Controlled Substances Export Reform Act of 2005
PL 109-57 (S.1395), enacted 08/02/2005

119 STAT. 592
PUBLIC LAW 109–57—AUG. 2, 2005
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.
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 sub-
section 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 sub-
stance 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 evi-
dence 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
21 USC 801 note.
Controlled
Substances
Export Reform
Act of 2005.
Aug. 2, 2005
[S. 1395]
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119 STAT. 593
PUBLIC LAW 109–57—AUG. 2, 2005
LEGISLATIVE HISTORY—S. 1395 (H.R. 184):
CONGRESSIONAL RECORD, Vol. 151 (2005):
July 13, considered and passed Senate.
July 27, considered and passed House.
‘‘(B) the controlled substance is to be applied exclu-
sively 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 certi-
fying 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.
Deadline.
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