21 U.S.C. § 2313 — Description of sanctions

Page 1025 TITLE 21—FOOD AND DRUGS § 2313 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 indi- vidual, that— (1) is identified as a foreign opioid trafficker in a report submitted under section 2311(a) of this title; or (2) the President determines is owned, con- trolled, directed by, knowingly supplying or sourcing precursors for, or knowingly acting for or on behalf of, such a foreign opioid traf- ficker. (Pub. L. 116–92, div. F, title LXXII, § 7212, Dec. 20, 2019, 133 Stat. 2265.) Executive Documents DELEGATION OF FUNCTIONS Functions and authorities of President under this section delegated to Secretary of the Treasury, in con- sultation with the Secretary of State, by section 1(d)(v) 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. § 2313. Description of sanctions (a) In general The sanctions that may be imposed with re- spect to a foreign person under section 2312 of this title are the following: (1) Loans from United States financial institu- tions The United States Government may prohibit any United States financial institution from making loans or providing credits to the for- eign person. (2) Prohibitions on financial institutions The following prohibitions may be imposed with respect to a foreign person that is a fi- nancial institution: (A) Prohibition on designation as primary dealer Neither the Board of Governors of the Fed- eral 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 instru- ments. (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 Gov- ernment funds. The imposition of either sanction under sub- paragraph (A) or (B) shall be treated as one sanction for purposes of section 2312 of this title, and the imposition of both such sanc- tions shall be treated as 2 sanctions for pur- poses of that section. (3) Procurement ban The United States Government may not pro- cure, or enter into any contract for the pro- curement of, any goods or services from the foreign person. (4) Foreign exchange The President may, pursuant to such regula- tions 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 regula- tions 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 juris- diction of the United States and involve any interest of the foreign person. (6) Property transactions The President may, pursuant to such regula- tions 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 jurisdic- tion 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 regula- tions or guidelines as the President may pre- scribe, 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 deter- mines 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 per- son, or on individuals performing similar func- tions and with similar authorities as such offi- cer or officers, any of the sanctions described in paragraphs (1) through (8) that are applica- ble. (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 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 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- tioned persons as of primary money laun- dering concern (a) In general If the Secretary of the Treasury determines that reasonable grounds exist for concluding that 1 or more financial institutions operating outside of the United States, 1 or more classes of transactions within, or involving, a jurisdiction outside of the United States, or 1 or more types of accounts within, or involving, a jurisdiction outside of the United States, is of primary money laundering concern in connection with il- licit opioid trafficking, the Secretary of the Treasury may, by order, regulation, or other- wise as permitted by law— (1) require domestic financial institutions and domestic financial agencies to take 1 or more of the special measures provided for in section 9714(a)(1) of the National Defense Au- thorization Act for Fiscal Year 2021 (Public Law 116–283; 31 U.S.C. 5318A note); or (2) prohibit, or impose conditions upon, cer- tain transmittals of funds (to be defined by the Secretary) by any domestic financial insti- tution or domestic financial agency, if such transmittal of funds involves any such institu- tion, class of transaction, or type of accounts. (b) Classified information In any judicial review of a finding of the exist- ence of a primary money laundering concern, or of the requirement for 1 or more special meas- ures with respect to a primary money laun- dering concern made under this section, if the designation or imposition, or both, were based on classified information (as defined in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App.)), such information may be submitted by the Secretary to the reviewing court ex parte and in camera. This subsection does not confer or imply any right to judicial re- view of any finding made or any requirement imposed under this section. (c) Availability of information The exemptions from, and prohibitions on, search and disclosure referred to in section 9714(c) of the National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 31 U.S.C. 5318A note) shall apply to any report or record of report filed pursuant to a requirement imposed under subsection (a). For purposes of section 552 of title 5, this subsection shall be considered a statute described in subsection (b)(3)(B) of such section. (d) Penalties The penalties referred to in section 9714(d) of the National Defense Authorization Act for Fis- cal Year 2021 (Public Law 116–283; 31 U.S.C. 5318A note) shall apply to violations of any order, reg- ulation, special measure, or other requirement imposed under subsection (a), in the same man- ner and to the same extent as described in such section 9714(d). (e) Injunctions The Secretary of the Treasury may bring a civil action to enjoin a violation of any order, regulation, special measure, or other require- ment imposed under subsection (a) in the same manner and to the same extent as described in section 9714(e) of the National Defense Author- ization Act for Fiscal Year 2021 (Public Law 116–283; 31 U.S.C. 5318A note). (Pub. L. 116–92, div. F, title LXXII, § 7213A, as added Pub. L. 118–50, div. E, title II, § 3201(a), Apr. 24, 2024, 138 Stat. 940.) Editorial Notes REFERENCES IN TEXT Section 1(a) of the Classified Information Procedures Act, referred to in subsec. (b), is section 1(a) of Pub. L. 96–456, Oct. 15, 1980, 94 Stat. 2025, which is set out in the Appendix to Title 18, Crimes and Criminal Procedure. § 2314. Waivers (a) Waiver for state-owned entities in countries that cooperate in multilateral anti-traf- ficking efforts (1) In general The President may waive for a period of not more than 12 months the application of sanc-