S. 1395

One Hundred Ninth Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Tuesday,

the fourth day of January, two thousand and five

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.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. REEXPORTATION OF CONTROLLED SUBSTANCES.

(a) SHORT TITLE.—This 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
S. 1395—2

‘‘(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) 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.’’.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.