TITLE 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
SUBCHAPTER II - IMPORT AND EXPORT
HEAD
Sec. 953. Exportation of controlled substances
STATUTE
(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 of 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.
(f) Exception for exportation for subsequent export
Notwithstanding subsections (a)(4) and (c)(3) of this section,
the Attorney General may authorize any controlled substance that is
in schedule I or II, or is a narcotic drug in schedule III or IV,
to be exported from the United States to a country for subsequent
export from that country to another country, if each of the
following conditions is met:
(1) Both the country to which the controlled substance is
exported from the United States (referred to in this subsection
as the "first country") and the country to which the controlled
substance is exported from the first country (referred to in this
subsection as the "second country") are parties to the Single
Convention on Narcotic Drugs, 1961, and the Convention on
Psychotropic Substances, 1971.
(2) The first country and the second country have each
instituted and maintain, in conformity with such Conventions, a
system of controls of imports of controlled substances which the
Attorney General deems adequate.
(3) With respect to the first country, the controlled substance
is consigned to a holder of such permits or licenses as may be
required under the laws of such country, and a permit or license
to import the controlled substance has been issued by the
country.
(4) With respect to the second country, substantial evidence is
furnished to the Attorney General by the person who will export
the controlled substance from the United States that -
(A) the controlled substance is to be consigned to a holder
of such permits or licenses as may be required under the laws
of such country, and a permit or license to import the
controlled substance is to be issued by the country; and
(B) the controlled substance is to be applied exclusively to
medical, scientific, or other legitimate uses within the
country.
(5) The controlled substance will not be exported from the
second country.
(6) Within 30 days after the controlled substance is exported
from the first country to the second country, the person who
exported the controlled substance from the United States delivers
to the Attorney General documentation certifying that such export
from the first country has occurred.
(7) A permit to export the controlled substance from the United
States has been issued by the Attorney General.
SOURCE
(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; Pub. L. 109-57, Sec. 1(b), Aug. 2, 2005, 119 Stat. 592.)
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
2005 - Subsec. (f). Pub. L. 109-57 added subsec. (f).
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.
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