-CITE-
21 USC Sec. 971 01/22/02
-EXPCITE-
TITLE 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE PREVENTION
AND CONTROL
SUBCHAPTER II - IMPORT AND
EXPORT
-HEAD-
Sec. 971. Notification, suspension
of shipment, and penalties with respect
to importation and exportation of listed chemicals
-STATUTE-
(a) Notification
prior to transaction
Each regulated person who imports
or exports a listed chemical shall
notify the Attorney General of the importation or exportation not
later than 15 days before the transaction is to take place.
(b) Regular customers
or importers
(1) The Attorney General shall
provide by regulation for circumstances in which the requirement of subsection
(a) of this section does not apply to a transaction between a regulated
person and a regular customer or to an importation by a regular importer.
At the time of any importation or exportation constituting a transaction
referred to in the preceding sentence, the regulated person
shall notify the Attorney General of the transaction.
(2) The regulations under this
subsection shall provide that the initial notification under subsection
(a) of this section with respect to a customer of a regulated person or
to an importer shall, upon
the expiration of the 15-day period, qualify the customer
as a regular customer or the importer as a regular importer,
unless the Attorney General otherwise notifies the regulated
person in writing.
(c) Suspension of
importation or exportation; disqualification of regular customers or importers;
hearing
(1) The Attorney General may order
the suspension of any importation or exportation of a listed chemical (other
than a regulated transaction to which the requirement of subsection (a)
of this section does not apply by reason of subsection (b) of this section)
or may disqualify any regular customer or regular importer on
the ground that the chemical may be diverted to the clandestine manufacture
of a controlled substance. From and after the time when
the Attorney General provides written notice of the order (including
a statement of the legal and factual basis for the order)
to the regulated person, the regulated person may not carry out
the transaction.
(2) Upon written request to the
Attorney General, a regulated person
to whom an order applies under paragraph (1) is entitled to an
agency hearing on the record in accordance with subchapter II of chapter
5 of title 5. The hearing shall be held on an expedited basis
and not later than 45 days after the request is made, except that
the hearing may be held at a later time, if so requested by the
regulated person.
(d) Broker or trader
for international transaction in listed chemical
A person located in the United States who is a broker or trader for an international
transaction in a listed chemical that is a regulated transaction solely because
of that person's involvement as a broker or trader shall, with respect to
that transaction, be subject to all of the notification, reporting, recordkeeping,
and other requirements placed upon exporters of listed chemicals by this subchapter
and subchapter I of this chapter.
(e) Application
of notification requirement to exports of listed chemical; waiver
(1) The Attorney General may by
regulation require that the 15-day
notification requirement of subsection (a) of this section apply
to all exports of a listed chemical to a specified country, regardless
of the status of certain customers in such country as regular
customers, if the Attorney General finds that such notification
is necessary to support effective chemical diversion control
programs or is required by treaty or other international agreement
to which the United States is a party.
(2) The Attorney
General may by regulation waive the 15-day notification
requirement for exports of a listed chemical to a specified
country if the Attorney General determines that such notification
is not required for effective chemical diversion control.
If the notification requirement is waived, exporters of the
listed chemical shall be required to submit to the Attorney General
reports of individual exportations or periodic reports of such
exportation of the listed chemical, at such time or times and containing
such information as the Attorney General shall establish by
regulation.
(3) The Attorney General may by
regulation waive the 15-day notification
requirement for the importation of a listed chemical if
the Attorney General determines that such notification is not necessary
for effective chemical diversion control. If the notification
requirement is waived, importers of the listed chemical
shall be required to submit to the Attorney General reports
of individual importations or periodic reports of the importation
of the listed chemical, at such time or times and containing
such information as the Attorney General shall establish by
regulation.
-SOURCE-
(Pub. L. 91-513, title III, Sec.
1018, as added Pub. L. 100-690, title
VI, Sec. 6053(a), Nov. 18, 1988, 102 Stat. 4314; amended Pub. L.
103-200, Sec. 4(a), 5(a), 9(b), Dec. 17, 1993, 107 Stat. 2338-2340;
Pub. L. 103-322, title XXXIII, Sec. 330024(c), Sept. 13, 1994,
108 Stat. 2150.)
-MISC1-
AMENDMENTS
1994 - Subsecs. (b)(1), (2), (c)(1).
Pub. L. 103-322, Sec. 330024(c)(2), made technical amendment to directory
language of Pub. L. 103-200, Sec. 9(b). See 1993 Amendment notes below.
Subsec. (e). Pub. L. 103-322, Sec.
330024(c)(1), made technical amendment
to directory language of Pub. L. 103-200, Sec. 5(a). See 1993
Amendment note below.
1993 - Subsec. (b)(1). Pub. L. 103-200,
Sec. 9(b)(1)(A), as amended
by Pub. L. 103-322, Sec. 330024(c)(2), substituted ''to an importation
by a regular importer'' for ''regular supplier of the regulated
person''.
Subsec. (b)(2). Pub. L. 103-200,
Sec. 9(b)(1)(B), as amended by Pub.
L. 103-322, Sec. 330024(c)(2), substituted ''a customer of a regulated
person or to an importer'' for ''a customer or supplier of
a regulated person'' and ''the importer as a regular importer'' for
''regular supplier''.
Subsec. (c)(1). Pub. L. 103-200,
Sec. 9(b)(2), as amended by Pub. L.
103-322, Sec. 330024(c)(2), substituted ''regular importer'' for ''regular
supplier''.
Subsec. (d). Pub. L. 103-200, Sec.
4(a), added subsec. (d).
Subsec. (e). Pub. L. 103-200, Sec.
5(a), as amended by Pub. L. 103-322,
Sec. 330024(c)(1), added subsec. (e).
EFFECTIVE DATE
OF 1994 AMENDMENT
Amendment by Pub. L. 103-322 effective
120 days after Dec. 17, 1993,
see section 330024(f) of Pub. L. 103-322, set out as a note under
section 802 of this title.
EFFECTIVE DATE
OF 1993 AMENDMENT
Amendment by Pub. L. 103-200 effective
on date that is 120 days after
Dec. 17, 1993, see section 11 of Pub. L. 103-200, set out as a
note under section 802 of this
title.
EFFECTIVE DATE
Section 6053(b) of Pub. L. 100-690
provided that:
''(1) Not later than 45 days after
the date of the enactment of this
Act (Nov. 18, 1988), the Attorney General shall forward to the Director
of the Office of Management and Budget proposed regulations
required by the amendment made by subsection (a) (enacting
this section).
''(2) Not later than 55 days after
the date of the enactment of this
Act, the Director of the Office of Management and Budget shall -
''(A) review such proposed regulations
of the Attorney General; and
''(B) forward any comments and
recommendations for modifications
to the Attorney General.
''(3) Not later than 60 days after
the date of the enactment of this Act, the Attorney General shall publish
the proposed final regulations required by the amendment made by subsection
(a).
''(4) Not later than 120 days
after the date of the enactment of this Act, the Attorney General shall
promulgate final regulations required by the amendment made by subsection
(a).
''(5) Subsection (a) of section
1018 of the Controlled Substances Import
and Export Act (subsection (a) of this section), as added by subsection
(a) of this section, shall take effect 90 days after the promulgation
of the final regulations under paragraph (4).
''(6) Each regulated person shall
provide to the Attorney General the
identity of any regular customer or regular supplier of the regulated
person not later than 30 days after the promulgation of the
final regulations under paragraph (4). Not later than 60 days after
the end of such 30-day period, each regular customer and regular
supplier so identified shall be a regular customer or regular
supplier for purposes of any applicable exception from the requirement
of subsection (a) of such section 1018, unless the the (sic)
Attorney General otherwise notifies the regulated person in writing.''
Section effective 120 days after
Nov. 18, 1988 (except subsec. (a),
see above), see section 6061 of Pub. L. 100-690, set out as an Effective
Date of 1988 Amendment note under section 802
of this title.
EXCEPTION FOR IODINE
TO IMPORTATION AND EXPORTATION REQUIREMENTS
FOR LISTED CHEMICALS
Pub. L. 104-237, title II, Sec.
204(b), Oct. 3, 1996, 110 Stat. 3102,
provided that:
''(1) Iodine shall not be subject
to the requirements for listed chemicals
provided in section 1018 of the Controlled Substances Import
and Export Act (21 U.S.C. 971).
''(2) Effect of Exception. - The
exception made by paragraph (1) shall
not limit the authority of the Attorney General to impose the requirements
for listed chemicals provided in section 1018 of the Controlled
Substances Import and Export Act (21 U.S.C. 971).''
-SECREF-
SECTION REFERRED
TO IN OTHER SECTIONS
This section is referred to in
sections 830, 960, 961 of this title.
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