Knowledge (XXG)

Chemical Diversion and Trafficking Act

Source ๐Ÿ“

27: 663:(6) Each regulated person shall provide to the Attorney General the identity of any regular customer or regular supplier of the regulated person not later than 30 days after the promulgation of the final regulations. Not later than 60 days after the end of such 30-day period, each regular customer and regular supplier so identified shall be a regular customer or regular supplier for purposes of any applicable exception from the requirement unless the Attorney General otherwise notifies the regulated person in writing. 617:(c) (1) Attorney General may order the suspension of any Commerce and importation or exportation of a listed chemical or may disqualify any regular customer or regular supplier on the ground that the chemical may be diverted to the clandestine manufacture of a controlled substance. From and after the time when the Attorney General provides written notice of the order (including a statement of the legal and factual basis for the order) to the regulated person, the regulated person may not carry out the transaction. 603:(b) (1) Attorney General shall provide by regulation for circumstances in which the requirement does not apply to a transaction between a regulated person and a regular customer or regular supplier of the regulated person. At the time of any importation or exportation constituting a transaction referred to in the preceding sentence, the regulated person shall notify the Attorney General of the transaction. 473:(2) A record shall be retrievable and shall include the date of the regulated transaction, the identity of each party to the regulated transaction, a statement of the quantity and form of the listed chemical, a description of the tableting machine or encapsulating machine, and a description of the method of transfer. Such record shall be available for inspection and copying by the 909:(A) a distribution, receipt, sale, importation or exportation of a threshold amount, including a cumulative threshold amount for multiple transactions (as determined by the Attorney General, in consultation with the chemical industry and taking into consideration the quantities normally used for lawful purposes), of a listed chemical, except that such term does not include โ€” 606:(2) Regulations under this subsection shall provide that the initial notification with respect to a customer or supplier of a regulated person shall, upon the expiration of the 15-day period, qualify the customer as a regular customer or regular supplier, unless the Attorney General otherwise notifies the regulated person in writing. 682:(2) imports or exports a listed chemical knowing, or having reasonable cause to believe, that the listed chemical will be used to manufacture a controlled substance in violation of this title or, in the case of an exportation, in violation of the law of the country to which the chemical is exported shall be fined in accordance with 919:
for storage in the lawful and usual course of the business of the warehouseman, except that if the carriage or storage is in connection with the distribution, importation, or exportation of a listed chemical to a third person, this clause does not relieve a distributor, importer, or exporter from
709:
The term 'listed precursor chemical' means a chemical specified by regulation of the Attorney General as a chemical that is used in manufacturing a controlled substance in violation of this title and is critical to the creation of the controlled substances, and such term includes (until otherwise
518:
Each report shall be made at the earliest practicable opportunity after the regulated person becomes aware of the circumstance involved. A regulated person may not complete a transaction with a person whose description or identifying characteristic is furnished to the regulated person unless the
409:
chemicals, essential chemicals, tableting machines, and encapsulating machines by imposing record keeping and import/export reporting requirements on transactions involving these materials. Prior to these restrictions being put in place, the U.S. had been the primary source of chemicals used in
948:
The term 'chemical mixture' means a combination of two or more chemical substances, at least one of which is not a listed precursor chemical or a listed essential chemical, except that such term does not include any combination of a listed precursor chemical or a listed essential chemical with
819:
in manufacturing a controlled substance in violation of this title, and such term includes (until otherwise specified by regulation of the Attorney General, as considered appropriate by the Attorney General or upon petition to the Attorney General by any person) the following chemicals:
416: 498:(1) any regulated transaction involving an extraordinary quantity of a listed chemical, an uncommon method of payment or delivery, or any other circumstance that the regulated person believes may indicate that the listed chemical will be used in violation of this title 414:
cocaine manufacture. According to the DEA, the Act sharply reduced these precursor exports and cocaine manufacturers responded by purchasing from chemical suppliers outside the U.S. The U.S. in turn successfully lobbied for inclusion of chemical controls in the 1988
562:(B) issue guidelines that limit, to the maximum extent feasible, the disclosure of proprietary business information, including the names or identities of United States exporters of listed chemicals, to any person to whom such information is disclosed under this Act 679:(1) imports or exports a listed chemical with intent to manufacture a controlled substance in violation of this title or, in the case of an exportation, in violation of the law of the country to which the chemical is exported. 624:, United States Code. The hearing shall be held on an expedited basis and not later than 45 days after the request is made, except that the hearing may be held at a later time, if so requested by the regulated person. 519:
transaction is approved by the Attorney General. The Attorney General shall make available to regulated persons guidance documents describing transactions and circumstances for which reports are required by this Act.
300: 332: 968:
The Attorney General shall maintain an active program, both domestic and international, to curtail the diversion of precursor chemicals and essential chemicals used in the illicit manufacture of controlled
1091: 312: 594:(a) Each regulated person who imports or exports a listed chemical shall notify the Attorney General of the importation or exportation not later than 15 days before the transaction is to take place. 888:
The term 'regular supplier' means, with respect to a regulated person, a supplier with whom the regulated person has an established business relationship that is reported to the Attorney General.
879:
The term 'regular customer' means, with respect to a regulated person, a customer with whom the regulated person has an established business relationship that is reported to the Attorney General.
304: 620:(2) Upon written request to the Attorney General, a regulated person to whom an order applies is entitled to an agency hearing on the record in accordance with subchapter II of chapter 5 of 915:(II) a delivery of a listed chemical to or by a common or contract carrier for carriage in the lawful and usual course of the business of the common or contract carrier, or to or by a 480:(3) It is the duty of each regulated person who engages in a regulated transaction to identify each other party to the transaction. It is the duty of such other party to present 316: 484:
to the regulated person. The Attorney General shall specify by regulation the types of documents and other evidence that constitute proof of identity for purposes of this Act.
923:(III) any category of transaction specified by regulation of the Attorney General (as excluded from this definition as unnecessary for enforcement of this title or Title III) 501:(2) any proposed regulated transaction with a person whose description or other identifying characteristic the Attorney General furnishes in advance to the regulated person 328: 320: 710:
specified by regulation of the Attorney General, as considered appropriate by the Attorney General or upon petition to the Attorney General by any person) the following:
1081: 308: 654:(3) Not later than 60 days after the date of the enactment of this Act, the Attorney General shall publish the proposed final regulations required by the amendment. 336: 897:
The term 'regulated person' means a person who manufactures, distributes, imports, or exports a listed chemical, a tableting machine, or an encapsulating machine.
324: 567:(4) Any person who is aggrieved by a disclosure of information in violation of this section may bring a civil action against the violator for appropriate relief. 986: 559:(A) take such action as may be necessary to prevent unauthorized disclosure of information by any person to whom such information is disclosed under this Act 1086: 657:(4) Not later than 120 days after the date of the enactment of this Act, the Attorney General shall promulgate final regulations required by the amendment. 535:(2) Information referred to a regulated transaction involving a listed chemical, a tableting machine, or an encapsulating machine may be disclosed only โ€” 926:(IV) any transaction in a listed chemical that is contained in a drug that may be marketed or distributed lawfully in the United States under the 495:(b) Each regulated person shall report to the Attorney General, in such form and manner as the Attorney General shall prescribe by regulation โ€” 660:(5) Section 1018 of the Controlled Substances Import and Export Act shall take effect 90 days after the promulgation of the final regulations. 1076: 927: 794: 551:(D) to a State or local official or employee in conjunction with the enforcement of controlled substances laws or precursor chemical laws. 807:
The term 'listed essential chemical' means a chemical specified by regulation of the Attorney General as a chemical that is used as a
683: 528:(c) (1) Except as provided, any information obtained by the Attorney General under this section which is exempt from disclosure under 247: 237: 227: 211: 1055: 643:(2) Not later than 55 days after the date of the enactment of this Act, the Director of the Office of Management and Budget shall โ€” 621: 539: 529: 636:(1) Not later than 45, days after the date of the enactment of this Act, the Attorney General shall forward to the Director of the 286: 637: 571: 188: 180: 474: 912:(I) a domestic lawful distribution in the usual course of business between agents or employees of a single regulated person 1071: 150: 981: 545:(B) When relevant in any investigation or proceeding for the enforcement of this title, Title III, or the customs laws 548:(C) when necessary to comply with an obligation of the United States under a treaty or other international agreement 582:
Notification, Suspension of Shipment, and Penalties with Respect to Importation and Exportation of Listed Chemicals
1010: 570:(5) Notwithstanding, a civil action may not be brought against investigative or law enforcement personnel of the 504:(3) any unusual or excessive loss or disappearance of a listed chemical under the control of the regulated person 402: 26: 752: 854: 991: 731: 462: 532:, United States Code, by reason of such title, is confidential and may not be disclosed to any person. 173: 251: 241: 231: 448:(a) (1) Each regulated person who engages in a regulated transaction involving a listed chemical, a 120:
An Act to prevent the manufacturing, distribution, and use of illegal drugs, and for other purposes.
773: 468:(B) For 2 years after the date of the transaction, if the listed chemical is an essential chemical. 91:
National Commission on Measured Responses to Achieve a Drug-Free America by 1995 Authorization Act
453: 290: 218: 359: 937:(B) a distribution, importation, or exportation of a tableting machine or encapsulating machine 417:
United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances
278: 1044: 766: 481: 824: 714: 263: 997: 848: 836: 787: 721: 649:(B) forward any comments and recommendations for modifications to the Attorney General. 538:(A) To an officer or employee of the United States engaged in carrying out this title, 369: 355: 345: 1065: 842: 411: 385: 406: 1034:"Drug Control:Implementation of the Chemical Diversion and Trafficking Act of 1988" 916: 58:
Comprehensive Alcohol Abuse, Drug Abuse, and Mental Health Amendments Act of 1988
738: 507:(4) any regulated transaction in a tableting machine or an encapsulating machine 465:
or if the transaction involves a tableting machine or an encapsulating machine.
461:(A) For 4 years after the date of the transaction, if the listed chemical is a 79:
Justice Department Organized Crime and Drug Enforcement Enhancement Act of 1988
780: 745: 432:
The subtitle is cited as the Chemical Diversion and Trafficking Act of 1988.
1048: 816: 727: 449: 282: 1033: 860: 192: 866: 830: 812: 808: 759: 587:(a) IN GENERAL โ€” Controlled Substances Import and Export Act is amended 125: 70:
Federal Aviation Administration Drug Enforcement Assistance Act of 1988
1018: 52:
Bureau of Land Management Drug Enforcement Supplemental Authority Act
686:, United States Code, or imprisoned not more than 10 years, or both. 82:
Juvenile Justice and Delinquency Prevention Amendments of 1988
1015:
Office of Diversion Control - Drug Enforcement Administration
646:(A) review such proposed regulations of the Attorney General 790:, its salts, optical isomers, and salts of optical isomers 776:, its salts, optical isomers, and salts of optical isomers 762:, its salts, optical isomers, and salts of optical isomers 673:
Controlled Substances Import and Export Act is amended โ€”
1043:. U.S. Government Accountability Office. April 3, 1991. 1092:
United States federal controlled substances legislation
949:
another chemical that is present solely as an impurity.
85:
Minor and Technical Criminal Law Amendments Act of 1988
419:, which included two Tables of controlled precursors. 103:
Truck and Bus Safety and Regulatory Reform Act of 1988
55:
Child Protection and Obscenity Enforcement Act of 1988
88:
Money Laundering Prosecution Improvements Act of 1988
436:
Regulation of Listed Chemicals and Certain Machines
261: 217: 207: 202: 179: 169: 164: 156: 145: 137: 124: 116: 33: 456:machine shall keep a record of the transaction โ€” 676:(d) Any person who knowingly or intentionally โ€” 640:proposed regulations required by the amendment. 109:Urgent Supplemental Appropriations Act of 1989 987:Aviation Drug-Trafficking Control Act of 1984 670:(c) PENALTY FOR IMPORTATION OR EXPORTATION โ€” 8: 1017:. U.S. Department of Justice. Archived from 378:on October 22, 1988 (agreed voice vote) 19: 106:Uniform Federal Crime Reporting Act of 1988 100:Public Housing Drug Elimination Act of 1988 76:International Narcotics Control Act of 1988 73:Insular Areas Drug Abuse Amendments of 1988 43:Alcohol and Drug Traffic Safety Act of 1988 932:(V) any transaction in a chemical mixture 906:The term 'regulated transaction' means โ€” 301:House Banking, Finance, and Urban Affairs 94:National Narcotics Leadership Act of 1988 1082:United States federal health legislation 633:(b) EFFECTIVE DATES AND SPECIAL RULES โ€” 97:Native Hawaiian Health Care Act of 1988 49:Asset Forfeiture Amendments Act of 1988 40:Alcoholic Beverage Labeling Act of 1988 961:Controlled Substances Act is amended โ€” 702:Controlled Substances Act is amended โ€” 441:Controlled Substances Act is amended โ€” 399:Chemical Diversion and Trafficking Act 141:Anti-Drug Abuse Amendments Act of 1988 20:Chemical Diversion and Trafficking Act 18: 994:, a/k/a the DEA Watched Chemical List 333:House Public Works and Transportation 7: 1011:"Chemical Diversion Control Program" 928:Federal Food, Drug, and Cosmetic Act 795:3,4-Methylenedioxyphenyl-2-propanone 67:Drunk Driving Prevention Act of 1988 61:Drug-Free Public Housing Act of 1988 329:House Merchant Marine and Fisheries 1087:Health policy in the United States 956:Chemical Diversion Control Program 321:House Interior and Insular Affairs 14: 556:(3) The Attorney General shall โ€” 401:of 1988 was an amendment to the 376:Senate agreed to House amendment 366:House agreed to Senate amendment 25: 638:Office of Management and Budget 572:Drug Enforcement Administration 64:Drug-Free Workplace Act of 1988 734:, and salts of optical isomers 1: 1077:100th United States Congress 920:compliance with section 310. 344:on September 22, 1988 ( 151:100th United States Congress 982:Anti-Drug Abuse Act of 1988 313:House Government Operations 46:Anti-Drug Abuse Act of 1988 1108: 368:on October 22, 1988 ( 354:on October 14, 1988 ( 403:Controlled Substances Act 317:House Energy and Commerce 305:House Education and Labor 270: 212:21 U.S.C.: Food and Drugs 24: 753:N-Acetylanthranilic acid 372:) with further amendment 297:Committee consideration 1041:U.S. GAO ~ GGD-91-56BR 855:Potassium permanganate 1056:U.S. Chemical Control 992:DEA list of chemicals 542:, or the customs laws 423:Provisions of the Act 309:House Foreign Affairs 252:ch. 13, subch. II 1072:1988 in American law 388:on November 18, 1988 337:House Ways and Means 293:) on August 11, 1988 242:ch. 13, subch. I 232:ch. 13, subch. I 774:Phenylpropanolamine 264:Legislative history 21: 760:Norpseudoephedrine 463:precursor chemical 34:Other short titles 767:Phenylacetic acid 482:proof of identity 395: 394: 352:Passed the Senate 182:Statutes at Large 160:November 18, 1988 1099: 1052: 1038: 1029: 1027: 1026: 825:Acetic anhydride 715:Anthranilic acid 475:Attorney General 362:) with amendment 342:Passed the House 277:in the House as 266: 221:sections created 183: 130: 29: 22: 1107: 1106: 1102: 1101: 1100: 1098: 1097: 1096: 1062: 1061: 1036: 1032: 1024: 1022: 1009: 1006: 998:Drug precursors 978: 958: 837:Benzyl chloride 788:Pseudoephedrine 732:optical isomers 699: 584: 452:machine, or an 438: 430: 425: 391: 382:Signed into law 325:House Judiciary 262: 257: 181: 146:Enacted by 128: 112: 17: 12: 11: 5: 1105: 1103: 1095: 1094: 1089: 1084: 1079: 1074: 1064: 1063: 1060: 1059: 1053: 1030: 1005: 1002: 1001: 1000: 995: 989: 984: 977: 974: 973: 972: 971: 970: 963: 962: 957: 954: 953: 952: 951: 950: 943: 942: 941: 940: 939: 938: 935: 934: 933: 930: 924: 921: 913: 901: 900: 899: 898: 892: 891: 890: 889: 883: 882: 881: 880: 874: 873: 872: 871: 870: 869: 863: 857: 851: 849:Hydriodic acid 845: 839: 833: 827: 802: 801: 800: 799: 798: 797: 791: 784: 777: 770: 763: 756: 749: 742: 735: 724: 722:Benzyl cyanide 718: 704: 703: 698: 695: 694: 693: 692: 691: 690: 689: 688: 687: 680: 667: 666: 665: 664: 661: 658: 655: 652: 651: 650: 647: 641: 630: 629: 628: 627: 626: 625: 612: 611: 610: 609: 608: 607: 598: 597: 596: 595: 589: 588: 583: 580: 579: 578: 577: 576: 575: 574: 568: 565: 564: 563: 560: 554: 553: 552: 549: 546: 543: 523: 522: 521: 520: 513: 512: 511: 510: 509: 508: 505: 502: 499: 490: 489: 488: 487: 486: 485: 478: 471: 470: 469: 466: 443: 442: 437: 434: 429: 426: 424: 421: 412:South American 393: 392: 390: 389: 379: 373: 363: 349: 339: 294: 279:H.R. 5210 271: 268: 267: 259: 258: 256: 255: 245: 235: 224: 222: 215: 214: 209: 208:Titles amended 205: 204: 200: 199: 198:102 Stat. 4312 185: 177: 176: 171: 167: 166: 162: 161: 158: 154: 153: 147: 143: 142: 139: 135: 134: 131: 122: 121: 118: 114: 113: 111: 110: 107: 104: 101: 98: 95: 92: 89: 86: 83: 80: 77: 74: 71: 68: 65: 62: 59: 56: 53: 50: 47: 44: 41: 37: 35: 31: 30: 15: 13: 10: 9: 6: 4: 3: 2: 1104: 1093: 1090: 1088: 1085: 1083: 1080: 1078: 1075: 1073: 1070: 1069: 1067: 1057: 1054: 1050: 1046: 1042: 1035: 1031: 1021:on 2018-12-21 1020: 1016: 1012: 1008: 1007: 1003: 999: 996: 993: 990: 988: 985: 983: 980: 979: 975: 967: 966: 965: 964: 960: 959: 955: 947: 946: 945: 944: 936: 931: 929: 925: 922: 918: 914: 911: 910: 908: 907: 905: 904: 903: 902: 896: 895: 894: 893: 887: 886: 885: 884: 878: 877: 876: 875: 868: 864: 862: 858: 856: 852: 850: 846: 844: 840: 838: 834: 832: 828: 826: 822: 821: 818: 814: 810: 806: 805: 804: 803: 796: 792: 789: 785: 783:and its salts 782: 778: 775: 771: 769:and its salts 768: 764: 761: 757: 755:and its salts 754: 750: 748:and its salts 747: 743: 741:and its salts 740: 736: 733: 730:, its salts, 729: 725: 723: 719: 717:and its salts 716: 712: 711: 708: 707: 706: 705: 701: 700: 696: 685: 681: 678: 677: 675: 674: 672: 671: 669: 668: 662: 659: 656: 653: 648: 645: 644: 642: 639: 635: 634: 632: 631: 623: 619: 618: 616: 615: 614: 613: 605: 604: 602: 601: 600: 599: 593: 592: 591: 590: 586: 585: 581: 573: 569: 566: 561: 558: 557: 555: 550: 547: 544: 541: 537: 536: 534: 533: 531: 527: 526: 525: 524: 517: 516: 515: 514: 506: 503: 500: 497: 496: 494: 493: 492: 491: 483: 479: 476: 472: 467: 464: 460: 459: 458: 457: 455: 454:encapsulating 451: 447: 446: 445: 444: 440: 439: 435: 433: 427: 422: 420: 418: 413: 408: 404: 400: 387: 386:Ronald Reagan 384:by President 383: 380: 377: 374: 371: 367: 364: 361: 358:, in lieu of 357: 353: 350: 347: 343: 340: 338: 334: 330: 326: 322: 318: 314: 310: 306: 302: 298: 295: 292: 288: 284: 280: 276: 273: 272: 269: 265: 260: 253: 249: 246: 243: 239: 236: 233: 229: 226: 225: 223: 220: 216: 213: 210: 206: 201: 197: 194: 190: 186: 184: 178: 175: 172: 168: 163: 159: 155: 152: 148: 144: 140: 136: 132: 127: 123: 119: 115: 108: 105: 102: 99: 96: 93: 90: 87: 84: 81: 78: 75: 72: 69: 66: 63: 60: 57: 54: 51: 48: 45: 42: 39: 38: 36: 32: 28: 23: 1040: 1023:. Retrieved 1019:the original 1014: 917:warehouseman 431: 405:to regulate 398: 396: 381: 375: 365: 360:S. 2852 351: 341: 296: 283:Thomas Foley 274: 203:Codification 195: 129:(colloquial) 969:substances. 843:Ethyl ether 697:Definitions 428:Short Title 133:CDTA, ADAAA 1066:Categories 1025:2014-08-24 1004:References 861:2-Butanone 781:Piperidine 746:Ergotamine 739:Ergonovine 275:Introduced 170:Public law 117:Long title 728:Ephedrine 540:Title III 450:tableting 407:precursor 248:21 U.S.C. 238:21 U.S.C. 228:21 U.S.C. 187:102  165:Citations 157:Effective 138:Nicknames 1049:25035561 976:See also 817:catalyst 684:Title 18 126:Acronyms 867:Toluene 831:Acetone 813:reagent 809:solvent 622:Title 5 530:Title 5 174:100-690 1058:, DEA. 1047:  370:346-11 346:375-30 219:U.S.C. 191:  16:US law 1037:(PDF) 815:, or 254:ยง 971 250: 244:ยงโ€‰830 240: 234:ยง 801 230: 189:Stat. 1045:OCLC 865:(H) 859:(G) 853:(F) 847:(E) 841:(D) 835:(C) 829:(B) 823:(A) 793:(L) 786:(K) 779:(J) 772:(I) 765:(H) 758:(G) 751:(F) 744:(E) 737:(D) 726:(C) 720:(B) 713:(A) 397:The 356:87-3 193:4181 149:the 299:by 281:by 196:aka 1068:: 1039:. 1013:. 811:, 335:, 331:, 327:, 323:, 319:, 315:, 311:, 307:, 303:, 291:WA 1051:. 1028:. 477:. 348:) 289:โ€“ 287:D 285:(

Index

Great Seal of the United States
Acronyms
100th United States Congress
100-690
Statutes at Large
Stat.
4181
21 U.S.C.: Food and Drugs
U.S.C.
21 U.S.C.
ch. 13, subch. I
21 U.S.C.
ch. 13, subch. I
21 U.S.C.
ch. 13, subch. II
Legislative history
H.R. 5210
Thomas Foley
D
WA
House Banking, Finance, and Urban Affairs
House Education and Labor
House Foreign Affairs
House Government Operations
House Energy and Commerce
House Interior and Insular Affairs
House Judiciary
House Merchant Marine and Fisheries
House Public Works and Transportation
House Ways and Means

Text is available under the Creative Commons Attribution-ShareAlike License. Additional terms may apply.

โ†‘