The Controlled Substances Act

PAGE 4

UNITED STATES CODE SERVICE

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TITLE 21. FOOD AND DRUGS

CHAPTER 13. DRUG ABUSE PREVENTION AND CONTROL

OFFENSES AND PENALTIES

21 USCS Section 886 (1996)

Section 886. Payments and advances

(a) Payment to informers. The Attorney General is authorized to pay any person, from funds appropriated for the Drug Enforcement Administration, for information concerning a violation of this title, such sum or sums of money as he may deem appropriate, without reference to any moieties or rewards to which such person may otherwise be entitled by law.

(b) Reimbursement for purchase of controlled substances. Moneys expended from appropriations of the Drug Enforcement Administration for purchase of controlled substances and subsequently recovered shall be reimbursed to the current appropriation for the Bureau [Administration].

(c) Advance of funds for enforcement purposes. The Attorney General is authorized to direct the advance of funds by the Treasury Department in connection with the enforcement of this title.

(d) Drug Pollution Fund.

(1) There is established in the Treasury a trust fund to be known as the "Drug Pollution Fund" (hereinafter referred to in this subsection as the "Fund"), consisting of amounts appropriated or credited to such Fund under section 401(b)(6) [21 USCS Section 841(b)(6)].

(2) There are hereby appropriated to the Fund amounts equivalent to the fines imposed under section 401(b)(6) [21 USCS Section 841(b)(6)].

(3) Amounts in the Fund shall be available, as provided in appropriations Acts, for the purpose of making payments in accordance with paragraph (4) for the clean up of certain pollution resulting from the actions referred to in section 401(b)(6) [21 USCS Section 841(b)(6)].

(4)

(A) The Secretary of the Treasury, after consultation with the Attorney General, shall make payments under paragraph (3), in such amounts as the Secretary determines appropriate, to the heads of executive agencies or departments that meet the requirements of subparagraph (B).

(B) In order to receive a payment under paragraph (3), the head of an executive agency or department shall submit an application in such form and containing such information as the Secretary of the Treasury shall by regulation require. Such application shall contain a description of the fine imposed under section 401(b)(6) [21 USCS Section 841(b)(6)], the circumstances surrounding the imposition of such fine, and the type and severity of pollution that resulted from the actions to which such fine applies.

(5) For purposes of subchapter B of chapter 98 of the Internal Revenue Code of 1986 [26 USCS Sections 9601 et seq.], the Fund established under this paragraph shall be treated in the same manner as a trust fund established under subchapter A of such chapter [26 USCS Sections 9501 et seq.].

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TITLE 21. FOOD AND DRUGS

CHAPTER 13. DRUG ABUSE PREVENTION AND CONTROL

OFFENSES AND PENALTIES

21 USCS Section 886A (1996)

Section 886a. Diversion Control Fee Account

There is established in the general fund of the Treasury a separate account which shall be known as the Diversion Control Fee Account. For fiscal year 1993 and thereafter:

(1) There shall be deposited as offsetting receipts into that account all fees collected by the Drug Enforcement Administration, in excess of $ 15,000,000, for the operation of its diversion control program.

(2) Such amounts as are deposited into the Diversion Control Fee Account shall remain available until expended and shall be refunded out of that account by the Secretary of the Treasury, at least on a quarterly basis, to reimburse the Drug Enforcement Administration for expenses incurred in the operation of the diversion control program.

(3) Fees charged by the Drug Enforcement Administration under its diversion control program shall be set at a level that ensures the recovery of the full costs of operating the various aspects of that program.

(4) The amount required to be refunded from the Diversion Control Fee Account for fiscal year 1994 and thereafter shall be refunded in accordance with estimates made in the budget request of the Attorney General for those fiscal years. Any proposed changes in the amounts designated in said budget requests shall only be made after notification to the Committees on Appropriations of the House of Representatives and the Senate fifteen days in advance.

(5) The Attorney General shall prepare and submit annually to the Congress, statements of financial condition of the account, including the beginning balance, receipts, refunds to appropriations, transfers to the general fund, and the ending balance.

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TITLE 21. FOOD AND DRUGS

CHAPTER 13. DRUG ABUSE PREVENTION AND CONTROL

OFFENSES AND PENALTIES

21 USCS Section 887 (1996)

Section 887. Coordination and consolidation of post-seizure administration

The Attorney General and the Secretary of the Treasury shall take such action as may be necessary to develop and maintain a joint plan to coordinate and consolidate post-seizure administration of property seized under this title, title III, or provisions of the customs laws relating to controlled substances.

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TITLE 21. FOOD AND DRUGS

CHAPTER 13. DRUG ABUSE PREVENTION AND CONTROL

OFFENSES AND PENALTIES

21 USCS Section 888 (1996)

Section 888. Expedited procedures for seized conveyances

(a)

(1) The owner of a conveyance may petition the Attorney General for an expedited decision with respect to the conveyance, if the conveyance is seized for a drug-related offense and the owner has filed the requisite claim and cost bond in the manner provided in section 608 of the Tariff Act of 1930 [19 USCS Section 1608]. The Attorney General shall make a determination on a petition under this section expeditiously, including a determination of any rights or defenses available to the petitioner. If the Attorney General does not grant or deny a petition under this section within 20 days after the date on which the petition is filed, the conveyance shall be returned to the owner pending further forfeiture proceedings.

(2) With respect to a petition under this section, the Attorney General may--

(A) deny the petition and retain possession of the conveyance;

(B) grant the petition, move to dismiss the forfeiture action, if filed, and promptly release the conveyance to the owner; or

(C) advise the petitioner that there is not adequate information available to determine the petition and promptly release the conveyance to the owner.

(3) Release of a conveyance under subsection (a)(1) or (a)(2)(C) does not affect any forfeiture action with respect to the conveyance.

(4) The Attorney General shall prescribe regulations to carry out this section.

(b) At the time of seizure, the officer making the seizure shall furnish to any person in possession of the conveyance a written notice specifying the procedures under this section. At the earliest practicable opportunity after determining ownership of the seized conveyance, the head of the department or agency that seizes the conveyance shall furnish a written notice to the owner and other interested parties (including lienholders) of the legal and factual basis of the seizure.

(c) Not later than 60 days after a claim and cost bond have been filed under section 608 of the Tariff Act of 1930 [19 USCS Section 1608] regarding a conveyance seized for a drug-related offense, the Attorney General shall file a complaint for forfeiture in the appropriate district court, except that the court may extend the period for filing for good cause shown or on agreement of the parties. If the Attorney General does not file a complaint as specified in the preceding sentence, the court shall order the return of the conveyance to the owner and the forfeiture may not take place.

(d) Any owner of a conveyance seized for a drug-related offense may obtain release of the conveyance by providing security in the form of a bond to the Attorney General in an amount equal to the value of the conveyance unless the Attorney General determines the conveyance should be retained (1) as contraband, (2) as evidence of a violation of law, or (3) because, by reason of design or other characteristic, the conveyance is particularly suited for use in illegal activities.

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TITLE 21. FOOD AND DRUGS

CHAPTER 13. DRUG ABUSE PREVENTION AND CONTROL

OFFENSES AND PENALTIES

21 USCS Section 889 (1996)

Section 889. Controlled substances production control

(a) As used in this section:

(1) The term "controlled substance" has the same meaning given such term in section 102(6) of the Controlled Substances Act (21 U.S.C. 801(6)) [21 USCS Section 801(6)].

(2) The term "Secretary" means the Secretary of Agriculture.

(3) The term "State" means each of the fifty States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands of the United States, American Samoa, the Commonwealth of the Northern Mariana Islands, or the Trust Territory of the Pacific Islands.

(b) Notwithstanding any other provision of law, following the date of enactment of this Act [enacted Dec. 23, 1985], any person who is convicted under Federal or State law of planting, cultivation, growing, producing, harvesting, or storing a controlled substance in any crop year shall be ineligible for--

(1) as to any commodity produced during that crop year, and the four succeeding crop years, by such person--

(A) any price support or payment made available under the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.) [7 USCS Sections 1421 et seq.], the Commodity Credit Corporation Charter Act (15 U.S.C. 714 et seq.) [15 USCS Sections 714 et seq.], or any other Act;

(B) a farm storage facility loan made under section 4(h) of the Commodity Credit Corporation Charter Act (15 U.S.C. 714b(h)) [15 USCS Section 714b(h)];

(C) crop insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) [7 USCS Sections 1501 et seq.];

(D) a disaster payment made under the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.) [7 USCS Sections 1421 et seq.]; or

(E) a loan made, insured or guaranteed under the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq.) [7 USCS Sections 1921 et seq.] or any other provision of law administered by the Farmers Home Administration; or

(2) a payment made under section 4 or 5 of the Commodity Credit Corporation Charter Act (15 U.S.C. 714b or 714c) [15 USCS Sections 714b, 714c] for the storage of an agricultural commodity that is--

(A) produced during that crop year, or any of the four succeeding crop years, by such person; and

(B) acquired by the Commodity Credit Corporation.

(c) Not later than 180 days after the date of enactment of this Act [enacted Dec. 23, 1985], the Secretary shall issue such regulations as the Secretary determines are necessary to carry out this section, including regulations that--

(1) define the term "person";

(2) govern the determination of persons who shall be ineligible for program benefits under this section; and

(3) protect the interests of tenants and sharecroppers.

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TITLE 21. FOOD AND DRUGS

CHAPTER 13. DRUG ABUSE PREVENTION AND CONTROL

OFFENSES AND PENALTIES

21 USCS Section 901 (1996)

Section 901. Severability of provisions

If a provision of this Act is held invalid, all valid provisions that are severable shall remain in effect. If a provision of this Act is held invalid in one or more of its applications, the provision shall remain in effect in all its valid applications that are severable.

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TITLE 21. FOOD AND DRUGS

CHAPTER 13. DRUG ABUSE PREVENTION AND CONTROL

OFFENSES AND PENALTIES

21 USCS Section 902 (1996)

Section 902. Saving provisions

Nothing in this Act, except this part and, to the extent of any inconsistency, sections 307(e) and 309 of this title [21 USCS Sections 827(e), 829], shall be construed as in any way affecting, modifying, repealing, or superseding the provisions of the Federal Food, Drug, and Cosmetic Act [21 USCS Sections 301 et seq.].

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TITLE 21. FOOD AND DRUGS

CHAPTER 13. DRUG ABUSE PREVENTION AND CONTROL

OFFENSES AND PENALTIES

21 USCS Section 903 (1996)

Section 903. Application of State law

No provision of this title shall be construed as indicating an intent on the part of the Congress to occupy the field in which that provision operates, including criminal penalties, to the exclusion of any State law on the same subject matter which would otherwise be within the authority of the State, unless there is a positive conflict between that provision of this title and that State law so that the two cannot consistently stand together.

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TITLE 21. FOOD AND DRUGS

CHAPTER 13. DRUG ABUSE PREVENTION AND CONTROL

OFFENSES AND PENALTIES

21 USCS Section 904 (1996)

Section 904. Payment of tort claims

Notwithstanding section 2680(k) of title 28, United States Code [28 USCS Section 2680(k)], the Attorney General, in carrying out the functions of the Department of Justice under this title, is authorized to pay tort claims in the manner authorized by section 2672 of title 28, United States Code [28 USCS Section 2672], when such claims arise in a foreign country in connection with the operations of the Drug Enforcement Administration abroad.

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TITLE 21. FOOD AND DRUGS

CHAPTER 13. DRUG ABUSE PREVENTION AND CONTROL

OFFENSES AND PENALTIES

21 USCS Section 951 (1996)

Preceding Section 951.

HISTORY; ANCILLARY LAWS AND DIRECTIVES

EXPLANATORY NOTES:

This subchapter is composed of Part A of Title III of Act Oct. 27, 1970, P.L. 91-513, 84 Stat. 1285. Part B of such Title III of such Act amends, repeals and provides transitional matter generally classified elsewhere; for full classification, consult USCS Tables volumes.

NOTES:

CROSS REFERENCES

This subchapter is referred to in 10 USCS Section 374; 21 USCS Sections 381, 824, 828, 830, 841--844, 848--850, 881' 42 USCS Section 242.

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TITLE 21. FOOD AND DRUGS

CHAPTER 13. DRUG ABUSE PREVENTION AND CONTROL

OFFENSES AND PENALTIES

21 USCS Section 951 (1996)

Section 951. Definitions

(a) For purposes of this part [21 USCS Sections 951 et seq.]--

(1) The term "import" means, with respect to any article, any bringing in or introduction of such article into any area (whether or not such bringing in or introduction constitutes an importation within the meaning of the tariff laws of the United States).

(2) The term "customs territory of the United States" has the meaning assigned to such term by general note 2 of the Harmonized Tariff Schedule of the United States (19 U.S.C. 1202).

(b) Each term defined in section 102 of title II [21 USCS Section 802] shall have the same meaning for purposes of this title as such term has for purposes of title II.

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TITLE 21. FOOD AND DRUGS

CHAPTER 13. DRUG ABUSE PREVENTION AND CONTROL

OFFENSES AND PENALTIES

21 USCS Section 952 (1996)

Section 952. Importation of controlled substances

(a) Controlled substances in schedule I or II and narcotic drugs in schedule III, IV, or V; exceptions. It shall be unlawful to import into the customs territory of the United States from any place outside thereof (but within the United States), or to import into the United States from any place outside thereof, any controlled substance in schedule I or II of title II, or any narcotic drug in schedule III, IV, or V of title II, except that--

(1) such amounts of crude opium, poppy straw, concentrate of poppy straw, and coca leaves as the Attorney General finds to be necessary to provide for medical, scientific, or other legitimate purposes, and

(2) such amounts of any controlled substance in schedule I or II or any narcotic drug in schedule III, IV, or V that the Attorney General finds to be necessary to provide for the medical, scientific, or other legitimate needs of the United States--

(A) during an emergency in which domestic supplies of such substance or drug are found by the Attorney General to be inadequate,

(B) in any case in which the Attorney General finds that competition among domestic manufacturers of the controlled substance is inadequate and will not be rendered adequate by the registration of additional manufacturers under section 303 [21 USCS Section 823], or

(C) in any case in which the Attorney General finds that such controlled substance is in limited quantities exclusively for scientific, analytical, or research uses,

may be so imported under such regulations as the Attorney General shall prescribe. No crude opium may be so imported for the purpose of manufacturing heroin or smoking opium.

(b) Nonnarcotic controlled substances in schedule III, IV, or V. It shall be unlawful to import into the customs territory of the United States from any place outside thereof (but within the United States), or to import into the United States from any place outside thereof, any nonnarcotic controlled substance in schedule III, IV, or V, unless such nonnarcotic controlled substance--

(1) is imported for medical, scientific, or other legitimate uses, and

(2) is imported pursuant to such notification, or declaration, or in the case of any nonnarcotic controlled substance in schedule III, such import permit, notification, or declaration, as the Attorney General may by regulation prescribe, except that if a nonnarcotic controlled substance in schedule IV or V is also listed in schedule I or II of the Convention on Psychotropic Substances it shall be imported pursuant to such import permit requirements, prescribed by regulation of the Attorney General, as are required by the Convention.

(c) Coca leaves. In addition to the amount of coca leaves authorized to be imported into the United States under subsection (a), the Attorney General may permit the importation of additional amounts of coca leaves. All cocaine and ecgonine (and all salts, derivatives, and preparations from which cocaine or ecgonine may be synthesized or made) contained in such additional amounts of coca leaves imported under this subsection shall be destroyed under the supervision of an authorized representative of the Attorney General.

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TITLE 21. FOOD AND DRUGS

CHAPTER 13. DRUG ABUSE PREVENTION AND CONTROL

OFFENSES AND PENALTIES

21 USCS Section 953 (1996)

Section 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 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), 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) 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), 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.

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TITLE 21. FOOD AND DRUGS

CHAPTER 13. DRUG ABUSE PREVENTION AND CONTROL

OFFENSES AND PENALTIES

21 USCS Section 954 (1996)

Section 954. Transshipment and in-transit shipment of controlled substances

Notwithstanding sections 1002, 1003, and 1007 [21 USCS Sections 952, 953, 957]--

(1) A controlled substance in schedule I may--

(A) be imported into the United States for transshipment to another country, or

(B) be transferred or transshipped from one vessel, vehicle, or aircraft to another vessel, vehicle, or aircraft within the United States for immediate exportation,

if and only if it is so imported, transferred, or transshipped (i) for scientific, medical, or other legitimate purposes in the country of destination, and (ii) with the prior written approval of the Attorney General (which shall be granted or denied within 21 days of the request).

(2) A controlled substance in schedule II, III, or IV may be so imported, transferred, or transshipped if and only if advance notice is given to the Attorney General in accordance with regulations of the Attorney General.

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TITLE 21. FOOD AND DRUGS

CHAPTER 13. DRUG ABUSE PREVENTION AND CONTROL

OFFENSES AND PENALTIES

21 USCS Section 955 (1996)

Section 955. Possession on board vessels, etc., arriving in or departing from United States

It shall be unlawful for any person to bring or possess on board any vessel or aircraft, or on board any vehicle of a carrier, arriving in or departing from the United States or the customs territory of the United States, a controlled substance in schedule I or II or a narcotic drug in schedule III or IV, unless such substance or drug is a part of the cargo entered in the manifest or part of the official supplies of the vessel, aircraft, or vehicle.

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TITLE 21. FOOD AND DRUGS

CHAPTER 13. DRUG ABUSE PREVENTION AND CONTROL

OFFENSES AND PENALTIES

21 USCS Section 955a-955d (1996)

Sections 955a-955d. [Transferred]

HISTORY; ANCILLARY LAWS AND DIRECTIVES

These sections (Act Sept. 15, 1980, P.L. 96-350, Sections 1--4[3], 94 Stat. 1159, 1160) were transferred and now appear as 46 USCS Appx. Sections 1901--1904.

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TITLE 21. FOOD AND DRUGS

CHAPTER 13. DRUG ABUSE PREVENTION AND CONTROL

OFFENSES AND PENALTIES

21 USCS Section 956 (1996)

Section 956. Exemption authority

(a) Individual possessing controlled substance. The Attorney General may by regulation exempt from sections 1002(a) and (b), 1003, 1004, and 1005 [21 USCS Sections 952(a), (b), 953--955] any individual who has a controlled substance (except a substance in schedule I) in his possession for his personal medical use, or for administration to any animal accompanying him, if he lawfully obtained such substance and he makes such declaration (or gives such other notification) as the Attorney General may by regulation require.

(b) Compound, mixture, or preparation. The Attorney General may by regulation except any compound, mixture, or preparation containing any depressant or stimulant substance listed in paragraph (a) or (b) of schedule III or in schedule IV or V from the application of all or any part of this title if (1) the compound, mixture, or preparation contains one or more active medicinal ingredients not having a depressant or stimulant effect on the central nervous system, and (2) such ingredients are included therein in such combinations, quantity, proportion, or concentration as to vitiate the potential for abuse of the substances which do have a depressant or stimulant effect on the central nervous system.

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TITLE 21. FOOD AND DRUGS

CHAPTER 13. DRUG ABUSE PREVENTION AND CONTROL

OFFENSES AND PENALTIES

21 USCS Section 957 (1996)

Section 957. Persons required to register

(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 1008 [21 USCS Section 958], or unless such person is exempt from registration under subsection (b).

(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 1008 [21 USCS Section 958] 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 102(25) [21 USCS Section 802(25)] and in conformity with an exemption granted under section 1006(a) [21 USCS Section 956(a)].

(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.

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TITLE 21. FOOD AND DRUGS

CHAPTER 13. DRUG ABUSE PREVENTION AND CONTROL

OFFENSES AND PENALTIES

21 USCS Section 958 (1996)

Section 958. Registration requirements

(a) Applicants to import or export controlled substances in schedule I or II. The Attorney General shall register an applicant to import or export a controlled substance in schedule I or II if he determines that such registration is consistent with the public interest and with United States obligations under international treaties, conventions, or protocols in effect on the effective date of this section. In determining the public interest, the factors enumerated in paragraphs (1) through (6) of section 303(a) [21 USCS Section 823(a)(1)--(6)] shall be considered.

(b) Activity limited to specified substances. Registration granted under this section shall not entitle a registrant to import or export controlled substances other than specified in the registration.

(c) Applicants to import controlled substances in schedule III, IV, or V or to export controlled substances in schedule III or IV.

(1) The Attorney General shall register an applicant to import a controlled substance in schedule III, IV, or V or to export a controlled substance in schedule III or IV, unless he determines that the issuance of such registration is inconsistent with the public interest. In determining the public interest, the factors enumerated in paragraphs (1) through (6) of section 303(d) [21 USCS Section 823(d)(1)--(6)] shall be considered.

(2)

(A) The Attorney General shall register an applicant to import or export a list I chemical unless the Attorney General determines that registration of the applicant is inconsistent with the public interest. Registration under this subsection shall not be required for the import or export of a drug product that is exempted under section 102(39)(A)(iv) [21 USCS Section 802(39)(A)(iv)].

(B) In determining the public interest for the purposes of subparagraph (A), the Attorney General shall consider the factors specified in section 303(h) [21 USCS Section 823(h)].

(d) Denial of application; revocation or suspension of registration.

(1) The Attorney General may deny an application for registration under subsection (a) if he is unable to determine that such registration is consistent with the public interest (as defined in subsection (a)) and with the United States obligations under international treaties, conventions, or protocols in effect on the effective date of this part.

(2) The Attorney General may deny an application for registration under subsection (c), or revoke or suspend a registration under subsection (a) or (c), if he determines that such registration is inconsistent with the public interest (as defined in subsection (a) or (c)) or with the United States obligations under international treaties, conventions, or protocols in effect on the effective date of this part.

(3) The Attorney General may limit the revocation or suspension of a registration to the particular controlled substance, or substances, or list I chemical or chemicals, with respect to which grounds for revocation or suspension exist.

(4) Before taking action pursuant to this subsection, the Attorney General shall serve upon the applicant or registrant an order to show cause as to why the registration should not be denied, revoked, or suspended. The order to show cause shall contain a statement of the basis thereof and shall call upon the applicant or registrant to appear before the Attorney General, or his designee, at a time and place stated in the order, but in no event less than thirty days after the date of receipt of the order. Proceedings to deny, revoke, or suspend shall be conducted pursuant to this subsection in accordance with subchapter II of chapter 5 of title 5 of the United States Code [5 USCS Sections 551 et seq.]. Such proceedings shall be independent of, and not in lieu of, criminal prosecutions or other proceedings under this title or any other law of the United States.

(5) The Attorney General may, in his discretion, suspend any registration simultaneously with the institution of proceedings under this subsection, in cases where he finds that there is an imminent danger to the public health and safety. Such suspension shall continue in effect until the conclusion of such proceedings, including judicial review thereof, unless sooner withdrawn by the Attorney General or dissolved by a court of competent jurisdiction.

(6) In the event that the Attorney General suspends or revokes a registration granted under this section, all controlled substances or list I chemicals owned or possessed by the registrant pursuant to such registration at the time of suspension or the effective date of the revocation order, as the case may be, may, in the discretion of the Attorney General, be seized or placed under seal. No disposition may be made of any controlled substances or list I chemicals under seal until the time for taking an appeal has elapsed or until all appeals have been concluded, except that a court, upon application therefor, may at any time order the sale of perishable controlled substances or list I chemicals. Any such order shall require the deposit of the proceeds of the sale with the court. Upon a revocation order becoming final, all such controlled substances or list I chemicals (or proceeds of the sale thereof which have been deposited with the court) shall be forfeited to the United States; and the Attorney General shall dispose of such controlled substances or list I chemicals in accordance with section 511(e) of the Controlled Substances Act [21 USCS Section 881(e)].

(e) Registration period. No registration shall be issued under this part [21 USCS Sections 951 et seq.] for a period in excess of one year. Unless the regulations of the Attorney General otherwise provide, sections 302(f), 305, 307, and 310 [21 USCS Sections 822(f), 825, 827, and 830] shall apply to persons registered under this section to the same extent such sections apply to persons registered under section 303 [21 USCS Section 823].

(f) Rules and regulations. The Attorney General is authorized to promulgate rules and regulations and to charge reasonable fees relating to the registration of importers and exporters of controlled substances or list I chemicals under this section.

(g) Scope of authorized activity. Persons registered by the Attorney General under this section to import or export controlled substances or list I chemicals may import or export (and, for the purpose of so importing or exporting, may possess) such substances to the extent authorized by their registration and in conformity with the other provisions of this title and title II.

(h) Separate registrations for each principal place of business. A separate registration shall be required at each principal place of business where the applicant imports or exports controlled substances or list I chemicals.

(i) Emergency situations. Except in emergency situations as described in section 1002(a)(2)(A) [21 USCS Section 952(a)(2)(A)], prior to issuing a registration under this section to a bulk manufacturer of a controlled substance in schedule I or II, and prior to issuing a regulation under section 1002(a) [21 USCS Section 952(a)] authorizing the importation of such a substance, the Attorney General shall give manufacturers holding registrations for the bulk manufacture of the substance an opportunity for a hearing.

UNITED STATES CODE SERVICE

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TITLE 21. FOOD AND DRUGS

CHAPTER 13. DRUG ABUSE PREVENTION AND CONTROL

OFFENSES AND PENALTIES

21 USCS Section 959 (1996)

Section 959. Possession, manufacture or distribution for purposes of unlawful importation

(a) It shall be unlawful for any person to manufacture or distribute a controlled substance in schedule I or II--

(1) intending that such substance be unlawfully imported into the United States or into waters within a distance of 12 miles of the coast of the United States; or

(2) knowing that such substance will be unlawfully imported into the United States or into waters within a distance of 12 miles of the coast of the United States.

(b) It shall be unlawful for any United States citizen on board any aircraft, or any person on board an aircraft owned by a United States citizen or registered in the United States, to--

(1) manufacture or distribute a controlled substance; or

(2) possess a controlled substance with intent to distribute.

(c) This section is intended to reach acts of manufacture or distribution committed outside the territorial jurisdiction of the United States. Any person who violates this section shall be tried in the United States district court at the point of entry where such person enters the United States, or in the United States District Court for the District of Columbia.

UNITED STATES CODE SERVICE

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TITLE 21. FOOD AND DRUGS

CHAPTER 13. DRUG ABUSE PREVENTION AND CONTROL

OFFENSES AND PENALTIES

21 USCS Section 960 (1996)

Section 960. Prohibited acts A

(a) Unlawful acts. Any person who--

(1) contrary to section 1002, 1003, or 1007 [21 USCS Sections 952, 953, 957], knowingly or intentionally imports or exports a controlled substance,

(2) contrary to section 1005 [21 USCS Section 955], knowingly or intentionally brings or possesses on board a vessel, aircraft, or vehicle a controlled substance, or

(3) contrary to section 1009 [21 USCS Section 959], manufactures, possesses with intent to distribute, or distributes a controlled substance,

shall be punished as provided in subsection (b).

(b) Penalties.

(1) In the case of a violation of subsection (a) of this section involving--

(A) 1 kilogram or more of a mixture or substance containing a detectable amount of heroin;

B) 5 kilograms or more of a mixture or substance containing a detectable amount of--

(i) coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed;

(ii) cocaine, its salts, optical and geometric isomers, and salts or isomers;

(iii) ecgonine, its derivatives, their salts, isomers, and salts of isomers; or

(iv) any compound, mixture, or preparation which contains any quantity of any of the substances referred to in clauses (i) through (iii);

(C) 50 grams or more of a mixture or substance described in subparagraph (B) which contains cocaine base;

(D) 100 grams or more of phencyclidine (PCP) or 1 kilogram or more of a mixture or substance containing a detectable amount of phencyclidine (PCP);

(E) 10 grams or more of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD);

(F) 400 grams or more of a mixture or substance containing a detectable amount of N-phenyl-N- [1-(2-phenylethyl)-4-piperidinyl] propanamide or 100 grams or more of a mixture or substance containing a detectable amount of any analogue of N-phenyl-N [1-(2-phenylethyl)-4-piperidinyl] propanamide;

(G) 1000 kilograms or more of a mixture or substance containing a detectable amount of marihuana; or

(H) 100 grams or more of methamphetamine, its salts, isomers, and salts of its isomers or 1 kilogram or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers.

the person committing such violation shall be sentenced to a term of imprisonment of not less than 10 years and not more than life and if death or serious bodily injury results from the use of such substance shall be sentenced to a term of imprisonment of not less than 20 years and not more than life, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18, United States Code, or $ 4,000,000 if the defendant is an individual or $ 10,000,000 if the defendant is other than an individual, or both. If any person commits such a violation after a prior conviction for a felony drug offense has become final, such person shall be sentenced to a term of imprisonment of not less than 20 years and not more than life imprisonment and if death or serious bodily injury results from the use of such substance shall be sentenced to life imprisonment, a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18, United States Code, or $ 8,000,000 if the defendant is an individual or $ 20,000,000 if the defendant is other than an individual, or both. Any sentence under this paragraph shall, in the absence of such a prior conviction, impose a term of supervised release of at least 5 years in addition to such term of imprisonment and shall, if there was such a prior conviction, impose a term of supervised release of at least 10 years in addition to such term of imprisonment. Notwithstanding any other provision of law, the court shall not place on probation or suspend the sentence of any person sentenced under this paragraph. No person sentenced under this paragraph shall be eligible for parole during the term of imprisonment imposed therein.

(2) In the case of a violation of subsection (a) of this section involving--

(A) 100 grams or more of a mixture or substance containing a detectable amount of heroin;

(B) 500 grams or more of a mixture or substance containing a detectable amount of--

(i) coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed;

(ii) cocaine, its salts, optical and geometric isomers, and salts or isomers;

(iii) ecgonine, its derivatives, their salts, isomers, and salts of isomers; or

(iv) any compound, mixture, or preparation which contains any quantity of any of the substances referred to in clauses (i) through (iii);

(C) 5 grams or more of a mixture or substance described in subparagraph (B) which contains cocaine base;

(D) 10 grams or more of phencyclidine (PCP) or 100 grams or more of a mixture or substance containing a detectable amount of phencyclidine (PCP);

(E) 1 gram or more of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD);

(F) 40 grams or more of a mixture or substance containing a detectable amount of N-phenyl-N- [1-(2-phenylethyl)-4-piperidinyl] propanamide or 10 grams or more of a mixture or substance containing a detectable amount of any analogue of N-phenyl-N- [1-(2-phenylethyl)-4-piperidinyl] propanamide;

(G) 100 kilograms or more of a mixture or substance containing a detectable amount of marihuana; or

(H) 10 grams or more of methamphetamine, its salts, isomers, and salts of its isomers or 100 grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers.

the person committing such violation shall be sentenced to a term of imprisonment of not less than 5 years and not more than 40 years and if death or serious bodily injury results from the use of such substance shall be sentenced to a term of imprisonment of not less than twenty years and not more than life, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18, United States Code, or $ 2,000,000 if the defendant is an individual or $ 5,000,000 if the defendant is other than an individual, or both. If any person commits such a violation after a prior conviction for a felony drug offense has become final, such person shall be sentenced to a term of imprisonment of not less than 10 years and not more than life imprisonment and if death or serious bodily injury results from the use of such substance shall be sentenced to life imprisonment, a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18, United States Code, or $ 4,000,000 if the defendant is an individual or $ 10,000,000 if the defendant is other than an individual, or both. Any sentence imposed under this paragraph shall, in the absence of such a prior conviction, include a term of supervised release of at least 4 years in addition to such term of imprisonment and shall, if there was such a prior conviction, include a term of supervised release of at least 8 years in addition to such term of imprisonment. Notwithstanding any other provision of law, the court shall not place on probation or suspend the sentence of any person sentenced under this paragraph. No person sentenced under this paragraph shall be eligible for parole during the term of imprisonment imposed therein.

(3) In the case of a violation under subsection (a) of this section involving a controlled substance in schedule I or II, the person committing such violation shall, except as provided in paragraphs (1), (2), and (4), be sentenced to a term of imprisonment of not more than 20 years and if death or serious bodily injury results from the use of such substance shall be sentenced to a term of imprisonment of not less than twenty years and not more than life, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18, United States Code, or $ 1,000,000 if the defendant is an individual or $ 5,000,000 if the defendant is other than an individual, or both. If any person commits such a violation after a prior conviction for a felony drug offense has become final, such person shall be sentenced to a term of imprisonment of not more than 30 years and if death or serious bodily injury results from the use of such substance shall be sentenced to life imprisonment, a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18, United States Code, or $ 2,000,000 if the defendant is an individual or $ 10,000,000 if the defendant is other than an individual, or both. Any sentence imposing a term of imprisonment under this paragraph shall, in the absence of such a prior conviction, impose a term of supervised release of at least 3 years in addition to such term of imprisonment and shall, if there was such a prior conviction, impose a term of supervised release of at least 6 years in addition to such term of imprisonment. Notwithstanding the prior sentence, and notwithstanding any other provision of law, the court shall not place on probation or suspend the sentence of any person sentenced under the provisions of this paragraph which provide for a mandatory term of imprisonment if death or serious bodily injury results, nor shall a person so sentenced be eligible for parole during the term of such a sentence.

(4) In the case of a violation under subsection (a) with respect to less than 50 kilograms of marihuana, except in the case of 10 or more marihuana plants regardless of weight, less than 10 kilograms of hashish, less than one kilogram of hashish oil, or any quantity of a controlled substance in schedule III, IV, or V, the person committing such violation shall be imprisoned not more than five years, or be fined not to exceed the greater of that authorized in accordance with the provisions of title 18, United States Code, or $ 250,000 if the defendant is an individual or $ 1,000,000 if the defendant is other than an individual, or both. If a sentence under this paragraph provides for imprisonment, the sentence shall, in addition to such term of imprisonment, include (A) a term of supervised release of not less than two years if such controlled substance is in schedule I, II, III, or (B) a special parole term of not less than one year if such controlled substance is in schedule IV.

(d) Penalty for importation or exportation. A person who knowingly or intentionally--

(1) imports or exports a listed chemical with intent to manufacture a controlled substance in violation of this title or title II;

(2) exports a listed chemical in violation of the laws of the country to which the chemical is exported or serves as a broker or trader for an international transaction involving a listed chemical, if the transaction is in violation of the laws of the country to which the chemical is exported;

(3) imports or exports a listed chemical knowing, or having reasonable cause to believe, that the chemical will be used to manufacture a controlled substance in violation of this title or title II;

(4) exports a listed chemical, or serves as a broker or trader for an international transaction involving a listed chemical, knowing, or having reasonable cause to believe, that the chemical will be used to manufacture a controlled substance in violation of the laws of the country to which the chemical is exported;

(5) imports or exports a listed chemical, with the intent to evade the reporting or recordkeeping requirements of section 1018 [21 USCS Section 971] applicable to such importation or exportation by falsely representing to the Attorney General that the importation or exportation qualifies for a waiver of the 15-day notification requirement granted pursuant to section 1018(e) (2) or (3) [21 USCS Section 971(e)(2) or (3)] by misrepresenting the actual country of final destination of the listed chemical or the actual listed chemical being imported or exported; or

(6) imports or exports a listed chemical in violation of section 1007 or 1018 [21 USCS Section 957 or 971],

shall be fined in accordance with title 18, imprisoned not more than 10 years, or both.

UNITED STATES CODE SERVICE

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TITLE 21. FOOD AND DRUGS

CHAPTER 13. DRUG ABUSE PREVENTION AND CONTROL

OFFENSES AND PENALTIES

21 USCS Section 961 (1996)

Section 961. Prohibited acts B

Any person who violated section 1004 [21 USCS Section 954] or fails to notify the Attorney General of an importation or exportation under section 1018 [21 USCS Section 971] shall be subject to the following penalties:

(1) Except as provided in paragraph (2), any such person shall, with respect to any such violation, be subject to a civil penalty of not more than $ 25,000. Sections 402(c)(1) and (c)(3) [21 USCS Section 842(c)(1), (3)] shall apply to any civil penalty assessed under this paragraph.

(2) If such a violation is prosecuted by an information or indictment which alleges that the violation was committed knowingly or intentionally and the trier of fact specifically finds that the violation was so committed, such person shall be sentenced to imprisonment for not more than one year or a fine of not more than $ 25,000 or both.

UNITED STATES CODE SERVICE

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TITLE 21. FOOD AND DRUGS

CHAPTER 13. DRUG ABUSE PREVENTION AND CONTROL

OFFENSES AND PENALTIES

21 USCS Section 962 (1996)

Section 962. Second or subsequent offenses

(a) Term of imprisonment and fine. Any person convicted of any offense under this part [21 USCS Sections 951 et seq.] is, if the offense is a second or subsequent offense, punishable by a term of imprisonment twice that otherwise authorized, by twice the fine otherwise authorized, or by both. If the conviction is for an offense punishable under section 1010(b) [21 USCS Section 960(b)], and if it is the offender's second or subsequent offense, the court shall impose, in addition to any term of imprisonment and fine, twice the term of supervised release otherwise authorized.

(b) Determination of status. For purposes of this section, a person shall be considered convicted of a second or subsequent offense if, prior to the commission of such offense, one or more prior convictions of such person for a felony drug offense have become final.

(c) Procedures applicable. Section 411 [21 USCS Section 851] shall apply with respect to any proceeding to sentence a person under this section.

UNITED STATES CODE SERVICE

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TITLE 21. FOOD AND DRUGS

CHAPTER 13. DRUG ABUSE PREVENTION AND CONTROL

OFFENSES AND PENALTIES

21 USCS Section 963 (1996)

Section 963. Attempt and conspiracy

Any person who attempts or conspires to commit any offense defined in this title shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy.

UNITED STATES CODE SERVICE

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TITLE 21. FOOD AND DRUGS

CHAPTER 13. DRUG ABUSE PREVENTION AND CONTROL

OFFENSES AND PENALTIES

21 USCS Section 964 (1996)

Section 964. Additional penalties

Any penalty imposed for violation of this title shall be in addition to, and not in lieu of, any civil or administrative penalty or sanction authorized by law.

UNITED STATES CODE SERVICE

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TITLE 21. FOOD AND DRUGS

CHAPTER 13. DRUG ABUSE PREVENTION AND CONTROL

OFFENSES AND PENALTIES

21 USCS Section 965 (1996)

Section 965. Applicability of Sections 871 et seq.

Part E of title II [21 USCS Sections 871 et seq.] shall apply with respect to functions of the Attorney General (and of officers and employees of the Bureau of Narcotics and Dangerous Drugs) under this title, to administrative and judicial proceedings under this title, and to violations of this title, to the same extent that such part [21 USCS Sections 871 et seq.] applies to functions of the Attorney General (and such officers and employees) under title II, to such proceedings under title II, and to violations of title II. For purposes of the application of this section to section 510 or 511 [21 USCS Sections 880, 881], any reference in such section 510 or 511 [21 USCS Sections 880, 881] to "this title" shall be deemed to be a reference to title III, any reference to section 303 [21 USCS Section 823] shall be deemed to be a reference to section 1008 [21 USCS Section 958], and any reference to section 302(d) [21 USCS Section 822(d)] shall be deemed to be a reference to section 1007(b)(2) [21 USCS Section 957(b)(2)].

UNITED STATES CODE SERVICE

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TITLE 21. FOOD AND DRUGS

CHAPTER 13. DRUG ABUSE PREVENTION AND CONTROL

OFFENSES AND PENALTIES

21 USCS Section 966 (1996)

Section 966. Authority of Secretary of Treasury

Nothing in this Act shall derogate from the authority of the Secretary of the Treasury under the customs and related laws.

UNITED STATES CODE SERVICE

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TITLE 21. FOOD AND DRUGS

CHAPTER 13. DRUG ABUSE PREVENTION AND CONTROL

OFFENSES AND PENALTIES

21 USCS Section 967 (1996)

Section 967. Smuggling of controlled substances; investigations; oaths; subpoenas; witnesses; evidence; production of records; territorial limits; fees and mileage of witnesses

For the purpose of any investigation which, in the opinion of the Secretary of the Treasury, is necessary and proper to the enforcement of section 545 of title 18 of the United States Code [18 USCS Section 545] (relating to smuggling goods into the United States) with respect to any controlled substance (as defined in section 102 of the Controlled Substances Act [21 USCS Section 802]), the Secretary of the Treasury may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of records (including books, papers, documents, and tangible things which constitute or contain evidence) relevant or material to the investigation. The attendance of witnesses and the production of records may be required from any place within the customs territory of the United States, except that a witness shall not be required to appear at any hearing distant more then 100 miles from the place where he was served with subpoena. Witnesses summoned by the Secretary shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. Oaths and affirmations may be made at any place subject to the jurisdiction of the United States.

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TITLE 21. FOOD AND DRUGS

CHAPTER 13. DRUG ABUSE PREVENTION AND CONTROL

OFFENSES AND PENALTIES

21 USCS Section 968 (1996)

Section 968. Service of subpoena; proof of service

A subpoena of the Secretary of the Treasury may be served by any person designated in the subpoena to serve it. Service upon a natural person may be made by personal delivery of the subpoena to him. Service may be made upon a domestic or foreign corporation or upon a partnership or other unincorporated association which is subject to suit under a common name, by delivering the subpoena to an officer, a managing or general agent, or to any other agent authorized by appointment or by law to receive service of process. The affidavit of the person serving the subpoena entered on a true copy thereof by the person serving it shall be proof of service.

UNITED STATES CODE SERVICE

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TITLE 21. FOOD AND DRUGS

CHAPTER 13. DRUG ABUSE PREVENTION AND CONTROL

OFFENSES AND PENALTIES

21 USCS Section 969 (1996)

Section 969. Contempt proceedings

In case of contumacy by, or refusal to obey a subpoena issued to, any person, the Secretary of the Treasury may invoke the aid of any court of the United States within the jurisdiction of which the investigation is carried on or of which the subpenaed person is an inhabitant, carries on business or may be found, to compel compliance with the subpoena of the Secretary of the Treasury. The court may issue an order requiring the subpenaed person to appear before the Secretary of the Treasury there to produce records, if so ordered, or to give testimony touching the matter under investigation. Any failure to obey the order of the court may be punished by the court as a contempt thereof. All process in any such case may be served in the judicial district whereof the subpenaed person is an inhabitant or wherever he may be found.

UNITED STATES CODE SERVICE

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TITLE 21. FOOD AND DRUGS

CHAPTER 13. DRUG ABUSE PREVENTION AND CONTROL

OFFENSES AND PENALTIES

21 USCS Section 970 (1996)

Section 970. Criminal forfeitures

Section 413 of title II [19 USCS Section 853], relating to criminal forfeitures, shall apply in every respect to a violation of this title punishable by imprisonment for more than one year.

UNITED STATES CODE SERVICE

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TITLE 21. FOOD AND DRUGS

CHAPTER 13. DRUG ABUSE PREVENTION AND CONTROL

OFFENSES AND PENALTIES

21 USCS Section 971 (1996)

Section 971. Notification, suspension of shipment, and penalties with respect to importation and exportation of listed chemicals

(a) 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)

(1) The Attorney General shall provide by regulation for circumstances in which the requirement of subsection (a) 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) 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)

(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) does not apply by reason of subsection (b)) 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, United States Code [5 USCS Sections 551 et seq.]. 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) 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 title and title II.

(e)

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