§952. Importation of controlled substances — Inbound Citations

Implementing Regulations (Code of Federal Regulations)

Statutory authority for 57 regulations in the Code of Federal Regulations.

• 19 C.F.R. § 162.0 — Scope.

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• 19 C.F.R. § 162.1-162.2 — [Reserved]

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• 19 C.F.R. § 162.11 — Authority to procure warrants.

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• 19 C.F.R. § 162.12 — Service of search warrant.

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• 19 C.F.R. § 162.13 — Search of rooms not described in warrant.

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• 19 C.F.R. § 162.15 — Receipt for seized property.

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• 19 C.F.R. § 162.21 — Responsibility and authority for seizures.

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• 19 C.F.R. § 162.22 — Seizure of conveyances.

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• 19 C.F.R. § 162.23 — Seizure under section 596(c), Tariff Act of 1930, as amended (19 U.S.C. 1595a(c)).

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• 19 C.F.R. § 162.3 — Boarding and search of vessels.

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• 19 C.F.R. § 162.31 — Notice of fine, penalty, or forfeiture incurred.

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• 19 C.F.R. § 162.32 — Where petition for relief not filed.

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• 19 C.F.R. § 162.4 — Search for letters.

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• 19 C.F.R. § 162.41 — [Reserved]

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• 19 C.F.R. § 162.42 — Proceedings by libel.

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• 19 C.F.R. § 162.43 — Appraisement.

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• 19 C.F.R. § 162.44 — Release on payment of appraised value.

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• 19 C.F.R. § 162.45 — Summary forfeiture: Property other than Schedule I and Schedule II controlled substances. Notice of seizure and sale.

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• 19 C.F.R. § 162.45a — Summary forfeiture of Schedule I and Schedule II controlled substances.

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• 19 C.F.R. § 162.46 — Summary forfeiture: Disposition of goods.

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• 19 C.F.R. § 162.47 — Claim for property subject to summary forfeiture.

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• 19 C.F.R. § 162.48 — Disposition of perishable and other seized property.

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• 19 C.F.R. § 162.49 — Forfeiture by court decree.

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• 19 C.F.R. § 162.5 — Search of arriving vehicles and aircraft.

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• 19 C.F.R. § 162.50 — Forfeiture by court decree: Disposition.

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• 19 C.F.R. § 162.51 — Disposition of proceeds of sale of property seized and forfeited other than under 19 U.S.C. 1592.

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• 19 C.F.R. § 162.52 — Disposition of proceeds of sale of property seized and forfeited under 19 U.S.C. 1592.

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• 19 C.F.R. § 162.6 — Search of persons, baggage, and merchandise.

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• 19 C.F.R. § 162.61 — Importing and exporting controlled substances.

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• 19 C.F.R. § 162.62 — Permissible controlled substances on vessels, aircraft, and individuals.

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• 19 C.F.R. § 162.63 — Arrests and seizures.

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• 19 C.F.R. § 162.64 — Custody of controlled substances.

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• 19 C.F.R. § 162.65 — Penalties for failure to manifest narcotic drugs or marihuana.

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• 19 C.F.R. § 162.66 — Penalties for unlading narcotic drugs or marihuana without a permit.

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• 19 C.F.R. § 162.7 — Search of vehicles, persons, or beasts.

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• 19 C.F.R. § 162.70 — Applicability.

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• 19 C.F.R. § 162.71 — Definitions.

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• 19 C.F.R. § 162.72 — Penalties and forfeitures under sections 466 and 584(a)(1), Tariff Act of 1930, as amended.

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• 19 C.F.R. § 162.73 — Penalties under section 592, Tariff Act of 1930, as amended.

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• 19 C.F.R. § 162.73a — Penalties under section 593A, Tariff Act of 1930, as amended.

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• 19 C.F.R. § 162.74 — Prior disclosure.

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• 19 C.F.R. § 162.75 — Seizures limited under section 592, Tariff Act of 1930, as amended.

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• 19 C.F.R. § 162.76 — Prepenalty notice for violations of sections 466 or 584(a)(1), Tariff Act of 1930, as amended.

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• 19 C.F.R. § 162.77 — Prepenalty notice for violations of section 592, Tariff Act of 1930, as amended.

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• 19 C.F.R. § 162.77a — Prepenalty notice for violation of section 593A, Tariff Act of 1930, as amended.

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• 19 C.F.R. § 162.78 — Presentations responding to prepenalty notice.

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• 19 C.F.R. § 162.79 — Determination as to violation.

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• 19 C.F.R. § 162.79a — Other notice.

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• 19 C.F.R. § 162.79b — Recovery of actual loss of duties, taxes and fees or actual loss of revenue.

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• 19 C.F.R. § 162.8 — Preclearance inspections and examinations.

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• 19 C.F.R. § 162.80 — Liability for duties; liquidation of entries.

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• 19 C.F.R. § 162.91 — Exemptions.

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• 19 C.F.R. § 162.92 — Notice of seizure.

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• 19 C.F.R. § 162.93 — Failure to issue notice of seizure.

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• 19 C.F.R. § 162.94 — Filing of a claim for seized property.

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• 19 C.F.R. § 162.95 — Release of seized property.

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• 19 C.F.R. § 162.96 — Remission of forfeitures and payment of fees, costs or interest.

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Code of Federal Regulations Citations

Cited by 8 regulations in the Code of Federal Regulations.

• 21 C.F.R. § 1301.34(a) — Application for importation of Schedule I and II substances.

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  (a) In the case of an application for registration or reregistration to import a controlled substance listed in Schedule I or II, under the authority of section 1002(a)(2)(B) of the Act (21 U.S.C. 952(a)(2)(B)), the Administrator shall, upon the filing of such application, publish in the Federal Register a notice naming the applicant and stating that such applicant has applied to be registered as an importer of a Schedule I or II controlled substance, which substance shall be identified. A copy of said notice shall be mailed simultaneously to each person registered as a bulk manufacturer of that controlled substance and to any other applicant therefor. Any such person may, within 30 days from the date of publication of the notice in the Federal Register, file written comments on or objections to the issuance of the proposed registration, and may, at the same time, file a written request for a hearing on the application pursuant to § 1301.43. If a hearing is requested, the Administrator shall hold a hearing on the application in accordance with § 1301.41. Notice of the hearing shall be published in the Federal Register, and shall be mailed simultaneously to the applicant and to all persons to whom notice of the application was mailed. Any such person may participate in the hearing by filing a notice of appearance in accordance with § 1301.43 of this chapter. Notice of the hearing shall contain a summary of all comments and objections filed regarding the application and shall state the time and place for the hearing, which shall not be less than 30 days after the date of publication of such notice in the Federal Register. A hearing pursuant to this section may be consolidated with a hearing held pursuant to § 1301.35 or § 1301.36 of this part.

• 21 C.F.R. § 1312.01 — Scope of part 1312.

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  Procedures governing the importation, exportation, transshipment and intransit shipment of controlled substances pursuant to section 1002, 1003, and 1004 of the Act (21 U.S.C. 952, 953, and 954) are governed generally by those sections and specifically by the sections of this part.

• 21 C.F.R. § 1312.13(f) — Issuance of import permit.

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  (f) Notwithstanding paragraphs (a)(1) and (a)(2) of this section, the Administrator shall permit, pursuant to section 1002(a)(1) or 1002(a)(2)(A) of the Act (21 U.S.C. 952(a)(1) or (a)(2)(A)), the importation of approved narcotic raw material (opium, poppy straw and concentrate of poppy straw) having as its source:

  (1) Turkey,

  (2) India,

  (3) Spain,

  (4) France,

  (5) Poland,

  (6) Hungary, and

• 21 C.F.R. § 1312.30 — Schedule III, IV, and V non-narcotic controlled substances requiring an import and export permit.

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  The following Schedule III, IV, and V non-narcotic controlled substances have been specifically designated by the Administrator of the Drug Enforcement Administration as requiring import and export permits pursuant to sections 201(d)(1), 1002(b)(2), and 1003(e)(3) of the Act (21 U.S.C. 811(d)(1), 952(b)(2), and 953(e)(3)):

• 21 C.F.R. § 1312.41(a) — Hearings generally.

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  (a) In any case where the Administrator shall hold a hearing regarding the denial of an application for an import, export or transshipment permit, the procedures for such hearing shall be governed generally by the adjudication procedures set forth in the Administrative Procedure Act (5 U.S.C. 551-559) and specifically by sections 1002 and 1003 of the Act (21 U.S.C. 952 and 953), by §§ 1312.42-1312.47, and by the procedures for administrative hearings under the Act set forth in §§ 1316.41-1316.67 of this chapter.

• 21 C.F.R. § 1312.45 — Burden of proof.

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  At any hearing on the denial of an application for an import, export, or transshipment permit, the Administrator shall have the burden of proving that the requirements for such permit pursuant to sections 1002, 1003, and 1004 of the Act (21 U.S.C. 952, 953, and 954) are not satisfied.

• 21 C.F.R. § 1315.01 — Scope.

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  This part specifies procedures governing the establishment of an assessment of annual needs, procurement and manufacturing quotas pursuant to section 306 of the Act (21 U.S.C. 826), and import quotas pursuant to section 1002 of the Act (21 U.S.C. 952) for ephedrine, pseudoephedrine, and phenylpropanolamine.

• 21 C.F.R. § 1315.50 — Hearings generally.

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  The procedures for the hearing related to assessment of annual needs or to the issuance, adjustment, suspension, or denial of a manufacturing, procurement, or import quota are governed generally by the adjudication procedures set forth in the Administrative Procedure Act (5 U.S.C. 551-559) and specifically by section 1002 of the Act (21 U.S.C. 952), by §§ 1315.52 through 1315.62 of this part, and by the procedures for administrative hearings under the Act set forth in §§ 1316.41 through 1316.67 of this chapter.

Citations to 21 U.S.C. § 952 as a whole

• 21 U.S.C. § 954

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  Notwithstanding sections 952, 953, and 957 of this title—

• 21 U.S.C. § 960(a)(1)

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  (1) contrary to section 825, 952, 953, or 957 of this title, knowingly or intentionally imports or exports a controlled substance,

• 21 U.S.C. § 960(d)(6)

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  (6) imports a listed chemical in violation of section 952 of this title, imports or exports such a chemical in violation of section 957 or 971 of this title, or transfers such a chemical in violation of section 971(d) of this title; or

Citations to §952(a)

• 18 U.S.C. § 5032

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  A juvenile alleged to have committed an act of juvenile delinquency, other than a violation of law committed within the special maritime and territorial jurisdiction of the United States for which the maximum authorized term of imprisonment does not exceed six months, shall not be proceeded against in any court of the United States unless the Attorney General, after investigation, certifies to the appropriate district court of the United States that (1) the juvenile court or other appropriate court of a State does not have jurisdiction or refuses to assume jurisdiction over said juvenile with respect to such alleged act of juvenile delinquency, (2) the State does not have available programs and services adequate for the needs of juveniles, or (3) the offense charged is a crime of violence that is a felony or an offense described in section 401 of the Controlled Substances Act (21 U.S.C. 841), or section 1002(a), 1003, 1005, 1009, or 1010(b)(1), (2), or (3) of the Controlled Substances Import and Export Act (21 U.S.C. 952(a), 953, 955, 959, 960(b)(1), (2), (3)), section 922(x) or section 924(b), (g), or (h) of this title, and that there is a substantial Federal interest in the case or the offense to warrant the exercise of Federal jurisdiction.

• 21 U.S.C. § 956(a)(1)

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  (1) Subject to paragraph (2), the Attorney General may by regulation exempt from sections 952(a) and (b), 953, 954, and 955 of this title any individual who has a controlled substance (except a substance in schedule I) in his possession for his personal medical use, or for administration to an animal accompanying him, if he lawfully obtained such substance and he makes such declaration (or gives such other notification) as the Attorney General may by regulation require.

• 21 U.S.C. § 958(i)

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  (i) Except in emergency situations as described in section 952(a)(2)(A) of this title, prior to issuing a registration under this section to a bulk manufacturer of a controlled substance in schedule I or II, and prior to issuing a regulation under section 952(a) of this title authorizing the importation of such a substance, the Attorney General shall give manufacturers holding registrations for the bulk manufacture of the substance an opportunity for a hearing.

• 28 U.S.C. § 994(h)(1)(B)

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  (B) an offense described in section 401 of the Controlled Substances Act (21 U.S.C. 841), sections 1002(a), 1005, and 1009 of the Controlled Substances Import and Export Act (21 U.S.C. 952(a), 955, and 959), and chapter 705 of title 46; and

• 28 U.S.C. § 994(h)(2)(B)

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  (B) an offense described in section 401 of the Controlled Substances Act (21 U.S.C. 841), sections 1002(a), 1005, and 1009 of the Controlled Substances Import and Export Act (21 U.S.C. 952(a), 955, and 959), and chapter 705 of title 46.

Citations to §952(a)(2)(A)

• 21 U.S.C. § 958(i)

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  (i) Except in emergency situations as described in section 952(a)(2)(A) of this title, prior to issuing a registration under this section to a bulk manufacturer of a controlled substance in schedule I or II, and prior to issuing a regulation under section 952(a) of this title authorizing the importation of such a substance, the Attorney General shall give manufacturers holding registrations for the bulk manufacture of the substance an opportunity for a hearing.

Citations to §952(b)

• 21 U.S.C. § 956(a)(1)

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  (1) Subject to paragraph (2), the Attorney General may by regulation exempt from sections 952(a) and (b), 953, 954, and 955 of this title any individual who has a controlled substance (except a substance in schedule I) in his possession for his personal medical use, or for administration to an animal accompanying him, if he lawfully obtained such substance and he makes such declaration (or gives such other notification) as the Attorney General may by regulation require.