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21 USC Sec. 967 01/22/02
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TITLE 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE
PREVENTION AND CONTROL
SUBCHAPTER II - IMPORT
AND EXPORT
-HEAD-
Sec. 967. Smuggling of controlled
substances; investigations; oaths;
subpenas; witnesses; evidence; production of records; territorial
limits; fees and mileage of witnesses
-STATUTE-
For the purpose of any investigation
which, in the opinion of the Secretary
of the Treasury, is necessary and proper to the enforcement
of section 545 of title 18 (relating to smuggling goods into
the United States) with respect to any controlled substance (as
defined in section 802 of this title), the Secretary
of the Treasury may
administer oaths and affirmations, subpena witnesses, compel
their attendance, take evidence, and require the production of
records (including books, papers, documents and tangible things which
constitute or contain evidence) relevant or material to the investigation.
The attendance of witnesses and the production of records
may be required from any place within the customs territory of
the United States, except that a witness shall not be required to
appear at any hearing distant more than 100 miles from the place where
he was served with subpena. Witnesses summoned by the Secretary
shall be paid the same fees and mileage that are paid witnesses
in the courts of the United States. Oaths and affirmations
may be made at any place subject to the jurisdiction of
the United States.
-SOURCE-
(Aug. 11, 1955, ch. 800,
Sec. 1, 69 Stat. 684; Pub. L. 91-513, title
III, Sec. 1102(t), Oct. 27, 1970, 84 Stat. 1294.)
-COD-
CODIFICATION
Section was not enacted as
part of the Comprehensive Drug Abuse Prevention
and Control Act of 1970 which comprises this chapter. Section
was formerly classified to section 1034 of Title 31 prior to
the general revision and enactment of Title 31, Money and Finance,
by Pub. L. 97-258, Sec. 1, Sept. 13, 1982, 96 Stat. 877. Section
was also formerly classified to section 198a of this title.
-MISC3-
AMENDMENTS
1970 - Pub. L. 91-513 substituted
''section 545 of title 18 (relating
to smuggling goods into the United States) with respect to
any controlled substance (as defined in section 802
of this title)'' for
''the laws of the United States relating to narcotic drugs
and marihuana'' and substituted the customs territory of the United
States for any State or any territory or other place subject to
the jurisdiction of the United States is the defined area from within
which the attendance of witnesses and the production of records
may be required, and struck out provisions making the discretion
of the Secretary of the Treasury the determinative factor
as to what is relevant or material to the investigation.
EFFECTIVE
DATE OF 1970 AMENDMENT
Amendment by Pub. L. 91-513
effective on first day of seventh calendar
month that begins after Oct. 26, 1970, see 1105(a) of Pub. L.
91-513, set out as an Effective Date note under section 951
of this title.
SAVINGS PROVISION
Prosecutions for any violation
of law occurring, and civil seizures
or forfeitures and injunctive proceedings commenced, prior to
the effective date of amendment of this section by section 1102 of
Pub. L. 91-513 not to be affected or abated by reason thereof, see
section 1103 of Pub. L. 91-513, set out as a note under sections
171 to 174 of this title.
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