Laws: Cases and Codes : U.S. Code : Title 21 : Section 1904


   
U.S. Code as of: 01/19/04
Section 1904. Blocking assets and prohibiting transactions

    (a) Applicability of sanctions
      A significant foreign narcotics trafficker publicly identified in
    the report required under subsection (b) or (h)(1) of section 1903
    of this title and foreign persons designated by the Secretary of
    the Treasury pursuant to subsection (b) of this section shall be
    subject to any and all sanctions as authorized by this chapter. The
    application of sanctions on any foreign person pursuant to
    subsection (b) or (h)(1) of section 1903 of this title or
    subsection (b) of this section shall remain in effect until revoked
    pursuant to section 1903(h)(2) of this title or subsection
    (e)(1)(A) of this section or waived pursuant to section 1903(g)(1)
    of this title.
    (b) Blocking of assets
      Except to the extent provided in regulations, orders,
    instructions, licenses, or directives issued pursuant to this
    chapter, and notwithstanding any contract entered into or any
    license or permit granted prior to the date on which the President
    submits the report required under subsection (b) or (h)(1) of
    section 1903 of this title, there are blocked as of such date, and
    any date thereafter, all such property and interests in property
    within the United States, or within the possession or control of
    any United States person, which are owned or controlled by - 
        (1) any significant foreign narcotics trafficker publicly
      identified by the President in the report required under
      subsection (b) or (h)(1) of section 1903 of this title;
        (2) any foreign person that the Secretary of the Treasury, in
      consultation with the Attorney General, the Director of Central
      Intelligence, the Director of the Federal Bureau of
      Investigation, the Administrator of the Drug Enforcement
      Administration, the Secretary of Defense, and the Secretary of
      State, designates as materially assisting in, or providing
      financial or technological support for or to, or providing goods
      or services in support of, the international narcotics
      trafficking activities of a significant foreign narcotics
      trafficker so identified in the report required under subsection
      (b) or (h)(1) of section 1903 of this title, or foreign persons
      designated by the Secretary of the Treasury pursuant to this
      subsection;
        (3) any foreign person that the Secretary of the Treasury, in
      consultation with the Attorney General, the Director of Central
      Intelligence, the Director of the Federal Bureau of
      Investigation, the Administrator of the Drug Enforcement
      Administration, the Secretary of Defense, and the Secretary of
      State, designates as owned, controlled, or directed by, or acting
      for or on behalf of, a significant foreign narcotics trafficker
      so identified in the report required under subsection (b) or
      (h)(1) of section 1903 of this title, or foreign persons
      designated by the Secretary of the Treasury pursuant to this
      subsection; and
        (4) any foreign person that the Secretary of the Treasury, in
      consultation with the Attorney General, the Director of Central
      Intelligence, the Director of the Federal Bureau of
      Investigation, the Administrator of the Drug Enforcement
      Administration, the Secretary of Defense, and the Secretary of
      State, designates as playing a significant role in international
      narcotics trafficking.
    (c) Prohibited transactions
      Except to the extent provided in regulations, orders,
    instructions, licenses, or directives issued pursuant to this
    chapter, and notwithstanding any contract entered into or any
    license or permit granted prior to the date on which the President
    submits the report required under subsection (b) or (h)(1) of
    section 1903 of this title, the following transactions are
    prohibited:
        (1) Any transaction or dealing by a United States person, or
      within the United States, in property or interests in property of
      any significant foreign narcotics trafficker so identified in the
      report required pursuant to subsection (b) or (h)(1) of section
      1903 of this title, and foreign persons designated by the
      Secretary of the Treasury pursuant to subsection (b) of this
      section.
        (2) Any transaction or dealing by a United States person, or
      within the United States, that evades or avoids, or has the
      effect of evading or avoiding, and any endeavor, attempt, or
      conspiracy to violate, any of the prohibitions contained in this
      chapter.
    (d) Law enforcement and intelligence activities not affected
      Nothing in this chapter prohibits or otherwise limits the
    authorized law enforcement or intelligence activities of the United
    States, or the law enforcement activities of any State or
    subdivision thereof.
    (e) Implementation
      (1) The Secretary of the Treasury, in consultation with the
    Attorney General, the Director of Central Intelligence, the
    Director of the Federal Bureau of Investigation, the Administrator
    of the Drug Enforcement Administration, the Secretary of Defense,
    and the Secretary of State, is authorized to take such actions as
    may be necessary to carry out this chapter, including - 
        (A) making those designations authorized by paragraphs (2),
      (3), and (4) of subsection (b) of this section and revocation
      thereof;
        (B) promulgating rules and regulations permitted under this
      chapter; and
        (C) employing all powers conferred on the Secretary of the
      Treasury under this chapter.

      (2) Each agency of the United States shall take all appropriate
    measures within its authority to carry out the provisions of this
    chapter.
      (3) Section 552(a)(3) of title 5 shall not apply to any record or
    information obtained or created in the implementation of this
    chapter.



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