21 U.S.C. § 968 — Service of subpena; proof of service

Page 907 TITLE 21—FOOD AND DRUGS § 968 administrative and judicial proceedings under this subchapter, and to violations of this sub- chapter, to the same extent that such part ap- plies to functions of the Attorney General (and such officers and employees) under subchapter I, to such proceedings under subchapter I, and to violations of subchapter I. For purposes of the application of this section to section 880 or 881 of this title, any reference in such section 880 or 881 of this title to ‘‘this subchapter’’ shall be deemed to be a reference to this subchapter, any reference to section 823 of this title shall be deemed to be a reference to section 958 of this title, and any reference to section 822(d) of this title shall be deemed to be a reference to section 957(b)(2) of this title. (Pub. L. 91–513, title III, § 1015, Oct. 27, 1970, 84 Stat. 1291; Pub. L. 95–633, title III, § 301(b), Nov. 10, 1978, 92 Stat. 3778.) Editorial Notes AMENDMENTS 1978—Pub. L. 95–633 inserted ‘‘or 881’’ after ‘‘880’’ wherever appearing. Executive Documents TRANSFER OF FUNCTIONS For abolition of Bureau of Narcotics and Dangerous Drugs, including Office of Director thereof, and cre- ation of a single comprehensive agency for enforcement of drug laws by Reorg. Plan No. 2 of 1973, eff. July 1, 1973, 38 F.R. 15932, 87 Stat. 1091, see note set out under section 881 of this title. § 966. Authority of Secretary of the Treasury Nothing in this chapter shall derogate from the authority of the Secretary of the Treasury under the customs and related laws. (Pub. L. 91–513, title III, § 1016, Oct. 27, 1970, 84 Stat. 1291.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1236. For complete classification of this Act to the Code, see Short Title note set out under section 801 of this title and Tables. § 967. Smuggling of controlled substances; inves- tigations; oaths; subpenas; witnesses; evi- dence; production of records; territorial lim- its; fees and mileage of witnesses For the purpose of any investigation which, in the opinion of the Secretary of the Treasury, is necessary and proper to the enforcement of sec- tion 545 of title 18 (relating to smuggling goods into the United States) with respect to any con- trolled substance (as defined in section 802 of this title), the Secretary of the Treasury may administer oaths and affirmations, subpena wit- nesses, compel their attendance, take evidence, and require the production of records (including books, papers, documents and tangible things which constitute or contain evidence) relevant or material to the investigation. The attendance of witnesses and the production of records may be required from any place within the customs territory of the United States, except that a wit- ness shall not be required to appear at any hear- ing distant more than 100 miles from the place where he was served with subpena. Witnesses summoned by the Secretary shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. Oaths and affir- mations may be made at any place subject to the jurisdiction of the United States. (Aug. 11, 1955, ch. 800, § 1, 69 Stat. 684; Pub. L. 91–513, title III, § 1102(t), Oct. 27, 1970, 84 Stat. 1294.) Editorial Notes CODIFICATION Section was not enacted as part of the Comprehensive Drug Abuse Prevention and Control Act of 1970 which comprises this chapter. Section was formerly classified to section 1034 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97–258, § 1, Sept. 13, 1982, 96 Stat. 877. Section was also formerly classified to section 198a of this title. AMENDMENTS 1970—Pub. L. 91–513 substituted ‘‘section 545 of title 18 (relating to smuggling goods into the United States) with respect to any controlled substance (as defined in section 802 of this title)’’ for ‘‘the laws of the United States relating to narcotic drugs and marihuana’’ and substituted the customs territory of the United States for any State or any territory or other place subject to the jurisdiction of the United States is the defined area from within which the attendance of witnesses and the production of records may be required, and struck out provisions making the discretion of the Secretary of the Treasury the determinative factor as to what is rel- evant or material to the investigation. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91–513 effective on first day of seventh calendar month that begins after Oct. 26, 1970, see 1105(a) of Pub. L. 91–513, set out as an Effective Date note under section 951 of this title. SAVINGS PROVISION Prosecutions for any violation of law occurring, and civil seizures or forfeitures and injunctive proceedings commenced, prior to the effective date of amendment of this section by section 1102 of Pub. L. 91–513 not to be affected or abated by reason thereof, see section 1103 of Pub. L. 91–513, set out as a note under sections 171 to 174 of this title. § 968. Service of subpena; proof of service A subpena of the Secretary of the Treasury may be served by any person designated in the subpena to serve it. Service upon a natural per- son may be made by personal delivery of the subpena to him. Service may be made upon a do- mestic or foreign corporation or upon a partner- ship or other unincorporated association which is subject to suit under a common name, by de- livering the subpena to an officer, a managing or general agent, or to any other agent authorized by appointment or by law to receive service of process. The affidavit of the person serving the subpena entered on a true copy thereof by the person serving it shall be proof of service. (Aug. 11, 1955, ch. 800, § 2, 69 Stat. 685.) Page 908 TITLE 21—FOOD AND DRUGS § 969 Editorial Notes CODIFICATION Section was not enacted as part of the Comprehensive Drug Abuse Prevention and Control Act of 1970 which comprises this chapter. Section was formerly classified to section 1035 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97–258, § 1, Sept. 13, 1982, 96 Stat. 877. Section was also formerly classified to section 198b of this title. § 969. Contempt proceedings In case of contumacy by, or refusal to obey a subpena issued to, any person, the Secretary of the Treasury may invoke the aid of any court of the United States within the jurisdiction of which the investigation is carried on or of which the subpenaed person is an inhabitant, carries on business or may be found, to compel compli- ance with the subpena of the Secretary of the Treasury. The court may issue an order requir- ing the subpenaed person to appear before the Secretary of the Treasury there to produce records, if so ordered, or to give testimony touching the matter under investigation. Any failure to obey the order of the court may be punished by the court as a contempt thereof. All process in any such case may be served in the ju- dicial district whereof the subpenaed person is an inhabitant or wherever he may be found. (Aug. 11, 1955, ch. 800, § 3, 69 Stat. 685.) Editorial Notes CODIFICATION Section was not enacted as part of the Comprehensive Drug Abuse Prevention and Control Act of 1970 which comprises this chapter. Section was formerly classified to section 1036 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97–258, § 1, Sept. 13, 1982, 96 Stat. 877. Section was also formerly classified to section 198c of this title. § 970. Criminal forfeitures Section 853 of this title, relating to criminal forfeitures, shall apply in every respect to a vio- lation of this subchapter punishable by impris- onment for more than one year. (Pub. L. 91–513, title III, § 1017, as added Pub. L. 98–473, title II, § 307, Oct. 12, 1984, 98 Stat. 2051.) § 971. Notification, suspension of shipment, and penalties with respect to importation and ex- portation of listed chemicals (a) Notification prior to transaction Each regulated person who imports or exports a listed chemical shall notify the Attorney Gen- eral of the importation or exportation not later than 15 days before the transaction is to take place. (b) Regular customers or importers (1) The Attorney General shall provide by reg- ulation for circumstances in which the require- ment of subsection (a) does not apply to a trans- action between a regulated person and a regular customer or to a transaction that is an importa- tion by a regular importer. At the time of any importation or exportation constituting a trans- action referred to in the preceding sentence, the regulated person shall notify the Attorney Gen- eral of the transaction. (2) The regulations under this subsection shall provide that the initial notification under sub- section (a) with respect to a customer of a regu- lated person or to an importer shall, upon the expiration of the 15-day period, qualify the cus- tomer as a regular customer or the importer as a regular importer, unless the Attorney General otherwise notifies the regulated person in writ- ing. (c) Suspension of importation or exportation; disqualification of regular customers or im- porters; hearing (1) The Attorney General may order the sus- pension of any importation or exportation of a listed chemical (other than a regulated trans- action to which the requirement of subsection (a) does not apply by reason of subsection (b)) or may disqualify any regular customer or regular importer on the ground that the chemical may be diverted to the clandestine manufacture of a controlled substance (without regard to the form of the chemical that may be diverted, in- cluding the diversion of a finished drug product to be manufactured from bulk chemicals to be transferred). From and after the time when the Attorney General provides written notice of the order (including a statement of the legal and factual basis for the order) to the regulated per- son, the regulated person may not carry out the transaction. (2) Upon written request to the Attorney Gen- eral, a regulated person to whom an order ap- plies under paragraph (1) is entitled to an agen- cy hearing on the record in accordance with sub- chapter II of chapter 5 of title 5. The hearing shall be held on an expedited basis and not later than 45 days after the request is made, except that the hearing may be held at a later time, if so requested by the regulated person. (d) Information required in notice; updated no- tice for change in circumstances (1)(A) Information provided in a notice under subsection (a) or (b) shall include the name of the person to whom the importer or exporter in- volved intends to transfer the listed chemical involved, and the quantity of such chemical to be transferred. (B) In the case of a notice under subsection (b) submitted by a regular importer, if the trans- feree identified in the notice is not a regular customer, such importer may not transfer the listed chemical until after the expiration of the 15-day period beginning on the date on which the notice is submitted to the Attorney General. (C) After a notice under subsection (a) or (b) is submitted to the Attorney General, if cir- cumstances change and the importer or exporter will not be transferring the listed chemical to the transferee identified in the notice, or will be transferring a greater quantity of the chemical than specified in the notice, the importer or ex- porter shall update the notice to identify the most recent prospective transferee or the most recent quantity or both (as the case may be) and may not transfer the listed chemical until after