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CITE

    21 USC Sec. 957                                             01/05/2009

EXPCITE

    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER II - IMPORT AND EXPORT

HEAD

    Sec. 957. Persons required to register

STATUTE

    (a) Coverage
      No person may -
        (1) import into the customs territory of the United States from
      any place outside thereof (but within the United States), or
      import into the United States from any place outside thereof, any
      controlled substance or list I chemical, or
        (2) export from the United States any controlled substance or
      list I chemical,
    unless there is in effect with respect to such person a
    registration issued by the Attorney General under section 958 of
    this title, or unless such person is exempt from registration under
    subsection (b) of this section.
    (b) Exemptions
      (1) The following persons shall not be required to register under
    the provisions of this section and may lawfully possess a
    controlled substance or list I chemical:
        (A) An agent or an employee of any importer or exporter
      registered under section 958 of this title if such agent or
      employee is acting in the usual course of his business or
      employment.
        (B) A common or contract carrier or warehouseman, or an
      employee thereof, whose possession of any controlled substance or
      list I chemical is in the usual course of his business or
      employment.
        (C) An ultimate user who possesses such substance for a purpose
      specified in section 802(25) (!1) of this title and in conformity
      with an exemption granted under section 956(a) of this title.
      (2) The Attorney General may, by regulation, waive the
    requirement for registration of certain importers and exporters if
    he finds it consistent with the public health and safety; and may
    authorize any such importer or exporter to possess controlled
    substances or list I chemicals for purposes of importation and
    exportation.

SOURCE

    (Pub. L. 91-513, title III, Sec. 1007, Oct. 27, 1970, 84 Stat.
    1288; Pub. L. 98-473, title II, Sec. 523, Oct. 12, 1984, 98 Stat.
    2076; Pub. L. 103-200, Sec. 3(e), Dec. 17, 1993, 107 Stat. 2337.)

REFERENCES IN TEXT

      Section 802(25) of this title, referred to in subsec. (b)(1)(C),
    was redesignated section 802(26) of this title by Pub. L. 98-473,
    title II, Sec. 507(a), Oct. 12, 1984, 98 Stat. 2071, and was
    further redesignated section 802(27) of this title by Pub. L. 99-
    570, title I, Sec. 1003(b)(2), Oct. 27, 1986, 100 Stat. 3207-6.

AMENDMENTS

      1993 - Subsec. (a)(1). Pub. L. 103-200, Sec. 3(e)(1)(A), inserted
    "or list I chemical" after "controlled substance".
      Subsec. (a)(2). Pub. L. 103-200, Sec. 3(e)(1)(B), substituted "or
    list I chemical," for "in schedule I, II, III, IV, or V,".
      Subsec. (b)(1). Pub. L. 103-200, Sec. 3(e)(2)(A), inserted "or
    list I chemical" after "controlled substance" in introductory
    provisions and subpar. (B).
      Subsec. (b)(2). Pub. L. 103-200, Sec. 3(e)(2)(B), inserted "or
    list I chemicals" after "controlled substances".
      1984 - Subsec. (a)(2). Pub. L. 98-473 inserted reference to
    schedule V.
                     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.
                         PROVISIONAL REGISTRATION
      Section 1104 of Pub. L. 91-513, as amended by Pub. L. 99-514,
    Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that:
      "(a)(1) Any person -
        "(A) who is engaged in importing or exporting any controlled
      substance on the day before the effective date of section 1007
      [May 1, 1971],
        "(B) who notifies the Attorney General that he is so engaged,
      and
        "(C) who is registered on such day under section 510 of the
      Federal Food, Drug, and Cosmetic Act [section 360 of this title]
      or under section 4722 of the Internal Revenue Code of 1986
      [formerly I.R.C. 1954, section 4722 of title 26],
    shall, with respect to each establishment for which such
    registration is in effect under any such section, be deemed to have
    a provisional registration under section 1008 [section 958 of this
    title] for the import or export (as the case may be) of controlled
    substances.
      "(2) During the period his provisional registration is in effect
    under this section, the registration number assigned such person
    under such section 510 or under such section 4722 (as the case may
    be) shall be his registration number for purposes of part A of this
    title [this subchapter].
      "(b) The provisions of section 304 [section 824 of this title],
    relating to suspension and revocation of registration, shall apply
    to a provisional registration under this section.
      "(c) Unless sooner suspended or revoked under subsection (b), a
    provisional registration of a person under subsection (a)(1) of
    this section shall be in effect until -
        "(1) the date on which such person has registered with the
      Attorney General under section 1008 [section 958 of this title]
      or has had his registration denied under such section, or
        "(2) such date as may be prescribed by the Attorney General for
      registration of importers or exporters, as the case may be,
    whichever occurs first."

FOOTNOTE

    (!1) See References in Text note below.
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