Collapse to view only § 2354. Penalties; waivers; exceptions
- § 2351. Finding; policy
- § 2352. Use of national emergency authorities; reporting
- § 2353. Imposition of sanctions with respect to fentanyl trafficking by transnational criminal organizations
- § 2354. Penalties; waivers; exceptions
- § 2355. Treatment of forfeited property of transnational criminal organizations
§ 2351. Finding; policy
(a) Finding
(b) Policy
(Pub. L. 118–50, div. E, title I, § 3101, Apr. 24, 2024, 138 Stat. 936.)
§ 2352. Use of national emergency authorities; reporting
(a) In general
(b) Report required
(1) In general
Not later than 180 days after April 24, 2024, and annually thereafter, the President shall submit to the appropriate congressional committees a report on actions taken by the executive branch pursuant to this subchapter and any national emergency declared with respect to the trafficking of fentanyl and trade in other illicit drugs, including—
(A) the issuance of any new or revised regulations, policies, or guidance;
(B) the imposition of sanctions;
(C) the collection of relevant information from outside parties;
(D) the issuance or closure of general licenses, specific licenses, and statements of licensing policy by the Office of Foreign Assets Control;
(E) a description of any pending enforcement cases; and
(F) the implementation of mitigation procedures.
(2) Form of report
(Pub. L. 118–50, div. E, title I, § 3102, Apr. 24, 2024, 138 Stat. 936.)
§ 2353. Imposition of sanctions with respect to fentanyl trafficking by transnational criminal organizations
(a) In general
The President shall impose the sanctions described in subsection (b) with respect to any foreign person the President determines—
(1) is knowingly involved in the significant trafficking of fentanyl, fentanyl precursors, or other related opioids, including such trafficking by a transnational criminal organization; or
(2) otherwise is knowingly involved in significant activities of a transnational criminal organization relating to the trafficking of fentanyl, fentanyl precursors, or other related opioids.
(b) Sanctions described
(c) Report required
(Pub. L. 118–50, div. E, title I, § 3103, Apr. 24, 2024, 138 Stat. 936.)
§ 2354. Penalties; waivers; exceptions
(a) Penalties
(b) National security waiver
(c) Exceptions
(1) Exception for intelligence activities
(2) Exception for compliance with international obligations and law enforcement activities
Sanctions under this subchapter shall not apply with respect to an alien if admitting or paroling the alien into the United States is necessary—
(A) to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success on June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations of the United States; or
(B) to carry out or assist law enforcement activity of the United States.
(3) Humanitarian exemption
(Pub. L. 118–50, div. E, title I, § 3104, Apr. 24, 2024, 138 Stat. 937.)
§ 2355. Treatment of forfeited property of transnational criminal organizations
(a) Transfer of forfeited property to forfeiture funds
(1) In general
(2) Report required
(3) Covered forfeited property definedIn this subsection, the term “covered forfeited property” means property—
(A) forfeited to the United States under chapter 46 or section 1963 of title 18; and
(B) that belonged to or was possessed by an individual affiliated with or connected to a transnational criminal organization subject to sanctions under—
(i) this subchapter;
(ii) the Fentanyl Sanctions Act (21 U.S.C. 2301 et seq.); or
(iii) Executive Order 14059 (50 U.S.C. 1701 note; relating to imposing sanctions on foreign persons involved in the global illicit drug trade).
(b) Blocked Assets Under Terrorism Risk Insurance Act of 2002
(Pub. L. 118–50, div. E, title I, § 3105, Apr. 24, 2024, 138 Stat. 938.)