§ 971. Notification, suspension of shipment, and penalties with respect to importation and exportation of listed chemicals

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. 1988

   Comprehensive Drug Abuse Prevention and Control Act of 1970

   Pub. L. 91–513 title III § 1018 · 84 Stat. 1236

   Enacted · 21 U.S.C. § 971

   Pub. L. 91–513, title III, § 1018, as added Pub. L. 100–690, title VI, § 6053(a), Nov. 18, 1988, 102 Stat. 4314

   Source evidence

   Code source credit
   Pub. L. 91–513, title III, § 1018, as added Pub. L. 100–690, title VI, § 6053(a), Nov. 18, 1988, 102 Stat. 4314

2. 1993

   Pub. L. 103–200 § 9(b)(1)(A) · 107 Stat. 2333

   1. Amended · 21 U.S.C. § 971(b)(1)

      Pub. L. 103–200, § 9(b)(1)(A), as amended by Pub. L. 103–322, § 330024(c)(2)

   2. Substituted · 21 U.S.C. § 971(b)(1)

      Pub. L. 103–200, § 9(b)(1)(A), as substituted “to an importation by a regular importer” for “regular supplier of the regulated person”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 103–200, § 9(b)(1)(A), as amended by Pub. L. 103–322, § 330024(c)(2), substituted “to an importation by a regular importer” for “regular supplier of the regulated person”.

   Enacted provision · exact public law section
   (A) in paragraph (1) by striking “regular supplier of the regulated person” and inserting “to an importation by a regular importer”; and

3. 1993

   Pub. L. 103–200 § 9(b)(1)(B) · 107 Stat. 2333

   1. Amended · 21 U.S.C. § 971(b)(2)

      Pub. L. 103–200, § 9(b)(1)(B), as amended by Pub. L. 103–322, § 330024(c)(2)

   2. Substituted · 21 U.S.C. § 971(b)(2)

      Pub. L. 103–200, § 9(b)(1)(B), as substituted “a customer of a regulated person or to an importer” for “a customer or supplier of a regulated person”

   3. Substituted · 21 U.S.C. § 971(b)(2)

      Pub. L. 103–200, § 9(b)(1)(B), as substituted “the importer as a regular importer” for “regular supplier”

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 103–200, § 9(b)(1)(B), as amended by Pub. L. 103–322, § 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”.

   Enacted provision · exact public law section
   (B) in paragraph (2)— (i) by striking “a customer or supplier of a regulated person” and inserting “a customer of a regulated person or to an importer”; and (ii) by striking “regular supplier” and inserting “the importer as a regular importer”; and

4. 1993

   Pub. L. 103–200 § 9(b)(2) · 107 Stat. 2333

   1. Amended · 21 U.S.C. § 971(c)(1)

      Pub. L. 103–200, § 9(b)(2), as amended by Pub. L. 103–322, § 330024(c)(2)

   2. Substituted · 21 U.S.C. § 971(c)(1)

      Pub. L. 103–200, § 9(b)(2), as substituted “regular importer” for “regular supplier”

   Source evidence

   Code amendment note
   Subsec. (c)(1). Pub. L. 103–200, § 9(b)(2), as amended by Pub. L. 103–322, § 330024(c)(2), substituted “regular importer” for “regular supplier”.

   Enacted provision · exact public law section
   (2) in subsection (c)(1) by striking “regular supplier” and inserting “regular importer”.

5. 1993

   Pub. L. 103–200 § 4(a) · 107 Stat. 2333

   Added · 21 U.S.C. § 971(d)

   Pub. L. 103–200, § 4(a), added subsec. (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 103–200, § 4(a), added subsec. (d).

   Enacted provision · exact public law section
   (a) Notification, Suspension of Shipment, and Penalties With Respect to Importation and Exportation of Listed Chemicals.— Section 1018 of the Controlled Substances Import and Export Act (21 U.S.C. 971) is amended by adding at the end the following new subsection: “(d) 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 title and title II.”.

6. 1993

   Pub. L. 103–200 § 5(a) · 107 Stat. 2333

   1. Amended · 21 U.S.C. § 971(e)

      Pub. L. 103–200, § 5(a), as amended by Pub. L. 103–322, § 330024(c)(1)

   2. Added · 21 U.S.C. § 971(e)

      Pub. L. 103–200, § 5(a), as added subsec. (e)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 103–200, § 5(a), as amended by Pub. L. 103–322, § 330024(c)(1), added subsec. (e).

   Enacted provision · exact public law section
   (a) Notification Requirement.— Section 1018 of the Controlled Substances Import and Export Act (21 U.S.C. 971), as amended by section 1505(a) of this Act, is amended by adding at the end the following new subsection: “(e) (1) The Attorney General may by regulation require that the 15-day notification requirement of subsection (a) 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 Reports. Regulations. 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 Reports. Regulations. 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.”.

7. 1994

   Violent Crime Control and Law Enforcement Act of 1994

   Pub. L. 103–322 § 330024(c)(2) · 108 Stat. 1796

   Changed · 21 U.S.C. § 971(b)(1); 21 U.S.C. § 971(b)(2); 21 U.S.C. § 971(c)(1)

   Pub. L. 103–322, § 330024(c)(2), made technical amendment to directory language of Pub. L. 103–200, § 9(b). See 1993 Amendment notes below

   Source evidence

   Code amendment note
   Subsecs. (b)(1), (2), (c)(1). Pub. L. 103–322, § 330024(c)(2), made technical amendment to directory language of Pub. L. 103–200, § 9(b). See 1993 Amendment notes below.

   Enacted provision · exact public law section
   (2) Section 9(b) of the Domestic Chemical Diversion Control 21 USC 971. Act of 1993 is amended by striking “Controlled Substances Act” and inserting “Controlled Substances Import and Export Act”.

   Effective date note
   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.

8. 1994

   Violent Crime Control and Law Enforcement Act of 1994

   Pub. L. 103–322 § 330024(c)(1) · 108 Stat. 1796

   Changed · 21 U.S.C. § 971(e)

   Pub. L. 103–322, § 330024(c)(1), made technical amendment to directory language of Pub. L. 103–200, § 5(a). See 1993 Amendment note below

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 103–322, § 330024(c)(1), made technical amendment to directory language of Pub. L. 103–200, § 5(a). See 1993 Amendment note below.

   Enacted provision · exact public law section
   (1) Section 5(a) of the Domestic Chemical Diversion Control 21 USC 971. Act of 1993 is amended by striking “section 1505(a)” and inserting “section 4”.

   Effective date note
   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.

9. 2006

   Combat Methamphetamine Epidemic Act of 2005

   Pub. L. 109–177 § 716(a)(1) · 120 Stat. 192

   Substituted · 21 U.S.C. § 971(b)(1)

   Pub. L. 109–177, § 716(a)(1), substituted “or to a transaction that is an importation by a regular importer” for “or to an importation by a regular importer”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 109–177, § 716(a)(1), substituted “or to a transaction that is an importation by a regular importer” for “or to an importation by a regular importer”.

   Enacted provision · exact public law section
   (1) in subsection (b)(1), in the first sentence, by striking “or to an importation by a regular importer” and inserting “or to a transaction that is an importation by a regular importer”;

10. 2006

    Combat Methamphetamine Epidemic Act of 2005

    Pub. L. 109–177 § 716(b)(1)(B) · 120 Stat. 192

    Inserted · 21 U.S.C. § 971(c)(1)

    Pub. L. 109–177, § 716(b)(1)(B), inserted “(without regard to the form of the chemical that may be diverted, including the diversion of a finished drug product to be manufactured from bulk chemicals to be transferred)” after “manufacture of a controlled substance”

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 109–177, § 716(b)(1)(B), inserted “(without regard to the form of the chemical that may be diverted, including the diversion of a finished drug product to be manufactured from bulk chemicals to be transferred)” after “manufacture of a controlled substance”.

    Enacted provision · exact public law section
    (B) in section 1018(c)(1), 21 USC 971. in the first sentence, by inserting before the period the following: “(without regard to the form of the chemical that may be diverted, including the diversion of a finished drug product to be manufactured from bulk chemicals to be transferred)”.

11. 2006

    Combat Methamphetamine Epidemic Act of 2005

    Pub. L. 109–177 § 716(a)(2) · 120 Stat. 192

    1. Added · 21 U.S.C. § 971(d)(f)

       Pub. L. 109–177, § 716(a)(2), (3), added subsec. (d)

    2. Redesignated · 21 U.S.C. § 971(d)(f)

       Pub. L. 109–177, § 716(a)(2), (3), redesignated former subsecs. (d) and (e) as (e) and (f), respectively

    Source evidence

    Code amendment note
    Subsecs. (d) to (f). Pub. L. 109–177, § 716(a)(2), (3), added subsec. (d) and redesignated former subsecs. (d) and (e) as (e) and (f), respectively.

    Enacted provision · exact public law section
    (2) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively;

12. 2006

    Combat Methamphetamine Epidemic Act of 2005

    Pub. L. 109–177 § 716(a)(4) · 120 Stat. 192

    Added · 21 U.S.C. § 971(g)

    Pub. L. 109–177, § 716(a)(4), added subsec. (g)

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 109–177, § 716(a)(4), added subsec. (g).

    Enacted provision · exact public law section
    (4) by adding at the end the following subsection: “(g) Deadlines. Within 30 days after a transaction covered by this section is completed, the importer or exporter shall send the Attorney General a return declaration containing particulars of the transaction, including the date, quantity, chemical, container, name of transferees, and such other information as the Attorney General may specify in regulations. For importers, a single return declaration may include the particulars of both the importation and distribution. If the importer has not distributed all chemicals imported by the end of the initial 30-day period, the importer shall file supplemental return declarations no later than 30 days from the date of any further distribution, until the distribution or other disposition of all chemicals imported pursuant to the import notification or any update are accounted for.” .

13. 2006

    Combat Methamphetamine Epidemic Act of 2005

    Pub. L. 109–177 § 721 · 120 Stat. 192

    Added · 21 U.S.C. § 971(h)

    Pub. L. 109–177, § 721, added subsec. (h)

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 109–177, § 721, added subsec. (h).

    Enacted provision · exact public law section
    SEC. 721. INFORMATION ON FOREIGN CHAIN OF DISTRIBUTION; IMPORT RESTRICTIONS REGARDING FAILURE OF DISTRIBUTORS TO COOPERATE.   Section 1018 of the Controlled Substances Import and Export Act (21 U.S.C. 971), as amended by section 716(a)(4) of this title, is further amended by adding at the end the following subsection: “(h) (1) With respect to a regulated person importing ephedrine, pseudoephedrine, or phenylpropanolamine (referred to in this section as an ‘importer’), a notice of importation under subsection (a) or (b) shall include all information known to the importer on the chain of distribution of such chemical from the manufacturer to the importer. “(2) For the purpose of preventing or responding to the diversion of ephedrine, pseudoephedrine, or phenylpropanolamine for use in the illicit production of methamphetamine, the Attorney General may, in the case of any person who is a manufacturer or distributor of such chemical in the chain of distribution referred to in paragraph (1) (which person is referred to in this subsection as a ‘foreign-chain distributor’), request that such distributor provide to the Attorney General information known to the distributor on the distribution of the chemical, including sales. “(3) If the Attorney General determines that a foreign-chain distributor is refusing to cooperate with the Attorney General in obtaining the information referred to in paragraph (2), the Attorney General may, in accordance with procedures that apply under subsection (c), issue an order prohibiting the importation of ephedrine, pseudoephedrine, or phenylpropanolamine in any case in which such distributor is part of the chain of distribution for such chemical. Deadline. Federal Register, publication. Notice. Not later than 60 days prior to issuing the order, the Attorney General shall publish in the Federal Register a notice of intent to issue the order. During such 60-day period, imports of the chemical with respect to such distributor may not be restricted under this paragraph.” .

18 of 19 references resolved to an enrolled provision · 1 partial