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U.S. Code as of:
01/19/04
Section 958. Registration requirements
(a) Applicants to import or export controlled substances in
schedule I or II
The Attorney General shall register an applicant to import or
export a controlled substance in schedule I or II if he determines
that such registration is consistent with the public interest and
with United States obligations under international treaties,
conventions, or protocols in effect on May 1, 1971. In determining
the public interest, the factors enumerated in paragraph (1)
through (6) of section 823(a) of this title shall be considered.
(b) Activity limited to specified substances
Registration granted under this section shall not entitle a
registrant to import or export controlled substances other than
specified in the registration.
(c) Applicants to import controlled substances in schedule III, IV,
or V or to export controlled substances in schedule III or IV;
applicants to import or export list I chemicals
(1) The Attorney General shall register an applicant to import a
controlled substance in schedule III, IV, or V or to export a
controlled substance in schedule III or IV, unless he determines
that the issuance of such registration is inconsistent with the
public interest. In determining the public interest, the factors
enumerated in paragraphs (1) through (6) of section 823(d) of this
title shall be considered.
(2)(A) The Attorney General shall register an applicant to import
or export a list I chemical unless the Attorney General determines
that registration of the applicant is inconsistent with the public
interest. Registration under this subsection shall not be required
for the import or export of a drug product that is exempted under
section 802(39)(A)(iv) of this title.
(B) In determining the public interest for the purposes of
subparagraph (A), the Attorney General shall consider the factors
specified in section 823(h) of this title.
(d) Denial of application
(1) The Attorney General may deny an application for registration
under subsection (a) of this section if he is unable to determine
that such registration is consistent with the public interest (as
defined in subsection (a) of this section) and with the United
States obligations under international treaties, conventions, or
protocols in effect on May 1, 1971.
(2) The Attorney General may deny an application for registration
under subsection (c) of this section, or revoke or suspend a
registration under subsection (a) or (c) of this section, if he
determines that such registration is inconsistent with the public
interest (as defined in subsection (a) or (c) of this section) or
with the United States obligations under international treaties,
conventions, or protocols in effect on May 1, 1971.
(3) The Attorney General may limit the revocation or suspension
of a registration to the particular controlled substance, or
substances, or list I chemical or chemicals, with respect to which
grounds for revocation or suspension exist.
(4) Before taking action pursuant to this subsection, the
Attorney General shall serve upon the applicant or registrant an
order to show cause as to why the registration should not be
denied, revoked, or suspended. The order to show cause shall
contain a statement of the basis thereof and shall call upon the
applicant or registrant to appear before the Attorney General, or
his designee, at a time and place stated in the order, but in no
event less than thirty days after the date of receipt of the order.
Proceedings to deny, revoke, or suspend shall be conducted pursuant
to this subsection in accordance with subchapter II of chapter 5 of
title 5. Such proceedings shall be independent of, and not in lieu
of, criminal prosecutions or other proceedings under this
subchapter or any other law of the United States.
(5) The Attorney General may, in his discretion, suspend any
registration simultaneously with the institution of proceedings
under this subsection, in cases where he finds that there is an
imminent danger to the public health and safety. Such suspension
shall continue in effect until the conclusion of such proceedings,
including judicial review thereof, unless sooner withdrawn by the
Attorney General or dissolved by a court of competent jurisdiction.
(6) In the event that the Attorney General suspends or revokes a
registration granted under this section, all controlled substances
or list I chemicals owned or possessed by the registrant pursuant
to such registration at the time of suspension or the effective
date of the revocation order, as the case may be, may, in the
discretion of the Attorney General, be seized or placed under seal.
No disposition may be made of any controlled substances or list I
chemicals under seal until the time for taking an appeal has
elapsed or until all appeals have been concluded, except that a
court, upon application therefor, may at any time order the sale of
perishable controlled substances or list I chemicals. Any such
order shall require the deposit of the proceeds of the sale with
the court. Upon a revocation order becoming final, all such
controlled substances or list I chemicals (or proceeds of the sale
thereof which have been deposited with the court) shall be
forfeited to the United States; and the Attorney General shall
dispose of such controlled substances or list I chemicals in
accordance with section 881(e) of this title.
(e) Registration period
No registration shall be issued under this subchapter for a
period in excess of one year. Unless the regulations of the
Attorney General otherwise provide, sections 822(f), 825, 827, and
830 of this title shall apply to persons registered under this
section to the same extent such sections apply to persons
registered under section 823 of this title.
(f) Rules and regulations
The Attorney General is authorized to promulgate rules and
regulations and to charge reasonable fees relating to the
registration of importers and exporters of controlled substances or
list I chemicals under this section.
(g) Scope of authorized activity
Persons registered by the Attorney General under this section to
import or export controlled substances or list I chemicals may
import or export (and for the purpose of so importing or exporting,
may possess) such substances to the extent authorized by their
registration and in conformity with the other provisions of this
subchapter and subchapter I of this chapter.
(h) Separate registrations for each principal place of business
A separate registration shall be required at each principal place
of business where the applicant imports or exports controlled
substances or list I chemicals.
(i) Emergency situations
Except in emergency situations as described in section
952(a)(2)(A) of this title, prior to issuing a registration under
this section to a bulk manufacturer of a controlled substance in
schedule I or II, and prior to issuing a regulation under section
952(a) of this title authorizing the importation of such a
substance, the Attorney General shall give manufacturers holding
registrations for the bulk manufacture of the substance an
opportunity for a hearing.
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