21 U.S.C. § 2403 — Criminal penalties and statute of limita-

Page 1033 TITLE 21—FOOD AND DRUGS § 2403 1 So in original. Term is not capitalized as used in this chapter. 118–50, Apr. 24, 2024, 138 Stat. 934, known as the Fentanyl Eradication and Narcotics Deterrence Off Fentanyl or the FEND Off Fentanyl Act, which is clas- sified principally to this chapter. For complete classi- fication of this Act to the Code, see Short Title note set out under section 2341 of this title and Tables. CHAPTER 29—INTERNATIONAL SPORTS DOPING Sec. 2401. Definitions. 2402. Major international doping fraud conspir- acies. 2403. Criminal penalties and statute of limitations. 2404. Coordination and sharing of information with USADA. § 2401. Definitions (1) Anti-doping organization The term ‘‘anti-doping organization’’ has the meaning given the term in Article 2 of the Con- vention. (2) Athlete The term ‘‘athlete’’ has the meaning given the term in Article 2 of the Convention. (3) Code The term ‘‘Code’’ means the World Anti- Doping Code most recently adopted by WADA on March 5, 2003. (4) Convention The term ‘‘Convention’’ means the United Na- tions Educational, Scientific, and Cultural Orga- nization International Convention Against Doping in Sport done at Paris October 19, 2005, and ratified by the United States in 2008. (5) Major international sport competition The term ‘‘Major International Sport Com- petition’’— 1 (A) means a competition— (i) in which one or more United States ath- letes and three or more athletes from other countries participate; (ii) that is governed by the anti-doping rules and principles of the Code; and (iii) in which— (I) the competition organizer or sanc- tioning body receives sponsorship or other financial support from an organization doing business in the United States; or (II) the competition organizer or sanc- tioning body receives compensation for the right to broadcast the competition in the United States; and (B) includes a competition that is a single event or a competition that consists of a se- ries of events held at different times which, when combined, qualify an athlete or team for an award or other recognition. (6) Person The term ‘‘person’’ means any individual, partnership, corporation, association, or other entity. (7) Prohibited method The term ‘‘prohibited method’’ has the mean- ing given the term in Article 2 of the Conven- tion. (8) Prohibited substance The term ‘‘prohibited substance’’ has the meaning given the term in Article 2 of the Con- vention. (9) Scheme in commerce The term ‘‘scheme in commerce’’ means any scheme effectuated in whole or in part through the use in interstate or foreign commerce of any facility for transportation or communication. (10) USADA The term ‘‘USADA’’ means the United States Anti-Doping Agency. (11) WADA The term ‘‘WADA’’ means the World Anti- Doping Agency. (Pub. L. 116–206, § 2, Dec. 4, 2020, 134 Stat. 998.) Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 116–206, § 1, Dec. 4, 2020, 134 Stat. 998, provided that: ‘‘This Act [enacting this chapter and amending section 3663A of Title 18, Crimes and Criminal Proce- dure] may be cited as the ‘Rodchenkov Anti-Doping Act of 2019’.’’ § 2402. Major international doping fraud conspir- acies (a) In general It shall be unlawful for any person, other than an athlete, to knowingly carry into effect, at- tempt to carry into effect, or conspire with any other person to carry into effect a scheme in commerce to influence by use of a prohibited substance or prohibited method any major inter- national sports competition. (b) Extraterritorial jurisdiction There is extraterritorial Federal jurisdiction over an offense under this section. (Pub. L. 116–206, § 3, Dec. 4, 2020, 134 Stat. 999.) § 2403. Criminal penalties and statute of limita- tions (a) In general (1) Criminal penalty Whoever violates section 2402 of this title shall be sentenced to a term of imprisonment for not more than 10 years, fined $250,000 if the person is an individual or $1,000,000 if the de- fendant is other than an individual, or both. (2) Forfeiture Any property real or personal, tangible or intangible, may be seized and criminally for- feited to the United States if that property— (A) is used or intended to be used, in any manner, to commit or facilitate a violation of section 2402 of this title; or (B) constitutes or is traceable to the pro- ceeds taken, obtained, or retained in connec- tion with or as a result of a violation of sec- tion 2402 of this title. (b) Limitation on prosecution (1) In general No person shall be prosecuted, tried, or pun- ished for violation of section 2402 of this title Page 1034 TITLE 21—FOOD AND DRUGS § 2404 unless the indictment is returned or the infor- mation is filed within 10 years after the date on which the offense was completed. (2) Tolling Upon application in the United States, filed before a return of an indictment, indicating that evidence of an offense under this chapter is in a foreign country, the district court be- fore which a grand jury is impaneled to inves- tigate the offense shall suspend the running of this statute of limitation for the offense if the court finds by a preponderance of the evidence that an official request has been made for such evidence and that it reasonably appears, or reasonably appeared at the time the request was made, that such evidence is, or was, in such foreign country. (Pub. L. 116–206, § 4, Dec. 4, 2020, 134 Stat. 999.) § 2404. Coordination and sharing of information with USADA Except as otherwise prohibited by law and ex- cept in cases in which the integrity of a crimi- nal investigation would be affected, in further- ance of the obligation of the United States under Article 7 of the Convention, the Depart- ment of Justice, the Department of Homeland Security, and the Food and Drug Administration shall coordinate with USADA with regard to any investigation related to a potential violation of section 2402 of this title, to include sharing with USADA all information in the possession of the Department of Justice, the Department of Homeland Security, or the Food and Drug Ad- ministration which may be relevant to any such potential violation. (Pub. L. 116–206, § 6, Dec. 4, 2020, 134 Stat. 1000.)