
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 21USC971]

 
                        TITLE 21--FOOD AND DRUGS
 
              CHAPTER 13--DRUG ABUSE PREVENTION AND CONTROL
 
                    SUBCHAPTER II--IMPORT AND EXPORT
 
Sec. 971. Notification, suspension of shipment, and penalties 
        with respect to importation and exportation of listed chemicals
        

(a) Notification prior to transaction

    Each regulated person who imports or exports a listed chemical shall 
notify the Attorney General of the importation or exportation not later 
than 15 days before the transaction is to take place.

(b) Regular customers or importers

    (1) The Attorney General shall provide by regulation for 
circumstances in which the requirement of subsection (a) of this section 
does not apply to a transaction between a regulated person and a regular 
customer or to an importation by a regular importer. At the time of any 
importation or exportation constituting a transaction referred to in the 
preceding sentence, the regulated person shall notify the Attorney 
General of the transaction.
    (2) The regulations under this subsection shall provide that the 
initial notification under subsection (a) of this section with respect 
to a customer of a regulated person or to an importer shall, upon the 
expiration of the 15-day period, qualify the customer as a regular 
customer or the importer as a regular importer, unless the Attorney 
General otherwise notifies the regulated person in writing.

(c) Suspension of importation or exportation; disqualification of 
        regular customers or importers; hearing

    (1) The Attorney General may order the suspension of any importation 
or exportation of a listed chemical (other than a regulated transaction 
to which the requirement of subsection (a) of this section does not 
apply by reason of subsection (b) of this section) or may disqualify any 
regular customer or regular importer on the ground that the chemical may 
be diverted to the clandestine manufacture of a controlled substance. 
From and after the time when the Attorney General provides written 
notice of the order (including a statement of the legal and factual 
basis for the order) to the regulated person, the regulated person may 
not carry out the transaction.
    (2) Upon written request to the Attorney General, a regulated person 
to whom an order applies under paragraph (1) is entitled to an agency 
hearing on the record in accordance with subchapter II of chapter 5 of 
title 5. The hearing shall be held on an expedited basis and not later 
than 45 days after the request is made, except that the hearing may be 
held at a later time, if so requested by the regulated person.

(d) Broker or trader for international transaction in listed chemical

    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 subchapter and subchapter I 
of this chapter.

(e) Application of notification requirement to exports of listed 
        chemical; waiver

    (1) The Attorney General may by regulation require that the 15-day 
notification requirement of subsection (a) of this section 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 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 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.

(Pub. L. 91-513, title III, Sec. 1018, as added Pub. L. 100-690, title 
VI, Sec. 6053(a), Nov. 18, 1988, 102 Stat. 4314; amended Pub. L. 103-
200, Secs. 4(a), 5(a), 9(b), Dec. 17, 1993, 107 Stat. 2338-2340; Pub. L. 
103-322, title XXXIII, Sec. 330024(c), Sept. 13, 1994, 108 Stat. 2150.)


                               Amendments

    1994--Subsecs. (b)(1), (2), (c)(1). Pub. L. 103-322, 
Sec. 330024(c)(2), made technical amendment to directory language of 
Pub. L. 103-200, Sec. 9(b). See 1993 Amendment notes below.
    Subsec. (e). Pub. L. 103-322, Sec. 330024(c)(1), made technical 
amendment to directory language of Pub. L. 103-200, Sec. 5(a). See 1993 
Amendment note below.
    1993--Subsec. (b)(1). Pub. L. 103-200, Sec. 9(b)(1)(A), as amended 
by Pub. L. 103-322, Sec. 330024(c)(2), substituted ``to an importation 
by a regular importer'' for ``regular supplier of the regulated 
person''.
    Subsec. (b)(2). Pub. L. 103-200, Sec. 9(b)(1)(B), as amended by Pub. 
L. 103-322, Sec. 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). Pub. L. 103-200, Sec. 9(b)(2), as amended by Pub. L. 
103-322, Sec. 330024(c)(2), substituted ``regular importer'' for 
``regular supplier''.
    Subsec. (d). Pub. L. 103-200, Sec. 4(a), added subsec. (d).
    Subsec. (e). Pub. L. 103-200, Sec. 5(a), as amended by Pub. L. 103-
322, Sec. 330024(c)(1), added subsec. (e).


                    Effective Date of 1994 Amendment

    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.


                    Effective Date of 1993 Amendment

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


                             Effective Date

    Section 6053(b) of Pub. L. 100-690 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 Pub. 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

    Pub. L. 104-237, title II, Sec. 204(b), 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).''

                  Section Referred to in Other Sections

    This section is referred to in sections 830, 960, 961 of this title.
