
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 21USC953]

 
                        TITLE 21--FOOD AND DRUGS
 
              CHAPTER 13--DRUG ABUSE PREVENTION AND CONTROL
 
                    SUBCHAPTER II--IMPORT AND EXPORT
 
Sec. 953. Exportation of controlled substances


(a) Narcotic drugs in schedule I, II, III, or IV

    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, 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 Lake 
        Success on December 11, 1946, and the protocol bringing under 
        international control drugs outside the scope of the convention 
        on July 13, 1931, for limiting the manufacture and regulating 
        the distribution of narcotic drugs (as amended by the protocol 
        signed at Lake Success on December 11, 1946), signed at Paris, 
        November 19, 1948; or
            (C) the Single Convention on Narcotic Drugs, 1961, signed 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) Exception for exportation for special scientific purposes

    Notwithstanding subsection (a) of this section, the Attorney General 
may authorize any narcotic drug (including crude opium and coca leaves) 
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) of this section 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) Nonnarcotic controlled substances in schedule I or II

    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 a 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) Exception for exportation for special scientific purposes

    Notwithstanding subsection (c) of this section, the Attorney General 
may authorize any nonnarcotic controlled substance in schedule I or II 
to be 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) Nonnarcotic controlled substances in schedule III or IV; controlled 
        substances in schedule V

    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 substances 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 for consumption for 
    medical, scientific, or other legitimate purposes;
        (2) it is exported pursuant to such notification or declaration, 
    or in the case of any nonnarcotic controlled substance in schedule 
    III, such export permit, notification, or declaration as the 
    Attorney General may by regulation prescribe; and
        (3) in the case of a nonnarcotic controlled substance in 
    schedule IV or V which 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.

(Pub. L. 91-513, title III, Sec. 1003, Oct. 27, 1970, 84 Stat. 1286; 
Pub. L. 95-633, title I, Sec. 106, Nov. 10, 1978, 92 Stat. 3772; Pub. L. 
98-473, title II, Sec. 522, Oct. 12, 1984, 98 Stat. 2076.)

                       References in Text

    Schedules I, II, III, IV and V, referred to in text, are set out in 
section 812(c) of this title.


                               Amendments

    1984--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.
    1978--Subsec. (e)(4). Pub. L. 95-633 added par. (4).


                    Effective Date of 1978 Amendment

    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.

                  Section Referred to in Other Sections

    This section is referred to in sections 954, 956, 960 of this title; 
title 18 section 5032; title 48 section 1972.
