U.S. Code » Title 21 » Chapter CHAPTER 24— INTERNATIONAL NARCOTICS TRAFFICKING

21 U.S.C. § 1903

Public identification of significant foreign narcotics traffickers and required reports

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(a) Provision of information to the President

The Secretary of the Treasury, the Attorney General, the Secretary of Defense, the Secretary of State, and the Director of Central Intelligence shall consult among themselves and provide the appropriate and necessary information to enable the President to submit the report under subsection (b). This information shall also be provided to the Director of the Office of National Drug Control Policy.

(b) Public identification and sanctioning of significant foreign narcotics traffickersNot later than June 1, 2000, and not later than June 1 of each year thereafter, the President shall submit a report to the Permanent Select Committee on Intelligence, and the Committees on the Judiciary, International Relations, Armed Services, and Ways and Means of the House of Representatives; and to the Select Committee on Intelligence, and the Committees on the Judiciary, Foreign Relations, Armed Services, and Finance of the Senate—(1) identifying publicly the foreign persons that the President determines are appropriate for sanctions pursuant to this chapter; and(2) detailing publicly the President’s intent to impose sanctions upon these significant foreign narcotics traffickers pursuant to this chapter.The report required in this subsection shall not include information on persons upon which United States sanctions imposed under this chapter, or otherwise on account of narcotics trafficking, are already in effect.(c) Unclassified report required

The report required by subsection (b) shall be submitted in unclassified form and made available to the public.

(d) Classified report(1) Not later than July 1, 2000, and not later than July 1 of each year thereafter, the President shall provide the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate with a report in classified form describing in detail the status of the sanctions imposed under this chapter, including the personnel and resources directed towards the imposition of such sanctions during the preceding fiscal year, and providing background information with respect to newly-identified significant foreign narcotics traffickers and their activities.(2) Such classified report shall describe actions the President intends to undertake or has undertaken with respect to such significant foreign narcotics traffickers.(3) The report required under this subsection is in addition to the President’s obligations to keep the intelligence committees of Congress fully and currently informed pursuant to the provisions of the National Security Act of 1947.(e) Exclusion of certain information(1) Intelligence

Notwithstanding any other provision of this section, the reports described in subsections (b) and (d) shall not disclose the identity of any person, if the Director of Central Intelligence determines that such disclosure could compromise an intelligence operation, activity, source, or method of the United States.

(2) Law enforcementNotwithstanding any other provision of this section, the reports described in subsections (b) and (d) shall not disclose the name of any person if the Attorney General, in coordination as appropriate with the Director of the Federal Bureau of Investigation, the Administrator of the Drug Enforcement Administration, and the Secretary of the Treasury, determines that such disclosure could reasonably be expected to—(A) compromise the identity of a confidential source, including a State, local, or foreign agency or authority or any private institution that furnished information on a confidential basis;(B) jeopardize the integrity or success of an ongoing criminal investigation or prosecution;(C) endanger the life or physical safety of any person; or(D) cause substantial harm to physical property.(f) Notification required(1) Whenever either the Director of Central Intelligence or the Attorney General makes a determination under subsection (e), the Director of Central Intelligence or the Attorney General shall notify the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate, and explain the reasons for such determination.(2) The notification required under this subsection shall be submitted to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate not later than July 1, 2000, and on an annual basis thereafter.(g) Determinations not to apply sanctions(1) The President may waive the application to a significant foreign narcotics trafficker of any sanction authorized by this chapter if the President determines that the application of sanctions under this chapter would significantly harm the national security of the United States.(2) When the President determines not to apply sanctions that are authorized by this chapter to any significant foreign narcotics trafficker, the President shall notify the Permanent Select Committee on Intelligence, and the Committees on the Judiciary, International Relations, Armed Services, and Ways and Means of the House of Representatives, and the Select Committee on Intelligence, and the Committees on the Judiciary, Foreign Relations, Armed Services, and Finance of the Senate not later than 21 days after making such determination.(h) Changes in determinations to impose sanctions(1) Additional determinations(A) If at any time after the report required under subsection (b) the President finds that a foreign person is a significant foreign narcotics trafficker and such foreign person has not been publicly identified in a report required under subsection (b), the President shall submit an additional public report containing the information described in subsection (b) with respect to such foreign person to the Permanent Select Committee on Intelligence, and the Committees on the Judiciary, International Relations, Armed Services, and Ways and Means of the House of Representatives, and the Select Committee on Intelligence, and the Committees on the Judiciary, Foreign Relations, Armed Services, and Finance of the Senate.(B) The President may apply sanctions authorized under this chapter to the significant foreign narcotics trafficker identified in the report submitted under subparagraph (A) as if the trafficker were originally included in the report submitted pursuant to subsection (b) of this section.(C) The President shall notify the Secretary of the Treasury of any determination made under this paragraph.(2) Revocation of determination(A) Whenever the President finds that a foreign person that has been publicly identified as a significant foreign narcotics trafficker in the report required under subsection (b) or this subsection no longer engages in those activities for which sanctions under this chapter may be applied, the President shall issue public notice of such a finding.(B) Not later than the date of the public notice issued pursuant to subparagraph (A), the President shall notify, in writing and in classified or unclassified form, the Permanent Select Committee on Intelligence, and the Committees on the Judiciary, International Relations, Armed Services, and Ways and Means of the House of Representatives, and the Select Committee on Intelligence, and the Committees on the Judiciary, Foreign Relations, Armed Services, and Finance of the Senate of actions taken under this paragraph and a description of the basis for such actions.(i) Protection of classified information in Federal court challenges relating to designations

In any judicial review of a determination made under this section, if the determination was based on classified information (as defined in section 1(a) of the Classified Information Procedures Act) such information may be submitted to the reviewing court ex parte and in camera. This subsection does not confer or imply any right to judicial review.

(Pub. L. 106–120, title VIII, § 804, Dec. 3, 1999, 113 Stat. 1626; Pub. L. 114–198, title VIII, § 801, July 22, 2016, 130 Stat. 755.)Editorial NotesReferences in Text

The National Security Act of 1947, referred to in subsec. (d)(3), is act July 26, 1947, ch. 343, 61 Stat. 495, which was formerly classified principally to chapter 15 (§ 401 et seq.) of Title 50, War and National Defense, prior to editorial reclassification in Title 50, and is now classified principally to chapter 44 (§ 3001 et seq.) of Title 50. For complete classification of this Act to the Code, see Tables.

Section 1(a) of the Classified Information Procedures Act, referred to in subsec. (i), is section 1(a) of Pub. L. 96–456, Oct. 15, 1980, 94 Stat. 2025, which is set out in the Appendix to Title 18, Crimes and Criminal Procedure.

Amendments

2016—Subsec. (i). Pub. L. 114–198 added subsec. (i).

Statutory Notes and Related SubsidiariesChange of Name

Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.

Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108–458, set out as a note under section 3001 of Title 50, War and National Defense.

Executive DocumentsDelegation of Functions

For delegation of Congressional reporting functions of President under subsec. (d) of this section, see section 1 of Ex. Ord. No. 13313, July 31, 2003, 68 F.R. 46075, set out as a note under section 301 of Title 3, The President.

Delegation of Functions Under Section 804(h)(2)(A) of the Foreign Narcotics Kingpin Designation Act

Memorandum of President of the United States, May 31, 2013, 78 F.R. 33943, provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, I hereby delegate the functions conferred upon the President by section 804(h)(2)(A) of the Foreign Narcotics Kingpin Designation Act (21 U.S.C. 1903(h)(2)(A)), to the Secretary of the Treasury.

You are authorized and directed to publish this memorandum in the Federal Register.

Barack Obama.Delegation of Functions Under the Foreign Narcotics Kingpin Designation Act

Memorandum of President of the United States, May 15, 2015, 80 F.R. 29201, provided:

Memorandum for the Secretary of the Treasury

By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, I hereby delegate the functions conferred upon the President by sections 804(b), (c), (g), and (h) of the Foreign Narcotics Kingpin Designation Act (21 U.S.C. 1903(b), (c), (g), and (h)), to the Secretary of the Treasury.

You are authorized and directed to publish this memorandum in the Federal Register.

Barack Obama.
Notes of Decisions
Cited in 10 cases (2 in the last 5 years), 2011–2024 · leading case: Waked Fares v. Smith, 249 F. Supp. 3d 115 (D.D.C. 2017).
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Waked Fares v. Smith, 249 F. Supp. 3d 115 (D.D.C. 2017). · cites it 2× “21 U.S.C. §§ 1903 (b), 1907(7). The Act also authorizes the Secretary of the Treasury, in consultation with other federal government agencies, to designate foreign persons “as materially assisting in, or providing financial or technological support for or to, or providing goods…”
Abdul Waked Fares v. John Smith, 901 F.3d 315 (D.C. Cir. 2018). “21 U.S.C. § 1903 (i). This court, in the context of a "foreign terrorist organization" designation under AEDPA, has "already decided .”
Keith Stansell v. Mercurio Int'l S.A., 704 F.3d 910 (11th Cir. 2013). “A ‘significant foreign narcotics trafficker' means any foreign person that plays a significant role in international narcotics trafficking, that [1] the President has determined to be appropriate for sanctions pursuant to this chapter, and [2] that the President has publicly…”
Zevallos v. Obama, 10 F. Supp. 3d 111 (D.D.C. 2014). “” 21 U.S.C. § 1903 (b)(l)-(2). A significant foreign narcotics trafficker (“SFNT”) is defined as “any foreign person that plays a significant role in international narcotics trafficking, that the President has determined to be appropriate for sanctions pursuant to this chapter.”
Samark Lopez Bello v. Andrea Gacki, 94 F.4th 1067 (D.C. Cir. 2024). · cites it 2× “In response, OFAC provided the administrative record supporting designation but redacted classified, privileged and law enforcement sensitive information pursuant to 21 U.S.C. § 1903 (e). OFAC also provided him with a copy of the Designation and Blocking Memorandum, the Federal…”
In Re Nat'l SEC. Agency Telecomm., 671 F.3d 881 (9th Cir. 2011). “[2] The Brief of the Amici Law Professors includes an appendix that contains a laundry list of "Selected Statutes Authorizing Executive Branch Officials to Waive Existing Laws in Certain Circumstances" ranging from the Intelligence Authorization Act, 21 U.S.C. § 1903 (g)(1), to…”
Hepting v. AT & T Corp., 671 F.3d 881 (9th Cir. 2011). “The Brief of the Amici Law Professors includes an appendix that contains a laundry list of "Selected Statutes Authorizing Executive Branch Officials to Waive Existing Laws in Certain Circumstances” ranging from the Intelligence Authorization Act, 21 U.S.C. § 1903 (g)(1), to the…”
Sulemane v. Lew (D.D.C. 2019). · cites it 2× “2 The Department also designated three businesses purportedly owned or controlled by Sulemane—Grupo MBS Limitada, Grupo MBS-Kayum Centre, and Maputo Shopping Centre— as specially designated narcotics traffickers under the Kingpin Act.”
United States v. Oseguera Gonzalez (D.D.C. 2020). “19 The Kingpin Act authorizes the President to designate and block “significant foreign narcotics traffickers,” 21 U.S.C. §§ 1903 (b), 1904(b)(1), and then the Secretary of the Treasury to designate and block the assets of foreign persons who “materially assist[] in, or…”
Arsa Distrib., Inc. v. Salud Nat. Mexicana SA de CV (E.D. Va. 2023). “See 21 U.S.C. § 1903 (d). However, to be included on the SDNT list, a person must be found to be (1) [mJaterially assisting in, or providing financial or technological support for or to, or providing goods or services in support of, the international narcotics trafficking…”
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