21 U.S.C. § 2335 — Exception relating to importation of

Page 1029 TITLE 21—FOOD AND DRUGS § 2335 of title LXXII of div. F of Pub. L. 116–92, which is clas- sified principally to subchapter I of this chapter. For complete classification of subtitle A to the Code, see Tables. AMENDMENTS 2022—Subsec. (c). Pub. L. 117–263, § 6811(h)(1), inserted ‘‘and briefings’’ after ‘‘Reports’’ in heading. Subsec. (c)(1). Pub. L. 117–263, § 6811(h)(2), substituted ‘‘Reports and briefings on program’’ for ‘‘Quarterly re- ports on program’’ in par. heading; designated existing provisions as subpar. (A) and inserted subpar. heading; in subpar. (A), substituted ‘‘annually’’ for ‘‘every 90 days’’, ‘‘year’’ for ‘‘90-day period’’, and ‘‘under this sub- paragraph’’ for ‘‘under this paragraph’’; and added sub- par. (B). § 2332. Authorization of appropriations (a) Department of the Treasury There are authorized to be appropriated to the Secretary of the Treasury such sums as may be necessary for fiscal year 2020 to carry out oper- ations and activities of the Department of the Treasury solely for purposes of carrying out this chapter. (b) Commission on Combating Synthetic Opioid Trafficking Of the amount authorized to be appropriated by section 1403 for fiscal year 2020 [133 Stat. 1711] and available for Drug Interdiction and Counter- Drug Activities, Defense-wide, as specified in the funding table in section 4501 [133 Stat. 2086], the Secretary of Defense may, notwithstanding section 2215 of title 10, transfer $5,000,000 to the Commission on Combating Synthetic Opioid Trafficking established under section 7221 [133 Stat. 2270] in order to carry out the duties of the Commission. (c) Supplement not supplant Amounts authorized to be appropriated by subsection (a) shall supplement and not sup- plant other amounts available to carry out oper- ations and activities described in such sub- sections. (d) Notification requirement Amounts authorized to be appropriated by subsection (a) may not be obligated until 15 days after the date on which the President notifies the appropriate committees of Congress of the President’s intention to obligate such funds. (e) Appropriate committees of Congress defined In this section, the term ‘‘appropriate com- mittees of Congress’’ means— (1) the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, the Select Committee on Intelligence, the Committee on the Judiciary, and the Com- mittee on Appropriations of the Senate; and (2) the Committee on Armed Services, the Committee on Financial Services, the Com- mittee on Foreign Affairs, the Permanent Se- lect Committee on Intelligence, the Com- mittee on Oversight and Reform, and the Com- mittee on Appropriations of the House of Rep- resentatives. (Pub. L. 116–92, div. F, title LXXII, § 7232, Dec. 20, 2019, 133 Stat. 2274.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), was in the original ‘‘this title’’, meaning title LXXII of div. F of Pub. L. 116–92, known as the Fentanyl Sanctions Act, which is classified principally to this chapter. For com- plete classification of this Act to the Code, see Tables. Sections 1403, 4501, and section 7221, referred to in subsec. (b), mean sections sections 1403, 4501, and sec- tion 7221 of Pub. L. 116–92, respectively, which are not classified to the Code. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Oversight and Reform of House of Rep- resentatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023. § 2333. Regulatory authority Not later than 90 days after December 20, 2019, the President shall issue such regulations as are necessary to carry out this chapter, including guidance with respect to what activities are in- cluded under the definition of ‘‘opioid traf- ficking’’ under section 2302(8) of this title. (Pub. L. 116–92, div. F, title LXXII, § 7233, Dec. 20, 2019, 133 Stat. 2275.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this title’’, meaning title LXXII of div. F of Pub. L. 116–92, known as the Fentanyl Sanctions Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2301 of this title and Tables. 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)(ix) 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. § 2334. Termination The provisions of this chapter, and any sanc- tions imposed pursuant to this chapter, shall terminate on the date that is 7 years after De- cember 20, 2019. (Pub. L. 116–92, div. F, title LXXII, § 7234, Dec. 20, 2019, 133 Stat. 2275.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this title’’, meaning title LXXII of div. F of Pub. L. 116–92, known as the Fentanyl Sanctions Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2301 of this title and Tables. § 2335. Exception relating to importation of goods (a) In general The authorities and requirements to impose sanctions under this chapter shall not include Page 1030 TITLE 21—FOOD AND DRUGS § 2341 the authority or a requirement to impose sanc- tions on the importation of goods. (b) Good defined In this section, the term ‘‘good’’ means any ar- ticle, natural or manmade substance, material, supply, or manufactured product, including in- spection and test equipment, and excluding technical data. (Pub. L. 116–92, div. F, title LXXII, § 7235, Dec. 20, 2019, 133 Stat. 2275.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), was in the original ‘‘this title’’, meaning title LXXII of div. F of Pub. L. 116–92, known as the Fentanyl Sanctions Act, which is classified principally to this chapter. For com- plete classification of this Act to the Code, see Short Title note set out under section 2301 of this title and Tables. CHAPTER 28A—FENTANYL ERADICATION AND NARCOTICS DETERRENCE OFF FENTANYL Sec. 2341. Definitions. SUBCHAPTER I—SANCTIONS IN RESPONSE TO NATIONAL EMERGENCY RELATING TO FENTANYL TRAFFICKING 2351. Finding; policy. 2352. Use of national emergency authorities; re- porting. 2353. Imposition of sanctions with respect to fentanyl trafficking by transnational crimi- nal organizations. 2354. Penalties; waivers; exceptions. 2355. Treatment of forfeited property of transnational criminal organizations. SUBCHAPTER II—ANTI-MONEY LAUNDERING MATTERS 2361. Treatment of transnational criminal organi- zations in suspicious transactions reports of the Financial Crimes Enforcement Net- work. SUBCHAPTER III—EXCEPTION RELATING TO IMPORTATION OF GOODS 2371. Exception relating to importation of goods. § 2341. Definitions In this chapter: (1) Appropriate congressional committees The term ‘‘appropriate congressional com- mittees’’ means— (A) the Committee on Banking, Housing, and Urban Affairs of the Senate; (B) the Committee on Foreign Relations of the Senate; (C) the Committee on Financial Services of the House of Representatives; and (D) the Committee on Foreign Affairs of the House of Representatives. (2) Foreign person The term ‘‘foreign person’’— (A) means— (i) any citizen or national of a foreign country; or (ii) any entity not organized under the laws of the United States or a jurisdiction within the United States; and (B) does not include the government of a foreign country. (3) Knowingly The term ‘‘knowingly’’, with respect to con- duct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result. (4) Trafficking The term ‘‘trafficking’’, with respect to fentanyl, fentanyl precursors, or other related opioids, has the meaning given the term ‘‘opioid trafficking’’ in section 2302(8) of this title. (5) Transnational criminal organization The term ‘‘transnational criminal organiza- tion’’ includes— (A) any organization designated as a sig- nificant transnational criminal organization under part 590 of title 31, Code of Federal Regulations; (B) any of the organizations known as— (i) the Sinaloa Cartel; (ii) the Jalisco New Generation Cartel; (iii) the Gulf Cartel; (iv) the Los Zetas Cartel; (v) the Juarez Cartel; (vi) the Tijuana Cartel; (vii) the Beltran-Leyva Cartel; or (viii) La Familia Michoacana; or (C) any successor organization to an orga- nization described in subparagraph (B) or as otherwise determined by the President. (6) United States person The term ‘‘United States person’’ means— (A) a United States citizen or an alien law- fully admitted for permanent residence to the United States; (B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity; or (C) any person in the United States. (Pub. L. 118–50, div. E, § 3003, Apr. 24, 2024, 138 Stat. 935.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in introductory provisions, was in the original ‘‘this division’’, meaning div. E of Pub. L. 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 below and Tables. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 118–50, div. E, § 3001, Apr. 24, 2024, 138 Stat. 934, provided that: ‘‘This division [enacting this chapter and section 2313a of this title and amending sections 1701 and 4315 of Title 50, War and National Defense] may be cited as the ‘Fentanyl Eradication and Nar- cotics Deterrence Off Fentanyl’ [sic; probably should be followed by ‘‘Act’’] or the ‘FEND Off Fentanyl Act’.’’