21 U.S.C. § 1901

Findings and policy

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(a) FindingsCongress makes the following findings:(1) Presidential Decision Directive 42, issued on October 21, 1995, ordered agencies of the executive branch of the United States Government to, inter alia, increase the priority and resources devoted to the direct and immediate threat international crime presents to national security, work more closely with other governments to develop a global response to this threat, and use aggressively and creatively all legal means available to combat international crime.(2) Executive Order No. 12978 of October 21, 1995, provides for the use of the authorities in the International Emergency Economic Powers Act (IEEPA) (50 U.S.C. 1701 et seq.) to target and apply sanctions to four international narcotics traffickers and their organizations that operate from Colombia.(3) IEEPA was successfully applied to international narcotics traffickers in Colombia and based on that successful case study, Congress believes similar authorities should be applied worldwide.(4) There is a national emergency resulting from the activities of international narcotics traffickers and their organizations that threatens the national security, foreign policy, and economy of the United States.(b) Policy

It shall be the policy of the United States to apply economic and other financial sanctions to significant foreign narcotics traffickers and their organizations worldwide to protect the national security, foreign policy, and economy of the United States from the threat described in subsection (a)(4).

(Pub. L. 106–120, title VIII, § 802, Dec. 3, 1999, 113 Stat. 1626.)Editorial NotesReferences in Text

Executive Order No. 12978, referred to in subsec. (a)(2), is Ex. Ord. No. 12978, Oct. 21, 1995, 60 F.R. 54579, which is listed in a table under section 1701 of Title 50, War and National Defense.

The International Emergency Economic Powers Act, referred to in subsec. (a)(2), is title II of Pub. L. 95–223, Dec. 28, 1977, 91 Stat. 1626, which is classified generally to chapter 35 (§ 1701 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of Title 50 and Tables.

Statutory Notes and Related SubsidiariesEffective Date

Pub. L. 106–120, title VIII, § 811, Dec. 3, 1999, 113 Stat. 1636, provided that: “This title [see Short Title note set out below] shall take effect on the date of the enactment of this Act [Dec. 3, 1999].”

Short Title

Pub. L. 106–120, title VIII, § 801, Dec. 3, 1999, 113 Stat. 1626, provided that: “This title [enacting this chapter and amending section 1182 of Title 8, Aliens and Nationality] may be cited as the ‘Foreign Narcotics Kingpin Designation Act’.”

Notes of Decisions

Cited in 31 cases (12 in the last 5 years), 2009–2026 · leading case: Zevallos v. Obama, 10 F. Supp. 3d 111 (D.D.C. 2014).

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Zevallos v. Obama, 10 F. Supp. 3d 111 (D.D.C. 2014). · cites it 2× “See 21 U.S.C. § 1901 (a)(3) (“IEEPA was successfully applied to international narcotics traffickers in Colombia and based on that successful case study, Congress believes similar authorities should be applied worldwide.”

Abdul Waked Fares v. John Smith, 901 F.3d 315 (D.C. Cir. 2018). “The Foreign Narcotics Kingpin Designation Act (Kingpin Act), 21 U.S.C. §§ 1901 - 1908, authorizes the Secretary of the Treasury-and by delegation the Office of Foreign Assets Control and its Director, John Smith, (collectively, OFAC, agency, or government)-to deem foreign…”

Zevallos v. Obama Ex Rel. United States, 793 F.3d 106 (D.C. Cir. 2015). “I This case arises under the Foreign Narcotics Kingpin Designation Act (Kingpin Act), 21 U.S.C. § 1901 et seq., one of several statutory mechanisms that enable the President to block or seize the assets of individuals or entities involved in international crime or terrorism.”

Keith Stansell v. Mercurio Int'l S.A., 704 F.3d 910 (11th Cir. 2013). “Specifically, we decide whether assets frozen pursuant only to the Foreign Narcotics Kingpin Designation Act (Kingpin Act), 21 U.S.C. § 1901 et seq., qualify as “blocked assets” under the Terrorism Act.”

Waked Fares v. Smith, 249 F. Supp. 3d 115 (D.D.C. 2017). “, have been designated as Specially Designated Narcotics Traffickers by Defendants pursuant to the Foreign Narcotics Kingpin Designation Act (“Kingpin Act”), 21 U.S.C. § 1901 et seq. In this action, they bring claims pursuant to the Due Process Clause of the Fifth Amendment and…”

Samark Lopez Bello v. Andrea Gacki, 94 F.4th 1067 (D.C. Cir. 2024). · cites it 2× “The Foreign Narcotics Kingpin Designation Act (Kingpin Act), 21 U.S.C. §§ 1901–1908, authorizes the President or the Treasury Secretary to name persons as Traffickers.”

Kindhearts for Charitable Humanitarian Dev., Inc. v. Geithner, 647 F. Supp. 2d 857 (N.D. Ohio 2009). “In the legislative findings in the Foreign Narcotics Kingpin Designation Act, 21 U.S.C. § 1901 (a)(3), Congress addressed President Clinton’s actions, noting that the President “successfully applied [the IEE-PA] to international narcotics traffickers in Columbia and based on…”

In re Interest of Mateo L., 309 Neb. 565 (Neb. 2021). “2d 307, 314 (2020) (recognizing that both the federal Indian Child Welfare Act of 1978, 21 U.S.C. §§ 1901 to 1963 (2018), and the Nebraska Indian Child Welfare Act, Neb.”

Versilia Supply Serv. SRL v. M/Y Waku, 371 F. Supp. 3d 1143 (S.D. Fla. 2019). “*1146 First, Nautical asserts that the Foreign Narcotics Kingpin Designation Act ("Kingpin Act"), 21 U.S.C. §§ 1901 - 1908, and the Foreign Narcotics Kingpin Sanctions Regulations ("Kingpin Regulations"), 31 C.”

Burchfield v. Alibaba Grp. (W.D. Ark. 2022). · cites it 2× “Foreign Narcotics Kingpin Designation Act (“Kingpin Act”) The Kingpin Act, 21 U.S.C. §§ 1901 et seq., makes it the “policy of the United States to apply economic and other financial sanctions to significant foreign narcotics traffickers and their organizations worldwide to…”

United States v. Lobo (2d Cir. 2018). “In 2013, pursuant to the Foreign Narcotics Kingpin Designation Act, 21 U.S.C. § 1901 et seq., the United States Department of the Treasury, Office of Foreign Assets Control identified the Cachiros and Cachiros‐affiliated entities as significant foreign narcotics traffickers and…”

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