Sec. 716. NOTICE OF IMPORTATION OR EXPORTATION; APPROVAL OF SALE OR TRANSFER BY IMPORTER OR EXPORTER
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## SEC. 716 NOTICE OF IMPORTATION OR EXPORTATION; APPROVAL OF SALE OR TRANSFER BY IMPORTER OR EXPORTER ###
(a)In General Section 1018 of the Controlled Substances Import and Export Act (21 U.S.C. 971) is amended— ####
(1)in subsection (b)(1), in the first sentence, by striking “or to an importation by a regular importer” and inserting “or to a transaction that is an importation by a regular importer”; ####
(2)by redesignating subsections
(d)and
(e)as subsections
(e)and (f), respectively; ####
(3)by inserting after subsection
(c)the following subsection: > > ### “(d) > > > ####
(1)> > > #####
(A)> > Information provided in a notice under subsection
(a)or
(b)shall include the name of the person to whom the importer or exporter involved intends to transfer the listed chemical involved, and the quantity of such chemical to be transferred. > > > ##### “(B) > > In the case of a notice under subsection
(b)submitted by a regular importer, if the transferee identified in the notice is not a regular customer, such importer may not transfer the listed chemical until after the expiration of the 15-day period beginning on the date on which the notice is submitted to the Attorney General. > > > ##### “(C) > > After a notice under subsection
(a)or
(b)is submitted to the Attorney General, if circumstances change and the importer or exporter will not be transferring the listed chemical to the transferee identified in the notice, or will be transferring a greater quantity of the chemical than specified in the notice, the importer or exporter shall update the notice to identify the most recent prospective transferee or the most recent quantity or both (as the case may be) and may not transfer the listed chemical until after the expiration of the 15-day period beginning on the date on which the update is submitted to the Attorney General, except that such 15-day restriction does not apply if the prospective transferee identified in the update is a regular customer. The preceding sentence applies with respect to changing circumstances regarding a transferee or quantity identified in an update to the same extent and in the same manner as such sentence applies with respect to changing circumstances regarding a transferee or quantity identified in the original notice under subsection
(a)or (b). > > > ##### “(D) > > In the case of a transfer of a listed chemical that is subject to a 15-day restriction under subparagraph
(B)or (C), the transferee involved shall, upon the expiration of the 15-day period, be considered to qualify as a regular customer, unless the Attorney General otherwise notifies the importer or exporter involved in writing. > > > #### “(2) > > With respect to a transfer of a listed chemical with which a notice or update referred to in paragraph
(1)is concerned: > > > ##### “(A) > > The Attorney General, in accordance with the same procedures as apply under subsection (c)(2)— > > > ###### “(i) > > may order the suspension of the transfer of the listed chemical by the importer or exporter involved, except for a transfer to a regular customer, on the ground that the chemical may be diverted to the clandestine manufacture of a controlled substance (without regard to the form of the chemical that may be diverted, including the diversion of a finished drug product to be manufactured from bulk chemicals to be transferred), subject to the Attorney General ordering such suspension before the expiration of the 15-day period referred to in paragraph
(1)with respect to the importation or exportation (in any case in which such a period applies); and > > > ###### “(ii) > > may, for purposes of clause
(i)and paragraph (1), disqualify a regular customer on such ground. > > > ##### “(B) > > From and after the time when the Attorney General provides written notice of the order under subparagraph
(A)(including a statement of the legal and factual basis for the order) to the importer or exporter, the importer or exporter may not carry out the transfer. > > > #### “(3) > > For purposes of this subsection: > > > ##### “(A) > > The terms ‘**importer**’ and ‘**exporter**’ mean a regulated person who imports or exports a listed chemical, respectively. > > > ##### “(B) > > The term ‘**transfer**’, with respect to a listed chemical, includes the sale of the chemical. > > > ##### “(C) > > The term ‘**transferee**’ means a person to whom an importer or exporter transfers a listed chemical.” > ; and ####
(4)by adding at the end the following subsection: > > ### “(g) > > Within 30 days after a transaction covered by this section is completed, the importer or exporter shall send the Attorney General a return declaration containing particulars of the transaction, including the date, quantity, chemical, container, name of transferees, and such other information as the Attorney General may specify in regulations. For importers, a single return declaration may include the particulars of both the importation and distribution. If the importer has not distributed all chemicals imported by the end of the initial 30-day period, the importer shall file supplemental return declarations no later than 30 days from the date of any further distribution, until the distribution or other disposition of all chemicals imported pursuant to the import notification or any update are accounted for.” > . ###
(b)Conforming Amendments ####
(1)Controlled substances import and export act The Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.) is amended— #####
(A)**[**[21 U.S.C. 960](/us/usc/t21/s960)**]** in section 1010(d)(5), by striking “section 1018(e)(2) or (3)” and inserting “paragraph
(2)or
(3)of section 1018(f)”; and #####
(B)**[**[21 U.S.C. 971](/us/usc/t21/s971)**]** in section 1018(c)(1), in the first sentence, by inserting before the period the following: “(without regard to the form of the chemical that may be diverted, including the diversion of a finished drug product to be manufactured from bulk chemicals to be transferred)”. ####
(2)Controlled substances act Section 310(b)(3)(D)(v) of the Controlled Substances Act (21 U.S.C. 830(b)(3)(D)(v)) is amended by striking “section 1018(e)(2)” and inserting “section 1018(f)(2)”.
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Sec. 716
NOTICE OF IMPORTATION OR EXPORTATION; APPROVAL OF SALE OR TRANSFER BY IMPORTER OR EXPORTER
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