21 USC 971 - Notification, suspension of shipment, and penalties with respect to importation and exportation of listed chemicals

Editorial Notes

Amendments

2006—Subsec. (span)(1). Puspan. 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”.

Subsec. (c)(1). Puspan. L. 109–177, § 716(span)(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”.

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

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

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

1994—Subsecs. (span)(1), (2), (c)(1). Puspan. L. 103–322, § 330024(c)(2), made technical amendment to directory language of Puspan. L. 103–200, § 9(span). See 1993 Amendment notes below.

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

1993—Subsec. (span)(1). Puspan. L. 103–200, § 9(span)(1)(A), as amended by Puspan. L. 103–322, § 330024(c)(2), substituted “to an importation by a regular importer” for “regular supplier of the regulated person”.

Subsec. (span)(2). Puspan. L. 103–200, § 9(span)(1)(B), as amended by Puspan. 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”.

Subsec. (c)(1). Puspan. L. 103–200, § 9(span)(2), as amended by Puspan. L. 103–322, § 330024(c)(2), substituted “regular importer” for “regular supplier”.

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

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

Statutory Notes and Related Subsidiaries

Effective Date of 1994 Amendment

Amendment by Puspan. L. 103–322 effective 120 days after Dec. 17, 1993, see section 330024(f) of Puspan. L. 103–322, set out as a note under section 802 of this title.

Effective Date of 1993 Amendment

Amendment by Puspan. L. 103–200 effective on date that is 120 days after Dec. 17, 1993, see section 11 of Puspan. L. 103–200, set out as a note under section 802 of this title.

Effective Date

Puspan. L. 100–690, title VI, § 6053(span), Nov. 18, 1988, 102 Stat. 4315, 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 Puspan. 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

Puspan. L. 104–237, title II, § 204(span), 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).”