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CITE

    21 USC Sec. 953                                             01/05/2009

EXPCITE

    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER II - IMPORT AND EXPORT

HEAD

    Sec. 953. Exportation of controlled substances

STATUTE

    (a) Narcotic drugs in schedule I, II, III, or IV
      It shall be unlawful to export from the United States any
    narcotic drug in schedule I, II, III, or IV unless -
        (1) it is exported to a country which is a party to -
          (A) the International Opium Convention of 1912 for the
        Suppression of the Abuses of Opium, Morphine, Cocaine, and
        Derivative Drugs, or to the International Opium Convention
        signed at Geneva on February 19, 1925; or
          (B) the Convention for Limiting the Manufacture and
        Regulating the Distribution of Narcotic Drugs concluded at
        Geneva, July 13, 1931, as amended by the protocol signed at
        Lake Success on December 11, 1946, and the protocol bringing
        under international control drugs outside the scope of the
        convention of July 13, 1931, for limiting the manufacture and
        regulating the distribution of narcotic drugs (as amended by
        the protocol signed at Lake Success on December 11, 1946),
        signed at Paris, November 19, 1948; or
          (C) the Single Convention on Narcotic Drugs, 1961, signed at
        New York, March 30, 1961;
        (2) such country has instituted and maintains, in conformity
      with the conventions to which it is a party, a system for the
      control of imports of narcotic drugs which the Attorney General
      deems adequate;
        (3) the narcotic drug is consigned to a holder of such permits
      or licenses as may be required under the laws of the country of
      import, and a permit or license to import such drug has been
      issued by the country of import;
        (4) substantial evidence is furnished to the Attorney General
      by the exporter that (A) the narcotic drug is to be applied
      exclusively to medical or scientific uses within the country of
      import, and (B) there is an actual need for the narcotic drug for
      medical or scientific uses within such country; and
        (5) a permit to export the narcotic drug in each instance has
      been issued by the Attorney General.
    (b) Exception for exportation for special scientific purposes
      Notwithstanding subsection (a) of this section, the Attorney
    General may authorize any narcotic drug (including crude opium and
    coca leaves) in schedule I, II, III, or IV to be exported from the
    United States to a country which is a party to any of the
    international instruments mentioned in subsection (a) of this
    section if the particular drug is to be applied to a special
    scientific purpose in the country of destination and the
    authorities of such country will permit the importation of the
    particular drug for such purpose.
    (c) Nonnarcotic controlled substances in schedule I or II
      It shall be unlawful to export from the United States any
    nonnarcotic controlled substance in schedule I or II unless -
        (1) it is exported to a country which has instituted and
      maintains a system which the Attorney General deems adequate for
      the control of imports of such substances;
        (2) the controlled substance is consigned to a holder of such
      permits or licenses as may be required under the laws of the
      country of import;
        (3) substantial evidence is furnished to the Attorney General
      that (A) the controlled substance is to be applied exclusively to
      medical, scientific, or other legitimate uses within the country
      to which exported, (B) it will not be exported from such country,
      and (C) there is an actual need for the controlled substance for
      medical, scientific, or other legitimate uses within the country;
      and
        (4) a permit to export the controlled substance in each
      instance has been issued by the Attorney General.
    (d) Exception for exportation for special scientific purposes
      Notwithstanding subsection (c) of this section, the Attorney
    General may authorize any nonnarcotic controlled substance in
    schedule I or II to be exported from the United States if the
    particular substance is to be applied to a special scientific
    purpose in the country of destination and the authorities of such
    country will permit the importation of the particular drug for such
    purpose.
    (e) Nonnarcotic controlled substances in schedule III or IV;
      controlled substances in schedule V
      It shall be unlawful to export from the United States to any
    other country any nonnarcotic controlled substance in schedule III
    or IV or any controlled substances in schedule V unless -
        (1) there is furnished (before export) to the Attorney General
      documentary proof that importation is not contrary to the laws or
      regulations of the country of destination for consumption for
      medical, scientific, or other legitimate purposes;
        (2) it is exported pursuant to such notification or
      declaration, or in the case of any nonnarcotic controlled
      substance in schedule III, such export permit, notification, or
      declaration as the Attorney General may by regulation prescribe;
      and
        (3) in the case of a nonnarcotic controlled substance in
      schedule IV or V which is also listed in schedule I or II of the
      Convention on Psychotropic Substances, it is exported pursuant to
      such export permit requirements, prescribed by regulation of the
      Attorney General, as are required by the Convention.
    (f) Exception for exportation for subsequent export
      Notwithstanding subsections (a)(4) and (c)(3) of this section,
    the Attorney General may authorize any controlled substance that is
    in schedule I or II, or is a narcotic drug in schedule III or IV,
    to be exported from the United States to a country for subsequent
    export from that country to another country, if each of the
    following conditions is met:
        (1) Both the country to which the controlled substance is
      exported from the United States (referred to in this subsection
      as the "first country") and the country to which the controlled
      substance is exported from the first country (referred to in this
      subsection as the "second country") are parties to the Single
      Convention on Narcotic Drugs, 1961, and the Convention on
      Psychotropic Substances, 1971.
        (2) The first country and the second country have each
      instituted and maintain, in conformity with such Conventions, a
      system of controls of imports of controlled substances which the
      Attorney General deems adequate.
        (3) With respect to the first country, the controlled substance
      is consigned to a holder of such permits or licenses as may be
      required under the laws of such country, and a permit or license
      to import the controlled substance has been issued by the
      country.
        (4) With respect to the second country, substantial evidence is
      furnished to the Attorney General by the person who will export
      the controlled substance from the United States that -
          (A) the controlled substance is to be consigned to a holder
        of such permits or licenses as may be required under the laws
        of such country, and a permit or license to import the
        controlled substance is to be issued by the country; and
          (B) the controlled substance is to be applied exclusively to
        medical, scientific, or other legitimate uses within the
        country.
        (5) The controlled substance will not be exported from the
      second country.
        (6) Within 30 days after the controlled substance is exported
      from the first country to the second country, the person who
      exported the controlled substance from the United States delivers
      to the Attorney General documentation certifying that such export
      from the first country has occurred.
        (7) A permit to export the controlled substance from the United
      States has been issued by the Attorney General.

SOURCE

    (Pub. L. 91-513, title III, Sec. 1003, Oct. 27, 1970, 84 Stat.
    1286; Pub. L. 95-633, title I, Sec. 106, Nov. 10, 1978, 92 Stat.
    3772; Pub. L. 98-473, title II, Sec. 522, Oct. 12, 1984, 98 Stat.
    2076; Pub. L. 109-57, Sec. 1(b), Aug. 2, 2005, 119 Stat. 592.)

REFERENCES IN TEXT

      Schedules I, II, III, IV and V, referred to in text, are set out
    in section 812(c) of this title.

AMENDMENTS

      2005 - Subsec. (f). Pub. L. 109-57 added subsec. (f).
      1984 - Subsec. (e). Pub. L. 98-473 in cl. (1) inserted provisions
    for consumption for medical, etc., purposes, added cls. (2) and
    (3), and struck out former cls. (2) to (4), respectively, relating
    to a special controlled substance invoice, two additional copies of
    the invoice, and exportation of a nonnarcotic controlled substance
    in schedule III, IV, or V, also listed in schedule I or II of the
    Convention.
      1978 - Subsec. (e)(4). Pub. L. 95-633 added par. (4).
                     EFFECTIVE DATE OF 1978 AMENDMENT
      Amendment by Pub. L. 95-633 effective on date the Convention on
    Psychotropic Substances enters into force in the United States
    [July 15, 1980], see section 112 of Pub. L. 95-633, set out as an
    Effective Date note under section 801a of this title.
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