Sec. 2. Expansion of sanctions under the Fentanyl Sanctions Act
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Section 7212 of the Fentanyl Sanctions Act ( 21 U.S.C. 2312 ) is amended to read as follows: The President shall impose the sanctions described in section 7213(a)(6) with respect to any foreign person that— is identified as a foreign opioid trafficker in the report submitted under section 7211(a); or the President determines— knowingly has engaged in, or attempted to engage in, an activity or transaction that has materially contributed to, or poses a significant risk of materially contributing to, opioid trafficking; knowingly has received any property or interest in property that the foreign person knows or should have known— constitutes or is derived from the proceeds of an activity or transaction described in subparagraph (A); or was used or intended to be used to commit or to facilitate such an activity or transaction; knowingly has provided, or attempted to provide, financial, material, or technological support for, including through the provision of goods or services in support of— any activity or transaction described in subparagraph (A); or any foreign person described in paragraph
(1)or clause
(i)of this subparagraph; is an adult spouse or other family member of an individual described in paragraph
(1)or subparagraph (A), (B), or
(C)of this paragraph; or is or has been owned, controlled, or directed by, or has knowingly acted or purported to act for or on behalf of, directly or indirectly, any foreign person described in paragraph
(1)or subparagraph (A), (B), or
(C)of this paragraph. The President shall impose 3 or more of the sanctions described in section 7213 with respect to— each agency or instrumentality of a foreign state (as defined in section 1603(b) of title 28, United States Code) that the President determines— has engaged in, or attempted to engage in, an activity or transaction that has materially contributed to, or poses a significant risk of materially contributing to, opioid trafficking; or has provided, or attempted to provide, financial, material, or technological support for, including through the provision of goods or services in support of, any activity or transaction described in subparagraph (A); each foreign person the President determines is a senior official of an agency or instrumentality of a foreign state described in paragraph (1); and each foreign person that the President determines is or has been owned, controlled, or directed by, or has knowingly acted or purported to act for or on behalf of, directly or indirectly, an agency or instrumentality of a foreign state described in paragraph
(1)or a foreign person described in paragraph (2). The sanctions described in section 7213 may not apply to a foreign person described in subsection (a)(1)(D) if the President determines that there is clear and convincing evidence the person— is no longer in contact with the individual described in paragraph
(1)of subsection
(a)or subparagraph (A), (B), or
(C)of paragraph
(2)of that subsection; and has provided reliable assurances that the person will not engage in any conduct described in subsection
(a)in the future. Not later than 30 days after making a determination under paragraph (1), the President shall submit to the appropriate congressional committees and leadership a report on the determination. The President may waive the imposition of sanctions under this section, on a case-by-case basis and for a period not to exceed 180 days per waiver, with respect to a foreign person or agency or instrumentality of a foreign state, as the case may be, if the President certifies in writing to the appropriate congressional committees that such waiver is vital to the national security interests of the United States or would ensure the delivery of humanitarian assistance such as medicine, agricultural products, food, or fuel. Not later than 30 days after issuing a waiver under paragraph
(1)with respect to a foreign person or agency or instrumentality of a foreign state, and every 180 days thereafter for such period of time as the waiver remains in effect, the President shall provide to the appropriate congressional committees a briefing on the status of the involvement of the foreign person or agency or instrumentality of a foreign state in activities described in this section. . The amendment made by subsection
(a)shall take effect on the date that is 90 days after the date of the enactment of this Act. Not later than 180 days after the date of the enactment of this Act, the President shall prescribe regulations as necessary for the implementation of the amendment made by subsection (a). Not later than 10 days prior to prescribing regulations under paragraph (1), the President shall notify the appropriate congressional committees and leadership (as defined in section 7203 of the Fentanyl Sanctions Act ( 21 U.S.C. 2302 )) with respect to the proposed regulations.
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