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21 U.S.C. § 2312 — Definitions
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
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 2312
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Stable record: federal_law:legal_authorities:record_usc_4d704834579ca8c950934e57
Source file: Laws/federal/codes/united-states-code/title-21/section-2312-definitions--3a17fb8b32.md
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Passage SHA-256: 4f6dfcd5fadaef91ff9f1610f2db5379c25212fbf5e1c1e6476ce863d6b5e40f
Source location: Title 21, Chapter 28, § 2312; chapter-028-sanctions-with-respect-to-foreign-traffickers-of-illicit-synthetic-opioids.md
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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 President determines plays a significant role in opioid trafficking; and
(B) may 1 include—
(i) any entity of the People’s Republic of China that the President determines—
(I) produces, manufactures, distributes, sells, or knowingly finances or transports any goods described in clause (i) or (ii) of paragraph (8)(A); and
(II) demonstrates a pattern of failing to take credible steps (including implementing appropriate know-your-customer procedures or cooperating with United States counternarcotics efforts) to detect or prevent opioid trafficking; and
(ii) any senior official of the Government of the People’s Republic of China that—
(I) has significant regulatory or law enforcement responsibilities with respect to the activities of an entity described in clause (i); and
(II) aids and abets opioid trafficking.
(6) **Foreign person** — The term “foreign person”—
(A) means—
(i) any citizen or national of a foreign country; or
(ii) any entity not organized under the laws of the United States or a jurisdiction within the United States; and
(B) does not include the government of a foreign country.
(7) **Knowingly** — The term “knowingly”, with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result.
(8) **Opioid trafficking** — The term “opioid trafficking” means any illicit activity—
(A) to produce, manufacture, distribute, sell, or knowingly finance or transport—
(i) synthetic opioids, including controlled substances that are synthetic opioids and listed chemicals that are synthetic opioids; or
(ii) active pharmaceutical ingredients or chemicals that are used in the production of controlled substances that are synthetic opioids;
(B) to attempt to carry out an activity described in subparagraph (A); or
(C) to assist, abet, conspire, or collude with other persons to carry out such an activity.
(9) **Person** — The term “person” means an individual or entity.
(10) **United States person** — The term “United States person” means—
(A) any citizen or national of the United States;
(B) any alien lawfully admitted for permanent residence in the United States;
(C) any entity organized under the laws of the United States or any jurisdiction within the United States (including a foreign branch of such an entity); or
(D) any person located in the United States.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Any authority granted to the President by [section 1702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1702&num=0&edition=prelim) may be exercised to deal with any unusual and extraordinary threat, which has its source in whole or substantial part outside the United States, to the national security, foreign policy, or economy of the United States, if the President declares a national emergency with respect to such threat.
**(b)** The authorities granted to the President by [section 1702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1702&num=0&edition=prelim) may only be exercised to deal with an unusual and extraordinary threat with respect to which a national emergency has been declared for purposes of this chapter and may not be exercised for any other purpose. Any exercise of such authorities to deal with any new threat shall be based on a new declaration of national emergency which must be with respect to such threat.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1701
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Policy and general authorities**
(1) **Statements of policy**
(A) International narcotics trafficking poses an unparalleled transnational threat in today’s world, and its suppression is among the most important foreign policy objectives of the United States.
(B) Under the Single Convention on Narcotic Drugs, 1961, and under the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, the parties are required to criminalize certain drug-related activities, provide appropriately severe penalties, and cooperate in the extradition of accused offenders.
(C) International narcotics control programs should include, as priority goals, the suppression of the illicit manufacture of and trafficking in narcotic and psychotropic drugs, money laundering, and precursor chemical diversion, and the progressive elimination of the illicit cultivation of the crops from which narcotic and psychotropic drugs are derived.
(D) International criminal activities, particularly international narcotics trafficking, money laundering, and corruption, endanger political and economic stability and democratic development, and assistance for the prevention and suppression of international criminal activities should be a priority for the United States.
(E) The international community should provide assistance, where appropriate, to those producer and transit countries which require assistance in discharging these primary obligations.
(F) The objective of the United States in dealing with the problem of international money laundering is to ensure that countries adopt comprehensive domestic measures against money laundering and cooperate with each other in narcotics money laundering investigations, prosecutions, and related forfeiture actions.
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2291
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Federal law — U.S. Code and appendices · legal_authorities
(a) United States development cooperation policy
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2151
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Federal law — U.S. Code and appendices · legal_authorities
**(a) International narcotics control strategy report** Not later than June 1 of each year, the President shall transmit to the Speaker of the House of Representatives, and to the Committee on Foreign Relations of the Senate, a report containing the following:
(1) For each country that received assistance under this part for either of the 2 preceding fiscal years, a report on the extent to which the country has—
(A) met the goals and objectives of the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, including action on such issues as illicit cultivation, production, distribution, sale, transport, and financing, and money laundering, asset seizure, extradition, mutual legal assistance, law enforcement and transit cooperation, precursor chemical control, and demand reduction;
(B) accomplished the goals described in an applicable bilateral narcotics agreement with the United States or a multilateral agreement; and
(C) taken legal and law enforcement measures to prevent and punish public corruption, especially by senior government officials, that facilitates the production, processing, or shipment of narcotic and psychotropic drugs and other controlled substances, or that discourages the investigation or prosecution of such acts.
(2)
(A) A description of the policies adopted, agreements concluded, and programs implemented by the Department of State in pursuit of its delegated responsibilities for international narcotics control, including appropriate information on the status of negotiations between the United States and other countries on updated extradition treaties, mutual legal assistance treaties, precursor chemical controls, money laundering, and agreements pursuant to section 2015 of the International Narc
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2291h
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Federal law — U.S. Code and appendices · legal_authorities
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 2301
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** As used in this chapter—
(1) The term “administrator” means the official designated by the Secretary of State pursuant to [section 1104(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1104/b&num=0&edition=prelim).
(2) The term “advocates” includes, but is not limited to, advises, recommends, furthers by overt act, and admits belief in.
(3) The term “alien” means any person not a citizen or national of the United States.
(4) The term “application for admission” has reference to the application for admission into the United States and not to the application for the issuance of an immigrant or nonimmigrant visa.
(5) The term “Attorney General” means the Attorney General of the United States.
(6) The term “border crossing identification card” means a document of identity bearing that designation issued to an alien who is lawfully admitted for permanent residence, or to an alien who is a resident in foreign contiguous territory, by a consular officer or an immigration officer for the purpose of crossing over the borders between the United States and foreign contiguous territory in accordance with such conditions for its issuance and use as may be prescribed by regulations. Such regulations shall provide that (A) each such document include a biometric identifier (such as the fingerprint or handprint of the alien) that is machine readable and (B) an alien presenting a border crossing identification card is not permitted to cross over the border into the United States unless the biometric identifier contained on the card matches the appropriate biometric characteristic of the alien.
(7) The term “clerk of court” means a clerk of a naturalization court.
(8) The terms “Commissioner” and “Deputy Commissioner” mean the Co
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1101
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 2313
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Federal law — U.S. Code and appendices · legal_authorities
As used in this subchapter:
(1) The term “addict” means any individual who habitually uses any narcotic drug so as to endanger the public morals, health, safety, or welfare, or who is so far addicted to the use of narcotic drugs as to have lost the power of self-control with reference to his addiction.
(2) The term “administer” refers to the direct application of a controlled substance to the body of a patient or research subject by—
(A) a practitioner (or, in his presence, by his authorized agent), or
(B) the patient or research subject at the direction and in the presence of the practitioner,
whether such application be by injection, inhalation, ingestion, or any other means.
(3) The term “agent” means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser; except that such term does not include a common or contract carrier, public warehouseman, or employee of the carrier or warehouseman, when acting in the usual and lawful course of the carrier’s or warehouseman’s business.
(4) The term “Drug Enforcement Administration” means the Drug Enforcement Administration in the Department of Justice.
(5) The term “control” means to add a drug or other substance, or immediate precursor, to a schedule under part B of this subchapter, whether by transfer from another schedule or otherwise.
(6) The term “controlled substance” means a drug or other substance, or immediate precursor, included in schedule I, II, III, IV, or V of part B of this subchapter. The term does not include distilled spirits, wine, malt beverages, or tobacco, as those terms are defined or used in subtitle E of the Internal Revenue Code of 1986.
(7) The term “counterfeit substance” means a controlled substance which, or the container or labelin
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 802
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 2314
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Federal law — U.S. Code and appendices · legal_authorities
Page 1024
TITLE 21—FOOD AND DRUGS
§ 2312
shall submit the reports required by subsections
(a) and (b) to the appropriate congressional com-
mittees and leadership.
(d) Exclusion of certain information
(1) Intelligence
Notwithstanding any other provision of this
section, a report required by subsection (a) or
(b) shall not disclose the identity of any per-
son if the Director of National Intelligence de-
termines that such disclosure could com-
promise an intelligence operation, activity,
source, or method of the United States.
(2) Law enforcement
Notwithstanding any other provision of this
section, a report required by subsection (a) or
(b) shall not disclose the identity of any per-
son if the Attorney General, in coordination,
as appropriate, with the Director of the Fed-
eral Bureau of Investigation, the Adminis-
trator of the Drug Enforcement Administra-
tion, the Secretary of the Treasury, the Sec-
retary of State, and the head of any other ap-
propriate Federal law enforcement agency, de-
termines that such disclosure could reason-
ably be expected—
(A) to compromise the identity of a con-
fidential source, including a State, local, or
foreign agency or authority or any private
institution that furnished information on a
confidential basis;
(B) to jeopardize the integrity or success
of an ongoing criminal investigation or pros-
ecution;
(C) to endanger the life or physical safety
of any person; or
(D) to cause substantial harm to physical
property.
(3) Notification required
If the Director of National Intelligence
makes a determination under paragraph (1) or
the Attorney General makes a determination
under paragraph (2), the Director or the Attor-
ney General, as the case may be, shall notify
the appropriate congressional committees and
Source: Supplied 2024 U.S. Code historical extraction · 21 U.S.C. § 2312
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