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[109th Congress Public Law 57]
[From the U.S. Government Printing Office]

[DOCID: f:publ057.109]

[[Page 119 STAT. 592]]

Public Law 109-57
109th Congress

                                 An Act

 
  To amend the Controlled Substances Import and Export Act to provide 
authority for the Attorney General to authorize the export of controlled 
  substances from the United States to another country for subsequent 
export from that country to a second country, if certain conditions and 
     safeguards are satisfied. <<NOTE: Aug. 2, 2005 -  [S. 1395]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Controlled Substances 
Export Reform Act of 2005.>> assembled,

SECTION 1. REEXPORTATION OF CONTROLLED SUBSTANCES.

    (a) Short Title.--This <<NOTE: 21 USC 801 note.>> Act may be cited 
as the ``Controlled Substances Export Reform Act of 2005''.

    (b) In General.--Section 1003 of the Controlled Substances Import 
and Export Act (21 U.S.C. 953) is amended by adding at the end the 
following:
    ``(f) Notwithstanding subsections (a)(4) and (c)(3), the Attorney 
General may authorize any controlled substance that is in schedule I or 
II, or is a narcotic drug in schedule III or IV, to be exported from the 
United States to a country for subsequent export from that country to 
another country, if each of the following conditions is met:
            ``(1) Both the country to which the controlled substance is 
        exported from the United States (referred to in this subsection 
        as the `first country') and the country to which the controlled 
        substance is exported from the first country (referred to in 
        this subsection as the `second country') are parties to the 
        Single Convention on Narcotic Drugs, 1961, and the Convention on 
        Psychotropic Substances, 1971.
            ``(2) The first country and the second country have each 
        instituted and maintain, in conformity with such Conventions, a 
        system of controls of imports of controlled substances which the 
        Attorney General deems adequate.
            ``(3) With respect to the first country, the controlled 
        substance is consigned to a holder of such permits or licenses 
        as may be required under the laws of such country, and a permit 
        or license to import the controlled substance has been issued by 
        the country.
            ``(4) With respect to the second country, substantial 
        evidence is furnished to the Attorney General by the person who 
        will export the controlled substance from the United States 
        that--
                    ``(A) the controlled substance is to be consigned to 
                a holder of such permits or licenses as may be required 
                under the laws of such country, and a permit or license 
                to import the controlled substance is to be issued by 
                the country; and

[[Page 119 STAT. 593]]

                    ``(B) the controlled substance is to be applied 
                exclusively to medical, scientific, or other legitimate 
                uses within the country.
            ``(5) The controlled substance will not be exported from the 
        second country.
            ``(6) <<NOTE: Deadline.>> Within 30 days after the 
        controlled substance is exported from the first country to the 
        second country, the person who exported the controlled substance 
        from the United States delivers to the Attorney General 
        documentation certifying that such export from the first country 
        has occurred.
            ``(7) A permit to export the controlled substance from the 
        United States has been issued by the Attorney General.''.

    Approved August 2, 2005.

LEGISLATIVE HISTORY--S. 1395 (H.R. 184):
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CONGRESSIONAL RECORD, Vol. 151 (2005):
            July 13, considered and passed Senate.
            July 27, considered and passed House.

                                  <all>
```