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21 U.S.C. § 1904Blocking assets and prohibiting transactions

submitted 27 years ago by Pub. L. 106-120 to r/title-21-FOOD-AND-DRUGS · 850 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section applies sanctions to identified significant foreign narcotics traffickers and certain foreign persons. It blocks specified property, prohibits specified transactions, preserves law-enforcement and intelligence activities, and assigns implementation duties.

(a) Applicability of sanctions A significant foreign narcotics trafficker publicly identified in the report required under subsection (b) or (h)(1) of section 1903 of this title and foreign persons designated by the Secretary of the Treasury under subsection (b) of this section must be subject to any and all sanctions as authorized by this chapter. The application of sanctions on any foreign person under subsection (b) or (h)(1) of section 1903 of this title or subsection (b) of this section must remain in effect until revoked under section 1903(h)(2) of this title or subsection (e)(1)(A) of this section or waived under section 1903(g)(1) of this title . (b) Blocking of assets Except to the extent provided in regulations, orders, instructions, licenses, or directives issued under this chapter, and despite any contract entered into or any license or permit granted before the date on which the President submits the report required under subsection (b) or (h)(1) of section 1903 of this title , there are blocked as of such date, and any date after that, all this property and interests in property within the United States, or within the possession or control of any United States person, which are owned or controlled by— (1) any significant foreign narcotics trafficker publicly identified by the President in the report required under subsection (b) or (h)(1) of section 1903 of this title ; (2) any foreign person that the Secretary of the Treasury, in consultation with the Attorney General, the Director of Central Intelligence, the Director of the Federal Bureau of Investigation, the Administrator of the Drug Enforcement Administration, the Secretary of Defense, and the Secretary of State, designates as materially assisting in, or providing financial or technological support for or to, or providing goods or services in support of, the international narcotics trafficking activities of a significant foreign narcotics trafficker so identified in the report required under subsection (b) or (h)(1) of section 1903 of this title , or foreign persons designated by the Secretary of the Treasury under this subsection; (3) any foreign person that the Secretary of the Treasury, in consultation with the Attorney General, the Director of Central Intelligence, the Director of the Federal Bureau of Investigation, the Administrator of the Drug Enforcement Administration, the Secretary of Defense, and the Secretary of State, designates as owned, controlled, or directed by, or acting for or on behalf of, a significant foreign narcotics trafficker so identified in the report required under subsection (b) or (h)(1) of section 1903 of this title , or foreign persons designated by the Secretary of the Treasury under this subsection; and (4) any foreign person that the Secretary of the Treasury, in consultation with the Attorney General, the Director of Central Intelligence, the Director of the Federal Bureau of Investigation, the Administrator of the Drug Enforcement Administration, the Secretary of Defense, and the Secretary of State, designates as playing a significant role in international narcotics trafficking. (c) Prohibited transactions Except to the extent provided in regulations, orders, instructions, licenses, or directives issued under this chapter, and despite any contract entered into or any license or permit granted before the date on which the President submits the report required under subsection (b) or (h)(1) of section 1903 of this title , the following transactions are prohibited: (1) Any transaction or dealing by a United States person, or within the United States, in property or interests in property of any significant foreign narcotics trafficker so identified in the report required under subsection (b) or (h)(1) of section 1903 of this title , and foreign persons designated by the Secretary of the Treasury under subsection (b) of this section. (2) Any transaction or dealing by a United States person, or within the United States, that evades or avoids, or has the effect of evading or avoiding, and any endeavor, attempt, or conspiracy to violate, any of the prohibitions contained in this chapter. (d) Law enforcement and intelligence activities not affected Nothing in this chapter prohibits or otherwise limits the authorized law enforcement or intelligence activities of the United States, or the law enforcement activities of any State or subdivision of it. (e) Implementation (1) The Secretary of the Treasury, in consultation with the Attorney General, the Director of Central Intelligence, the Director of the Federal Bureau of Investigation, the Administrator of the Drug Enforcement Administration, the Secretary of Defense, and the Secretary of State, is authorized to take such actions as can be necessary to carry out this chapter, including— (A) making those designations authorized by paragraphs (2), (3), and (4) of subsection (b) of this section and revocation of it; (B) promulgating rules and regulations permitted under this chapter; and (C) employing all powers conferred on the Secretary of the Treasury under this chapter. (2) Each agency of the United States must take all appropriate measures within its authority to carry out the rules in this chapter. (3) Section 552(a)(3) of title 5 must not apply to any record or information obtained or created in the implementation of this chapter.
the actual law source: uscode.house.gov ↗public domain
(a) Applicability of sanctions

A significant foreign narcotics trafficker publicly identified in the report required under subsection (b) or (h)(1) of section 1903 of this title and foreign persons designated by the Secretary of the Treasury pursuant to subsection (b) of this section shall be subject to any and all sanctions as authorized by this chapter. The application of sanctions on any foreign person pursuant to subsection (b) or (h)(1) of section 1903 of this title or subsection (b) of this section shall remain in effect until revoked pursuant to section 1903(h)(2) of this title or subsection (e)(1)(A) of this section or waived pursuant to section 1903(g)(1) of this title.

(b) Blocking of assets

Except to the extent provided in regulations, orders, instructions, licenses, or directives issued pursuant to this chapter, and notwithstanding any contract entered into or any license or permit granted prior to the date on which the President submits the report required under subsection (b) or (h)(1) of section 1903 of this title, there are blocked as of such date, and any date thereafter, all such property and interests in property within the United States, or within the possession or control of any United States person, which are owned or controlled by—

(1)

any significant foreign narcotics trafficker publicly identified by the President in the report required under subsection (b) or (h)(1) of section 1903 of this title;

(2)

any foreign person that the Secretary of the Treasury, in consultation with the Attorney General, the Director of Central Intelligence, the Director of the Federal Bureau of Investigation, the Administrator of the Drug Enforcement Administration, the Secretary of Defense, and the Secretary of State, designates as materially assisting in, or providing financial or technological support for or to, or providing goods or services in support of, the international narcotics trafficking activities of a significant foreign narcotics trafficker so identified in the report required under subsection (b) or (h)(1) of section 1903 of this title, or foreign persons designated by the Secretary of the Treasury pursuant to this subsection;

(3)

any foreign person that the Secretary of the Treasury, in consultation with the Attorney General, the Director of Central Intelligence, the Director of the Federal Bureau of Investigation, the Administrator of the Drug Enforcement Administration, the Secretary of Defense, and the Secretary of State, designates as owned, controlled, or directed by, or acting for or on behalf of, a significant foreign narcotics trafficker so identified in the report required under subsection (b) or (h)(1) of section 1903 of this title, or foreign persons designated by the Secretary of the Treasury pursuant to this subsection; and

(4)

any foreign person that the Secretary of the Treasury, in consultation with the Attorney General, the Director of Central Intelligence, the Director of the Federal Bureau of Investigation, the Administrator of the Drug Enforcement Administration, the Secretary of Defense, and the Secretary of State, designates as playing a significant role in international narcotics trafficking.

(c) Prohibited transactions

Except to the extent provided in regulations, orders, instructions, licenses, or directives issued pursuant to this chapter, and notwithstanding any contract entered into or any license or permit granted prior to the date on which the President submits the report required under subsection (b) or (h)(1) of section 1903 of this title, the following transactions are prohibited:

(1)

Any transaction or dealing by a United States person, or within the United States, in property or interests in property of any significant foreign narcotics trafficker so identified in the report required pursuant to subsection (b) or (h)(1) of section 1903 of this title, and foreign persons designated by the Secretary of the Treasury pursuant to subsection (b) of this section.

(2)

Any transaction or dealing by a United States person, or within the United States, that evades or avoids, or has the effect of evading or avoiding, and any endeavor, attempt, or conspiracy to violate, any of the prohibitions contained in this chapter.

(d) Law enforcement and intelligence activities not affected

Nothing in this chapter prohibits or otherwise limits the authorized law enforcement or intelligence activities of the United States, or the law enforcement activities of any State or subdivision thereof.

(e) Implementation
(1)

The Secretary of the Treasury, in consultation with the Attorney General, the Director of Central Intelligence, the Director of the Federal Bureau of Investigation, the Administrator of the Drug Enforcement Administration, the Secretary of Defense, and the Secretary of State, is authorized to take such actions as may be necessary to carry out this chapter, including—

(A)

making those designations authorized by paragraphs (2), (3), and (4) of subsection (b) of this section and revocation thereof;

(B)

promulgating rules and regulations permitted under this chapter; and

(C)

employing all powers conferred on the Secretary of the Treasury under this chapter.

(2)

Each agency of the United States shall take all appropriate measures within its authority to carry out the provisions of this chapter.

(3)

Section 552(a)(3) of title 5 shall not apply to any record or information obtained or created in the implementation of this chapter.

Source credit: (Pub. L. 106–120, title VIII, § 805, Dec. 3, 1999, 113 Stat. 1629; Pub. L. 107–108, title III, § 307, Dec. 28, 2001, 115 Stat. 1399.)

history & why it existsrecord from the source credit
  • 1999Enacted · Pub. L. 106-120 · 113 Stat. 1629
  • 2001Amended · Pub. L. 107-108 · 115 Stat. 1399

A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-120 on 1999-12-03.

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