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21 U.S.C. § 2311 — Sense of Congress
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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Stable record: federal_law:legal_authorities:record_usc_53ea376ce0e909b34de41693
Source file: Laws/federal/codes/united-states-code/title-21/section-2311-sense-of-congress--ac79b98b01.md
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Source location: Title 21, Chapter 28, § 2311; chapter-028-sanctions-with-respect-to-foreign-traffickers-of-illicit-synthetic-opioids.md
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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) 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 President shall impose five or more of the sanctions described in [section 2313 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section2313&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section2311/a&num=0&edition=prelim);
(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;
(3) the President determines has knowingly engaged in, on or after December 18, 2025, a pattern of significant activity that has materially contributed to opioid trafficking; or
(4) the President determines—
(A) has knowingly engaged in a pattern of providing significant financial, material, or technological support for, including through the provision of goods or services in support of, any activity or transaction described in paragraph (3); or
(B) is owned, controlled, or directed by any foreign person described in subparagraph (A) or in paragraph (3), or has knowingly acted or purported to act for or on behalf of, directly or indirectly, such a foreign person.
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 2313a
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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
**(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 opioid trafficking if that government is—
(A) implementing domestic laws to schedule all fentanyl analogues as controlled substances; and
(B) doing two or more of the following:
(i) Implementing substantial improvements in regulations involving the chemical and pharmaceutical production and export of illicit opioids.
(ii) Implementing substantial improvements in judicial regulations to combat transnational criminal organizations that traffic opioids.
(iii) Increasing efforts to prosecute foreign opioid traffickers.
(iv) Increasing intelligence sharing and law enforcement cooperation with the United States with respect to opioid trafficking.
(3) **Subsequent renewal of waiver** — The President may renew a waiver under paragraph (1) for subsequent periods of not more than 12 months each if, not less than 15 days before the renewal is to take effect, the Secretary of State certifies to the appropriate con
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 2316
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Federal law — U.S. Code and appendices · legal_authorities
**(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, remedy, or safeguard that—
(A) relates to the protection of classified information; and
(B) is available to the United States in connection with any type of administrative hearing, litigation, or other proceeding.
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 2331
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Federal law — U.S. Code and appendices · legal_authorities
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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section2302/8&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 2335
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Federal law — U.S. Code and appendices · legal_authorities
Page 1023
TITLE 21—FOOD AND DRUGS
§ 2311
(8) Opioid trafficking
The term ‘‘opioid trafficking’’ means any il-
licit activity—
(A) to produce, manufacture, distribute,
sell, or knowingly finance or transport—
(i) synthetic opioids, including con-
trolled
substances
that
are
synthetic
opioids and listed chemicals that are syn-
thetic 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 de-
scribed in subparagraph (A); or
(C) to assist, abet, conspire, or collude
with other persons to carry out such an ac-
tivity.
(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 perma-
nent 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.
(Pub. L. 116–92, div. F, title LXXII, § 7203, Dec. 20,
2019, 133 Stat. 2262.)
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, Dec. 20, 2019, 133 Stat. 2262, 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.
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
Committee on Oversight and Reform of House of Rep-
resentatives changed to Committee on Oversight and
Accountabili
Source: Supplied 2024 U.S. Code historical extraction · 21 U.S.C. § 2311
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