21 U.S.C. § 1903 — Public identification of significant foreign

Page 993 TITLE 21—FOOD AND DRUGS § 1903 chapter and section 7144 of Title 20, Education, and en- acting provisions set out as notes under this section, section 1703 of this title, section 6301 of Title 20, and section 3751 of Title 42, The Public Health and Welfare] may be cited as the ‘Drug Demand Reduction Act’.’’ Pub. L. 105–277, div. D, title I, § 101, Oct. 21, 1998, 112 Stat. 2681–752, which provided that subtitle A (§§ 101–105) of title I of div. D of Pub. L. 105–277, enacting this chap- ter, was to be cited as the ‘‘Drug-Free Media Campaign Act of 1998’’, was repealed by Pub. L. 109–469, title V, § 501(b), Dec. 29, 2006, 120 Stat. 3533. CHAPTER 24—INTERNATIONAL NARCOTICS TRAFFICKING Sec. 1901. Findings and policy. 1902. Purpose. 1903. Public identification of significant foreign narcotics traffickers and required reports. 1904. Blocking assets and prohibiting transactions. 1905. Authorities. 1906. Enforcement. 1907. Definitions. 1908. Judicial Review Commission on Foreign Asset Control. § 1901. Findings and policy (a) Findings Congress makes the following findings: (1) Presidential Decision Directive 42, issued on October 21, 1995, ordered agencies of the ex- ecutive branch of the United States Govern- ment to, inter alia, increase the priority and resources devoted to the direct and immediate threat international crime presents to na- tional security, work more closely with other governments to develop a global response to this threat, and use aggressively and cre- atively all legal means available to combat international crime. (2) Executive Order No. 12978 of October 21, 1995, provides for the use of the authorities in the International Emergency Economic Pow- ers Act (IEEPA) (50 U.S.C. 1701 et seq.) to tar- get and apply sanctions to four international narcotics traffickers and their organizations that operate from Colombia. (3) IEEPA was successfully applied to inter- national narcotics traffickers in Colombia and based on that successful case study, Congress believes similar authorities should be applied worldwide. (4) There is a national emergency resulting from the activities of international narcotics traffickers and their organizations that threatens the national security, foreign pol- icy, and economy of the United States. (b) Policy It shall be the policy of the United States to apply economic and other financial sanctions to significant foreign narcotics traffickers and their organizations worldwide to protect the na- tional security, foreign policy, and economy of the United States from the threat described in subsection (a)(4). (Pub. L. 106–120, title VIII, § 802, Dec. 3, 1999, 113 Stat. 1626.) Editorial Notes REFERENCES IN TEXT Executive Order No. 12978, referred to in subsec. (a)(2), is Ex. Ord. No. 12978, Oct. 21, 1995, 60 F.R. 54579, which is listed in a table under section 1701 of Title 50, War and National Defense. The International Emergency Economic Powers Act, referred to in subsec. (a)(2), is title II of Pub. L. 95–223, Dec. 28, 1977, 91 Stat. 1626, which is classified generally to chapter 35 (§ 1701 et seq.) of Title 50, War and Na- tional Defense. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of Title 50 and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 106–120, title VIII, § 811, Dec. 3, 1999, 113 Stat. 1636, provided that: ‘‘This title [see Short Title note set out below] shall take effect on the date of the enact- ment of this Act [Dec. 3, 1999].’’ SHORT TITLE Pub. L. 106–120, title VIII, § 801, Dec. 3, 1999, 113 Stat. 1626, provided that: ‘‘This title [enacting this chapter and amending section 1182 of Title 8, Aliens and Nation- ality] may be cited as the ‘Foreign Narcotics Kingpin Designation Act’.’’ § 1902. Purpose The purpose of this chapter is to provide au- thority for the identification of, and application of sanctions on a worldwide basis to, significant foreign narcotics traffickers, their organiza- tions, and the foreign persons who provide sup- port to those significant foreign narcotics traf- fickers and their organizations, whose activities threaten the national security, foreign policy, and economy of the United States. (Pub. L. 106–120, title VIII, § 803, Dec. 3, 1999, 113 Stat. 1626.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this title’’, meaning title VIII of Pub. L. 106–120, Dec. 3, 1999, 113 Stat. 1626, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1901 of this title and Tables. § 1903. Public identification of significant foreign narcotics traffickers and required reports (a) Provision of information to the President The Secretary of the Treasury, the Attorney General, the Secretary of Defense, the Secretary of State, and the Director of Central Intel- ligence shall consult among themselves and pro- vide the appropriate and necessary information to enable the President to submit the report under subsection (b). This information shall also be provided to the Director of the Office of Na- tional Drug Control Policy. (b) Public identification and sanctioning of sig- nificant foreign narcotics traffickers Not later than June 1, 2000, and not later than June 1 of each year thereafter, the President shall submit a report to the Permanent Select Committee on Intelligence, and the Committees on the Judiciary, International Relations, Armed Services, and Ways and Means of the House of Representatives; and to the Select Committee on Intelligence, and the Committees on the Judiciary, Foreign Relations, Armed Services, and Finance of the Senate— Page 994 TITLE 21—FOOD AND DRUGS § 1903 (1) identifying publicly the foreign persons that the President determines are appropriate for sanctions pursuant to this chapter; and (2) detailing publicly the President’s intent to impose sanctions upon these significant for- eign narcotics traffickers pursuant to this chapter. The report required in this subsection shall not include information on persons upon which United States sanctions imposed under this chapter, or otherwise on account of narcotics trafficking, are already in effect. (c) Unclassified report required The report required by subsection (b) shall be submitted in unclassified form and made avail- able to the public. (d) Classified report (1) Not later than July 1, 2000, and not later than July 1 of each year thereafter, the Presi- dent shall provide the Permanent Select Com- mittee on Intelligence of the House of Rep- resentatives and the Select Committee on Intel- ligence of the Senate with a report in classified form describing in detail the status of the sanc- tions imposed under this chapter, including the personnel and resources directed towards the imposition of such sanctions during the pre- ceding fiscal year, and providing background in- formation with respect to newly-identified sig- nificant foreign narcotics traffickers and their activities. (2) Such classified report shall describe actions the President intends to undertake or has under- taken with respect to such significant foreign narcotics traffickers. (3) The report required under this subsection is in addition to the President’s obligations to keep the intelligence committees of Congress fully and currently informed pursuant to the provisions of the National Security Act of 1947. (e) Exclusion of certain information (1) Intelligence Notwithstanding any other provision of this section, the reports described in subsections (b) and (d) shall not disclose the identity of any person, if the Director of Central Intel- ligence determines that such disclosure could compromise an intelligence operation, activ- ity, source, or method of the United States. (2) Law enforcement Notwithstanding any other provision of this section, the reports described in subsections (b) and (d) shall not disclose the name of any person if the Attorney General, in coordina- tion as appropriate with the Director of the Federal Bureau of Investigation, the Adminis- trator of the Drug Enforcement Administra- tion, and the Secretary of the Treasury, deter- mines that such disclosure could reasonably be expected to— (A) compromise the identity of a confiden- tial source, including a State, local, or for- eign agency or authority or any private in- stitution that furnished information on a confidential basis; (B) jeopardize the integrity or success of an ongoing criminal investigation or pros- ecution; (C) endanger the life or physical safety of any person; or (D) cause substantial harm to physical property. (f) Notification required (1) Whenever either the Director of Central In- telligence or the Attorney General makes a de- termination under subsection (e), the Director of Central Intelligence or the Attorney General shall notify the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate, and explain the reasons for such deter- mination. (2) The notification required under this sub- section shall be submitted to the Permanent Se- lect Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate not later than July 1, 2000, and on an annual basis thereafter. (g) Determinations not to apply sanctions (1) The President may waive the application to a significant foreign narcotics trafficker of any sanction authorized by this chapter if the Presi- dent determines that the application of sanc- tions under this chapter would significantly harm the national security of the United States. (2) When the President determines not to apply sanctions that are authorized by this chapter to any significant foreign narcotics traf- ficker, the President shall notify the Permanent Select 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 Committees on the Judiciary, Foreign Relations, Armed Services, and Finance of the Senate not later than 21 days after making such determination. (h) Changes in determinations to impose sanc- tions (1) Additional determinations (A) If at any time after the report required under subsection (b) the President finds that a foreign person is a significant foreign nar- cotics trafficker and such foreign person has not been publicly identified in a report re- quired under subsection (b), the President shall submit an additional public report con- taining the information described in sub- section (b) with respect to such foreign person to the Permanent Select Committee on Intel- ligence, and the Committees on the Judiciary, International Relations, Armed Services, and Ways and Means of the House of Representa- tives, and the Select Committee on Intel- ligence, and the Committees on the Judiciary, Foreign Relations, Armed Services, and Fi- nance of the Senate. (B) The President may apply sanctions au- thorized under this chapter to the significant foreign narcotics trafficker identified in the report submitted under subparagraph (A) as if the trafficker were originally included in the report submitted pursuant to subsection (b) of this section. (C) The President shall notify the Secretary of the Treasury of any determination made under this paragraph. 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