109TH CONGRESS

1ST SESSION S. 1395

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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S 1395 ES

1 SECTION 1. REEXPORTATION OF CONTROLLED SUB2 STANCES.

3 (a) SHORT TITLE.—This Act may be cited as the

4 ‘‘Controlled Substances Export Reform Act of 2005’’.

5 (b) IN GENERAL.—Section 1003 of the Controlled

6 Substances Import and Export Act (21 U.S.C. 953) is

7 amended by adding at the end the following:

8 ‘‘(f) Notwithstanding subsections (a)(4) and (c)(3),

9 the Attorney General may authorize any controlled sub10 stance that is in schedule I or II, or is a narcotic drug

11 in schedule III or IV, to be exported from the United

12 States to a country for subsequent export from that coun13 try to another country, if each of the following conditions

14 is met:

15 ‘‘(1) Both the country to which the controlled

16 substance is exported from the United States (re17 ferred to in this subsection as the ‘first country’)

18 and the country to which the controlled substance is

19 exported from the first country (referred to in this

20 subsection as the ‘second country’) are parties to the

21 Single Convention on Narcotic Drugs, 1961, and the

22 Convention on Psychotropic Substances, 1971.

23 ‘‘(2) The first country and the second country

24 have each instituted and maintain, in conformity

25 with such Conventions, a system of controls of im-
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S 1395 ES

1 ports of controlled substances which the Attorney

2 General deems adequate.

3 ‘‘(3) With respect to the first country, the con4 trolled substance is consigned to a holder of such

5 permits or licenses as may be required under the

6 laws of such country, and a permit or license to im7 port the controlled substance has been issued by the

8 country.

9 ‘‘(4) With respect to the second country, sub10 stantial evidence is furnished to the Attorney Gen11 eral by the person who will export the controlled

12 substance from the United States that—

13 ‘‘(A) the controlled substance is to be con14 signed to a holder of such permits or licenses

15 as may be required under the laws of such

16 country, and a permit or license to import the

17 controlled substance is to be issued by the coun18 try; and

19 ‘‘(B) the controlled substance is to be ap20 plied exclusively to medical, scientific, or other

21 legitimate uses within the country.

22 ‘‘(5) The controlled substance will not be ex23 ported from the second country.

24 ‘‘(6) Within 30 days after the controlled sub25 stance is exported from the first country to the sec-
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S 1395 ES

1 ond country, the person who exported the controlled

2 substance from the United States delivers to the At3 torney General documentation certifying that such

4 export from the first country has occurred.

5 ‘‘(7) A permit to export the controlled sub6 stance from the United States has been issued by

7 the Attorney General.’’.

Passed the Senate July 13, 2005.

Attest:

Secretary.
109TH CONGRESS

1ST SESSION S. 1395

AN ACT

To amend the Controlled Substances Import and

guards are satisfied.second country, if certain conditions and safetry for subsequent export from that country to astances from the United States to another counGeneral to authorize the export of controlled subExport Act to provide authority for the Attorney