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21 U.S.C. § 953 — Exportation of controlled substances
Federal law — U.S. Code and appendices · legal_authorities
**(a) Narcotic drugs in schedule I, II, III, or IV** It shall be unlawful to export from the United States any narcotic drug in schedule I, II, III, or IV unless—
(1) it is exported to a country which is a party to—
(A) the International Opium Convention of 1912 for the Suppression of the Abuses of Opium, Morphine, Cocaine, and Derivative Drugs, or to the International Opium Convention signed at Geneva on February 19, 1925; or
(B) the Convention for Limiting the Manufacture and Regulating the Distribution of Narcotic Drugs concluded at Geneva, July 13, 1931, as amended by the protocol signed at Lake Success on December 11, 1946, and the protocol bringing under international control drugs outside the scope of the convention of July 13, 1931, for limiting the manufacture and regulating the distribution of narcotic drugs (as amended by the protocol signed at Lake Success on December 11, 1946), signed at Paris, November 19, 1948; or
(C) the Single Convention on Narcotic Drugs, 1961, signed at New York, March 30, 1961;
(2) such country has instituted and maintains, in conformity with the conventions to which it is a party, a system for the control of imports of narcotic drugs which the Attorney General deems adequate;
(3) the narcotic drug is consigned to a holder of such permits or licenses as may be required under the laws of the country of import, and a permit or license to import such drug has been issued by the country of import;
(4) substantial evidence is furnished to the Attorney General by the exporter that (A) the narcotic drug is to be applied exclusively to medical or scientific uses within the country of import, and (B) there is an actual need for the narcotic drug for medical or scientific uses within such country; and
(5) a permit to export the n
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Source file: Laws/federal/codes/united-states-code/title-21/section-953-exportation-of-controlled-substances--4381d08024.md
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Source location: Title 21, Chapter 13, § 953; chapter-013-drug-abuse-prevention-and-control.md
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**(a) Narcotic drugs in schedule I, II, III, or IV** It shall be unlawful to export from the United States any narcotic drug in schedule I, II, III, or IV unless—
(1) it is exported to a country which is a party to—
(A) the International Opium Convention of 1912 for the Suppression of the Abuses of Opium, Morphine, Cocaine, and Derivative Drugs, or to the International Opium Convention signed at Geneva on February 19, 1925; or
(B) the Convention for Limiting the Manufacture and Regulating the Distribution of Narcotic Drugs concluded at Geneva, July 13, 1931, as amended by the protocol signed at Lake Success on December 11, 1946, and the protocol bringing under international control drugs outside the scope of the convention of July 13, 1931, for limiting the manufacture and regulating the distribution of narcotic drugs (as amended by the protocol signed at Lake Success on December 11, 1946), signed at Paris, November 19, 1948; or
(C) the Single Convention on Narcotic Drugs, 1961, signed at New York, March 30, 1961;
(2) such country has instituted and maintains, in conformity with the conventions to which it is a party, a system for the control of imports of narcotic drugs which the Attorney General deems adequate;
(3) the narcotic drug is consigned to a holder of such permits or licenses as may be required under the laws of the country of import, and a permit or license to import such drug has been issued by the country of import;
(4) substantial evidence is furnished to the Attorney General by the exporter that (A) the narcotic drug is to be applied exclusively to medical or scientific uses within the country of import, and (B) there is an actual need for the narcotic drug for medical or scientific uses within such country; and
(5) a permit to export the narcotic drug in each instance has been issued by the Attorney General.
**(b) Exception for exportation for special scientific purposes** Notwithstanding subsection (a), the Attorney General may authorize any narcotic drug (including crude opium and coca leaves) in schedule I, II, III, or IV to be exported from the United States to a country which is a party to any of the international instruments mentioned in subsection (a) if the particular drug is to be applied to a special scientific purpose in the country of destination and the authorities of such country will permit the importation of the particular drug for such purpose.
**(c) Nonnarcotic controlled substances in schedule I or II** It shall be unlawful to export from the United States any nonnarcotic controlled substance in schedule I or II unless—
(1) it is exported to a country which has instituted and maintains a system which the Attorney General deems adequate for the control of imports of such substances;
(2) the controlled substance is consigned to a holder of such permits or licenses as may be required under the laws of the country of import;
(3) substantial evidence is furnished to the Attorney General that (A) the controlled substance is to be applied exclusively to medical, scientific, or other legitimate uses within the country to which exported, (B) it will not be exported from such country, and (C) there is an actual need for the controlled substance for medical, scientific, or other legitimate uses within the country; and
(4) a permit to export the controlled substance in each instance has been issued by the Attorney General.
**(d) Exception for exportation for special scientific purposes** Notwithstanding subsection (c), the Attorney General may authorize any nonnarcotic controlled substance in schedule I or II to be exported from the United States if the particular substance is to be applied to a special scientific purpose in the country of destination and the authorities of such country will permit the importation of the particular drug for such purpose.
**(e) Nonnarcotic controlled substances in schedule III or IV; controlled substances in schedule V** It shall be unlawful to export from the United States to any other country any nonnarcotic controlled substance in schedule III or IV or any controlled substances in schedule V unless—
(1) there is furnished (before export) to the Attorney General documentary proof that importation is not contrary to the laws or regulations of the country of destination for consumption for medical, scientific, or other legitimate purposes;
(2) it is exported pursuant to such notification or declaration, or in the case of any nonnarcotic controlled substance in schedule III, such export permit, notification, or declaration as the Attorney General may by regulation prescribe; and
(3) in the case of a nonnarcotic controlled substance in schedule IV or V which is also listed in schedule I or II of the Convention on Psychotropic Substances, it is exported pursuant to such export permit requirements, prescribed by regulation of the Attorney General, as are required by the Convention.
**(f) Exception for exportation for subsequent export** Notwithstanding subsections (a)(4) and (c)(3), the Attorney General may authorize any controlled substance that is in schedule I or II, or is a narcotic drug in schedule III or IV, to be exported from the United States to a country for subsequent export from that country to another country, if each of the following conditions is met:
(1) Both the country to which the controlled substance is exported from the United States (referred to in this subsection as the “first country”) and the country to which the controlled substance is exported from the first country (referred to in this subsection as the “second country”) are parties to the Single Convention on Narcotic Drugs, 1961, and the Convention on Psychotropic Substances, 1971.
(2) The first country and the second country have each instituted and maintain, in conformity with such Conventions, a system of controls of imports of controlled substances which the Attorney General deems adequate.
(3) With respect to the first country, the controlled substance is consigned to a holder of such permits or licenses as may be required under the laws of such country, and a permit or license to import the controlled substance has been issued by the country.
(4) With respect to the second country, substantial evidence is furnished to the Attorney General by the person who will export the controlled substance from the United States that—
(A) the controlled substance is to be consigned to a holder of such permits or licenses as may be required under the laws of such country, and a permit or license to import the controlled substance is to be issued by the country; and
(B) the controlled substance is to be applied exclusively to medical, scientific, or other legitimate uses within the country.
(5)
(A) The controlled substance will not be exported from the second country, except that the controlled substance may be exported from a second country that is a member of the European Economic Area to another country that is a member of the European Economic Area, provided that the first country is also a member of the European Economic Area.
(B) Subsequent to any re-exportation described in subparagraph (A), a controlled substance may continue to be exported from any country that is a member of the European Economic Area to any other such country, if—
(i) the conditions applicable with respect to the first country under paragraphs (1), (2), (3), (4), (6), and (7) are met by each subsequent country from which the controlled substance is exported pursuant to this paragraph; and
(ii) the conditions applicable with respect to the second country under paragraphs (1), (2), (3), (4), (6), and (7) are met by each subsequent country to which the controlled substance is exported pursuant to this paragraph.
(6)
(A) Within 30 days after the controlled substance is exported from the first country to the second country, the person who exported the controlled substance from the United States delivers to the Attorney General documentation certifying that such export from the first country has occurred.
(B) In the case of re-exportation among members of the European Economic Area, within 30 days after each re-exportation, the person who exported the controlled substance from the United States delivers to the Attorney General—
(i) documentation certifying that such re-exportation has occurred; and
(ii) information concerning the consignee, country, and product.
(7) A permit to export the controlled substance from the United States has been issued by the Attorney General.
**(g) Limitation** Subject to paragraphs (5) and (6) of subsection (f) in the case of any controlled substance in schedule I or II or any narcotic drug in schedule III or IV, the Attorney General shall not promulgate nor enforce any regulation, subregulatory guidance, or enforcement policy which impedes re-exportation of any controlled substance among European Economic Area countries, including by promulgating or enforcing any requirement that—
(1) re-exportation from the first country to the second country or re-exportation from the second country to another country occur within a specified period of time; or
(2) information concerning the consignee, country, and product be provided prior to exportation of the controlled substance from the United States or prior to each re-exportation among members of the European Economic Area.
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Federal law — U.S. Code and appendices · legal_authorities
The Congress makes the following findings and declarations:
(1) The Congress has long recognized the danger involved in the manufacture, distribution, and use of certain psychotropic substances for nonscientific and nonmedical purposes, and has provided strong and effective legislation to control illicit trafficking and to regulate legitimate uses of psychotropic substances in this country. Abuse of psychotropic substances has become a phenomenon common to many countries, however, and is not confined to national borders. It is, therefore, essential that the United States cooperate with other nations in establishing effective controls over international traffic in such substances.
(2) The United States has joined with other countries in executing an international treaty, entitled the Convention on Psychotropic Substances and signed at Vienna, Austria, on February 21, 1971, which is designed to establish suitable controls over the manufacture, distribution, transfer, and use of certain psychotropic substances. The Convention is not self-executing, and the obligations of the United States thereunder may only be performed pursuant to appropriate legislation. It is the intent of the Congress that the amendments made by this Act, together with existing law, will enable the United States to meet all of its obligations under the Convention and that no further legislation will be necessary for that purpose.
(3) In implementing the Convention on Psychotropic Substances, the Congress intends that, consistent with the obligations of the United States under the Convention, control of psychotropic substances in the United States should be accomplished within the framework of the procedures and criteria for classification of substances provided in the Comprehensive Drug Abuse Prev
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** For purposes of this subchapter—
(1) The term “import” means, with respect to any article, any bringing in or introduction of such article into any area (whether or not such bringing in or introduction constitutes an importation within the meaning of the tariff laws of the United States).
(2) The term “customs territory of the United States” has the meaning assigned to such term by general note 2 of the Harmonized Tariff Schedule of the United States.
**(b)** Each term defined in [section 802 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section802&num=0&edition=prelim) shall have the same meaning for purposes of this subchapter as such term has for purposes of subchapter I.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Examination**
(1) **In general** — For purposes of ensuring compliance with the Customs laws of the United States and other laws enforced by the Customs Service, including the provisions of law described in paragraph (2), a Customs officer may, subject to the provisions of this section, stop and search at the border, without a search warrant, mail of domestic origin transmitted for export by the United States Postal Service and foreign mail transiting the United States that is being imported or exported by the United States Postal Service.
(2) **Provisions of law described** — The provisions of law described in this paragraph are the following:
(A) [Section 5316 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section5316&num=0&edition=prelim) (relating to reports on exporting and importing monetary instruments).
(B) Sections 1461, 1463, 1465, and 1466, and chapter 110 of title 18 (relating to obscenity and child pornography).
(C) [Section 953 of title 21](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section953&num=0&edition=prelim) (relating to exportation of controlled substances).
(D) The Export Administration Act of 1979 (50 U.S.C. App. 2401 et seq.).11 See References in Text note below.
(E) [Section 2778 of title 22](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2778&num=0&edition=prelim).
(F) The International Emergency Economic Powers Act ([50 U.S.C. 1701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1701&num=0&edition=prelim) et seq.).
**(b) Search of mail not sealed against inspection and other mail** Mail not sealed against inspection under the postal laws and regulations of the United States, mail which bears a Custo
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Federal law — U.S. Code and appendices · legal_authorities
The Congress makes the following findings and declarations:
(1) Many of the drugs included within this subchapter have a useful and legitimate medical purpose and are necessary to maintain the health and general welfare of the American people.
(2) The illegal importation, manufacture, distribution, and possession and improper use of controlled substances have a substantial and detrimental effect on the health and general welfare of the American people.
(3) A major portion of the traffic in controlled substances flows through interstate and foreign commerce. Incidents of the traffic which are not an integral part of the interstate or foreign flow, such as manufacture, local distribution, and possession, nonetheless have a substantial and direct effect upon interstate commerce because—
(A) after manufacture, many controlled substances are transported in interstate commerce,
(B) controlled substances distributed locally usually have been transported in interstate commerce immediately before their distribution, and
(C) controlled substances possessed commonly flow through interstate commerce immediately prior to such possession.
(4) Local distribution and possession of controlled substances contribute to swelling the interstate traffic in such substances.
(5) Controlled substances manufactured and distributed intrastate cannot be differentiated from controlled substances manufactured and distributed interstate. Thus, it is not feasible to distinguish, in terms of controls, between controlled substances manufactured and distributed interstate and controlled substances manufactured and distributed intrastate.
(6) Federal control of the intrastate incidents of the traffic in controlled substances is essential to the effective control of the interstate incidents
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The President is authorized to negotiate agreements which provide—
(1) that the United States shall carry out the provisions of part C of the Controlled Substances Act ([21 U.S.C. 821](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section821&num=0&edition=prelim) et seq.) as necessary to provide for the lawful distribution of controlled substances in the freely associated states; and
(2) that a freely associated state which institutes and maintains a voluntary system to report annual estimates of narcotics needs to the International Narcotics Control Board, and which imposes controls on imports of narcotic drugs consistent with the Single Convention on Narcotic Drugs, 1961, shall be eligible for exports of narcotic drugs from the United States in the same manner as a country meeting the requirements of subsection (a) of section 953 11 See References in Text note below. of title 21.
**(b) Effective date** Agreements concluded pursuant to this section shall become effective pursuant to [section 1901(f)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title48-section1901/f/5&num=0&edition=prelim) or [section 1931(d)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title48-section1931/d/5&num=0&edition=prelim), as may be applicable.
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Federal law — U.S. Code and appendices · legal_authorities
Page 894
TITLE 21—FOOD AND DRUGS
§ 953
apply for an increase in the amount of such
chemical that the registrant is authorized to
import, and the Attorney General may approve
the application if the Attorney General deter-
mines that the approval is necessary to provide
for medical, scientific, or other legitimate pur-
poses regarding the chemical.
(2) With respect to the application under para-
graph (1):
(A) Not later than 60 days after receiving the
application, the Attorney General shall ap-
prove or deny the application.
(B) In approving the application, the Attor-
ney General shall specify the period of time
for which the approval is in effect, or shall
provide that the approval is effective until the
registrant involved is notified in writing by
the Attorney General that the approval is ter-
minated.
(C) If the Attorney General does not approve
or deny the application before the expiration
of the 60-day period under subparagraph (A),
the application is deemed to be approved, and
such approval remains in effect until the At-
torney General notifies the registrant in writ-
ing that the approval is terminated.
(e) Reference to ephedrine, pseudoephedrine, or
phenylpropanolamine
Each reference in this section to ephedrine,
pseudoephedrine, or phenylpropanolamine in-
cludes each of the salts, optical isomers, and
salts of optical isomers of such chemical.
(Pub. L. 91–513, title III, § 1002, Oct. 27, 1970, 84
Stat. 1285; Pub. L. 95–633, title I, § 105, Nov. 10,
1978, 92 Stat. 3772; Pub. L. 98–473, title II,
§§ 519–521, Oct. 12, 1984, 98 Stat. 2075; Pub. L.
109–177, title VII, § 715, Mar. 9, 2006, 120 Stat. 264.)
Editorial Notes
REFERENCES IN TEXT
Schedules I, II, III, IV, and V, referred to in subsecs.
(a) and (b), are set out in section 812(
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