21 U.S.C. § 2314

Current through P.L. 118-78 (published on www.congress.gov on 07/30/2024)

Section 2314 - Waivers

(a) Waiver for state-owned entities in countries that cooperate in multilateral anti-trafficking efforts

(1) In general

The President may waive for a period of not more than 12 months the application of sanctions under this subchapter with respect to an entity that is owned or controlled, directly or indirectly, by a foreign government or any political subdivision, agency, or instrumentality of a foreign government, if, not less than 15 days before the waiver is to take effect, the President certifies to the appropriate congressional committees and leadership that the foreign government is closely cooperating with the United States in efforts to prevent opioid trafficking.

(2) Certification

The 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

The President may renew a waiver under paragraph (1) for subsequent periods of not more than 12 months each if, not less than 15 days before the renewal is to take effect, the Secretary of State certifies to the appropriate congressional committees and leadership that the government of the country to which the waiver applies has effectively implemented and is effectively enforcing the measures that formed the basis for the certification under paragraph (2).

(b) Waivers for national security and access to prescription medications

(1) In general

The 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

The President shall establish a monitoring program to verify that a person that receives a waiver under paragraph (1)(B) is not trafficking illicit opioids.

(3) Notification

Not later than 15 days after making a determination under paragraph (1), the President shall notify the appropriate congressional committees and leadership of the determination and the reasons for the determination.

(c) Humanitarian waiver

The President may waive, for renewable periods of 180 days, the application of the sanctions under this subchapter if the President certifies to the appropriate congressional committees and leadership that the waiver is necessary for the provision of humanitarian assistance.

21 U.S.C. § 2314

Pub. L. 116-92, div. F, title LXXII, §72147214,, 133 Stat. 2267.

EDITORIAL NOTES

REFERENCES IN TEXTThis subchapter, referred to in subsecs. (a)(1), (b)(1), and (c), was in the original "this subtitle", meaning subtitle A (§§7211-7217) of title LXXII of div. F of Pub. L. 116-92 which is classified principally to this subchapter. For complete classification of subtitle A to the Code, see Tables.

EXECUTIVE DOCUMENTS

DELEGATION OF FUNCTIONS Functions and authorities of President under this section delegated to Secretary of State, in consultation with the Secretary of the Treasury, by section 1(b)(i) of Memorandum of President of the United States, Mar. 31, 2020, 85 F.R. 22343, set out as a note under section 2311 of this title.

appropriate congressional committees and leadership: The term "appropriate congressional committees and leadership" means-(A) the Committee on Appropriations, the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, the Select Committee on Intelligence, and the majority leader and the minority leader of the Senate; and(B) the Committee on Appropriations, the Committee on Armed Services, the Committee on Financial Services, the Committee on Foreign Affairs, the Committee on Homeland Security, the Committee on the Judiciary, the Committee on Oversight and Reform, the Permanent Select Committee on Intelligence, and the Speaker and the minority leader of the House of Representatives.
entity: The term "entity" means a partnership, joint venture, association, corporation, organization, network, group, or subgroup, or any form of business collaboration.
opioid trafficking: The term "opioid trafficking" means any illicit activity-(A) to produce, manufacture, distribute, sell, or knowingly finance or transport-(i) synthetic opioids, including controlled substances that are synthetic opioids and listed chemicals that are synthetic opioids; or(ii) active pharmaceutical ingredients or chemicals that are used in the production of controlled substances that are synthetic opioids;(B) to attempt to carry out an activity described in subparagraph (A); or(C) to assist, abet, conspire, or collude with other persons to carry out such an activity.
person: The term "person" means an individual or entity.