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U.S. Code as of:
01/19/04
Section 953. Exportation of controlled substances
(a) Narcotic drugs in schedule I, II, III, or IV
It shall be unlawful to export from the United States any
narcotic drug in schedule I, II, III, or IV unless -
(1) it is exported to a country which is a party to -
(A) the International Opium Convention of 1912 for the
Suppression of the Abuses of Opium, Morphine, Cocaine, and
Derivative Drugs, or to the International Opium Convention
signed at Geneva on February 19, 1925; or
(B) the Convention for Limiting the Manufacture and
Regulating the Distribution of Narcotic Drugs concluded at
Geneva, July 13, 1931, as amended by the protocol signed at
Lake Success on December 11, 1946, and the protocol bringing
under international control drugs outside the scope of the
convention of July 13, 1931, for limiting the manufacture and
regulating the distribution of narcotic drugs (as amended by
the protocol signed at Lake Success on December 11, 1946),
signed at Paris, November 19, 1948; or
(C) the Single Convention on Narcotic Drugs, 1961, signed at
New York, March 30, 1961;
(2) such country has instituted and maintains, in conformity
with the conventions to which it is a party, a system for the
control of imports of narcotic drugs which the Attorney General
deems adequate;
(3) the narcotic drug is consigned to a holder of such permits
or licenses as may be required under the laws of the country of
import, and a permit or license to import such drug has been
issued by the country of import;
(4) substantial evidence is furnished to the Attorney General
by the exporter that (A) the narcotic drug is to be applied
exclusively to medical or scientific uses within the country of
import, and (B) there is an actual need for the narcotic drug for
medical or scientific uses within such country; and
(5) a permit to export the narcotic drug in each instance has
been issued by the Attorney General.
(b) Exception for exportation for special scientific purposes
Notwithstanding subsection (a) of this section, the Attorney
General may authorize any narcotic drug (including crude opium and
coca leaves) in schedule I, II, III, or IV to be exported from the
United States to a country which is a party to any of the
international instruments mentioned in subsection (a) of this
section if the particular drug is to be applied to a special
scientific purpose in the country of destination and the
authorities of such country will permit the importation of the
particular drug for such purpose.
(c) Nonnarcotic controlled substances in schedule I or II
It shall be unlawful to export from the United States any
nonnarcotic controlled substance in schedule I or II unless -
(1) it is exported to a country which has instituted and
maintains a system which the Attorney General deems adequate for
the control of imports of such substances;
(2) the controlled substance is consigned to a holder of such
permits or licenses as may be required under the laws of the
country of import;
(3) substantial evidence is furnished to the Attorney General
that (A) the controlled substance is to be applied exclusively to
medical, scientific, or other legitimate uses within the country
to which exported, (B) it will not be exported from such country,
and (C) there is an actual need for the controlled substance for
medical, scientific, or other legitimate uses within the country;
and
(4) a permit to export the controlled substance in each
instance has been issued by the Attorney General.
(d) Exception for exportation for special scientific purposes
Notwithstanding subsection (c) of this section, the Attorney
General may authorize any nonnarcotic controlled substance in
schedule I or II to be exported from the United States if the
particular substance is to be applied to a special scientific
purpose in the country of destination and the authorities of such
country will permit the importation of the particular drug for such
purpose.
(e) Nonnarcotic controlled substances in schedule III or IV;
controlled substances in schedule V
It shall be unlawful to export from the United States to any
other country any nonnarcotic controlled substance in schedule III
or IV or any controlled substances in schedule V unless -
(1) there is furnished (before export) to the Attorney General
documentary proof that importation is not contrary to the laws or
regulations of the country of destination for consumption for
medical, scientific, or other legitimate purposes;
(2) it is exported pursuant to such notification or
declaration, or in the case of any nonnarcotic controlled
substance in schedule III, such export permit, notification, or
declaration as the Attorney General may by regulation prescribe;
and
(3) in the case of a nonnarcotic controlled substance in
schedule IV or V which is also listed in schedule I or II of the
Convention on Psychotropic Substances, it is exported pursuant to
such export permit requirements, prescribed by regulation of the
Attorney General, as are required by the Convention.
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