Sec. 301. Determination and report on additional foreign opioid traffickers

473 words·~2 min read·/bill/118/hr/3205/ih/section-301

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The Fentanyl Sanctions Act (title LXXII of division F of Public Law 116–92 ; 21 U.S.C. 2301 et seq. ) is amended by adding after section 7217 the following: The President shall make a determination as to whether any of the foreign persons described in paragraph (2)— is a foreign opioid trafficker; or is engaging in any of the conduct described in Executive Order 14059 (86 Fed. Reg. 71549; relating to imposing sanctions on foreign persons involved in the global illicit drug trade) or has engaged in any such conduct in the prior 365 days.

The foreign persons described in this paragraph are the following: Any foreign bank (as such term is defined in section 1(b) of the International Banking Act of 1978 ( 12 U.S.C. 3101(b) )) that operates in— the People’s Republic of China; or Mexico. Any money transmitting business that processed more than $25,000,000 in transactions in— any of the 5 calendar years preceding the date of enactment of the Project Precursor Act; the calendar year in which the Project Precursor Act is enacted; or any calendar year after the calendar year described in clause (ii).

Any transnational criminal organization. Not later than 90 days after the date of the enactment of the Project Precursor Act, and every 180 days thereafter, the President shall submit to the appropriate congressional committees a report containing— a list of all foreign persons that the President has determined to be foreign opioid traffickers pursuant to subsection (a); and for each foreign person identified on the list required by paragraph (1)— whether the President has imposed any or all of the relevant sanctions described in section 7213 or Executive Order 14059 with respect to the foreign person; and with respect to which any of the sanctions described in section 7213 or Executive Order 14059 have been waived or determined not to apply due to an exception or an exercise of discretion, a description of the specific legal grounds for the waiver, exception, or exercise of discretion.

The report required by subsection

(b)shall be submitted in unclassified form, but may contain a classified annex if necessary. The unclassified portion of the report shall be made available on a publicly available internet website of the Federal Government. In this section— the term money transmitting business means a foreign person who engages in the activities described in section 5330(d)(1)(A) of title 31, United States Code; and the term transnational criminal organization has the meaning given that term in section 431 of the Project Precursor Act. . The table of contents in section 2(b) of Public Law 116–92 and the table of contents in title LXXII of division F of such Public Law are each amended by inserting after the item relating to section 7217 the following: Sec. 7218. Determination and report on additional foreign opioid traffickers. .

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