. /.   WORLD TRADE  
ORGANIZATION  G/LIC/Q/USA/4 
4 June 2008 
 (08-2605) 
Committee on Import Licensing Original:   English 
  
 
NOTIFICATION OF REPLIES TO THE QUESTIONNAIRE ON IMPORT LICENSING 
PROCEDURES FROM THE UNITED STATES
1 
 
Replies from the UNITED STATES to Questions from CANADA  
 
 
 The following communication, dated 29 May 2008, is being circulated at the request of the delegation of the United States.  
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Replies from the United States to Canada concerning the United States’ 
 
Import Licensing Procedures on G/LIC/N/3/USA/5  
  This communication responds to the document  dated April 17, 2008, submitting "Questions 
from CANADA to the UNITED STATES"  regarding the importation of controlled substances into the 
United States
2. 
 
1. Can the United States explain why it is necessary  that the needs of the United States in 
controlled substances must first be met by dom estic manufacturers prior a llowing imported products 
to meet demand? 
The importation of controlled substances into the United States is governed by the Controlled 
Substances Import and Export Act, 21 U.S.C. 952.  This  provision was part of the original Controlled 
Substances Import and Export Act (hereinafter CSIEA) enacted by the United States Congress in 1970 and it remains essentially unchanged since its or iginal enactment.  The CSIEA (along with the 
companion act governing domestic activities known as the Controlled Substances Act) were enacted 
by the United States Congress to address a number of  issues.  The legislation seeks to provide an 
effective means of preventing and controlling drug abuse and to support principles of international 
drug control that have existed since the early part  of the 20th century and which have proven to be 
effective in combating internationa l diversion of controlled substances into illicit channels.   It also 
implements U.S. obligations under international dr ug control treaties to which the United States is a 
party, including, but not limited to, the Si ngle Convention on Narcotic Drugs, 1961 (Single 
Convention).   
Subsection 952(a) of the CSIEA covers the im portation into the United States of controlled 
substances in schedules I and II and narcotic drugs  in schedules III, IV, and V.  Subsection 952(b) 
applies to imports into the United States of non-na rcotic controlled substances in schedules III, IV, 
and V.  These provisions curtail diversion of da ngerous drugs into illicit ch annels domestically and 
worldwide while providing legitim ate domestic access.  They do so by, for example, requiring 
licenses for importation of both raw materials and fi nished goods, as described in G/LIC/N/3/USA/5, 
                                                     
 
1 See document G/LIC/3, Annex, for the Questionnaire. 
2 G/LIC/Q/USA/3 G/LIC/Q/USA/4 
Page 2  
 
  as well as discouraging domestic production of narc otic raw materials (e.g., opium, poppy straw, 
concentrate of poppy straw, and coca leaves); en forcing quotas for consumption of manufactured 
narcotic substances that reflect the estimated size of the legitimate domestic market for such products; 
requiring importers of non-narcotic  controlled substances to demonstrate a medical, scientific, or 
other legitimate use for the product; and generall y minimizing opportunities for illegal diversion of 
controlled substances when offered for legitimate sa le.  We view such requirements as critical to 
prevent and control drug abuse and to support principles of international drug control.  
2. Has the United States ever allowed or consid ered allowing those who are responsible for 
supplying the United States market to choose whether foreign or domestic manufacturers may 
contribute to fulfilling the quotas for the United States market?  If not, why not?  
The United States maintains non-automatic li censing requirements for certain imported 
products, including controlled substances.  We cons ider that there is a significant risk of illegal 
diversion of controlled substances, with the possibi lity of extremely serious consequences, including 
with respect to health and safety in the United States.  The requir ements mandated by the CSIEA and 
the Controlled Substances Act, as well as the im port licensing described in G/LIC/USA/3/N/5, are 
applied to guard against these eventualities.  Th ere are no plans to alter them at this time.  
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