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21 U.S.C. § 2355 — Penalties; waivers; exceptions
Federal law — U.S. Code and appendices · legal_authorities
**(a) Penalties** Any person that violates, attempts to violate, conspires to violate, or causes a violation of this subchapter or any regulation, license, or order issued to carry out this subchapter 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.
**(b) National security waiver** The President may waive the application of sanctions under this subchapter with respect to a foreign person if the President determines that such waiver is in the national security interest of the United States.
**(c) Exceptions**
(1) **Exception for intelligence activities** — This subchapter shall not apply with respect to activities 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 any authorized intelligence activities of the United States.
(2) **Exception for compliance with international obligations and law enforcement activities** — Sanctions under this subchapter shall not apply with respect to an alien if admitting or paroling the alien into the United States is necessary—
(A) to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success on June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations of the United States; or
(B) to carry out or assist law enforcement activity of the United Sta
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Source location: Title 21, Chapter 28A, § 2355; chapter-28a-fentanyl-eradication-and-narcotics-deterrence-off-fentanyl.md
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**(a) Penalties** Any person that violates, attempts to violate, conspires to violate, or causes a violation of this subchapter or any regulation, license, or order issued to carry out this subchapter 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.
**(b) National security waiver** The President may waive the application of sanctions under this subchapter with respect to a foreign person if the President determines that such waiver is in the national security interest of the United States.
**(c) Exceptions**
(1) **Exception for intelligence activities** — This subchapter shall not apply with respect to activities 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 any authorized intelligence activities of the United States.
(2) **Exception for compliance with international obligations and law enforcement activities** — Sanctions under this subchapter shall not apply with respect to an alien if admitting or paroling the alien into the United States is necessary—
(A) to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success on June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations of the United States; or
(B) to carry out or assist law enforcement activity of the United States.
(3) **Humanitarian exemption** — The President may not impose sanctions under this subchapter with respect to any person for conducting or facilitating a transaction for the sale of agricultural commodities, food, medicine, or medical devices or for the provision of humanitarian assistance.
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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.
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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 1032
TITLE 21—FOOD AND DRUGS
§ 2355
paroling the alien into the United States is
necessary—
(A) to permit the United States to comply
with the Agreement regarding the Head-
quarters of the United Nations, signed at
Lake Success on June 26, 1947, and entered
into force November 21, 1947, between the
United Nations and the United States, or
other applicable international obligations of
the United States; or
(B) to carry out or assist law enforcement
activity of the United States.
(3) Humanitarian exemption
The President may not impose sanctions
under this subchapter with respect to any per-
son for conducting or facilitating a trans-
action for the sale of agricultural commod-
ities, food, medicine, or medical devices or for
the provision of humanitarian assistance.
(Pub. L. 118–50, div. E, title I, § 3104, Apr. 24, 2024,
138 Stat. 937.)
Editorial Notes
REFERENCES IN TEXT
The National Security Act of 1947, referred to in sub-
sec. (c)(1), 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.
§ 2355.
Treatment
of
forfeited
property
of
transnational criminal organizations
(a) Transfer of forfeited property to forfeiture
funds
(1) In general
Any covered forfeited property shall be de-
posited into the Department of the Treasury
Forfeiture Fund established under section 9705
of title 31 or the Department of Justice Assets
Forfeiture Fund established under section
524(c) of title 28.
(2) Report required
Not later than 180 days after April 24, 2024,
and every 180 days thereafter, the President
shall submit to the appropriate congressional
committee
Source: Supplied 2024 U.S. Code historical extraction · 21 U.S.C. § 2355
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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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