21 U.S.C. § 2312 — Imposition of sanctions

Page 1024 TITLE 21—FOOD AND DRUGS § 2312 shall submit the reports required by subsections (a) and (b) to the appropriate congressional com- mittees and leadership. (d) Exclusion of certain information (1) Intelligence Notwithstanding any other provision of this section, a report required by subsection (a) or (b) shall not disclose the identity of any per- son if the Director of National Intelligence de- termines that such disclosure could com- promise an intelligence operation, activity, source, or method of the United States. (2) Law enforcement Notwithstanding any other provision of this section, a report required by subsection (a) or (b) shall not disclose the identity of any per- son if the Attorney General, in coordination, as appropriate, with the Director of the Fed- eral Bureau of Investigation, the Adminis- trator of the Drug Enforcement Administra- tion, the Secretary of the Treasury, the Sec- retary of State, and the head of any other ap- propriate Federal law enforcement agency, de- termines that such disclosure could reason- ably be expected— (A) to compromise the identity of a con- fidential source, including a State, local, or foreign agency or authority or any private institution that furnished information on a confidential basis; (B) to jeopardize the integrity or success of an ongoing criminal investigation or pros- ecution; (C) to endanger the life or physical safety of any person; or (D) to cause substantial harm to physical property. (3) Notification required If the Director of National Intelligence makes a determination under paragraph (1) or the Attorney General makes a determination under paragraph (2), the Director or the Attor- ney General, as the case may be, shall notify the appropriate congressional committees and leadership of the determination and the rea- sons for the determination. (4) Rule of construction Nothing in this section may be construed to authorize or compel the disclosure of informa- tion determined by the President to be law en- forcement information, classified information, national security information, or other infor- mation the disclosure of which is prohibited by any other provision of law. (e) Provision of information required for reports The Secretary of the Treasury, the Attorney General, the Secretary of Defense, the Secretary of State, the Secretary of Homeland Security, and the Director of National Intelligence shall consult among themselves and provide to the President and the Director of the Office of Na- tional Drug Control Policy the appropriate and necessary information to enable the President to submit the reports required by subsection (a). (Pub. L. 116–92, div. F, title LXXII, § 7211, Dec. 20, 2019, 133 Stat. 2263.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in subsecs. (a)(1)(B), (3) and (b)(1)(A), (C), was in the original ‘‘this subtitle’’, meaning subtitle A (§§ 7211–7217) of title LXXII of div. F of Pub. L. 116–92, which is classified principally to this subchapter. For complete classification of subtitle A to the Code, see Tables. The National Security Act of 1947, referred to in sub- sec. (b)(2), is act July 26, 1947, ch. 343, 61 Stat. 495, which is classified principally to chapter 44 (§ 3001 et seq.) of Title 50, War and National Defense. For com- plete classification of this Act to the Code, see Tables. Executive Documents DELEGATION OF CERTAIN FUNCTIONS AND AUTHORITIES UNDER THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2020 Memorandum of President of the United States, Mar. 31, 2020, 85 F.R. 22343, provided: Memorandum for the Secretary of State[,] the Sec- retary of the Treasury[,] the Secretary of Defense[, and] the Director of National Drug Control Policy 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 order as follows: SECTION 1. (a) I hereby delegate to the Secretary of State the functions and authorities vested in the Presi- dent by section 7426 of the National Defense Authoriza- tion Act for Fiscal Year 2020 (Public Law 116–92) (the ‘‘Act’’) [22 U.S.C. 8791 note]. (b) I hereby delegate to the Secretary of State, in consultation with the Secretary of the Treasury, the functions and authorities vested in the President by the following provisions of the Act: (i) section 7214 [21 U.S.C. 2314]; (ii) section 7413 [22 U.S.C. 8791 note]; (iii) section 7431 [22 U.S.C. 8791 note]; and (iv) section 7432 [22 U.S.C. 8791 note]. (c) I hereby delegate to the Secretary of State, in consultation with the Secretary of the Treasury and the Director of National Drug Control Policy, the func- tions and authorities vested in the President by section 7211(a)(1)(C) of the Act [21 U.S.C. 2311(a)(1)(C)]. (d) I hereby delegate to the Secretary of the Treas- ury, in consultation with the Secretary of State, the functions and authorities vested in the President by the following provisions of the Act: (i) section 7211(a)(1)(A)–(B) [21 U.S.C. 2311(a)(1)(A), (B)]; (ii) section 7211(a)(2)–(3) [21 U.S.C. 2311(a)(2), (3)]; (iii) section 7211(b) [21 U.S.C. 2311(b)]; (iv) section 7211(c) [21 U.S.C. 2311(c)]; (v) section 7212 [21 U.S.C. 2312]; (vi) section 7213(a)(4)–(9) [21 U.S.C. 2313(a)(4) to (9)]; (vii) section 7213(d) [21 U.S.C. 2313(d)]; (viii) section 7215(a) [21 U.S.C. 2315(a)]; (ix) section 7233 [21 U.S.C. 2333]; (x) section 7412(a) [22 U.S.C. 8791 note]; and (xi) section 7412(b)(1)(A) [22 U.S.C. 8791 note]. (e) I hereby delegate to the Secretary of the Treasury the functions and authorities vested in the President by section 7433 of the Act [22 U.S.C. 8791 note]. (f) I hereby delegate to the Secretary of State and the Secretary of Defense the functions and authorities vested in the President by section 7423 of the Act [22 U.S.C. 8791 note]. SEC. 2. The delegations in this memorandum shall apply to any provisions of any future public laws that are the same or substantially the same as those provi- sions referenced in this memorandum. SEC. 3. The Secretary of State is authorized and di- rected to publish this memorandum in the Federal Reg- ister. DONALD J. TRUMP. § 2312. Imposition of sanctions The President shall impose five or more of the sanctions described in section 2313 of this title Page 1025 TITLE 21—FOOD AND DRUGS § 2313 with respect to each foreign person that is an entity, and four or more of such sanctions with respect to each foreign person that is an indi- vidual, that— (1) is identified as a foreign opioid trafficker in a report submitted under section 2311(a) of this title; or (2) the President determines is owned, con- trolled, directed by, knowingly supplying or sourcing precursors for, or knowingly acting for or on behalf of, such a foreign opioid traf- ficker. (Pub. L. 116–92, div. F, title LXXII, § 7212, Dec. 20, 2019, 133 Stat. 2265.) 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)(v) 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. § 2313. Description of sanctions (a) In general The sanctions that may be imposed with re- spect to a foreign person under section 2312 of this title are the following: (1) Loans from United States financial institu- tions The United States Government may prohibit any United States financial institution from making loans or providing credits to the for- eign person. (2) Prohibitions on financial institutions The following prohibitions may be imposed with respect to a foreign person that is a fi- nancial institution: (A) Prohibition on designation as primary dealer Neither the Board of Governors of the Fed- eral Reserve System nor the Federal Reserve Bank of New York may designate, or permit the continuation of any prior designation of, the financial institution as a primary dealer in United States Government debt instru- ments. (B) Prohibition on service as a repository of Government funds The financial institution may not serve as agent of the United States Government or serve as repository for United States Gov- ernment funds. The imposition of either sanction under sub- paragraph (A) or (B) shall be treated as one sanction for purposes of section 2312 of this title, and the imposition of both such sanc- tions shall be treated as 2 sanctions for pur- poses of that section. (3) Procurement ban The United States Government may not pro- cure, or enter into any contract for the pro- curement of, any goods or services from the foreign person. (4) Foreign exchange The President may, pursuant to such regula- tions as the President may prescribe, prohibit any transactions in foreign exchange that are subject to the jurisdiction of the United States and in which the foreign person has any interest. (5) Banking transactions The President may, pursuant to such regula- tions as the President may prescribe, prohibit any transfers of credit or payments between financial institutions or by, through, or to any financial institution, to the extent that such transfers or payments are subject to the juris- diction of the United States and involve any interest of the foreign person. (6) Property transactions The President may, pursuant to such regula- tions as the President may prescribe, prohibit any person from— (A) acquiring, holding, withholding, using, transferring, withdrawing, or transporting any property that is subject to the jurisdic- tion of the United States and with respect to which the foreign person has any interest; (B) dealing in or exercising any right, power, or privilege with respect to such property; or (C) conducting any transaction involving such property. (7) Ban on investment in equity or debt of sanctioned person The President may, pursuant to such regula- tions or guidelines as the President may pre- scribe, prohibit any United States person from investing in or purchasing significant amounts of equity or debt instruments of the foreign person. (8) Exclusion of corporate officers The President may direct the Secretary of State to deny a visa to, and the Secretary of Homeland Security to exclude from the United States, any alien that the President deter- mines is a corporate officer or principal of, or a shareholder with a controlling interest in, the foreign person. (9) Sanctions on principal executive officers The President may impose on the principal executive officer or officers of the foreign per- son, or on individuals performing similar func- tions and with similar authorities as such offi- cer or officers, any of the sanctions described in paragraphs (1) through (8) that are applica- ble. (b) Penalties A person that violates, attempts to violate, conspires to violate, or causes a violation of any regulation, license, or order issued to carry out subsection (a) shall be subject to the penalties set forth in subsections (b) and (c) of section 1705 of title 50 to the same extent as a person that commits an unlawful act described in subsection (a) of that section. (c) Exceptions (1) Intelligence and law enforcement activities Sanctions under this section shall not apply with respect to— (A) any activity subject to the reporting requirements under title V of the National