21 U.S.C. § 1904 — Blocking assets and prohibiting trans-

Page 995 TITLE 21—FOOD AND DRUGS § 1904 (2) Revocation of determination (A) Whenever the President finds that a for- eign person that has been publicly identified as a significant foreign narcotics trafficker in the report required under subsection (b) or this subsection no longer engages in those ac- tivities for which sanctions under this chapter may be applied, the President shall issue pub- lic notice of such a finding. (B) Not later than the date of the public no- tice issued pursuant to subparagraph (A), the President shall notify, in writing and in classi- fied or unclassified form, the Permanent Se- lect Committee on Intelligence, and the Com- mittees on the Judiciary, International Rela- tions, Armed Services, and Ways and Means of the House of Representatives, and the Select Committee on Intelligence, and the Commit- tees on the Judiciary, Foreign Relations, Armed Services, and Finance of the Senate of actions taken under this paragraph and a de- scription of the basis for such actions. (i) Protection of classified information in Federal court challenges relating to designations In any judicial review of a determination made under this section, if the determination was based on classified information (as defined in section 1(a) of the Classified Information Pro- cedures Act) such information may be submitted to the reviewing court ex parte and in camera. This subsection does not confer or imply any right to judicial review. (Pub. L. 106–120, title VIII, § 804, Dec. 3, 1999, 113 Stat. 1626; Pub. L. 114–198, title VIII, § 801, July 22, 2016, 130 Stat. 755.) Editorial Notes REFERENCES IN TEXT The National Security Act of 1947, referred to in sub- sec. (d)(3), is act July 26, 1947, ch. 343, 61 Stat. 495, which was formerly classified principally to chapter 15 (§ 401 et seq.) of Title 50, War and National Defense, prior to editorial reclassification in Title 50, and is now classified principally to chapter 44 (§ 3001 et seq.) of Title 50. For complete classification of this Act to the Code, see Tables. Section 1(a) of the Classified Information Procedures Act, referred to in subsec. (i), 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. AMENDMENTS 2016—Subsec. (i). Pub. L. 114–198 added subsec. (i). Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on International Relations of House of Representatives changed to Committee on Foreign Af- fairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the intelligence com- munity deemed to be a reference to the Director of Na- tional Intelligence. Reference to the Director of Cen- tral Intelligence or the Director of the Central Intel- ligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a ref- erence to the Director of the Central Intelligence Agen- cy. See section 1081(a), (b) of Pub. L. 108–458, set out as a note under section 3001 of Title 50, War and National Defense. Executive Documents DELEGATION OF FUNCTIONS For delegation of Congressional reporting functions of President under subsec. (d) of this section, see sec- tion 1 of Ex. Ord. No. 13313, July 31, 2003, 68 F.R. 46075, set out as a note under section 301 of Title 3, The Presi- dent. DELEGATION OF FUNCTIONS UNDER SECTION 804(h)(2)(A) OF THE FOREIGN NARCOTICS KINGPIN DESIGNATION ACT Memorandum of President of the United States, May 31, 2013, 78 F.R. 33943, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, I hereby delegate the functions conferred upon the President by section 804(h)(2)(A) of the Foreign Narcotics Kingpin Designation Act (21 U.S.C. 1903(h)(2)(A)), to the Secretary of the Treasury. You are authorized and directed to publish this memorandum in the Federal Register. BARACK OBAMA. DELEGATION OF FUNCTIONS UNDER THE FOREIGN NARCOTICS KINGPIN DESIGNATION ACT Memorandum of President of the United States, May 15, 2015, 80 F.R. 29201, provided: Memorandum for the Secretary of the Treasury By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, I hereby delegate the functions conferred upon the President by sections 804(b), (c), (g), and (h) of the Foreign Narcotics Kingpin Designation Act (21 U.S.C. 1903(b), (c), (g), and (h)), to the Secretary of the Treas- ury. You are authorized and directed to publish this memorandum in the Federal Register. BARACK OBAMA. § 1904. Blocking assets and prohibiting trans- actions (a) Applicability of sanctions A significant foreign narcotics trafficker pub- licly identified in the report required under sub- section (b) or (h)(1) of section 1903 of this title and foreign persons designated by the Secretary of the Treasury pursuant to subsection (b) of this section shall be subject to any and all sanc- tions as authorized by this chapter. The applica- tion of sanctions on any foreign person pursuant to subsection (b) or (h)(1) of section 1903 of this title or subsection (b) of this section shall re- main in effect until revoked pursuant to section 1903(h)(2) of this title or subsection (e)(1)(A) of this section or waived pursuant to section 1903(g)(1) of this title. (b) Blocking of assets Except to the extent provided in regulations, orders, instructions, licenses, or directives issued pursuant to this chapter, and notwith- standing any contract entered into or any li- cense or permit granted prior to the date on which the President submits the report required under subsection (b) or (h)(1) of section 1903 of this title, there are blocked as of such date, and any date thereafter, all such property and inter- ests in property within the United States, or within the possession or control of any United States person, which are owned or controlled by— (1) any significant foreign narcotics traf- ficker publicly identified by the President in Page 996 TITLE 21—FOOD AND DRUGS § 1905 the report required under subsection (b) or (h)(1) of section 1903 of this title; (2) any foreign person that the Secretary of the Treasury, in consultation with the Attor- ney General, the Director of Central Intel- ligence, the Director of the Federal Bureau of Investigation, the Administrator of the Drug Enforcement Administration, the Secretary of Defense, and the Secretary of State, des- ignates as materially assisting in, or providing financial or technological support for or to, or providing goods or services in support of, the international narcotics trafficking activities of a significant foreign narcotics trafficker so identified in the report required under sub- section (b) or (h)(1) of section 1903 of this title, or foreign persons designated by the Secretary of the Treasury pursuant to this subsection; (3) any foreign person that the Secretary of the Treasury, in consultation with the Attor- ney General, the Director of Central Intel- ligence, the Director of the Federal Bureau of Investigation, the Administrator of the Drug Enforcement Administration, the Secretary of Defense, and the Secretary of State, des- ignates as owned, controlled, or directed by, or acting for or on behalf of, a significant foreign narcotics trafficker so identified in the report required under subsection (b) or (h)(1) of sec- tion 1903 of this title, or foreign persons des- ignated by the Secretary of the Treasury pur- suant to this subsection; and (4) any foreign person that the Secretary of the Treasury, in consultation with the Attor- ney General, the Director of Central Intel- ligence, the Director of the Federal Bureau of Investigation, the Administrator of the Drug Enforcement Administration, the Secretary of Defense, and the Secretary of State, des- ignates as playing a significant role in inter- national narcotics trafficking. (c) Prohibited transactions Except to the extent provided in regulations, orders, instructions, licenses, or directives issued pursuant to this chapter, and notwith- standing any contract entered into or any li- cense or permit granted prior to the date on which the President submits the report required under subsection (b) or (h)(1) of section 1903 of this title, the following transactions are prohib- ited: (1) Any transaction or dealing by a United States person, or within the United States, in property or interests in property of any sig- nificant foreign narcotics trafficker so identi- fied in the report required pursuant to sub- section (b) or (h)(1) of section 1903 of this title, and foreign persons designated by the Sec- retary of the Treasury pursuant to subsection (b) of this section. (2) Any transaction or dealing by a United States person, or within the United States, that evades or avoids, or has the effect of evading or avoiding, and any endeavor, at- tempt, or conspiracy to violate, any of the prohibitions contained in this chapter. (d) Law enforcement and intelligence activities not affected Nothing in this chapter prohibits or otherwise limits the authorized law enforcement or intel- ligence activities of the United States, or the law enforcement activities of any State or sub- division thereof. (e) Implementation (1) The Secretary of the Treasury, in consulta- tion with the Attorney General, the Director of Central Intelligence, the Director of the Federal Bureau of Investigation, the Administrator of the Drug Enforcement Administration, the Sec- retary of Defense, and the Secretary of State, is authorized to take such actions as may be nec- essary to carry out this chapter, including— (A) making those designations authorized by paragraphs (2), (3), and (4) of subsection (b) of this section and revocation thereof; (B) promulgating rules and regulations per- mitted under this chapter; and (C) employing all powers conferred on the Secretary of the Treasury under this chapter. (2) Each agency of the United States shall take all appropriate measures within its author- ity to carry out the provisions of this chapter. (3) Section 552(a)(3) of title 5 shall not apply to any record or information obtained or created in the implementation of this chapter. (Pub. L. 106–120, title VIII, § 805, Dec. 3, 1999, 113 Stat. 1629; Pub. L. 107–108, title III, § 307, Dec. 28, 2001, 115 Stat. 1399.) Editorial Notes AMENDMENTS 2001—Subsec. (f). Pub. L. 107–108 struck out heading and text of subsec. (f). Text read as follows: ‘‘The deter- minations, identifications, findings, and designations made pursuant to section 1903 of this title and sub- section (b) of this section shall not be subject to judi- cial review.’’ Statutory Notes and Related Subsidiaries CHANGE OF NAME Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the intelligence com- munity deemed to be a reference to the Director of Na- tional Intelligence. Reference to the Director of Cen- tral Intelligence or the Director of the Central Intel- ligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a ref- erence to the Director of the Central Intelligence Agen- cy. See section 1081(a), (b) of Pub. L. 108–458, set out as a note under section 3001 of Title 50, War and National Defense. § 1905. Authorities (a) In general To carry out the purposes of this chapter, the Secretary of the Treasury may, under such regu- lations as he may prescribe, by means of in- structions, licenses, or otherwise— (1) investigate, regulate, or prohibit— (A) any transactions in foreign exchange, currency, or securities; and (B) transfers of credit or payments be- tween, by, through, or to any banking insti- tution, to the extent that such transfers or payments involve any interests of any for- eign country or a national thereof; and (2) investigate, block during the pendency of an investigation, regulate, direct and compel,