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U.S. Code as of:
01/19/04
Section 971. Notification, suspension of shipment, and penalties with respect to importation and exportation of listed chemicals
(a) Notification prior to transaction
Each regulated person who imports or exports a listed chemical
shall notify the Attorney General of the importation or exportation
not later than 15 days before the transaction is to take place.
(b) Regular customers or importers
(1) The Attorney General shall provide by regulation for
circumstances in which the requirement of subsection (a) of this
section does not apply to a transaction between a regulated person
and a regular customer or to an importation by a regular importer.
At the time of any importation or exportation constituting a
transaction referred to in the preceding sentence, the regulated
person shall notify the Attorney General of the transaction.
(2) The regulations under this subsection shall provide that the
initial notification under subsection (a) of this section with
respect to a customer of a regulated person or to an importer
shall, upon the expiration of the 15-day period, qualify the
customer as a regular customer or the importer as a regular
importer, unless the Attorney General otherwise notifies the
regulated person in writing.
(c) Suspension of importation or exportation; disqualification of
regular customers or importers; hearing
(1) The Attorney General may order the suspension of any
importation or exportation of a listed chemical (other than a
regulated transaction to which the requirement of subsection (a) of
this section does not apply by reason of subsection (b) of this
section) or may disqualify any regular customer or regular importer
on the ground that the chemical may be diverted to the clandestine
manufacture of a controlled substance. From and after the time when
the Attorney General provides written notice of the order
(including a statement of the legal and factual basis for the
order) to the regulated person, the regulated person may not carry
out the transaction.
(2) Upon written request to the Attorney General, a regulated
person to whom an order applies under paragraph (1) is entitled to
an agency hearing on the record in accordance with subchapter II of
chapter 5 of title 5. The hearing shall be held on an expedited
basis and not later than 45 days after the request is made, except
that the hearing may be held at a later time, if so requested by
the regulated person.
(d) Broker or trader for international transaction in listed
chemical
A person located in the United States who is a broker or trader
for an international transaction in a listed chemical that is a
regulated transaction solely because of that person's involvement
as a broker or trader shall, with respect to that transaction, be
subject to all of the notification, reporting, recordkeeping, and
other requirements placed upon exporters of listed chemicals by
this subchapter and subchapter I of this chapter.
(e) Application of notification requirement to exports of listed
chemical; waiver
(1) The Attorney General may by regulation require that the
15-day notification requirement of subsection (a) of this section
apply to all exports of a listed chemical to a specified country,
regardless of the status of certain customers in such country as
regular customers, if the Attorney General finds that such
notification is necessary to support effective chemical diversion
control programs or is required by treaty or other international
agreement to which the United States is a party.
(2) The Attorney General may by regulation waive the 15-day
notification requirement for exports of a listed chemical to a
specified country if the Attorney General determines that such
notification is not required for effective chemical diversion
control. If the notification requirement is waived, exporters of
the listed chemical shall be required to submit to the Attorney
General reports of individual exportations or periodic reports of
such exportation of the listed chemical, at such time or times and
containing such information as the Attorney General shall establish
by regulation.
(3) The Attorney General may by regulation waive the 15-day
notification requirement for the importation of a listed chemical
if the Attorney General determines that such notification is not
necessary for effective chemical diversion control. If the
notification requirement is waived, importers of the listed
chemical shall be required to submit to the Attorney General
reports of individual importations or periodic reports of the
importation of the listed chemical, at such time or times and
containing such information as the Attorney General shall establish
by regulation.
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