§953 Exportation of Controlled Substances

Summary

You cannot export narcotic drugs in schedules I, II, III, or IV from the United States unless several conditions are met. The country getting the drug must be a party to one of the listed international treaties (including the International Opium Conventions of 1912 and 1925, the 1931 Geneva convention with its 1946 and 1948 protocols, or the Single Convention on Narcotic Drugs, 1961). That country must have an import-control system the Attorney General finds adequate. The shipment must be sent to someone in that country who has whatever local import permits or licenses are needed, and that country must have issued an import permit. The U.S. exporter must show strong proof to the Attorney General that the drug will be used only for medical or scientific reasons and that there is a real need. The Attorney General must also issue an export permit before export. Similar rules apply to nonnarcotic controlled substances in schedules I and II, with the added rule that they must not be sent out of the destination country. The Attorney General may allow exports for special scientific purposes. The Attorney General may also allow exports to a first country for later export to a second country if both countries are parties to the Single Convention (1961) and the 1971 Convention on Psychotropic Substances, both keep adequate controls, required permits are in place, and the exporter provides proof of legitimate medical or scientific need. For such re-exports, the exporter must give the Attorney General documentation within 30 days that the transfer to the second country happened (and, for re-exports among European Economic Area countries, provide consignee, country, and product information). The Attorney General may not create rules that block re-exports among EEA countries by imposing time limits or by demanding that consignee/country/product information be given before the U.S. export or before each EEA re-export.