21 U.S.C. 953 Exportation of Controlled Substances

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[Laws in effect as of January 3, 2005]

[Document not affected by Public Laws enacted between

January 3, 2005 and March 20, 2006]

[CITE: 21USC953]

TITLE 21--FOOD AND DRUGS

CHAPTER 13--DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER II--IMPORT AND EXPORT

Sec. 953. Exportation of controlled substances

(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.

(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.)

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

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.