Domestic Chemical Diversion Control Act of 1993
PL 103-200 (H.R.3216), enacted 12/17/1993

PUBLIC LAW 103-200—DEC. 17, 1993 
107 STAT. 2333 
Public Law 103-
103d Congress 
200 
An Act 
To amend the Comprehensive Drug Abuse Prevention and Control Act of 1970 
to control the diversion of certain chemicals used in the illicit production of 
controlled substances such as methcathinone and methamphetamine, and for 
other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of 
America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the T>omestic Chemical Diversion 
Control Act of 1993". 
SEC. 2. DEFINITION AMENDMENTS. 
(a) DEFINITIONS.—Section 102 of the Controlled Substances Act 
(21 U.S.C. 802) is amended— 
(1) in paragraph (33), by striking "any listed precursor 
chemical or listed essential chemical" and inserting "any list 
I chemical or any list II chemical"; 
(2) in paragraph (34)— 
(A) by striking listed precursor chemical" and insert-
ing "list I chemical"; and 
(B) by striking "critical to the creation" and inserting 
"important to the manufacture"; 
(3) in paragraph (34) (A), (F), and (H), by inserting ", 
its esters," before "and"; 
(4) in paragraph (35)— 
(A) by striking "listed essential chemical" and inserting 
"list II chemical"; 
(B) by inserting "(other than a list I chemical)" before 
"specified"; and 
(C) by striking "as a solvent, reagent, or catalyst"; 
and 
(5) in paragraph (38), by inserting "or who acts as a broker 
or trader for an international transaction involving a listed 
chemical, a tableting machine, or an encapsulating machine" 
before the period; 
(6) in paragraph (39XA)— 
(A) by striking "importation or exportation oP and 
inserting "importation, or exportation of, or an inter-
national transaction involving shipment of,"; 
(B) in clause (iii) by inserting "or any category of 
transaction for a specific listed chemical or chemicals" after 
"transaction"; 
(C) by amending clause (iv) to read as follows: 
Dec. 17, 1993 
[H.R. 3216] 
Domestic 
Chemical 
Diversion 
Control Act 
of 1993. 
21 use 801 note. 
107 STAT. 2334 
PUBLIC LAW 103-200—DEC. 17, 1993 
"(iv) any transaction in a listed chemical that is con-
tained in a drug that may be marketed or distributed 
lawfully in the United States under the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 301 et seq^) unless— 
"(IXaa) the drug contains ephedrine or its salts, 
^ ^ 
optical isomers, or salts of optical isomers as the only 
active medicinal ingredient or contains ephedrine or 
its salts, optical isomers, or scdts of oj^tical isomers 
and therapeutically insignificant quantities of another 
active medicinal ingredient; or 
**(bb) the Attorney General has determined under 
section 204 that the drug or group of drugs is being 
diverted to obtain the listed chemical for use in the 
.-;,' 
illicit production of a controlled substance; and 
**(II) the quantity of ephedrine or other listed 
chemical contained in the drug included in the trans-
action or multiple transactions equals or exceeds the 
^ /
>
. 
threshold established for that chemical by the Attorney 
General."; and 
(D) in clause (v), by striking the semicolon and insert-
ing "which the Attorney General has by regulation des-
ignated as exempt from the application of this title and 
title III based on a finding that the mixture is formulated 
in such a way that it cannot be easily used in the illicit 
production of a controlled substance and that the listed 
.. ^ 
chemical or chemicals contained in the mixture cannot 
be readily recovered;"; 
(7) in paragraph (40), by striking 'listed precursor chemical 
or a listed essential chemical" each place it appears and insert-
ing 'list I chemical or a list II chemical"; and 
(8) by adding at the end the following new paragraphs: 
"(42) The term 'international transaction' means a transaction 
involving the shipment of a listed chemical across an international 
border (other than a United States border) in which a broker 
or trader located in the United States participates. 
"(43) The terms 'broker' and trader* mean a person that assists 
in arranging an international transaction in a Usted chemical by— 
(A) negotiating contracts; 
"(B) serving as an agent or intermediary; or 
"(C) bringing togeuier a buyer and seller, a buyer and 
transporter, or a seller and transporter.", 
(b) REMOVAL OF EXEMPTION OF CERTAIN DRUGS.— 
t 
(1) PROCEDURE.—Part B of the Controlled Substances Act 
(21 U.S.C. 811 et seq.) is amended by adding at the end the 
following new section: 
"REMOVAL OF EXEMPTION OF CERTAIN DRUGS 
Reguktions. 
"SEC. 204. (a) REMOVAL OF EXEMPTION.—The Attorney General 
21 use 814. 
shall 
by regulation 
remove 
from 
exemption 
under 
section 
102(39XAXiv) a drug or group of drugs that the Attorney General 
finds is being diverted to obtain a listed chemical for use in the 
illicit production of a controlled substance. 
"(D) FACTORS TO B E CONSIDERED.—In removing a drug or group 
of drugs from exemption imder subsection (a), the Attorney General 
shall consider, witn respect to a drug or group of drugs that is 
proposed to be removed from exemption— 
"(1) the scope, duration, and significance of the diversion; 
PUBLIC LAW 103-200—DEC. 17, 1993 
107 STAT. 2335 
"(2) whether the drug or group of drugs is formulated 
in such a way that it cannot be easily used in the illicit 
production of a controlled substance; and 
"(3) whether the listed chemical can be readily recovered 
from the drug or group of drugs. 
"(c) SPECIFICITY OF DESIGNATION.—The Attorney General shall 
limit the designation of a drug or a group of drugs removed from 
exemption under subsection (a) to the most particularly identifiable 
t3npe of drug or group of drugs for which evidence of diversion 
exists unless there is evidence, based on the pattern of diversion 
and other relevant factors, that the diversion will not be limited 
to that particular drug or group of drugs. 
"(d) REINSTATEMENT OF EXEMPTION WITH RESPECT TO PARTICU-
LAR DRUG PRODUCTS.— 
"(1) REINSTATEMENT.—On application by a manufacturer Regulations. 
of a particular drug product that has been removed 
firom 
exemp-
tion iinder subsection (a), the Attorney General shall by regula-
tion reinstate the exemption with respect to that particular 
drug product if the Attorney Greneral determines that the 
particular drug product is manufactured and distributed in 
a manner that prevents diversion. 
"(2) FACTORS TO BE CONSIDERED.—In deciding whether to 
reinstate the exemption with respect to a particular drug prod-
uct imder paragraph (1), the Attorney General shall consider— 
"(A) the package sizes and manner of packaging of 
the drug product; 
"(B) the manner of distribution and advertising of the 
drug product; 
"(C) evidence of diversion of the drug product; 
"(D) any actions taken by the manijdacturer to prevent 
diversion of the drug product; and 
"(E) such other factors as are relevant to and consistent 
with the public health and safety, including the factors 
described m subsection (b) as applied to the drug product. 
"(3) STATUS PENDING APPUCATION FOR REINSTATEMENT.— 
A transaction involving a particular drug product that is the 
subject of a bona fide pending application for reinstatement 
of exemption filed with the Attorney General not later than 
60 days after a regulation removing the exemption is issued 
pursuant to subsection (a) shall not be considered to be a 
regulated transaction if the transaction occurs during the pend-
ency of the application and, if the Attorney Greneral denies 
the application, during the period of 60 days following tiie 
date on which the Attorney General denies the application, 
unless— 
"(A) the Attorney General has evidence that, applying 
the factors described in subsection (b) to the drug product, 
the drug product is being diverted; and 
"(B) the ^.ttomey General so notifies the applicant. 
"(4) 
AMENDMENT 
AND 
MODIFICATION.—A 
regulation 
reinstating an exemption under paragraph (1) may be modified 
or revoked with respect to a particular drug product upon 
a 
finding 
that— 
"(A) applying the factors described in subsection (b) 
to the drug product, the drug product is being diverted; 
or 
107 STAT. 2336 
PUBLIC LAW 103-200—DEC. 17, 1993 
"(B) there is a significant change in the data that 
led to the issuance of the regulation.". 
(2) CLERICAL AMENDMENT.—The table of contents of the 
Comprehensive Drug Abuse Prevention and Control Act of 1970 
(84 Stat. 1236) is amended by adding at the end of that portion 
relating to part B of title II the following new item: 
"Sec. 204. Removal of exemption of certain drugs.". 
(c) REGULATION OF LISTED CHEMICALS.—Section 310 of the 
Controlled Substances Act (21 U.S.C. 830) is amended— 
(1) in subsection (aXl)— 
(A) by striking "precursor chemical" and inserting "list 
I chemiccQ"; and 
(B) in subpara^aph (B), bv striking "an essential 
chemical" and insertmg "a list II chemical"; and 
(2) in subsection (cX2)(D), by striking "precursor chemical" 
and inserting "chemictd control". 
SEC. 3. REGISTRATION REQUIREMENTS. 
(a) RULES AND REGULATIONS.—Section 301 of the Controlled 
Substances Act (21 U.S.C. 821) is amended by striking the period 
and inserting "and to the registration and control of regulated 
persons and of regulated transactions.". 
(b) PERSONS REQUIRED TO REGISTER UNDER SECTION 302.— 
Section 302 of the Controlled Substances Act (21 U.S.C. 822) is 
amended— 
(1) in subsection (aXD, bv inserting "or list I chemical" 
after "controlled substance" each place it appears; 
(2) in subsection (b)— 
(A) by inserting "or list I chemicals" after "controlled 
substances"; and 
(B) by inserting "or chemicals" after "such substances"; 
(3) in subsection (c), by inserting "or list I chemical" after 
"controlled substance" each place it appears; and 
(4) in subsection (e), by inserting "or list I chemicals" 
after "controlled substances". 
(c) REGISTRATION REQUIREMENTS UNDER SECTION 303.—Section 
303 of the Controlled Substances Act (21 U.S.C. 823) is amended 
by adding at the end the following new subsection: 
"(h) The Attorney General shall register an applicant to distrib-
ute a list I chemical unless the Attorney General determines that 
registration of the applicant is inconsistent with the public interest. 
Registration under this subsection shall not be required for the 
distribution of a drug product that is exempted imder section 
102(39XAXiv). In determming the public interest for the purposes 
ofthissubsection, the Attorney (jreneral shall consider— 
"(1) maintenance by the applicant of effective controls 
against diversion of listed chemiceds into other than legitimate 
channels; 
"(2) compliance by the applicant with applicable Federal, 
State, and local law; 
"(3) any prior conviction record of the applicant imder 
Federal or State laws relating to controlled substances or to 
chemicals controlled under Federal or State law; 
"(4) any past experience of the applicant in the manufacture 
and distribution of cnemicals; and 
"(5) such other factors as are relevant to and consistent 
with the public health and safety.". 
PUBLIC LAW 103-200—DEC. 17, 1993 
107 STAT. 2337 
(d) DENIAL, REVOCATION, OR SUSPENSION OF REGISTRATION.— 
Section 304 of the Controlled Substances Act (21 U.S.C. 824) is 
amended— 
(1) in subsection (a)— 
(A) by inserting "or a list I chemical" after "controlled 
substance" each place it appears; and 
(B) by inserting "or list I chemicals" after "controlled 
substances"; 
(2) in subsection (b), by inserting "or list I chemical" after 
"controlled substance"; 
(3) in subsection (f), by inserting "or list I chemicals" after 
"controlled substances" each place it appears; and 
(4) in subsection (g)— 
(A) by insertmg "or list I chemicals" after "controlled 
substances" each place it appears; and 
(B) by inserting "or list I chemical" aft«r "controlled 
substance" each place it appears. 
(e) PERSONS REQUIRED TO REGISTER UNDER SECTION 1007.— 
Section 1007 of the Controlled Substances Import and Export Act 
(21 U.S.C. 957) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1), by inserting "or Ust I chemical" 
after "controlled substance"; and 
(B) in paragraph (2), by striking "in schedule I, II, 
III, IV, or V," ana inserting "or list I chemical,"; and 
(2) in subsection (b)— 
(A) in paragraph (1), by inserting "or list I chemical" 
after "controlled substaince" each place it appears; and 
(B) in paragraph (2), by inserting "or list I chemicals" 
£ifter "controlled substances . 
(D REGISTRATION K:EQUIREMENTS UNDER SECTION 1008.—Sec-
tion 1008 of the Controlled Substances Import and Export Act 
(21 U.S.C. 958) is amended— 
(1) in subsection (c)— 
(A) by inserting "(1)" after "(c)"; and 
(B) bv adding at the end the following new paragraph: 
"(2)(A) The Attorney General shall register an applicant to 
import or export a list I chemical unless the Attorney General 
determines that registration of the applicant is inconsistent with 
the public interest. Registration under this subsection shall not 
be required for the import or export of a drug product that is 
exempted under section 102(39XAXiv). 
"(B) In determining the public interest for the purposes of 
subparagraph (A), the i^ttomey (general shall consider the factors 
specified in section 303(]i)."; 
(2) in subsection (d)— 
(A) in paragraph (3), by inserting "or list I chemical 
or chemicals," after "substances,"; and 
(B) in paragraph (6), by inserting "or list I chemicals" 
after "controlledsubstances each place it appears; 
(3) in subsection (e), by striking "and 307 and inserting 
"307, and 310"; and 
(4) in subsections (f), (g), and (h), by inserting "or list 
I chemicals" after "rontroUed substances" each place it appears, 
(g) PROHIBITED ACTS C—Section 403(a) of the Controlled Sub-
stances Act (21 U.S.C. 843(a)) is amended— 
(1) by amending paragraphs (6) and (7) to read as follows: 
107 STAT. 2338 
PUBLIC LAW 103-200—DEC. 17, 1993 
"(6) to possess any three-neck round-bottom flask, tableting 
machine, encapsulating machine, or gelatin capsule, or any 
equipment, chemical, product, or material which may be used 
to meuiufacture a controlled substance or listed chemical, know-
ing, intending, or having reasonable cause to believe, that it 
will be used to manufacture a controlled substance or listed 
chemical in violation of this title or title III; 
"(7) to manufacture, distribute, export, or import any three-
neck round-bottom flask, tableting machine, encapsulating 
machine, or gelatin capsule, or any equipment, chemical, prod-
uct, or material which may be used to manufacture a controlled 
substance or listed chemical, knowing, intending, or having 
reasonable cause to believe, that it will be used to manufacture 
a controlled substance or listed chemical in violation of this 
title or title III or, in the case of an exportation, in violation 
of this title or title III or of the laws of the coimtry to which 
it is exported;"; 
(2) by striking the period at the end of paragraph (8) 
and inserting "; or"; and 
(3) by adding at the end the following new paragraph: 
"(9) to distribute, import, or export a list I chemical without 
the registration required by this title or title III.". 
SEC. 4. REPORTS BY BROKERS AND TRADERS; CRIMINAL PENALTIES. 
(a) NOTIFICATION, SUSPENSION OF SHIPMENT, AND PENALTIES 
WITH RESPECT TO IMPORTATION AND EXPORTATION OF LISTED 
CHEMICALS.—Section 1018 of the Controlled Substances Import and 
E}n)ort Act (21 U.S.C. 971) is amended by adding at the end the 
following new subsection: 
'^(d) A person located in the United States who is a broker 
or trader for an international transaction in a listed chemical that 
is a regulated transaction solely because of that person's involve-
ment as a broker or trader shall, with respect to that transaction, 
be subject to sdl of the notification, reporting, recordkeeping, and 
other requirements placed upon exporters of listed chemicals by 
this title and title IL". 
(b) PROHIBITED ACTS A.—-Section 1010(d) of the Controlled Sub-
stances Import and Export Act (21 U.S.C. 96(Kd)) is amended to 
read as follows: 
"(d) A person who knowingly or intentionally— 
"(1) imports or exports a listed chemical with intent to 
maniifacture a controlled substance in violation of this title 
or title II; 
"(2) exports a listed chemical in violation of the laws of 
the country to which the chemical is exported or serves as 
a broker or trader for an international transaction involving 
a listed chemical, if the transaction is in violation of the laws 
of the coimtry to which the chemical is exported; 
"(3) imports or exports a listed chemical knowing, or having 
reasonable cause to believe, that the chemical will be used 
to manufacture a controlled substance in violation of this title 
or title II; or 
"(4) exports a listed chemical, or serves as a broker or 
trader for an international transaction involving a listed chemi-
cal, knowing, or having reasonable cause to l^lieve, that the 
chemical will be used to manufacture a controlled substance 
PUBLIC LAW 103-200—DEC. 17, 1993 
107 STAT. 2339 
in violation of the laws of the country to which the chemical 
is exported, 
shall he fined in accordance with title 18, imprisoned not more 
than 10 years, or both.". 
SEC. S. EXEMPTION AUTHORITY; ANTISMUGGUNG PROVISION. 
(a) NOTIFICATION REQUIREMENT.—Section 1018 of the Con-
trolled Substances Import and Export Act (21 U.S.C. 971), as 
amended bv section 1505(a) of this Act, is amended by adding 
at the end tne following new subsection: 
"(eXD The Attorney (Jeneral may by regulation require that 
the 15-day notification requirement of subsection (a) apply to all 
exports 01 a listed chemical to a specified country, regardless of 
the status of certain cvistomers in such country as re^lar cus-
tomers, if the Attorney (General finds that such notification is nec-
essary to support effective chemical diversion control programs 
or is required by treaty or other international agreement to which 
the United States is a pairty. 
"(2) The Attorney CJeneral may by regulation waive the 15-
day notification requirement for exports of a listed chemical to 
a specified country if the Attorney General determines that such 
notification is not required for effective chemical diversion control. 
If the notification requirement is waived, exporters of the listed 
chemical shall be required to submit to the Attorney General reports 
of individual exportations or periodic reports of such exportation 
of the listed chemical, at such time or times and containing such 
information as the Attorney General shall establish by regiilation. 
"(3) The Attorney General may by regulation waive the 15-
day notification requirement for the importation of a listed chemical 
if the Attorney General determines tnat such notification is not 
necessary for effective chemical diversion control. If the notification 
requirement is waived, importers of the listed chemical shall be 
required to submit to the Attorney General reports of individual 
importations or periodic reports of the importation of the listed 
chemical, at such time or times and containing such information 
as the Attorney General shall establish by regulation.". 
(b) PROHIBITED ACTS A.—Section 1010(d) of the Controlled Sub-
stances Import and Export Act (21 U.S.C. 96(Kd)), as amended 
by section 4(b) of this Act, is amended— 
(1) by striking "or" at the end of paragraph (3); 
(2) by striking the comma at the end of paragraph (4) 
and inserting a semicolon; and 
(3) by adding at the end the following new paragraphs: 
"(5) imports or exports a listed chemical, with the intent 
to evade the reporting or recordkeeping requirements of section 
1018 applicable to such importation or exportation by falsely 
representing to the Attorney General that the importation or 
exportation qualifies for a waiver of the 15-day notification 
requirement granted pursuant to section 1018(e) (2) or (3) by 
misrepresenting the actual coimtry of final destination of the 
listed chemical or the actual listed chemical being imported 
or e3cported; or 
(6) imports or exports a listed chemical in violation of 
section 1007 or 1018,". 
SEC 6. ADMINISTRATIVE INSPECTIONS AND AUTHORITY. 
Section 510 of the Controlled Substances Act (21 U.S.C. 880) 
is amended— 
Reports. 
Regulations. 
Reports. 
Regulations. 
Exports and 
imports. 
107 STAT. 2340 
PUBLIC LAW 103-200—DEC. 17, 1993 
(1) by amending subsection (aX2) to read as follows: 
"(2) places, including factories, warehouses, and other 
establishments, and conveyances, where persons registered 
under section 303 (or exempt 
firom 
registration under section 
302(d) or by regulation of uie Attorney General) or regulated 
persons may lawfully hold, manufacture, distribute, dispense, 
administer, or otherwise dispose of controlled substances or 
listed chemicals or where records relating to those activities 
are maintained."; and 
(2) in subsection (bX3)— 
(A) in subparagraph (B), by inserting ", listed chemi-
cals," after "unfinished drugs"; and 
(B) in subparagraph (C), by inserting "or Usted chemi-
cal" after "controlled substance and inserting "or chemical" 
after "such substance". 
SEC. 7. THRESHOLD AMOUNTS. 
Section 102(39XA) of the Controlled Substances Act (21 U.S.C. 
802(39XA)), as amended by section 2, is amended by inserting 
"a listed chemical, or if the Attorney Greneral establishes a threshold 
amoimt for a specific listed chemical," before "a threshold amount, 
including a cumulative threshold amount for multiple transactions". 
SEC. 8. AMENDMENTS TO UST L 
Section 102(34) of the Controlled Substances Act (21 U.S.C. 
802(34)) is amended— 
(1) by striking subparagraphs (O), (U), and C
W
)
; 
(2) by redesignating subparagraphs (P) through (T) as (O) 
throu^ (S), subparagraph (V) as (T), and subparagraphs (X) 
and (Y) as (U) and (X), respectively; 
(3) in subparagraph (X), as redesignated by paragraph 
(2), by striking '(X)" and inserting "(U)"; and 
(4) by inserting after subparagraph (U), as redesignated 
by paragraph (2), the following new subparagraphs: 
"(V) benzaldehyde. 
"(W) nitroethane.". 
; 
SEC. 9. ELIMINATION OF REGULAR SUPPLIER STATUS AND CREATION 
OF REGULAR IMPORTER STATUS. 
(a) DEFINITION.—Section 102(37) of the Controlled Substances 
Act (21 U.S.C. 802(37)) is amended to read as follows: 
"(37) The term *regular importer* means, with respect to a 
Usted chemical, a person that has an established record as an 
importer of that listed chemical that is reported to the Attorney 
General.". 
(b) NOTIFICATION.—Section 1018 of the Controlled Substances 
Act (21 U.S.C. 971) is amended— 
(1) in subsection (b)— 
(A) in paragraph (1) by striking "regular supplier of 
the regulated person" and inserting "to an importation 
by a regular importer"; and 
(B) in paragraph (2)— 
(i) by striking "a customer or supplier of a regu-
lated person" and inserting "a customer of a regulated 
person or to an importer"; and 
^
? 
(ii) by striking "regular supplier" and inserting 
"the importer as a regular importer"; and 
PUBLIC LAW 103-200—DEC. 17, 1993 
107 STAT. 2341 
(2) in subsection (cXD by striking "regular supplier" and 
inserting "regular imiwrtei^. 
SEC. 10. REPORTING OF LISTED CHEMICAL MANUFACTURING. 
Section 310(b) of the Controlled Substances Act (21 U.S.C. 
830(b)) is amended— 
(1) by inserting "(1)" after "(b)"; 
(2) by redesignating paragraphs (1), (2), (3), and (4) as 
subparagraphs (A), (B), (C), and (D), respectively; 
(3) by striking "paragraph (1)" each place it appears and 
inserting "subparagraph (A)"; 
(4) by striking "paragraph (2)" and inserting "subparagraph 
(B)"; 
(5) by striking "paragraph (3)" and inserting "subparagraph 
(C)"; and 
(6) by adding at the end the following new paragraph: 
"(2) A regulated person that manufactures a listed chemical Regulations. 
shall report annually to the Attorney (jeneral, in such form and 
manner and containing such specific data as the Attorney Greneral 
shall prescribe by regulation, information concerning listed chemi-
cals manufactured by the person. The requirement of the preceding 
sentence shall not apply to the manufacture of a drug product 
that is exempted under section 102(39XAXiv).''. 
SEC. 11. EFFECTIVE DATE. 
21 USC 802 note. 
This Act and the amendments made bv this Act shall take 
effect on the date that is 120 days after tne date of enactment 
of this Act. 
Approved December 17, 1993. 
LEGISLATIVE HISTORY—H.R. 3216: 
HOUSE REPORTS: No. 103-379, Pt. 1 (Ck)mm. on Energy and Commerce). 
CONGRESSIONAL RECORD, Vol. 139 (1993): 
Nov. 21, considered and passed House. 
Nov. 24, considered and passed Senate.