§2313 — Title 21 Food and Drugs | U.S. Code

Summary

Lets the U.S. block or limit many kinds of business and travel ties with a foreign person. The government can stop U.S. banks from lending to that person. If the foreign person is a bank, it can lose status as a primary dealer in U.S. government debt and be barred from acting for or holding funds of the U.S. government. The U.S. can refuse to buy goods or services from the person. The President can ban foreign-exchange deals or bank transfers under U.S. control that involve the person, freeze or stop people from using or moving property under U.S. jurisdiction that the person has an interest in, stop U.S. persons from buying large amounts of the person’s stock or debt, and order visa denials or exclusion from the United States for corporate officers, principals, or controlling shareholders. The President can also apply these same measures to the person’s top executives. Anyone who breaks or helps break the rules made to carry out these actions can face the penalties in subsections (b) and (c) of 50 U.S.C. 1705. These measures do not apply to activities covered by the reporting rules in title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.) or to authorized U.S. intelligence or law-enforcement actions. The visa ban (above) does not apply when admitting the person is needed to meet U.S. obligations under the U.N. Headquarters Agreement (signed June 26, 1947; in force Nov. 21, 1947), the Convention on Consular Relations (done April 24, 1963; in force Mar. 19, 1967), or other international duties. The President may use the authorities in 50 U.S.C. 1702 and 1704 to carry out these actions.

Title 21, §2313

Food and Drugs — Source: USLM XML via OLRC

(a)The sanctions that may be imposed with respect to a foreign person under section 2312 of this title are the following:

(1)The United States Government may prohibit any United States financial institution from making loans or providing credits to the foreign person.

(2)The following prohibitions may be imposed with respect to a foreign person that is a financial institution:

(A)Neither the Board of Governors of the Federal Reserve System nor the Federal Reserve Bank of New York may designate, or permit the continuation of any prior designation of, the financial institution as a primary dealer in United States Government debt instruments.

(B)The financial institution may not serve as agent of the United States Government or serve as repository for United States Government funds.

(3)The United States Government may not procure, or enter into any contract for the procurement of, any goods or services from the foreign person.

(4)The President may, pursuant to such regulations as the President may prescribe, prohibit any transactions in foreign exchange that are subject to the jurisdiction of the United States and in which the foreign person has any interest.

(5)The President may, pursuant to such regulations as the President may prescribe, prohibit any transfers of credit or payments between financial institutions or by, through, or to any financial institution, to the extent that such transfers or payments are subject to the jurisdiction of the United States and involve any interest of the foreign person.

(6)The President may, pursuant to such regulations as the President may prescribe, prohibit any person from—

(A)acquiring, holding, withholding, using, transferring, withdrawing, or transporting any property that is subject to the jurisdiction of the United States and with respect to which the foreign person has any interest;

(B)dealing in or exercising any right, power, or privilege with respect to such property; or

(C)conducting any transaction involving such property.

(7)The President may, pursuant to such regulations or guidelines as the President may prescribe, prohibit any United States person from investing in or purchasing significant amounts of equity or debt instruments of the foreign person.

(8)The President may direct the Secretary of State to deny a visa to, and the Secretary of Homeland Security to exclude from the United States, any alien that the President determines is a corporate officer or principal of, or a shareholder with a controlling interest in, the foreign person.

(9)The President may impose on the principal executive officer or officers of the foreign person, or on individuals performing similar functions and with similar authorities as such officer or officers, any of the sanctions described in paragraphs (1) through (8) that are applicable.

(b)A person that violates, attempts to violate, conspires to violate, or causes a violation of any regulation, license, or order issued to carry out subsection (a) shall be subject to the penalties set forth in subsections (b) and (c) of section 1705 of title 50 to the same extent as a person that commits an unlawful act described in subsection (a) of that section.

(c)(1)Sanctions under this section shall not apply with respect to—

(A)any activity subject to the reporting requirements under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.); or

(B)any authorized intelligence or law enforcement activities of the United States.

(2)Sanctions under subsection (a)(8) shall not apply to an alien if admitting the alien into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, the Convention on Consular Relations, done at Vienna April 24, 1963, and entered into force March 19, 1967, or other applicable international obligations.

(d)The President may exercise all authorities provided under section 1702 and 1704 of title 50 to carry out this section.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The National Security Act of 1947, referred to in subsec. (c)(1)(A), is act July 26, 1947, ch. 343, 61 Stat. 495. Title V of the Act is classified generally to subchapter III (§ 3091 et seq.) of chapter 44 of Title 50, War and National Defense. For complete classification of this Act to the Code, see Tables.

Statutory Notes and Related Subsidiaries

Imposition of Sanctions With Respect to Agencies or Instrumentalities of Foreign States Pub. L. 119–60, div. H, title LXXXIII, § 8317, Dec. 18, 2025, 139 Stat. 1858, provided that: “(a) Definitions.—In this section, the terms ‘knowingly’ and ‘opioid trafficking’ have the meanings given such terms in section 7203 of the Fentanyl Sanctions Act (21 U.S.C. 2302). “(b) In General.—The President may—“(1) impose one or more of the sanctions described in section 7213 of the Fentanyl Sanctions Act (21 U.S.C. 2313) with respect to any political subdivision, agency, or instrumentality of a foreign government that the President determines has knowingly, on or after the date of the enactment of this Act [Dec. 18, 2025]—“(A) engaged in a significant activity that has materially contributed to opioid trafficking; or “(B) provided financial, material, or technological support for (including through the provision of goods or services in support of) any significant activity described in subclause (A); and “(2) impose one or more of the sanctions described in section 7213(a)(6) of the Fentanyl Sanctions Act (21 U.S.C. 2313(a)(6)) with respect to any senior official of a political subdivision, agency, or instrumentality of a foreign government that the President determines has knowingly, on or after the date of the enactment of this Act engaged in a significant activity described in paragraph (1). “(c) Sunset.—The provisions of this section shall have no force or effect beginning on the date that is 5 years after the date of the enactment of this Act.”

Executive Documents

Delegation of Functions Functions and authorities of President under subsections (a)(4) to (9) and (d) of this section delegated to Secretary of the Treasury, in consultation with the Secretary of State, by section 1(d)(vi) and (vii) of Memorandum of President of the United States, Mar. 31, 2020, 85 F.R. 22343, set out as a note under section 2311 of this title.

§2313 Description of sanctions