Collapse to view only § 2314. Waivers
- § 2311. Identification of foreign opioid traffickers
- § 2312. Imposition of sanctions
- § 2313. Description of sanctions
- § 2313a. Designation of transactions of sanctioned persons as of primary money laundering concern
- § 2314. Waivers
- § 2315. Procedures for judicial review of classified information
- § 2316. Briefings on implementation
§ 2311. Identification of foreign opioid traffickers
(a) Public report
(1) In general
The President shall submit to the appropriate congressional committees and leadership, in accordance with subsection (c), a report—
(A) identifying the foreign persons that the President determines are foreign opioid traffickers;
(B) detailing progress the President has made in implementing this subchapter; and
(C) providing an update on cooperative efforts with the governments of Mexico, the People’s Republic of China, and other countries of concern with respect to combating foreign opioid traffickers.
(2) Identification of additional persons
(3) Exclusion
(4) Form of report
(A) In general
(B) Availability to public
(b) Classified report
(1) In general
The President shall submit to the appropriate congressional committees and leadership, in accordance with subsection (c), a report, in classified form—
(A) describing in detail the status of sanctions imposed under this subchapter, including the personnel and resources directed toward the imposition of such sanctions during the preceding fiscal year;
(B) providing background information with respect to persons newly identified as foreign opioid traffickers and their illicit activities;
(C) describing actions the President intends to undertake or has undertaken to implement this subchapter; and
(D) providing a strategy for identifying additional foreign opioid traffickers.
(2) Effect on other reporting requirements
(c) Submission of reports
(d) Exclusion of certain information
(1) Intelligence
(2) Law enforcement
Notwithstanding any other provision of this section, a report required by subsection (a) or (b) shall not disclose the identity of any person if the Attorney General, in coordination, as appropriate, with the Director of the Federal Bureau of Investigation, the Administrator of the Drug Enforcement Administration, the Secretary of the Treasury, the Secretary of State, and the head of any other appropriate Federal law enforcement agency, determines that such disclosure could reasonably be expected—
(A) to compromise the identity of a confidential source, including a State, local, or foreign agency or authority or any private institution that furnished information on a confidential basis;
(B) to jeopardize the integrity or success of an ongoing criminal investigation or prosecution;
(C) to endanger the life or physical safety of any person; or
(D) to cause substantial harm to physical property.
(3) Notification required
(4) Rule of construction
(e) Provision of information required for reports
(Pub. L. 116–92, div. F, title LXXII, § 7211, Dec. 20, 2019, 133 Stat. 2263.)
§ 2312. Imposition of sanctions
The President shall impose five or more of the sanctions described in section 2313 of this title with respect to each foreign person that is an entity, and four or more of such sanctions with respect to each foreign person that is an individual, that—
(1) is identified as a foreign opioid trafficker in a report submitted under section 2311(a) of this title; or
(2) the President determines is owned, controlled, directed by, knowingly supplying or sourcing precursors for, or knowingly acting for or on behalf of, such a foreign opioid trafficker.
(Pub. L. 116–92, div. F, title LXXII, § 7212, Dec. 20, 2019, 133 Stat. 2265.)
§ 2313. Description of sanctions
(a) In general
The sanctions that may be imposed with respect to a foreign person under section 2312 of this title are the following:
(1) Loans from United States financial institutions
(2) Prohibitions on financial institutions
The following prohibitions may be imposed with respect to a foreign person that is a financial institution:
(A) Prohibition on designation as primary dealer
(B) Prohibition on service as a repository of Government funds
The imposition of either sanction under subparagraph (A) or (B) shall be treated as one sanction for purposes of section 2312 of this title, and the imposition of both such sanctions shall be treated as 2 sanctions for purposes of that section.
(3) Procurement ban
(4) Foreign exchange
(5) Banking transactions
(6) Property transactions
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) Ban on investment in equity or debt of sanctioned person
(8) Exclusion of corporate officers
(9) Sanctions on principal executive officers
(b) Penalties
(c) Exceptions
(1) Intelligence and law enforcement activities
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) Exception to comply with United Nations headquarters agreement
(d) Implementation
(Pub. L. 116–92, div. F, title LXXII, § 7213, Dec. 20, 2019, 133 Stat. 2266.)
§ 2313a. Designation of transactions of sanctioned persons as of primary money laundering concern
(a) In general
If the Secretary of the Treasury determines that reasonable grounds exist for concluding that 1 or more financial institutions operating outside of the United States, 1 or more classes of transactions within, or involving, a jurisdiction outside of the United States, or 1 or more types of accounts within, or involving, a jurisdiction outside of the United States, is of primary money laundering concern in connection with illicit opioid trafficking, the Secretary of the Treasury may, by order, regulation, or otherwise as permitted by law—
(1) require domestic financial institutions and domestic financial agencies to take 1 or more of the special measures provided for in section 9714(a)(1) of the National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 31 U.S.C. 5318A note); or
(2) prohibit, or impose conditions upon, certain transmittals of funds (to be defined by the Secretary) by any domestic financial institution or domestic financial agency, if such transmittal of funds involves any such institution, class of transaction, or type of accounts.
(b) Classified information
(c) Availability of information
(d) Penalties
(e) Injunctions
(Pub. L. 116–92, div. F, title LXXII, § 7213A, as added Pub. L. 118–50, div. E, title II, § 3201(a), Apr. 24, 2024, 138 Stat. 940.)
§ 2314. Waivers
(a) Waiver for state-owned entities in countries that cooperate in multilateral anti-trafficking efforts
(1) In general
(2) CertificationThe President may certify under paragraph (1) that a foreign government is closely cooperating with the United States in efforts to prevent opioid trafficking if that government is—
(A) implementing domestic laws to schedule all fentanyl analogues as controlled substances; and
(B) doing two or more of the following:
(i) Implementing substantial improvements in regulations involving the chemical and pharmaceutical production and export of illicit opioids.
(ii) Implementing substantial improvements in judicial regulations to combat transnational criminal organizations that traffic opioids.
(iii) Increasing efforts to prosecute foreign opioid traffickers.
(iv) Increasing intelligence sharing and law enforcement cooperation with the United States with respect to opioid trafficking.
(3) Subsequent renewal of waiver
(b) Waivers for national security and access to prescription medications
(1) In generalThe President may waive the application of sanctions under this subchapter if the President determines that the application of such sanctions would harm—
(A) the national security interests of the United States; or
(B) subject to paragraph (2), the access of United States persons to prescription medications.
(2) Monitoring
(3) Notification
(c) Humanitarian waiver
(Pub. L. 116–92, div. F, title LXXII, § 7214, Dec. 20, 2019, 133 Stat. 2267.)
§ 2315. Procedures for judicial review of classified information
(a) In general
(b) Rule of constructionNothing in this section shall be construed—
(1) to confer or imply any right to judicial review of any finding under this subchapter, or any prohibition, condition, or penalty imposed as a result of any such finding; or
(2) to limit or restrict any other practice, procedure, right, remedy, or safeguard that—
(A) relates to the protection of classified information; and
(B) is available to the United States in connection with any type of administrative hearing, litigation, or other proceeding.
(Pub. L. 116–92, div. F, title LXXII, § 7215, Dec. 20, 2019, 133 Stat. 2268.)
§ 2316. Briefings on implementation
Not later than 90 days after December 20, 2019, and every 180 days thereafter until the date that is 5 years after December 20, 2019, the President, acting through the Secretary of State and the Director of National Intelligence, in coordination with the Secretary of the Treasury, shall provide to the appropriate congressional committees and leadership a comprehensive briefing on efforts to implement this subchapter.
(Pub. L. 116–92, div. F, title LXXII, § 7216, Dec. 20, 2019, 133 Stat. 2269.)