Assyro AI

Title 21 USC reference

Explore the full hierarchy of this title across chapters, subchapters, and parts.

Select a part from the tree to begin

Browse chapters and parts on the left to load sections

United States • Title 21 USC • Part 28

Part 28SANCTIONS WITH RESPECT TO FOREIGN TRAFFICKERS OF ILLICIT SYNTHETIC OPIOIDS

This chapter outlines sanctions against foreign opioid traffickers, including identification, reporting requirements, and the types of sanctions that can be imposed. It mandates the President to identify foreign persons involved in opioid trafficking and to impose specific sanctions on them and entities controlled by them. Reporting to Congress on efforts to combat foreign opioid trafficking is also required.

What this part covers

  • The President must identify foreign persons involved in opioid trafficking.
  • Sanctions are to be imposed on identified foreign opioid traffickers and entities controlled by them.
  • Specific numbers of sanctions are required for entities (five or more) and individuals (four or more).
  • The President must submit public and classified reports to Congress detailing identified traffickers, progress in implementation, and strategies for combating trafficking.
  • Cooperative efforts with other countries to combat foreign opioid trafficking are to be reported.
  • Procedures for waivers and judicial review of classified information are outlined.
  • Regulations are to be issued to carry out the chapter's provisions, including guidance on 'opioid trafficking'.

Sections in Part 28

§ 2301

Sense of Congress

U.S.C. Title 21 - FOOD AND DRUGS 21 U.S.C. United States Code, 2023 Edition Title 21 - FOOD AND DRUGS CHAPTER 28 - SANCTIONS WITH RESPECT TO FOREIGN TRAFFICKERS OF ILLICIT SYNTHETIC OPIOIDS Sec. 2301 - Sense of Congress From the U.S. Government Publishing Office, www.gpo.gov §2301. Sense of Congress It is the sense of Congress that— (1) the United States should apply economic and other financial sanctions to foreign traffickers of illicit opioids to protect the national security, foreign policy, and economy of the United States and the health of the people of the United States; (2) it is imperative that the People's Republic of China follow through on full implementation of the new regulations, adopted May 1, 2019, to treat all fentanyl analogues as controlled substances under the laws of the People's Republic of China, including by devoting sufficient resources for implementation and strict enforcement of the new regulations; and (3) the effective enforcement of the new regulations should result in diminished trafficking of illicit fentanyl originating from the People's Republic of China into the United States. (Pub. L. 116–92, div. F, title LXXII, §7202,…

§ 2302

Definitions

U.S.C. Title 21 - FOOD AND DRUGS 21 U.S.C. United States Code, 2023 Edition Title 21 - FOOD AND DRUGS CHAPTER 28 - SANCTIONS WITH RESPECT TO FOREIGN TRAFFICKERS OF ILLICIT SYNTHETIC OPIOIDS Sec. 2302 - Definitions From the U.S. Government Publishing Office, www.gpo.gov §2302. Definitions In this chapter: (1) Alien; national; national of the United States The terms "alien", "national", and "national of the United States" have the meanings given those terms in section 1101 of title 8. (2) Appropriate congressional committees and leadership The term "appropriate congressional committees and leadership" means— (A) the Committee on Appropriations, the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, the Select Committee on Intelligence, and the majority leader and the minority leader of the Senate; and (B) the Committee on Appropriations, the Committee on Armed Services, the Committee on Financial Services, the Committee on Foreign Affairs, the Committee on Homeland Security, the Committee on the Judiciary, the…

§ 2311

Identification of foreign opioid traffickers

U.S.C. Title 21 - FOOD AND DRUGS 21 U.S.C. United States Code, 2023 Edition Title 21 - FOOD AND DRUGS CHAPTER 28 - SANCTIONS WITH RESPECT TO FOREIGN TRAFFICKERS OF ILLICIT SYNTHETIC OPIOIDS SUBCHAPTER I - SANCTIONS WITH RESPECT TO FOREIGN OPIOID TRAFFICKERS Sec. 2311 - Identification of foreign opioid traffickers From the U.S. Government Publishing Office, www.gpo.gov §2311. Identification of foreign opioid traffickers (a) Public report (1) In general The President shall submit to the appropriate congressional committees and leadership, in accordance with subsection (c), a report— (A) identifying the foreign persons that the President determines are foreign opioid traffickers; (B) detailing progress the President has made in implementing this subchapter; and (C) providing an update on cooperative efforts with the governments of Mexico, the People's Republic of China, and other countries of concern with respect to combating foreign opioid traffickers. (2) Identification of additional persons If, at any time after submitting a report required by paragraph (1) and before the submission of the next such report, the President determines that a foreign person not identified…

§ 2312

Imposition of sanctions

U.S.C. Title 21 - FOOD AND DRUGS 21 U.S.C. United States Code, 2023 Edition Title 21 - FOOD AND DRUGS CHAPTER 28 - SANCTIONS WITH RESPECT TO FOREIGN TRAFFICKERS OF ILLICIT SYNTHETIC OPIOIDS SUBCHAPTER I - SANCTIONS WITH RESPECT TO FOREIGN OPIOID TRAFFICKERS Sec. 2312 - Imposition of sanctions From the U.S. Government Publishing Office, www.gpo.gov §2312. Imposition of sanctions The President shall impose five or more of the sanctions described in section 2313 of this title with respect to each foreign person that is an entity, and four or more of such sanctions with respect to each foreign person that is an individual, that— (1) is identified as a foreign opioid trafficker in a report submitted under section 2311(a) of this title; or (2) the President determines is owned, controlled, directed by, knowingly supplying or sourcing precursors for, or knowingly acting for or on behalf of, such a foreign opioid trafficker. (Pub. L. 116–92, div. F, title LXXII, §7212, Dec. 20, 2019, 133 Stat. 2265.) Executive Documents Delegation of Functions Functions and authorities of President under this section delegated to Secretary of the Treasury, in consultation with the…

§ 2313

Description of sanctions

U.S.C. Title 21 - FOOD AND DRUGS 21 U.S.C. United States Code, 2023 Edition Title 21 - FOOD AND DRUGS CHAPTER 28 - SANCTIONS WITH RESPECT TO FOREIGN TRAFFICKERS OF ILLICIT SYNTHETIC OPIOIDS SUBCHAPTER I - SANCTIONS WITH RESPECT TO FOREIGN OPIOID TRAFFICKERS Sec. 2313 - Description of sanctions From the U.S. Government Publishing Office, www.gpo.gov §2313. Description of sanctions (a) In general The sanctions that may be imposed with respect to a foreign person under section 2312 of this title are the following: (1) Loans from United States financial institutions The United States Government may prohibit any United States financial institution from making loans or providing credits to the foreign person. (2) Prohibitions on financial institutions The following prohibitions may be imposed with respect to a foreign person that is a financial institution: (A) Prohibition on designation as primary dealer Neither the Board of Governors of the Federal Reserve System nor the Federal Reserve Bank of New York may designate, or permit the continuation of any prior designation of, the financial institution as a primary dealer in United States Government debt instruments. (B) Prohibition…

§ 2314

Waivers

U.S.C. Title 21 - FOOD AND DRUGS 21 U.S.C. United States Code, 2023 Edition Title 21 - FOOD AND DRUGS CHAPTER 28 - SANCTIONS WITH RESPECT TO FOREIGN TRAFFICKERS OF ILLICIT SYNTHETIC OPIOIDS SUBCHAPTER I - SANCTIONS WITH RESPECT TO FOREIGN OPIOID TRAFFICKERS Sec. 2314 - Waivers From the U.S. Government Publishing Office, www.gpo.gov §2314. Waivers (a) Waiver for state-owned entities in countries that cooperate in multilateral anti-trafficking efforts (1) In general The President may waive for a period of not more than 12 months the application of sanctions under this subchapter with respect to an entity that is owned or controlled, directly or indirectly, by a foreign government or any political subdivision, agency, or instrumentality of a foreign government, if, not less than 15 days before the waiver is to take effect, the President certifies to the appropriate congressional committees and leadership that the foreign government is closely cooperating with the United States in efforts to prevent opioid trafficking. (2) Certification The President may certify under paragraph (1) that a foreign government is closely cooperating with the United States in efforts to prevent…

§ 2315

Procedures for judicial review of classified information

U.S.C. Title 21 - FOOD AND DRUGS 21 U.S.C. United States Code, 2023 Edition Title 21 - FOOD AND DRUGS CHAPTER 28 - SANCTIONS WITH RESPECT TO FOREIGN TRAFFICKERS OF ILLICIT SYNTHETIC OPIOIDS SUBCHAPTER I - SANCTIONS WITH RESPECT TO FOREIGN OPIOID TRAFFICKERS Sec. 2315 - Procedures for judicial review of classified information From the U.S. Government Publishing Office, www.gpo.gov §2315. Procedures for judicial review of classified information (a) In general If a finding under this subchapter, or a prohibition, condition, or penalty imposed as a result of any such finding, is based on classified information (as defined in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App.)) and a court reviews the finding or the imposition of the prohibition, condition, or penalty, the President may submit such information to the court ex parte and in camera. (b) Rule of construction Nothing in this section shall be construed— (1) to confer or imply any right to judicial review of any finding under this subchapter, or any prohibition, condition, or penalty imposed as a result of any such finding; or (2) to limit or restrict any other practice, procedure, right,…

§ 2316

Briefings on implementation

U.S.C. Title 21 - FOOD AND DRUGS 21 U.S.C. United States Code, 2023 Edition Title 21 - FOOD AND DRUGS CHAPTER 28 - SANCTIONS WITH RESPECT TO FOREIGN TRAFFICKERS OF ILLICIT SYNTHETIC OPIOIDS SUBCHAPTER I - SANCTIONS WITH RESPECT TO FOREIGN OPIOID TRAFFICKERS Sec. 2316 - Briefings on implementation From the U.S. Government Publishing Office, www.gpo.gov §2316. Briefings on implementation Not later than 90 days after December 20, 2019, and every 180 days thereafter until the date that is 5 years after December 20, 2019, the President, acting through the Secretary of State and the Director of National Intelligence, in coordination with the Secretary of the Treasury, shall provide to the appropriate congressional committees and leadership a comprehensive briefing on efforts to implement this subchapter. (Pub. L. 116–92, div. F, title LXXII, §7216, Dec. 20, 2019, 133 Stat. 2269.) Editorial Notes References in Text This subchapter, referred to in text, was in the original "this subtitle", meaning subtitle A (§§7211–7217) of title LXXII of div. F of Pub. L. 116–92, which is classified principally to this subchapter. For complete classification of…

§ 2331

Director of National Intelligence program on use of intelligence resources in efforts to sanction foreign opioid traffickers

U.S.C. Title 21 - FOOD AND DRUGS 21 U.S.C. United States Code, 2023 Edition Title 21 - FOOD AND DRUGS CHAPTER 28 - SANCTIONS WITH RESPECT TO FOREIGN TRAFFICKERS OF ILLICIT SYNTHETIC OPIOIDS SUBCHAPTER II - OTHER MATTERS Sec. 2331 - Director of National Intelligence program on use of intelligence resources in efforts to sanction foreign opioid traffickers From the U.S. Government Publishing Office, www.gpo.gov §2331. Director of National Intelligence program on use of intelligence resources in efforts to sanction foreign opioid traffickers (a) Program required (1) In general The Director of National Intelligence shall, in consultation with the Director of the Office of National Drug Control Policy, carry out a program to allocate and enhance use of resources of the intelligence community, including intelligence collection and analysis, to assist the Secretary of the Treasury, the Secretary of State, and the Administrator of the Drug Enforcement Administration in efforts to identify and impose sanctions with respect to foreign opioid traffickers under subchapter I. (2) Focus on illicit finance To the extent practicable, efforts described in paragraph (1) shall— (A) take…

§ 2332

Authorization of appropriations

U.S.C. Title 21 - FOOD AND DRUGS 21 U.S.C. United States Code, 2023 Edition Title 21 - FOOD AND DRUGS CHAPTER 28 - SANCTIONS WITH RESPECT TO FOREIGN TRAFFICKERS OF ILLICIT SYNTHETIC OPIOIDS SUBCHAPTER II - OTHER MATTERS Sec. 2332 - Authorization of appropriations From the U.S. Government Publishing Office, www.gpo.gov §2332. Authorization of appropriations (a) Department of the Treasury There are authorized to be appropriated to the Secretary of the Treasury such sums as may be necessary for fiscal year 2020 to carry out operations and activities of the Department of the Treasury solely for purposes of carrying out this chapter. (b) Commission on Combating Synthetic Opioid Trafficking Of the amount authorized to be appropriated by section 1403 for fiscal year 2020 [133 Stat. 1711] and available for Drug Interdiction and Counter-Drug Activities, Defense-wide, as specified in the funding table in section 4501 [133 Stat. 2086], the Secretary of Defense may, notwithstanding section 2215 of title 10, transfer $5,000,000 to the Commission on Combating Synthetic Opioid Trafficking established under section 7221 [133 Stat. 2270] in order to carry out the duties of the Commission. (c)…

§ 2333

Regulatory authority

U.S.C. Title 21 - FOOD AND DRUGS 21 U.S.C. United States Code, 2023 Edition Title 21 - FOOD AND DRUGS CHAPTER 28 - SANCTIONS WITH RESPECT TO FOREIGN TRAFFICKERS OF ILLICIT SYNTHETIC OPIOIDS SUBCHAPTER II - OTHER MATTERS Sec. 2333 - Regulatory authority From the U.S. Government Publishing Office, www.gpo.gov §2333. Regulatory authority Not later than 90 days after December 20, 2019, the President shall issue such regulations as are necessary to carry out this chapter, including guidance with respect to what activities are included under the definition of "opioid trafficking" under section 2302(8) of this title. (Pub. L. 116–92, div. F, title LXXII, §7233, Dec. 20, 2019, 133 Stat. 2275.) Editorial Notes References in Text This chapter, referred to in text, was in the original "this title", meaning title LXXII of div. F of Pub. L. 116–92, known as the Fentanyl Sanctions Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2301 of this title and Tables. Executive Documents Delegation of Functions Functions and authorities of President under this section delegated to…

§ 2334

Termination

U.S.C. Title 21 - FOOD AND DRUGS 21 U.S.C. United States Code, 2023 Edition Title 21 - FOOD AND DRUGS CHAPTER 28 - SANCTIONS WITH RESPECT TO FOREIGN TRAFFICKERS OF ILLICIT SYNTHETIC OPIOIDS SUBCHAPTER II - OTHER MATTERS Sec. 2334 - Termination From the U.S. Government Publishing Office, www.gpo.gov §2334. Termination The provisions of this chapter, and any sanctions imposed pursuant to this chapter, shall terminate on the date that is 7 years after December 20, 2019. (Pub. L. 116–92, div. F, title LXXII, §7234, Dec. 20, 2019, 133 Stat. 2275.) Editorial Notes References in Text This chapter, referred to in text, was in the original "this title", meaning title LXXII of div. F of Pub. L. 116–92, known as the Fentanyl Sanctions Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2301 of this title and Tables.

§ 2335

Exception relating to importation of goods

U.S.C. Title 21 - FOOD AND DRUGS 21 U.S.C. United States Code, 2023 Edition Title 21 - FOOD AND DRUGS CHAPTER 28 - SANCTIONS WITH RESPECT TO FOREIGN TRAFFICKERS OF ILLICIT SYNTHETIC OPIOIDS SUBCHAPTER II - OTHER MATTERS Sec. 2335 - Exception relating to importation of goods From the U.S. Government Publishing Office, www.gpo.gov §2335. Exception relating to importation of goods (a) In general The authorities and requirements to impose sanctions under this chapter shall not include the authority or a requirement to impose sanctions on the importation of goods. (b) Good defined In this section, the term "good" means any article, natural or manmade substance, material, supply, or manufactured product, including inspection and test equipment, and excluding technical data. (Pub. L. 116–92, div. F, title LXXII, §7235, Dec. 20, 2019, 133 Stat. 2275.) Editorial Notes References in Text This chapter, referred to in subsec. (a), was in the original "this title", meaning title LXXII of div. F of Pub. L. 116–92, known as the Fentanyl Sanctions Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note…

Regulatory Context

This document sits within United States USC and is most useful when linked to operational submission, quality, and inspection workflows.

United StatesUSC

Related Terms

Operational Use Cases

Related Actions