II 

Calendar No. 114 

118TH CONGRESS 

1ST SESSION S. 1271 

To impose sanctions with respect to trafficking of illicit fentanyl and its 

precursors by transnational criminal organizations, including cartels, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 25, 2023 

Mr. SCOTT of South Carolina (for himself, Mr. BROWN, Mr. WICKER, Mr. 

REED, Mr. VANCE, Mr. TESTER, Ms. LUMMIS, Ms. SINEMA, Mrs. BRITT, 

Ms. CORTEZ MASTO, Mr. KENNEDY, Mr. FETTERMAN, Mr. HAGERTY, 

Ms. SMITH, Mr. MENENDEZ, Mr. RISCH, Mr. VAN HOLLEN, Mr. MORAN, 

Mr. WARNER, Mr. DAINES, Ms. HASSAN, Mr. CRAPO, Mrs. SHAHEEN, 

Ms. COLLINS, Mr. HEINRICH, Mr. BRAUN, Ms. ROSEN, Ms. ERNST, Mr. 

CASEY, Mr. CRAMER, Ms. BALDWIN, Mr. ROUNDS, Mr. KELLY, Mrs. 

CAPITO, Mr. KING, Mr. SCOTT of Florida, Mr. WHITEHOUSE, Mr. BUDD, 

Mrs. GILLIBRAND, Mr. TILLIS, Mr. MANCHIN, Mr. CASSIDY, Mr. CORNYN, Mr. WYDEN, Mr. SCHMITT, Mr. KAINE, Mr. LANKFORD, Mr. BOOZMAN, Mr. PADILLA, Mr. BLUMENTHAL, Mr. THUNE, Mr. PETERS, Mr. 

RUBIO, Ms. STABENOW, Mr. SULLIVAN, Mr. SCHATZ, Mr. RICKETTS, Ms. 

KLOBUCHAR, Mrs. BLACKBURN, Mr. MARKEY, Mr. HICKENLOOPER, Mr. 

BARRASSO, and Mr. GRAHAM) introduced the following bill; which was 

read twice and referred to the Committee on Banking, Housing, and 

Urban Affairs 

JUNE 22, 2023 

Reported by Mr. BROWN, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To impose sanctions with respect to trafficking of illicit 


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fentanyl and its precursors by transnational criminal organizations, including cartels, and for other purposes. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Fentanyl Eradication and Narcotics Deterrence Off 

6 Fentanyl Act’’ or the ‘‘FEND Off Fentanyl Act’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Sense of Congress. 

Sec. 3. Definitions. 

TITLE I—SANCTIONS MATTERS 

Subtitle A—Sanctions in Response to National Emergency Relating to 

Fentanyl Trafficking 

Sec. 101. Finding; policy. 

Sec. 102. Use of national emergency authorities; reporting. 

Sec. 103. Codification of Executive order imposing sanctions with respect to 

foreign persons involved in global illicit drug trade. 

Sec. 104. Imposition of sanctions with respect to fentanyl trafficking by 

transnational criminal organizations. 

Sec. 105. Penalties; waivers; exceptions. 

Sec. 106. Treatment of blocked property of transnational criminal organizations. 

Subtitle B—Other Matters 

Sec. 111. Eight-year statute of limitations for violations of sanctions. 

Sec. 112. Repeal of prohibition on imposition of sanctions with respect to importation of goods under Fentanyl Sanctions Act. 

Sec. 113. Classified report and briefing on staffing of Office of Foreign Assets 

Control. 

Sec. 114. Report on drug transportation routes and use of vessels with mislabeled cargo. 

TITLE II—ANTI-MONEY LAUNDERING MATTERS 

Sec. 201. Designation of illicit fentanyl transactions of sanctioned persons as 

of primary money laundering concern. 


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Sec. 202. Treatment of transnational criminal organizations in suspicious 

transactions reports of the Financial Crimes Enforcement Network. 

Sec. 203. Report on trade-based money laundering in trade with Mexico, the 

People’s Republic of China, and Burma. 

1 SEC. 2. SENSE OF CONGRESS. 

2 It is the sense of Congress that— 

3 (1) the proliferation of fentanyl is causing an 

4 unprecedented surge in overdose deaths in the 

5 United States, fracturing families and communities, 

6 and necessitating a comprehensive policy response to 

7 combat its lethal flow and to mitigate the drug’s 

8 devastating consequences; 

9 (2) the trafficking of fentanyl into the United 

10 States is a national security threat that has killed 

11 hundreds of thousands of United States citizens; 

12 (3) transnational criminal organizations, includ13 ing cartels primarily based in Mexico, are the main 

14 purveyors of fentanyl into the United States and 

15 must be held accountable; 

16 (4) precursor chemicals sourced from the Peo17 ple’s Republic of China are— 

18 (A) shipped from the People’s Republic of 

19 China by legitimate and illegitimate means; 

20 (B) transformed through various synthetic 

21 processes to produce different forms of 

22 fentanyl; and 


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1 (C) crucial to the production of illicit 

2 fentanyl by transnational criminal organiza3 tions, contributing to the ongoing opioid crisis; 

4 (5) the United States Government must remain 

5 vigilant to address all new forms of fentanyl precur6 sors and drugs used in combination with fentanyl, 

7 such as Xylazine, which attribute to overdose deaths 

8 of people in the United States; 

9 (6) to increase the cost of fentanyl trafficking, 

10 the United States Government should work collabo11 ratively across agencies and should surge analytic 

12 capability to impose sanctions and other remedies 

13 with respect to transnational criminal organizations 

14 (including cartels), including foreign nationals who 

15 facilitate the trade in illicit fentanyl and its precur16 sors from the People’s Republic of China and such 

17 organizations; and 

18 (7) the Department of the Treasury should 

19 focus on fentanyl trafficking and its facilitators as 

20 one of the top national security priorities for the De21 partment. 

22 SEC. 3. DEFINITIONS. 

23 In this Act: 


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1 (1) APPROPRIATE CONGRESSIONAL COMMIT2 TEES.—The term ‘‘appropriate congressional com3 mittees’’ means— 

4 (A) the Committee on Banking, Housing, 

5 and Urban Affairs of the Senate; and 

6 (B) the Committee on Foreign Affairs and 

7 the Committee on Financial Services of the 

8 House of Representatives. 

9 (2) FOREIGN PERSON.—The term ‘‘foreign per10 son’’— 

11 (A) means— 

12 (i) any citizen or national of a foreign 

13 country; or 

14 (ii) any entity not organized under the 

15 laws of the United States or a jurisdiction 

16 within the United States; and 

17 (B) does not include the government of a 

18 foreign country. 

19 (3) KNOWINGLY.—The term ‘‘knowingly’’, with 

20 respect to conduct, a circumstance, or a result, 

21 means that a person has actual knowledge, or should 

22 have known, of the conduct, the circumstance, or the 

23 result. 

24 (4) TRAFFICKING.—The term ‘‘trafficking’’, 

25 with respect to fentanyl, fentanyl precursors, or 


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1 other related opioids, has the meaning given the 

2 term ‘‘opioid trafficking’’ in section 7203 of the 

3 Fentanyl Sanctions Act (21 U.S.C. 2302). 

4 (5) TRANSNATIONAL CRIMINAL ORGANIZA5 TION.—The term ‘‘transnational criminal organiza6 tion’’ includes— 

7 (A) any organization designated as a sig8 nificant transnational criminal organization 

9 under part 590 of title 31, Code of Federal 

10 Regulations; 

11 (B) any of the organizations known as— 

12 (i) the Sinaloa Cartel; 

13 (ii) the Jalisco New Generation Car14 tel; 

15 (iii) the Gulf Cartel; 

16 (iv) the Los Zetas Cartel; 

17 (v) the Juarez Cartel; 

18 (vi) the Tijuana Cartel; 

19 (vii) the Beltran-Leyva Cartel; 

20 (viii) La Familia Michoacana, also 

21 known as the Knights Templar Cartel; or 

22 (ix) La Nueva Familia Michoacan; 

23 (C) any other organization that the Presi24 dent determines is a transnational criminal or25 ganization; or 


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1 (D) any successor organization to an orga2 nization described in subparagraph (B) or as 

3 otherwise determined by the President. 

4 (6) UNITED STATES PERSON.—The term 

5 ‘‘United States person’’ means— 

6 (A) a United States citizen or an alien law7 fully admitted for permanent residence to the 

8 United States; 

9 (B) an entity organized under the laws of 

10 the United States or of any jurisdiction within 

11 the United States, including a foreign branch of 

12 such an entity; or 

13 (C) any person in the United States. 

14 TITLE I—SANCTIONS MATTERS 

15 Subtitle A—Sanctions in Response 

16 to National Emergency Relating 

17 to Fentanyl Trafficking 

18 SEC. 101. FINDING; POLICY. 

19 (a) FINDING.—Congress finds that international 

20 trafficking of fentanyl, fentanyl precursors, or other re21 lated opioids constitutes an unusual and extraordinary 

22 threat to the national security, foreign policy, and econ23 omy of the United States, and is a national emergency. 

24 (b) POLICY.—It shall be the policy of the United 

25 States to apply economic and other financial sanctions to 


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1 those who engage in the international trafficking of 

2 fentanyl, fentanyl precursors, or other related opioids to 

3 protect the national security, foreign policy, and economy 

4 of the United States. 

5 SEC. 102. USE OF NATIONAL EMERGENCY AUTHORITIES; 

6 REPORTING. 

7 (a) IN GENERAL.—The President may exercise all 

8 authorities provided under sections 203 and 205 of the 

9 International Emergency Economic Powers Act (50 

10 U.S.C. 1702 and 1704) to carry out this subtitle. 

11 (b) REPORT REQUIRED.— 

12 (1) IN GENERAL.—Not later than 180 days 

13 after the date of the enactment of this Act, and an14 nually thereafter, the President shall submit to the 

15 appropriate congressional committees a report on ac16 tions taken by the executive branch pursuant to this 

17 subtitle and any national emergency declared with 

18 respect to the trafficking of fentanyl, including— 

19 (A) the issuance of any new or revised reg20 ulations, policies, or guidance; 

21 (B) the imposition of sanctions; 

22 (C) the collection of relevant information 

23 from outside parties; 

24 (D) the approval or denial of licenses by 

25 the Office of Foreign Assets Control; 


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1 (E) the initiation of enforcement cases; or 

2 (F) the implementation of mitigation pro3 cedures. 

4 (2) FORM OF REPORT.—Each report required 

5 by paragraph (1) shall be submitted in unclassified 

6 form, but may include the matters required by sub7 paragraphs (C), (D), (E), and (F) of that paragraph 

8 in a classified annex. 

9 SEC. 103. CODIFICATION OF EXECUTIVE ORDER IMPOSING 

10 SANCTIONS WITH RESPECT TO FOREIGN PER11 SONS INVOLVED IN GLOBAL ILLICIT DRUG 

12 TRADE. 

13 United States sanctions provided for in Executive 

14 Order 14059 (50 U.S.C. 1701 note; relating to imposing 

15 sanctions on foreign persons involved in the global illicit 

16 drug trade), and any amendments to or directives issued 

17 pursuant to such Executive orders before the date of the 

18 enactment of this Act, shall remain in effect. 

19 SEC. 104. IMPOSITION OF SANCTIONS WITH RESPECT TO 

20 FENTANYL TRAFFICKING BY 

21 TRANSNATIONAL CRIMINAL ORGANIZATIONS. 

22 (a) IN GENERAL.—The President shall impose the 

23 sanctions described in subsection (b) with respect to any 

24 foreign person the President determines— 


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1 (1) is knowingly involved in the significant traf2 ficking of fentanyl, fentanyl precursors, or other re3 lated opioids by a transnational criminal organiza4 tion; or 

5 (2) otherwise is knowingly involved in signifi6 cant activities of a transnational criminal organiza7 tion relating to the trafficking of fentanyl, fentanyl 

8 precursors, or other related opioids. 

9 (b) SANCTIONS DESCRIBED.—The President may, 

10 pursuant to the International Emergency Economic Pow11 ers Act (50 U.S.C. 1701 et seq.), block and prohibit all 

12 transactions in property and interests in property of a for13 eign person described in subsection (a) if such property 

14 and interests in property are in the United States, come 

15 within the United States, or are or come within the posses16 sion or control of a United States person. 

17 (c) REPORT REQUIRED.—Not later than 180 days 

18 after the date of the enactment of this Act, and annually 

19 thereafter, the President shall submit to the appropriate 

20 congressional committees a report on actions taken by the 

21 executive branch with respect to the foreign persons iden22 tified under subsection (a). 

23 SEC. 105. PENALTIES; WAIVERS; EXCEPTIONS. 

24 (a) PENALTIES.—A person that violates, attempts to 

25 violate, conspires to violate, or causes a violation of this 


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1 subtitle or any regulation, license, or order issued to carry 

2 out this subtitle shall be subject to the penalties set forth 

3 in subsections (b) and (c) of section 206 of the Inter4 national Emergency Economic Powers Act (50 U.S.C. 

5 1705) to the same extent as a person that commits an 

6 unlawful act described in subsection (a) of that section. 

7 (b) WAIVER AUTHORITY.— 

8 (1) IN GENERAL.—The President may waive 

9 the imposition of sanctions under this subtitle if the 

10 President determines, and reports to the appropriate 

11 congressional committees, that— 

12 (A) the waiver is needed for humanitarian 

13 purposes; or 

14 (B) the national emergency described in 

15 section 101 has ended. 

16 (2) NATIONAL SECURITY WAIVER.—The Presi17 dent may waive the application of sanctions under 

18 this subtitle with respect to a foreign person if the 

19 President determines that the waiver is in the na20 tional security interest of the United States. 

21 (c) EXCEPTIONS.— 

22 (1) EXCEPTION FOR INTELLIGENCE ACTIVI23 TIES.—This subtitle shall not apply with respect to 

24 activities subject to the reporting requirements 

25 under title V of the National Security Act of 1947 


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1 (50 U.S.C. 3091 et seq.) or any authorized intel2 ligence activities of the United States. 

3 (2) EXCEPTION FOR COMPLIANCE WITH INTER4 NATIONAL OBLIGATIONS AND LAW ENFORCEMENT

5 ACTIVITIES.—Sanctions under section 102(c) shall 

6 not apply with respect to an alien if admitting or pa7 roling the alien into the United States is nec8 essary— 

9 (A) to permit the United States to comply 

10 with the Agreement regarding the Head11 quarters of the United Nations, signed at Lake 

12 Success on June 26, 1947, and entered into 

13 force November 21, 1947, between the United 

14 Nations and the United States, or other appli15 cable international obligations of the United 

16 States; or 

17 (B) to carry out or assist law enforcement 

18 activity of the United States. 

19 (3) EXCEPTION TO COMPLY WITH USMCA.— 

20 Sanctions under this subtitle shall not apply in a 

21 case in which such sanctions would conflict with pro22 visions of the USMCA (as defined in section 3 of the 

23 United States-Mexico-Canada Agreement Implemen24 tation Act (19 U.S.C. 4502)). 


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1 (4) HUMANITARIAN EXEMPTION.—The Presi2 dent may not impose sanctions under this subtitle 

3 with respect to any person for conducting or facili4 tating a transaction for the sale of agricultural com5 modities, food, medicine, or medical devices or for 

6 the provision of humanitarian assistance. 

7 SEC. 106. TREATMENT OF BLOCKED PROPERTY OF 

8 TRANSNATIONAL CRIMINAL ORGANIZATIONS. 

9 (a) TRANSFER OF BLOCKED PROPERTY TO FOR10 FEITURE FUNDS.— 

11 (1) IN GENERAL.—The President may transfer 

12 the proceeds of any covered forfeited property to the 

13 Department of the Treasury Forfeiture Fund estab14 lished under section 9705 of title 31, United States 

15 Code, or the Department of Justice Assets For16 feiture Fund established under section 524(c) of title 

17 28, United States Code. 

18 (2) REPORT REQUIRED.—Not later than 180 

19 days after the date of the enactment of this Act, and 

20 every 180 days thereafter, the President shall sub21 mit to the appropriate congressional committees a 

22 report on any transfers made under paragraph (1) 

23 during the 180-day period preceding submission of 

24 the report. 


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1 (3) COVERED FORFEITED PROPERTY DE2 FINED.—In this subsection, the term ‘‘covered for3 feited property’’ means property— 

4 (A) seized by the Department of Justice 

5 under chapter 46 or section 1963 of title 18, 

6 United States Code; and 

7 (B) that belonged to or was possessed by 

8 a transnational criminal organization subject to 

9 sanctions under— 

10 (i) this subtitle; 

11 (ii) the Fentanyl Sanctions Act (21 

12 U.S.C. 2301 et seq.); or 

13 (iii) Executive Order 14059 (50 

14 U.S.C. 1701 note; relating to imposing 

15 sanctions on foreign persons involved in 

16 the global illicit drug trade). 

17 (b) BLOCKED ASSETS UNDER TERRORISM RISK IN18 SURANCE ACT OF 2002.—Nothing in this subtitle affects 

19 the treatment of blocked assets of a terrorist party de20 scribed in subsection (a) of section 201 of the Terrorism 

21 Risk Insurance Act of 2002 (28 U.S.C. 1610 note). 


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1 Subtitle B—Other Matters 

2 SEC. 111. EIGHT-YEAR STATUTE OF LIMITATIONS FOR VIO3 LATIONS OF SANCTIONS. 

4 (a) INTERNATIONAL EMERGENCY ECONOMIC POW5 ERS ACT.—Section 206 of the International Emergency 

6 Economic Powers Act (50 U.S.C. 1705) is amended by 

7 adding at the end the following: 

8 ‘‘(d) STATUTE OF LIMITATIONS.— 

9 ‘‘(1) TIME FOR COMMENCING PROCEEDINGS.— 

10 ‘‘(A) IN GENERAL.—An action, suit, or 

11 proceeding for the enforcement of any civil fine, 

12 penalty, or forfeiture, pecuniary or otherwise, 

13 under this section shall not be entertained un14 less commenced within eight years after the lat15 est date of the violation upon which the civil 

16 fine, penalty, or forfeiture is based. 

17 ‘‘(B) COMMENCEMENT.—For purposes of 

18 this paragraph, the commencement of an ac19 tion, suit, or proceeding includes the issuance of 

20 a pre-penalty notice or finding of violation. 

21 ‘‘(2) TIME FOR INDICTMENT.—No person shall 

22 be prosecuted, tried, or punished for any offense 

23 under subsection (c) unless the indictment is found 

24 or the information is instituted within eight years 


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1 after the latest date of the violation upon which the 

2 indictment or information is based.’’. 

3 (b) TRADING WITH THE ENEMY ACT.—Section 16 

4 of the Trading with the Enemy Act (50 U.S.C. 4315) is 

5 amended by adding at the end the following: 

6 ‘‘(d) STATUTE OF LIMITATIONS.— 

7 ‘‘(1) TIME FOR COMMENCING PROCEEDINGS.— 

8 ‘‘(A) IN GENERAL.—An action, suit, or 

9 proceeding for the enforcement of any civil fine, 

10 penalty, or forfeiture, pecuniary or otherwise, 

11 under this section shall not be entertained un12 less commenced within eight years after the lat13 est date of the violation upon which the civil 

14 fine, penalty, or forfeiture is based. 

15 ‘‘(B) COMMENCEMENT.—For purposes of 

16 this paragraph, the commencement of an ac17 tion, suit, or proceeding includes the issuance of 

18 a pre-penalty notice or finding of violation. 

19 ‘‘(2) TIME FOR INDICTMENT.—No person shall 

20 be prosecuted, tried, or punished for any offense 

21 under subsection (a) unless the indictment is found 

22 or the information is instituted within eight years 

23 after the latest date of the violation upon which the 

24 indictment or information is based.’’. 


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1 SEC. 112. REPEAL OF PROHIBITION ON IMPOSITION OF 

2 SANCTIONS WITH RESPECT TO IMPORTATION 

3 OF GOODS UNDER FENTANYL SANCTIONS 

4 ACT. 

5 Section 7235 of the Fentanyl Sanctions Act (21 

6 U.S.C. 2335) is repealed. 

7 SEC. 113. CLASSIFIED REPORT AND BRIEFING ON STAFF8 ING OF OFFICE OF FOREIGN ASSETS CON9 TROL. 

10 Not later than 180 days after the date of the enact11 ment of this Act, the Director of the Office of Foreign 

12 Assets Control shall provide to the appropriate congres13 sional committees a classified report and briefing on the 

14 staffing of the Office of Foreign Assets Control, 

15 disaggregated by staffing dedicated to each sanctions pro16 gram and each country or issue. 

17 SEC. 114. REPORT ON DRUG TRANSPORTATION ROUTES 

18 AND USE OF VESSELS WITH MISLABELED 

19 CARGO. 

20 Not later than 180 days after the date of the enact21 ment of this Act, the Secretary of the Treasury, in con22 junction with the heads of other relevant Federal agencies, 

23 shall provide to the appropriate congressional committees 

24 a classified report and briefing on efforts to target drug 

25 transportation routes and modalities, including an assess26 ment of the prevalence of false cargo labeling and shipVerDate Sep 11 2014 00:14 Jun 23, 2023 Jkt 039200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6401 E:\BILLS\S1271.RS S1271

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1 ment of precursor chemicals without accurate tracking of 

2 the customers purchasing the chemicals. 

3 TITLE II—ANTI-MONEY 

4 LAUNDERING MATTERS 

5 SEC. 201. DESIGNATION OF ILLICIT FENTANYL TRANS6 ACTIONS OF SANCTIONED PERSONS AS OF 

7 PRIMARY MONEY LAUNDERING CONCERN. 

8 Subtitle A of the Fentanyl Sanctions Act (21 U.S.C. 

9 2311 et seq.) is amended by inserting after section 7213 

10 the following: 

11 ‘‘SEC. 7213A. DESIGNATION OF TRANSACTIONS OF SANC12 TIONED PERSONS AS OF PRIMARY MONEY 

13 LAUNDERING CONCERN. 

14 ‘‘(a) IN GENERAL.—If the Secretary of the Treasury 

15 determines that reasonable grounds exist for concluding 

16 that one or more classes of transactions within, or involv17 ing, a jurisdiction outside of the United States is of pri18 mary money laundering concern in connection with illicit 

19 opioid trafficking, the Secretary of the Treasury may, by 

20 order, regulation, or otherwise as permitted by law— 

21 ‘‘(1) require domestic financial institutions and 

22 domestic financial agencies to take 1 or more of the 

23 special measures provided for in section 9714(a)(1) 

24 of the National Defense Authorization Act for Fiscal 


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1 Year 2021 (Public Law 116–283; 31 U.S.C. 5318A 

2 note); and 

3 ‘‘(2) prohibit, or impose conditions upon, cer4 tain transmittals of funds (to be defined by the Sec5 retary) by any domestic financial institution or do6 mestic financial agency, if such transmittal of funds 

7 involves any such class of transactions. 

8 ‘‘(b) CLASSIFIED INFORMATION.—In any judicial re9 view of a finding of the existence of a primary money laun10 dering concern, or of the requirement for 1 or more special 

11 measures with respect to a primary money laundering con12 cern made under this section, if the designation or imposi13 tion, or both, were based on classified information (as de14 fined in section 1(a) of the Classified Information Proce15 dures Act (18 U.S.C. App.)), such information may be 

16 submitted by the Secretary to the reviewing court ex parte 

17 and in camera. This subsection does not confer or imply 

18 any right to judicial review of any finding made or any 

19 requirement imposed under this section. 

20 ‘‘(c) AVAILABILITY OF INFORMATION.—The exemp21 tions from, and prohibitions on, search and disclosure re22 ferred to in section 9714(c) of the National Defense Au23 thorization Act for Fiscal Year 2021 (Public Law 116– 

24 283; 31 U.S.C. 5318A note) shall apply to any report or 

25 record of report filed pursuant to a requirement imposed 


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1 under subsection (a). For purposes of section 552 of title 

2 5, United States Code, this section shall be considered a 

3 statute described in subsection (b)(3)(B) of that section. 

4 ‘‘(d) PENALTIES.—The penalties referred to in sec5 tion 9714(d) of the National Defense Authorization Act 

6 for Fiscal Year 2021 (Public Law 116–283; 31 U.S.C. 

7 5318A note) shall apply to violations of any order, regula8 tion, special measure, or other requirement imposed under 

9 subsection (a), in the same manner and to the same extent 

10 as described in such section 9714(d). 

11 ‘‘(e) INJUNCTIONS.—The Secretary of the Treasury 

12 may bring a civil action to enjoin a violation of any order, 

13 regulation, special measure, or other requirement imposed 

14 under subsection (a) in the same manner and to the same 

15 extent as described in section 9714(e) of the National De16 fense Authorization Act for Fiscal Year 2021 (Public Law 

17 116–283; 31 U.S.C. 5318A note). 

18 ‘‘(f) DEFINITIONS.—In this section, the terms ‘do19 mestic financial agency’, ‘domestic financial institution’, 

20 ‘financial agency’, and ‘financial institution’ have the 

21 meanings given those terms as used in section 9714 of 

22 the National Defense Authorization Act for Fiscal Year 

23 2021 (Public Law 116–283; 31 U.S.C. 5318A note).’’. 


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1 SEC. 202. TREATMENT OF TRANSNATIONAL CRIMINAL OR2 GANIZATIONS IN SUSPICIOUS TRANSACTIONS 

3 REPORTS OF THE FINANCIAL CRIMES EN4 FORCEMENT NETWORK. 

5 (a) FILING INSTRUCTIONS.—Not later than 180 days 

6 after the date of the enactment of this Act, the Director 

7 of the Financial Crimes Enforcement Network shall issue 

8 guidance or instructions to United States financial institu9 tions for filing reports on suspicious transactions required 

10 by section 1010.320 of title 31, Code of Federal Regula11 tions, related to suspected fentanyl trafficking by 

12 transnational criminal organizations. 

13 (b) PRIORITIZATION OF REPORTS RELATING TO

14 FENTANYL TRAFFICKING OR TRANSNATIONAL CRIMINAL

15 ORGANIZATIONS.—The Director shall prioritize research 

16 into reports described in subsection (a) that indicate a 

17 connection to trafficking of fentanyl or related synthetic 

18 opioids or financing of suspected transnational criminal 

19 organizations. 

20 SEC. 203. REPORT ON TRADE-BASED MONEY LAUNDERING 

21 IN TRADE WITH MEXICO, THE PEOPLE’S RE22 PUBLIC OF CHINA, AND BURMA. 

23 Not later than 180 days after the date of the enact24 ment of this Act, the Secretary of the Treasury shall sub25 mit to the appropriate congressional committees a report 


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1 on trade-based money laundering originating in Mexico or 

2 the People’s Republic of China and involving Burma. 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Fentanyl Eradication and Narcotics Deterrence Off 

6 Fentanyl Act’’ or the ‘‘FEND Off Fentanyl Act’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Sense of Congress. 

Sec. 3. Definitions. 

TITLE I—SANCTIONS MATTERS 

Subtitle A—Sanctions in Response to National Emergency Relating to 

Fentanyl Trafficking 

Sec. 101. Finding; policy. 

Sec. 102. Use of national emergency authorities; reporting. 

Sec. 103. Codification of Executive order imposing sanctions with respect to foreign persons involved in global illicit drug trade. 

Sec. 104. Imposition of sanctions with respect to fentanyl trafficking by 

transnational criminal organizations. 

Sec. 105. Penalties; waivers; exceptions. 

Sec. 106. Treatment of forfeited property of transnational criminal organizations. 

Subtitle B—Other Matters 

Sec. 111. Ten-year statute of limitations for violations of sanctions. 

Sec. 112. Classified report and briefing on staffing of Office of Foreign Assets 

Control. 

Sec. 113. Report on drug transportation routes and use of vessels with mislabeled 

cargo. 

Sec. 114. Report on actions of People’s Republic of China with respect to persons 

involved in fentanyl supply chain. 

TITLE II—ANTI-MONEY LAUNDERING MATTERS 

Sec. 201. Designation of illicit fentanyl transactions of sanctioned persons as of 

primary money laundering concern. 

Sec. 202. Treatment of transnational criminal organizations in suspicious transactions reports of the Financial Crimes Enforcement Network. 

Sec. 203. Report on trade-based money laundering in trade with Mexico, the People’s Republic of China, and Burma. 


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1 SEC. 2. SENSE OF CONGRESS. 

2 It is the sense of Congress that— 

3 (1) the proliferation of fentanyl is causing an 

4 unprecedented surge in overdose deaths in the United 

5 States, fracturing families and communities, and ne6 cessitating a comprehensive policy response to combat 

7 its lethal flow and to mitigate the drug’s devastating 

8 consequences; 

9 (2) the trafficking of fentanyl into the United 

10 States is a national security threat that has killed 

11 hundreds of thousands of United States citizens; 

12 (3) transnational criminal organizations, in13 cluding cartels primarily based in Mexico, are the 

14 main purveyors of fentanyl into the United States 

15 and must be held accountable; 

16 (4) precursor chemicals sourced from the People’s 

17 Republic of China are— 

18 (A) shipped from the People’s Republic of 

19 China by legitimate and illegitimate means; 

20 (B) transformed through various synthetic 

21 processes to produce different forms of fentanyl; 

22 and 

23 (C) crucial to the production of illicit 

24 fentanyl by transnational criminal organiza25 tions, contributing to the ongoing opioid crisis; 


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1 (5) the United States Government must remain 

2 vigilant to address all new forms of fentanyl precur3 sors and drugs used in combination with fentanyl, 

4 such as Xylazine, which attribute to overdose deaths 

5 of people in the United States; 

6 (6) to increase the cost of fentanyl trafficking, 

7 the United States Government should work collabo8 ratively across agencies and should surge analytic ca9 pability to impose sanctions and other remedies with 

10 respect to transnational criminal organizations (in11 cluding cartels), including foreign nationals who fa12 cilitate the trade in illicit fentanyl and its precursors 

13 from the People’s Republic of China; and 

14 (7) the Department of the Treasury should focus 

15 on fentanyl trafficking and its facilitators as one of 

16 the top national security priorities for the Depart17 ment. 

18 SEC. 3. DEFINITIONS. 

19 In this Act: 

20 (1) APPROPRIATE CONGRESSIONAL COMMIT21 TEES.—The term ‘‘appropriate congressional commit22 tees’’ means— 

23 (A) the Committee on Banking, Housing, 

24 and Urban Affairs of the Senate; and 


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1 (B) the Committee on Foreign Affairs and 

2 the Committee on Financial Services of the 

3 House of Representatives. 

4 (2) FOREIGN PERSON.—The term ‘‘foreign per5 son’’— 

6 (A) means— 

7 (i) any citizen or national of a foreign 

8 country; or 

9 (ii) any entity not organized under the 

10 laws of the United States or a jurisdiction 

11 within the United States; and 

12 (B) does not include the government of a 

13 foreign country. 

14 (3) KNOWINGLY.—The term ‘‘knowingly’’, with 

15 respect to conduct, a circumstance, or a result, means 

16 that a person has actual knowledge, or should have 

17 known, of the conduct, the circumstance, or the result. 

18 (4) TRAFFICKING.—The term ‘‘trafficking’’, with 

19 respect to fentanyl, fentanyl precursors, or other re20 lated opioids, has the meaning given the term ‘‘opioid 

21 trafficking’’ in section 7203 of the Fentanyl Sanctions 

22 Act (21 U.S.C. 2302). 

23 (5) TRANSNATIONAL CRIMINAL ORGANIZATION.— 

24 The term ‘‘transnational criminal organization’’ in25 cludes— 


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1 (A) any organization designated as a sig2 nificant transnational criminal organization 

3 under part 590 of title 31, Code of Federal Regu4 lations; 

5 (B) any of the organizations known as— 

6 (i) the Sinaloa Cartel; 

7 (ii) the Jalisco New Generation Cartel; 

8 (iii) the Gulf Cartel; 

9 (iv) the Los Zetas Cartel; 

10 (v) the Juarez Cartel; 

11 (vi) the Tijuana Cartel; 

12 (vii) the Beltran-Leyva Cartel; or 

13 (viii) La Familia Michoacana; or 

14 (C) any other organization that the Presi15 dent determines is a transnational criminal or16 ganization; or 

17 (D) any successor organization to an orga18 nization described in subparagraph (B) or as 

19 otherwise determined by the President. 

20 (6) UNITED STATES PERSON.—The term ‘‘United 

21 States person’’ means— 

22 (A) a United States citizen or an alien law23 fully admitted for permanent residence to the 

24 United States; 


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1 (B) an entity organized under the laws of 

2 the United States or of any jurisdiction within 

3 the United States, including a foreign branch of 

4 such an entity; or 

5 (C) any person in the United States. 

6 TITLE I—SANCTIONS MATTERS 

7 Subtitle A—Sanctions in Response 

8 to National Emergency Relating 

9 to Fentanyl Trafficking 

10 SEC. 101. FINDING; POLICY. 

11 (a) FINDING.—Congress finds that international traf12 ficking of fentanyl, fentanyl precursors, or other related 

13 opioids constitutes an unusual and extraordinary threat to 

14 the national security, foreign policy, and economy of the 

15 United States, and is a national emergency. 

16 (b) POLICY.—It shall be the policy of the United States 

17 to apply economic and other financial sanctions to those 

18 who engage in the international trafficking of fentanyl, 

19 fentanyl precursors, or other related opioids to protect the 

20 national security, foreign policy, and economy of the United 

21 States. 

22 SEC. 102. USE OF NATIONAL EMERGENCY AUTHORITIES; RE23 PORTING. 

24 (a) IN GENERAL.—The President may exercise all au25 thorities provided under sections 203 and 205 of the InterVerDate Sep 11 2014 00:14 Jun 23, 2023 Jkt 039200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6203 E:\BILLS\S1271.RS S1271

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1 national Emergency Economic Powers Act (50 U.S.C. 1702 

2 and 1704) to carry out this subtitle. 

3 (b) REPORT REQUIRED.— 

4 (1) IN GENERAL.—Not later than 180 days after 

5 the date of the enactment of this Act, and annually 

6 thereafter, the President shall submit to the appro7 priate congressional committees a report on actions 

8 taken by the executive branch pursuant to this subtitle 

9 and any national emergency declared with respect to 

10 the trafficking of fentanyl and trade in other illicit 

11 drugs, including— 

12 (A) the issuance of any new or revised regu13 lations, policies, or guidance; 

14 (B) the imposition of sanctions; 

15 (C) the collection of relevant information 

16 from outside parties; 

17 (D) the issuance or closure of general li18 censes, specific licenses, and statements of licens19 ing policy by the Office of Foreign Assets Con20 trol; 

21 (E) a description of any pending enforce22 ment cases; or 

23 (F) the implementation of mitigation proce24 dures. 


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1 (2) FORM OF REPORT.—Each report required by 

2 paragraph (1) shall be submitted in unclassified form, 

3 but may include the matters required by subpara4 graphs (C), (D), (E), and (F) of that paragraph in 

5 a classified annex. 

6 SEC. 103. CODIFICATION OF EXECUTIVE ORDER IMPOSING 

7 SANCTIONS WITH RESPECT TO FOREIGN PER8 SONS INVOLVED IN GLOBAL ILLICIT DRUG 

9 TRADE. 

10 United States sanctions provided for in Executive 

11 Order 14059 (50 U.S.C. 1701 note; relating to imposing 

12 sanctions on foreign persons involved in the global illicit 

13 drug trade), and any amendments to or directives issued 

14 pursuant to such Executive order before the date of the en15 actment of this Act, shall remain in effect. 

16 SEC. 104. IMPOSITION OF SANCTIONS WITH RESPECT TO 

17 FENTANYL TRAFFICKING BY TRANSNATIONAL 

18 CRIMINAL ORGANIZATIONS. 

19 (a) IN GENERAL.—The President shall impose the 

20 sanctions described in subsection (b) with respect to any 

21 foreign person the President determines— 

22 (1) is knowingly involved in the significant traf23 ficking of fentanyl, fentanyl precursors, or other re24 lated opioids, including such trafficking by a 

25 transnational criminal organization; or 


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1 (2) otherwise is knowingly involved in signifi2 cant activities of a transnational criminal organiza3 tion relating to the trafficking of fentanyl, fentanyl 

4 precursors, or other related opioids. 

5 (b) SANCTIONS DESCRIBED.—The President may, pur6 suant to the International Emergency Economic Powers Act 

7 (50 U.S.C. 1701 et seq.), block and prohibit all transactions 

8 in property and interests in property of a foreign person 

9 described in subsection (a) if such property and interests 

10 in property are in the United States, come within the 

11 United States, or are or come within the possession or con12 trol of a United States person. 

13 (c) REPORT REQUIRED.—Not later than 180 days 

14 after the date of the enactment of this Act, and annually 

15 thereafter, the President shall submit to the appropriate 

16 congressional committees a report on actions taken by the 

17 executive branch with respect to the foreign persons identi18 fied under subsection (a). 

19 SEC. 105. PENALTIES; WAIVERS; EXCEPTIONS. 

20 (a) PENALTIES.—A person that violates, attempts to 

21 violate, conspires to violate, or causes a violation of this 

22 subtitle or any regulation, license, or order issued to carry 

23 out this subtitle shall be subject to the penalties set forth 

24 in subsections (b) and (c) of section 206 of the International 

25 Emergency Economic Powers Act (50 U.S.C. 1705) to the 


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1 same extent as a person that commits an unlawful act de2 scribed in subsection (a) of that section. 

3 (b) NATIONAL SECURITY WAIVER.—The President 

4 may waive the application of sanctions under this subtitle 

5 with respect to a foreign person if the President determines 

6 that the waiver is in the national security interest of the 

7 United States. 

8 (c) EXCEPTIONS.— 

9 (1) EXCEPTION FOR INTELLIGENCE ACTIVI10 TIES.—This subtitle shall not apply with respect to 

11 activities subject to the reporting requirements under 

12 title V of the National Security Act of 1947 (50 

13 U.S.C. 3091 et seq.) or any authorized intelligence ac14 tivities of the United States. 

15 (2) EXCEPTION FOR COMPLIANCE WITH INTER16 NATIONAL OBLIGATIONS AND LAW ENFORCEMENT AC17 TIVITIES.—Sanctions under this subtitle shall not 

18 apply with respect to an alien if admitting or parol19 ing the alien into the United States is necessary— 

20 (A) to permit the United States to comply 

21 with the Agreement regarding the Headquarters 

22 of the United Nations, signed at Lake Success on 

23 June 26, 1947, and entered into force November 

24 21, 1947, between the United Nations and the 


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1 United States, or other applicable international 

2 obligations of the United States; or 

3 (B) to carry out or assist law enforcement 

4 activity of the United States. 

5 (3) HUMANITARIAN EXEMPTION.—The President 

6 may not impose sanctions under this subtitle with re7 spect to any person for conducting or facilitating a 

8 transaction for the sale of agricultural commodities, 

9 food, medicine, or medical devices or for the provision 

10 of humanitarian assistance. 

11 SEC. 106. TREATMENT OF FORFEITED PROPERTY OF 

12 TRANSNATIONAL CRIMINAL ORGANIZATIONS. 

13 (a) TRANSFER OF FORFEITED PROPERTY TO FOR14 FEITURE FUNDS.— 

15 (1) IN GENERAL.—Any covered forfeited property 

16 shall be deposited into the Department of the Treas17 ury Forfeiture Fund established under section 9705 of 

18 title 31, United States Code, or the Department of 

19 Justice Assets Forfeiture Fund established under sec20 tion 524(c) of title 28, United States Code. 

21 (2) REPORT REQUIRED.—Not later than 180 

22 days after the date of the enactment of this Act, and 

23 every 180 days thereafter, the President shall submit 

24 to the appropriate congressional committees a report 

25 on any deposits made under paragraph (1) during 


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•S 1271 RS

1 the 180-day period preceding submission of the re2 port. 

3 (3) COVERED FORFEITED PROPERTY DEFINED.— 

4 In this subsection, the term ‘‘covered forfeited prop5 erty’’ means property— 

6 (A) forfeited to the United States under 

7 chapter 46 or section 1963 of title 18, United 

8 States Code; and 

9 (B) that belonged to or was possessed by an 

10 individual affiliated with or connected to a 

11 transnational criminal organization subject to 

12 sanctions under— 

13 (i) this subtitle; 

14 (ii) the Fentanyl Sanctions Act (21 

15 U.S.C. 2301 et seq.); or 

16 (iii) Executive Order 14059 (50 U.S.C. 

17 1701 note; relating to imposing sanctions 

18 on foreign persons involved in the global il19 licit drug trade). 

20 (b) BLOCKED ASSETS UNDER TERRORISM RISK IN21 SURANCE ACT OF 2002.—Nothing in this subtitle affects the 

22 treatment of blocked assets of a terrorist party described in 

23 subsection (a) of section 201 of the Terrorism Risk Insur24 ance Act of 2002 (28 U.S.C. 1610 note). 


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1 Subtitle B—Other Matters 

2 SEC. 111. TEN-YEAR STATUTE OF LIMITATIONS FOR VIOLA3 TIONS OF SANCTIONS. 

4 (a) INTERNATIONAL EMERGENCY ECONOMIC POWERS

5 ACT.—Section 206 of the International Emergency Eco6 nomic Powers Act (50 U.S.C. 1705) is amended by adding 

7 at the end the following: 

8 ‘‘(d) STATUTE OF LIMITATIONS.— 

9 ‘‘(1) TIME FOR COMMENCING PROCEEDINGS.— 

10 ‘‘(A) IN GENERAL.—An action, suit, or pro11 ceeding for the enforcement of any civil fine, 

12 penalty, or forfeiture, pecuniary or otherwise, 

13 under this section shall not be entertained unless 

14 commenced within ten years after the latest date 

15 of the violation upon which the civil fine, pen16 alty, or forfeiture is based. 

17 ‘‘(B) COMMENCEMENT.—For purposes of 

18 this paragraph, the commencement of an action, 

19 suit, or proceeding includes the issuance of a 

20 pre-penalty notice or finding of violation. 

21 ‘‘(2) TIME FOR INDICTMENT.—No person shall be 

22 prosecuted, tried, or punished for any offense under 

23 subsection (c) unless the indictment is found or the 

24 information is instituted within ten years after the 


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1 latest date of the violation upon which the indictment 

2 or information is based.’’. 

3 (b) TRADING WITH THE ENEMY ACT.—Section 16 of 

4 the Trading with the Enemy Act (50 U.S.C. 4315) is 

5 amended by adding at the end the following: 

6 ‘‘(d) STATUTE OF LIMITATIONS.— 

7 ‘‘(1) TIME FOR COMMENCING PROCEEDINGS.— 

8 ‘‘(A) IN GENERAL.—An action, suit, or pro9 ceeding for the enforcement of any civil fine, 

10 penalty, or forfeiture, pecuniary or otherwise, 

11 under this section shall not be entertained unless 

12 commenced within ten years after the latest date 

13 of the violation upon which the civil fine, pen14 alty, or forfeiture is based. 

15 ‘‘(B) COMMENCEMENT.—For purposes of 

16 this paragraph, the commencement of an action, 

17 suit, or proceeding includes the issuance of a 

18 pre-penalty notice or finding of violation. 

19 ‘‘(2) TIME FOR INDICTMENT.—No person shall be 

20 prosecuted, tried, or punished for any offense under 

21 subsection (a) unless the indictment is found or the 

22 information is instituted within ten years after the 

23 latest date of the violation upon which the indictment 

24 or information is based.’’. 


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1 SEC. 112. CLASSIFIED REPORT AND BRIEFING ON STAFFING 

2 OF OFFICE OF FOREIGN ASSETS CONTROL. 

3 Not later than 180 days after the date of the enactment 

4 of this Act, the Director of the Office of Foreign Assets Con5 trol shall provide to the appropriate congressional commit6 tees a classified report and briefing on the staffing of the 

7 Office of Foreign Assets Control, disaggregated by staffing 

8 dedicated to each sanctions program and each country or 

9 issue. 

10 SEC. 113. REPORT ON DRUG TRANSPORTATION ROUTES 

11 AND USE OF VESSELS WITH MISLABELED 

12 CARGO. 

13 Not later than 180 days after the date of the enactment 

14 of this Act, the Secretary of the Treasury, in conjunction 

15 with the heads of other relevant Federal agencies, shall pro16 vide to the appropriate congressional committees a classi17 fied report and briefing on efforts to target drug transpor18 tation routes and modalities, including an assessment of the 

19 prevalence of false cargo labeling and shipment of precursor 

20 chemicals without accurate tracking of the customers pur21 chasing the chemicals. 

22 SEC. 114. REPORT ON ACTIONS OF PEOPLE’S REPUBLIC OF 

23 CHINA WITH RESPECT TO PERSONS IN24 VOLVED IN FENTANYL SUPPLY CHAIN. 

25 Not later than 180 days after the date of the enactment 

26 of this Act, the Secretary of the Treasury, in conjunction 


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1 with the heads of other relevant Federal agencies, shall pro2 vide to the appropriate congressional committees a classi3 fied report and briefing on actions taken by the Government 

4 of the People’s Republic of China with respect to persons 

5 involved in the shipment of fentanyl, fentanyl analogues, 

6 fentanyl precursors, precursors for fentanyl analogues, and 

7 equipment for the manufacturing of fentanyl and fentanyl8 laced counterfeit pills. 

9 TITLE II—ANTI-MONEY 

10 LAUNDERING MATTERS 

11 SEC. 201. DESIGNATION OF ILLICIT FENTANYL TRANS12 ACTIONS OF SANCTIONED PERSONS AS OF 

13 PRIMARY MONEY LAUNDERING CONCERN. 

14 Subtitle A of the Fentanyl Sanctions Act (21 U.S.C. 

15 2311 et seq.) is amended by inserting after section 7213 

16 the following: 

17 ‘‘SEC. 7213A. DESIGNATION OF TRANSACTIONS OF SANC18 TIONED PERSONS AS OF PRIMARY MONEY 

19 LAUNDERING CONCERN. 

20 ‘‘(a) IN GENERAL.—If the Secretary of the Treasury 

21 determines that reasonable grounds exist for concluding that 

22 one or more financial institutions operating outside of the 

23 United States, 1 or more classes of transactions within, or 

24 involving, a jurisdiction outside of the United States, or 

25 1 or more types of accounts within, or involving, a jurisdicVerDate Sep 11 2014 00:14 Jun 23, 2023 Jkt 039200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6203 E:\BILLS\S1271.RS S1271

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1 tion outside of the United States, is of primary money laun2 dering concern in connection with illicit opioid trafficking, 

3 the Secretary of the Treasury may, by order, regulation, 

4 or otherwise as permitted by law— 

5 ‘‘(1) require domestic financial institutions and 

6 domestic financial agencies to take 1 or more of the 

7 special measures provided for in section 9714(a)(1) of 

8 the National Defense Authorization Act for Fiscal 

9 Year 2021 (Public Law 116–283; 31 U.S.C. 5318A 

10 note); or 

11 ‘‘(2) prohibit, or impose conditions upon, certain 

12 transmittals of funds (to be defined by the Secretary) 

13 by any domestic financial institution or domestic fi14 nancial agency, if such transmittal of funds involves 

15 any such institution, class of transaction, or type of 

16 accounts. 

17 ‘‘(b) CLASSIFIED INFORMATION.—In any judicial re18 view of a finding of the existence of a primary money laun19 dering concern, or of the requirement for 1 or more special 

20 measures with respect to a primary money laundering con21 cern made under this section, if the designation or imposi22 tion, or both, were based on classified information (as de23 fined in section 1(a) of the Classified Information Proce24 dures Act (18 U.S.C. App.)), such information may be sub25 mitted by the Secretary to the reviewing court ex parte and 


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1 in camera. This subsection does not confer or imply any 

2 right to judicial review of any finding made or any require3 ment imposed under this section. 

4 ‘‘(c) AVAILABILITY OF INFORMATION.—The exemptions 

5 from, and prohibitions on, search and disclosure referred 

6 to in section 9714(c) of the National Defense Authorization 

7 Act for Fiscal Year 2021 (Public Law 116–283; 31 U.S.C. 

8 5318A note) shall apply to any report or record of report 

9 filed pursuant to a requirement imposed under subsection 

10 (a). For purposes of section 552 of title 5, United States 

11 Code, this subsection shall be considered a statute described 

12 in subsection (b)(3)(B) of that section. 

13 ‘‘(d) PENALTIES.—The penalties referred to in section 

14 9714(d) of the National Defense Authorization Act for Fis15 cal Year 2021 (Public Law 116–283; 31 U.S.C. 5318A note) 

16 shall apply to violations of any order, regulation, special 

17 measure, or other requirement imposed under subsection 

18 (a), in the same manner and to the same extent as described 

19 in such section 9714(d). 

20 ‘‘(e) INJUNCTIONS.—The Secretary of the Treasury 

21 may bring a civil action to enjoin a violation of any order, 

22 regulation, special measure, or other requirement imposed 

23 under subsection (a) in the same manner and to the same 

24 extent as described in section 9714(e) of the National DeVerDate Sep 11 2014 00:14 Jun 23, 2023 Jkt 039200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6203 E:\BILLS\S1271.RS S1271

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1 fense Authorization Act for Fiscal Year 2021 (Public Law 

2 116–283; 31 U.S.C. 5318A note).’’. 

3 SEC. 202. TREATMENT OF TRANSNATIONAL CRIMINAL OR4 GANIZATIONS IN SUSPICIOUS TRANSACTIONS 

5 REPORTS OF THE FINANCIAL CRIMES EN6 FORCEMENT NETWORK. 

7 (a) FILING INSTRUCTIONS.—Not later than 180 days 

8 after the date of the enactment of this Act, the Director of 

9 the Financial Crimes Enforcement Network shall issue 

10 guidance or instructions to United States financial institu11 tions for filing reports on suspicious transactions required 

12 by section 1010.320 of title 31, Code of Federal Regulations, 

13 related to suspected fentanyl trafficking by transnational 

14 criminal organizations. 

15 (b) PRIORITIZATION OF REPORTS RELATING TO

16 FENTANYL TRAFFICKING OR TRANSNATIONAL CRIMINAL

17 ORGANIZATIONS.—The Director shall prioritize research 

18 into reports described in subsection (a) that indicate a con19 nection to trafficking of fentanyl or related synthetic 

20 opioids or financing of suspected transnational criminal or21 ganizations. 


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1 SEC. 203. REPORT ON TRADE-BASED MONEY LAUNDERING 

2 IN TRADE WITH MEXICO, THE PEOPLE’S RE3 PUBLIC OF CHINA, AND BURMA. 

4 (a) IN GENERAL.—In the first update to the national 

5 strategy for combating the financing of terrorism and re6 lated forms of illicit finance submitted to Congress after the 

7 date of the enactment of this Act, the Secretary of the Treas8 ury shall include a report on trade-based money laundering 

9 originating in Mexico or the People’s Republic of China and 

10 involving Burma. 

11 (b) DEFINITION.—In this section, the term ‘‘national 

12 strategy for combating the financing of terrorism and re13 lated forms of illicit finance’’ means the national strategy 

14 for combating the financing of terrorism and related forms 

15 of illicit finance required by section 261 of the Countering 

16 America’s Adversaries Through Sanctions Act (Public Law 

17 115–44; 131 Stat. 934), as amended by section 6506 of the 

18 National Defense Authorization Act for Fiscal Year 2022 

19 (Public Law 117–81; 135 Stat. 2428). 


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Calendar No. 114 

118TH CONGRESS 

1ST SESSION S. 1271 

A BILL 

To impose sanctions with respect to trafficking of 

other purposes. criminal organizations, including cartels, and for illicit fentanyl and its precursors by transnational 

JUNE 22, 2023 

Reported with an amendment 


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