§ 953. Exportation of controlled substances

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1970

   Controlled Substances Import and Export Act

   Pub. L. 91–513 title III § 1003 · 84 Stat. 1236

   Enacted · 21 U.S.C. § 953

   Pub. L. 91–513, title III, § 1003, Oct. 27, 1970, 84 Stat. 1286

   Source evidence

   Code source credit
   Pub. L. 91–513, title III, § 1003, Oct. 27, 1970, 84 Stat. 1286

   Enacted provision · exact public law section
   Sec. 1003. exportation of controlled substances (a) It shall be unlawful to export from the United States any narcotic drug in schedule I, II, III, or IV unless— (1) it is exported to a country which is a party to— (A) the International Opium Convention of 1912 for the Suppression of the Abuses of Opium, Morphine, Cocaine, 38 Stat. 1912. and Derivative Drugs, or to the International Opium Convention signed at Geneva on February 19, 1925; or (B) the Convention for Limiting the Manufacture and Regulating the Distribution of Narcotic Drugs concluded at Geneva, July 13, 1931, as amended by the protocol signed at 61 Stat. 2230; 62 Stat. 1796. Lake Success on December 11, 1946, and the protocol bringing under international control drugs outside the scope of the convention of July 13, 1931, for limiting the manufacture and regulating the distribution of narcotic drugs (as amended by the protocol signed at Lake Success 2 UST 1629. on December 11, 1946), signed at Paris, November 19, 1948; or (C) the Single Convention on Narcotic Drugs, 1961, signed 18 UST 1407. at New York, March 30, 1961; (2) such country has instituted and maintains, in conformity with the conventions to which it is a party, a system for the control of imports of narcotic drugs which the Attorney General deems adequate; (3) the narcotic drug is consigned to a holder of such permits or licenses as may be required under the laws of the country of import, and a permit or license to import such drug has been issued by the country of import; (4) substantial evidence is furnished to the Attorney General by the exporter that (A) the narcotic drug is to be applied exclusively to medical or scientific uses within the country of import, and (B) there is an actual need for the narcotic drug for medical or scientific uses within such country; and (5) a permit to export the narcotic drug in each instance has been issued by the Attorney General. (b) Notwithstanding subsection (a), the Attorney General may authorize any narcotic drug (including crude opium and coca leaves) Ante, p. 1248. in schedule I, II, III, or IV to be exported from the United States to a country which is a party to any of the international instruments mentioned in subsection (a) if the particular drug is to be applied to a special scientific purpose in the country of destination and the authorities of such country will permit the importation of the particular drug for such purpose. (c) It shall be unlawful to export from the United States any nonnarcotic controlled substance in schedule I or II unless— (1) it is exported to a country which has instituted and maintains a system which the Attorney General deems adequate for the control of imports of such substances; (2) the controlled substance is consigned to n holder of such permits or licenses as may be required under the laws of the country of import.; (3) substantial evidence is furnished to the Attorney General that (A) the controlled substance is to be applied exclusively to medical, scientific, or other legitimate uses within the country to which exported, (B) it will not be exported from such country, and (C) there is an actual need for the controlled substance for medical, scientific, or other legitimate uses within the country; and (4) a permit to export the controlled substance in each instance has been issued by the Attorney General. (d) Notwithstanding subsection (c), the Attorney General may authorize any nonnarcotic controlled substance in schedule I or II to be Ante, p. 1248. exported from the United States if the particular substance is to be applied to a special scientific purpose in the country of destination and the authorities of such country will permit the importation of the particular drug for such purpose. (e) It shall be unlawful to export from the United States to any other country any nonnarcotic controlled substance in schedule III or IV or any controlled substance in schedule V unless— (1) there is furnished (before export) to the Attorney General documentary proof that importation is not contrary to the laws or regulations of the country of destination; (2) a special controlled substance invoice, in triplicate, accompanies the shipment setting forth such information as the Attorney General may prescribe to identify’ the parties to the shipment and the means of shipping, and (3) two additional copies of the invoice are forwarded to the Attorney General before the controlled substance is exported from the United States.

2. 1978

   Psychotropic Substances Act of 1978

   Pub. L. 95–633 title I § 106 · 92 Stat. 3768

   Added · 21 U.S.C. § 953(e)(4)

   Pub. L. 95–633 added par. (4)

   Source evidence

   Code amendment note
   Subsec. (e)(4). Pub. L. 95–633 added par. (4).

   Enacted provision · exact public law section
   Sec. 106. Subsection (e) of section 1003 of the Controlled Substances Import and Export Act (21 U.S.C. 953(e)) is amended— (1) by striking out “, and” at the end of paragraph (2) and inserting in lieu thereof a semicolon; (2) by striking out the period at the end of paragraph (3) and inserting in lieu thereof “; and”: and (3) by adding after paragraph (3) the following new paragraph: “(4) in any case when a nonnarcotic controlled substance in schedule III, IV, or V is also listed in schedule I or II of the Convention on Psychotropic Substances, it is exported pursuant to such export permit requirements, prescribed by regulation of the Attorney General, as are required by the Convention, instead of the invoice required by paragraphs (2) and (3) of this subsection.”.

   Effective date note
   Amendment by Pub. L. 95–633 effective on date the Convention on Psychotropic Substances enters into force in the United States [July 15, 1980], see section 112 of Pub. L. 95–633, set out as an Effective Date note under section 801a of this title.

3. 1984

   Pub. L. 98–473 title II § 522 · 98 Stat. 1837

   1. Inserted · 21 U.S.C. § 953(e)

      Pub. L. 98–473 in cl. (1) inserted provisions for consumption for medical, etc., purposes

   2. Added · 21 U.S.C. § 953(e)

      Pub. L. 98–473 in cl. (1) added cls. (2) and (3)

   3. Struck · 21 U.S.C. § 953(e)

      Pub. L. 98–473 in cl. (1) struck out former cls. (2) to (4), respectively, relating to a special controlled substance invoice, two additional copies of the invoice, and exportation of a nonnarcotic controlled substance in schedule III, IV, or V, also listed in schedule I or II of the Convention

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 98–473 in cl. (1) inserted provisions for consumption for medical, etc., purposes, added cls. (2) and (3), and struck out former cls. (2) to (4), respectively, relating to a special controlled substance invoice, two additional copies of the invoice, and exportation of a nonnarcotic controlled substance in schedule III, IV, or V, also listed in schedule I or II of the Convention.

   Enacted provision · exact public law section
   Sec. 522. None of the funds appropriated or made available pursuant Commerce and trade. to this Act for direct assistance and none of the funds otherwise made available pursuant to this Act to the Export-Import Bank and the Overseas Private Investment Corporation shall be obligated or expended to finance any loan, any assistance or any other financial commitments for establishing or expanding production of any commodity for export by any country other than the United States, if the commodity is likely to be in surplus on world markets at the time the resulting productive capacity is expected to become operative and if the assistance will cause substantial injury to United States producers of the same, similar, or competing commodity: Provided, That such prohibition shall not apply to the Export-Import Bank if in the judgment of its Board of Directors the benefits to industry and employment in the United States are likely to outweigh the injury to United States producers of the same, similar, or competing commodity.

4. 2005

   Pub. L. 109–57 § 1(b) · 119 Stat. 592

   Added · 21 U.S.C. § 953(f)

   Pub. L. 109–57 added subsec. (f)

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 109–57 added subsec. (f).

   Enacted provision · exact public law section
   (b) In General.— Section 1003 of the Controlled Substances Import and Export Act (21 U.S.C. 953) is amended by adding at the end the following: “(f) Notwithstanding subsections (a)(4) and (c)(3), the Attorney General may authorize any controlled substance that is in schedule I or II, or is a narcotic drug in schedule III or IV, to be exported from the United States to a country for subsequent export from that country to another country, if each of the following conditions is met: “(1) Both the country to which the controlled substance is exported from the United States (referred to in this subsection as the ‘first country’) and the country to which the controlled substance is exported from the first country (referred to in this subsection as the ‘second country’) are parties to the Single Convention on Narcotic Drugs, 1961, and the Convention on Psychotropic Substances, 1971. “(2) The first country and the second country have each instituted and maintain, in conformity with such Conventions, a system of controls of imports of controlled substances which the Attorney General deems adequate. “(3) With respect to the first country, the controlled substance is consigned to a holder of such permits or licenses as may be required under the laws of such country, and a permit or license to import the controlled substance has been issued by the country. “(4) With respect to the second country, substantial evidence is furnished to the Attorney General by the person who will export the controlled substance from the United States that— “(A) the controlled substance is to be consigned to a holder of such permits or licenses as may be required under the laws of such country, and a permit or license to import the controlled substance is to be issued by the country; and “(B) the controlled substance is to be applied exclusively to medical, scientific, or other legitimate uses within the country. “(5) The controlled substance will not be exported from the second country. “(6) Deadline. Within 30 days after the controlled substance is exported from the first country to the second country, the person who exported the controlled substance from the United States delivers to the Attorney General documentation certifying that such export from the first country has occurred. “(7) A permit to export the controlled substance from the United States has been issued by the Attorney General.” .

5. 2015

   Improving Regulatory Transparency for New Medical Therapies Act

   Pub. L. 114–89 § 4(1)(A) · 129 Stat. 698

   1. Amended · 21 U.S.C. § 953(f)(5)

      Pub. L. 114–89, § 4(1)(A), designated existing provisions as subpar. (A)

   2. Inserted · 21 U.S.C. § 953(f)(5)

      Pub. L. 114–89, § 4(1)(A), inserted “, except that the controlled substance may be exported from a second country that is a member of the European Economic Area to another country that is a member of the European Economic Area, provided that the first country is also a member of the European Economic Area” before period at end

   3. Added · 21 U.S.C. § 953(f)(5)

      Pub. L. 114–89, § 4(1)(A), added subpar. (B)

   Source evidence

   Code amendment note
   Subsec. (f)(5). Pub. L. 114–89, § 4(1)(A), designated existing provisions as subpar. (A), inserted “, except that the controlled substance may be exported from a second country that is a member of the European Economic Area to another country that is a member of the European Economic Area, provided that the first country is also a member of the European Economic Area” before period at end, and added subpar. (B).

   Enacted provision · exact public law section
   (A) in paragraph (5)— (i) by striking “(5)” and inserting “(5)(A)”; (ii) by inserting “, except that the controlled substance may be exported from a second country that is a member of the European Economic Area to another country that is a member of the European Economic Area, provided that the first country is also a member of the European Economic Area” before the period at the end; and (iii) by adding at the end the following: “(B) Subsequent to any re-exportation described in subparagraph (A), a controlled substance may continue to be exported from any country that is a member of the European Economic Area to any other such country, if— “(i) the conditions applicable with respect to the first country under paragraphs (1), (2), (3), (4), (6), and (7) are met by each subsequent country from which the controlled substance is exported pursuant to this paragraph; and “(ii) the conditions applicable with respect to the second country under paragraphs (1), (2), (3), (4), (6), and (7) are met by each subsequent country to which the controlled substance is exported pursuant to this paragraph.” ; and

6. 2015

   Improving Regulatory Transparency for New Medical Therapies Act

   Pub. L. 114–89 § 4(1)(B) · 129 Stat. 698

   1. Amended · 21 U.S.C. § 953(f)(6)

      Pub. L. 114–89, § 4(1)(B), designated existing provisions as subpar. (A)

   2. Added · 21 U.S.C. § 953(f)(6)

      Pub. L. 114–89, § 4(1)(B), added subpar. (B)

   Source evidence

   Code amendment note
   Subsec. (f)(6). Pub. L. 114–89, § 4(1)(B), designated existing provisions as subpar. (A) and added subpar. (B).

   Enacted provision · exact public law section
   (B) in paragraph (6)— (i) by striking “(6)” and inserting “(6)(A)”; and (ii) by adding at the end the following: “(B) In the case of re-exportation among members of the European Economic Area, within 30 days after each re-exportation, the person who exported the controlled substance from the United States delivers to the Attorney General— “(i) documentation certifying that such re-exportation has occurred; and “(ii) information concerning the consignee, country, and product.” ; and

7. 2015

   Improving Regulatory Transparency for New Medical Therapies Act

   Pub. L. 114–89 § 4(2) · 129 Stat. 698

   Added · 21 U.S.C. § 953(g)

   Pub. L. 114–89, § 4(2), added subsec. (g)

   Source evidence

   Code amendment note
   Subsec. (g). Pub. L. 114–89, § 4(2), added subsec. (g).

   Enacted provision · exact public law section
   (2) by adding at the end the following: “(g) Limitation.— Subject to paragraphs (5) and (6) of subsection (f) in the case of any controlled substance in schedule I or II or any narcotic drug in schedule III or IV, the Attorney General shall not promulgate nor enforce any regulation, subregulatory guidance, or enforcement policy which impedes re-exportation of any controlled substance among European Economic Area countries, including by promulgating or enforcing any requirement that— “(1) re-exportation from the first country to the second country or re-exportation from the second country to another country occur within a specified period of time; or “(2) information concerning the consignee, country, and product be provided prior to exportation of the controlled substance from the United States or prior to each re-exportation among members of the European Economic Area.” .

12 of 12 references resolved to an enrolled provision