CONTROLLED SUBSTANCES IMPORT AND EXPORT ACT [Title III of the Comprehensive Drug Abuse Prevention and Control Act of 1970] TABLE OF CONTENTS TITLE III-IMPORTATION AND EXPORTATION; AMENDMENTS AND REPEALS OF REVENUE LAWS Sec. 1000. Short title. PART A-IMPORTATION AND EXPORTATION Sec. 1001. Definitions. Sec. 1002. Importation of controlled substances. Sec. 1003. Exportation of controlled substances. Sec. 1004. Transshipment and in-transit shipment of controlled substances. Sec. 1005. Possession on board vessels, etc., arriving in or departing from United States. Sec. 1006. Exemption authority. Sec. 1007. Persons required to register. Sec. 1009. Manufacture or distribution for purposes of unlawful importation. Sec. 1010. Prohibited acts A-penalties. Sec. 1011. Prohibited acts B-penalties. Sec. 1012. Second or subsequent offenses. Sec. 1013. Attempt and conspiracy. Sec. 1014. Additional penalties. Sec. 1015. Applicability of part E of title II. Sec. 1016. Authority of Secretary of Treasury. PART B-AMENDMENTS AND REPEALS, TRANSITIONAL AND EFFECTIVE DATE PROVISIONS Sec. 1101. Repeals. Sec. 1102. Conforming amendments. Sec. 1103. Pending proceedings. Sec. 1104. Provisional registration. Sec. 1105. Effective dates and other transitional provisions. 21 U.S.C. 951 note 21 U.S.C. 951 21 U.S.C. 952 TITLE III-IMPORTATION AND EXPORTA- SHORT TITLE SEC. 1000. This title may be cited as the "Controlled Substances Import and Export Act". PART A-IMPORTATION AND EXPORTATION DEFINITIONS SEC. 1001. (a) For purposes of this part— (1) The term "import" means, with respect to any article, any bringing in or introduction of such article into any area (whether or not such bringing in or introduction constitutes an importation within the meaning of the tariff laws of the United States). (2) The term "customs territory of the United States" has the meaning assigned to such term by general headnote 2 to the Tariff Schedules of the United States (19 U.S.C. 1202). (b) Each term defined in section 102 of title II shall have the same meaning for purposes of this title as such term has for purposes of title II. IMPORTATION OF CONTROLLED SUBSTANCES SEC. 1002. (a) It shall be unlawful to import into the customs territory of the United States from any place outside thereof (but within the United States), or to import into the United States from any place outside thereof, any controlled substance in schedule I or II of title II, or any narcotic drug in schedule III, IV, or V of title II, except that (1) such amounts of crude opium and coca leaves as the Attorney General finds to be necessary to provide for medical, scientific, or other legitimate purposes, and (2) such amounts of any controlled substance in schedule I or II or any narcotic drug in schedule III, IV, or V that the Attorney General finds to be necessary to provide for the medical, scientific, or other legitimate needs of the United States (A) during an emergency in which domestic supplies of such substance or drug are found by the Attorney General to be inadequate, or (B) in any case in which the Attorney General finds that competition among domestic manufacturers of the controlled substance is inadequate and will not be rendered adequate by the registration of additional manufacturers under section 303, may be so imported under such regulations as the Attorney General shall prescribe. No crude opium may be so imported for the purpose of manufacturing heroin or smoking opium. (b) It shall be unlawful to import into the customs territory of the United States from any place outside thereof (but within the United States), or to import into the United States from any place outside thereof, any nonnarcotic controlled substance in schedule III, IV, or V, unless such nonnarcotic controlled substance (1) is imported for medical, scientific or other legitimate uses, and (2) is imported pursuant to such notification or declaration requirements as the Attorney General may by regulation prescribe. (c) In addition to the amount of coca leaves authorized to be imported into the United States under subsection (a), the Attorney General may permit the importation of additional amounts of coca leaves. All cocaine and ecgonine (and all salts, derivatives, and preparations from which cocaine or ecgonine may be synthesized or made) contained in such additional amounts of coca leaves imported under this subsection shall be destroyed under the supervision of an authorized representative of the Attorney General. EXPORTATION OF CONTROLLED SUBSTANCES SEC. 1003. (a) 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 21 U.S.C. 953 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) Notwithstanding subsection (a), 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) 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) 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 |