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21 U.S.C. § 2314 — Description of sanctions
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The sanctions that may be imposed with respect to a foreign person under [section 2312 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section2312&num=0&edition=prelim) 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 on service as a repository of Government funds* — The financial institution may not serve as agent of the United States Government or serve as repository for United States Government funds.
The imposition of either sanction under subparagraph (A) or (B) shall be treated as one sanction for purposes of [section 2312 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section2312&num=0&edition=prelim), and the imposition of both such sanctions shall be treated as 2 sanctions for purposes of that section.
(3) **Procurement ban** — The United States Government may not procure, or enter into any contract for the procurement of, any goods or services from the foreign person.
(4) **Foreign exchange** — The President may, pursuant to such regulations as the President may prescribe, prohibit any transactions in forei
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Stable record: federal_law:legal_authorities:record_usc_24da1b1551508839d15ee21b
Source file: Laws/federal/codes/united-states-code/title-21/section-2314-description-of-sanctions--ebe1828d17.md
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Source location: Title 21, Chapter 28, § 2314; chapter-028-sanctions-with-respect-to-foreign-traffickers-of-illicit-synthetic-opioids.md
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**(a) In general** The sanctions that may be imposed with respect to a foreign person under [section 2312 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section2312&num=0&edition=prelim) 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 on service as a repository of Government funds* — The financial institution may not serve as agent of the United States Government or serve as repository for United States Government funds.
The imposition of either sanction under subparagraph (A) or (B) shall be treated as one sanction for purposes of [section 2312 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section2312&num=0&edition=prelim), and the imposition of both such sanctions shall be treated as 2 sanctions for purposes of that section.
(3) **Procurement ban** — The United States Government may not procure, or enter into any contract for the procurement of, any goods or services from the foreign person.
(4) **Foreign exchange** — The President may, pursuant to such regulations as the President may prescribe, prohibit any transactions in foreign exchange that are subject to the jurisdiction of the United States and in which the foreign person has any interest.
(5) **Banking transactions** — The President may, pursuant to such regulations as the President may prescribe, prohibit any transfers of credit or payments between financial institutions or by, through, or to any financial institution, to the extent that such transfers or payments are subject to the jurisdiction of the United States and involve any interest of the foreign person.
(6) **Property transactions** — The President may, pursuant to such regulations as the President may prescribe, prohibit any person from—
(A) acquiring, holding, withholding, using, transferring, withdrawing, or transporting any property that is subject to the jurisdiction of the United States and with respect to which the foreign person has any interest;
(B) dealing in or exercising any right, power, or privilege with respect to such property; or
(C) conducting any transaction involving such property.
(7) **Ban on investment in equity or debt of sanctioned person** — The President may, pursuant to such regulations or guidelines as the President may prescribe, prohibit any United States person from investing in or purchasing significant amounts of equity or debt instruments of the foreign person.
(8) **Exclusion of corporate officers** — The President may direct the Secretary of State to deny a visa to, and the Secretary of Homeland Security to exclude from the United States, any alien that the President determines is a corporate officer or principal of, or a shareholder with a controlling interest in, the foreign person.
(9) **Sanctions on principal executive officers** — The President may impose on the principal executive officer or officers of the foreign person, or on individuals performing similar functions and with similar authorities as such officer or officers, any of the sanctions described in paragraphs (1) through (8) that are applicable.
**(b) Penalties** A person that violates, attempts to violate, conspires to violate, or causes a violation of any regulation, license, or order issued to carry out subsection (a) shall be subject to the penalties set forth in subsections (b) and (c) of [section 1705 of title 50](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1705&num=0&edition=prelim) to the same extent as a person that commits an unlawful act described in subsection (a) of that section.
**(c) Exceptions**
(1) **Intelligence and law enforcement activities** — Sanctions under this section shall not apply with respect to—
(A) any activity subject to the reporting requirements under title V of the National Security Act of 1947 ([50 U.S.C. 3091](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3091&num=0&edition=prelim) et seq.); or
(B) any authorized intelligence or law enforcement activities of the United States.
(2) **Exception to comply with United Nations headquarters agreement** — Sanctions under subsection (a)(8) shall not apply to an alien if admitting the alien into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, the Convention on Consular Relations, done at Vienna April 24, 1963, and entered into force March 19, 1967, or other applicable international obligations.
**(d) Implementation** The President may exercise all authorities provided under sections 1702 and 1704 of title 50 to carry out this section.
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Federal law — U.S. Code and appendices · legal_authorities
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 2302
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Federal law — U.S. Code and appendices · legal_authorities
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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101&num=0&edition=prelim).
(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 Committee on Oversight and Reform, the Permanent Select Committee on Intelligence, and the Speaker and the minority leader of the House of Representatives.
(3) **Controlled substance; listed chemical** — The terms “controlled substance”, “listed chemical”, “narcotic drug”, and “opioid” have the meanings given those terms in [section 802 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section802&num=0&edition=prelim).
(4) **Entity** — The term “entity” means a partnership, joint venture, association, corporation, organization, network, group, or subgroup, or any form of business collaboration.
(5) **Foreign opioid trafficker** — The term “foreign opioid trafficker” means— 11 So in original.
(A) means 1 any foreign person that the
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Federal law — U.S. Code and appendices · legal_authorities
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.
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Federal law — U.S. Code and appendices · legal_authorities
**(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;
(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; and
(D) assessing whether any senior official of any anti-narcotics, regulatory, law enforcement, intelligence, or customs body of the People’s Republic of China—
(i) has directly or indirectly taken actions that have facilitated or advanced foreign opioid trafficking; and
(ii) should be identified as a foreign opioid trafficker.
(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 in the report is a foreign opioid trafficker, the President shall submit to the appropriate congressional committees and leadership an additional report containing the information required by paragraph (1) with respect to the foreign person.
(3) **Prioritization**
(A) *Defined term* — In this paragraph, the term “person of the People’s Republic of China” means—
(i) an individual who is a citizen or national of the People’s Republic of China; or
(ii) an entity organized under the laws of the People’s Republic of China or otherwise subject to the jurisdiction of the Government of the People’s Republic of China.
(B) *In general* — In preparing th
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Unlawful acts** It shall be unlawful for a person to violate, attempt to violate, conspire to violate, or cause a violation of any license, order, regulation, or prohibition issued under this chapter.
**(b) Civil penalty** A civil penalty may be imposed on any person who commits an unlawful act described in subsection (a) in an amount not to exceed the greater of—
(1) $250,000; or
(2) an amount that is twice the amount of the transaction that is the basis of the violation with respect to which the penalty is imposed.
**(c) Criminal penalty** A person who willfully commits, willfully attempts to commit, or willfully conspires to commit, or aids or abets in the commission of, an unlawful act described in subsection (a) shall, upon conviction, be fined not more than $1,000,000, or if a natural person, may be imprisoned for not more than 20 years, or both.
**(d) Statute of limitations**
(1) **Time for commencing proceedings**
(A) *In general* — An action, suit, or proceeding for the enforcement of any civil fine, penalty, or forfeiture, pecuniary or otherwise, under this section shall not be entertained unless commenced within 10 years after the latest date of the violation upon which the civil fine, penalty, or forfeiture is based.
(B) *Commencement* — For purposes of this paragraph, the commencement of an action, suit, or proceeding includes the issuance of a pre-penalty notice or finding of violation.
(2) **Time for indictment** — No person shall be prosecuted, tried, or punished for any offense under subsection (c) unless the indictment is found or the information is instituted within 10 years after the latest date of the violation upon which the indictment or information is based.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1705
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Federal law — U.S. Code and appendices · legal_authorities
There are authorized to be appropriated such sums as may be necessary and appropriate to carry out the provisions and purposes of this chapter (other than the provisions and purposes of sections 3023, 3025, 3035, 3038 of this title and subchapters III, IV, and V).
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Federal law — U.S. Code and appendices · legal_authorities
Page 1026
TITLE 21—FOOD AND DRUGS
§ 2313a
Security Act of 1947 (50 U.S.C. 3091 et seq.);
or
(B) any authorized intelligence or law en-
forcement activities of the United States.
(2) Exception to comply with United Nations
headquarters agreement
Sanctions under subsection (a)(8) shall not
apply to an alien if admitting the alien into
the United States is necessary to permit the
United States to comply with the Agreement
regarding the Headquarters of the United Na-
tions, signed at Lake Success June 26, 1947,
and entered into force November 21, 1947, be-
tween the United Nations and the United
States, the Convention on Consular Relations,
done at Vienna April 24, 1963, and entered into
force March 19, 1967, or other applicable inter-
national obligations.
(d) Implementation
The President may exercise all authorities
provided under sections 1702 and 1704 of title 50
to carry out this section.
(Pub. L. 116–92, div. F, title LXXII, § 7213, Dec. 20,
2019, 133 Stat. 2266.)
Editorial Notes
REFERENCES IN TEXT
The National Security Act of 1947, referred to in sub-
sec. (c)(1)(A), is act July 26, 1947, ch. 343, 61 Stat. 495.
Title V of the Act is classified generally to subchapter
III (§ 3091 et seq.) of chapter 44 of Title 50, War and Na-
tional Defense. For complete classification of this Act
to the Code, see Tables.
Executive Documents
DELEGATION OF FUNCTIONS
Functions and authorities of President under sub-
sections (a)(4) to (9) and (d) of this section delegated to
Secretary of the Treasury, in consultation with the
Secretary of State, by section 1(d)(vi) and (vii) of
Memorandum of President of the United States, Mar.
31, 2020, 85 F.R. 22343, set out as a note under section
2311 of this title.
§ 2313a. Designation of transactions of sanc-
tion
Source: Supplied 2024 U.S. Code historical extraction · 21 U.S.C. § 2314
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Federal law — U.S. Code and appendices · legal_authorities
Page 665
TITLE 50—WAR AND NATIONAL DEFENSE
§ 3091
mained a part of it or whether all other traces of the
title were eliminated completely so that section 411
was effectively absorbed into title III. The subsequent
renumbering of section 411 of the Act as section 312 by
Pub. L. 116–92 suggests that this section should be con-
sidered within title III (as shown in the credit above),
although there has been no explicit amendment renum-
bering the title of the Act containing it.
Section was classified to section 3006 of this title
prior to renumbering by Pub. L. 116–92.
Section was formerly classified to section 412 of this
title prior to editorial reclassification and renumbering
as section 3006, and to section 172j of former Title 5
prior to the general revision and enactment of Title 5,
Government Organization and Employees, by Pub. L.
89–554, § 1, Sept. 6, 1966, 80 Stat. 378.
§ 3079. Insider threat policy compliance and re-
porting
The head of each element of the intelligence
community shall—
(1) implement the policy established in ac-
cordance with section 3024(f)(8) of this title;
and
(2) concurrent with the submission to Con-
gress of budget justification materials in sup-
port of the budget of the President for a fiscal
year that is submitted to Congress under sec-
tion 1105(a) of title 31, submit to Congress a
certification as to whether the element is in
compliance with such policy.
(July 26, 1947, ch. 343, title III, § 313, as added
Pub. L. 117–263, div. F, title LXIII, § 6314(b), Dec.
23, 2022, 136 Stat. 3511.)
SUBCHAPTER III—ACCOUNTABILITY FOR
INTELLIGENCE ACTIVITIES
§ 3091. General congressional oversight provi-
sions
(a) Reports to congressional committees of intel-
ligence activities and anticipated activities
(1) The President sh
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 3091
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