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

21 U.S.C. § 1904

Blocking assets and prohibiting transactions

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(a) Applicability of sanctions

A significant foreign narcotics trafficker publicly identified in the report required under subsection (b) or (h)(1) of section 1903 of this title and foreign persons designated by the Secretary of the Treasury pursuant to subsection (b) of this section shall be subject to any and all sanctions as authorized by this chapter. The application of sanctions on any foreign person pursuant to subsection (b) or (h)(1) of section 1903 of this title or subsection (b) of this section shall remain in effect until revoked pursuant to section 1903(h)(2) of this title or subsection (e)(1)(A) of this section or waived pursuant to section 1903(g)(1) of this title.

(b) Blocking of assetsExcept to the extent provided in regulations, orders, instructions, licenses, or directives issued pursuant to this chapter, and notwithstanding any contract entered into or any license or permit granted prior to the date on which the President submits the report required under subsection (b) or (h)(1) of section 1903 of this title, there are blocked as of such date, and any date thereafter, all such property and interests in property within the United States, or within the possession or control of any United States person, which are owned or controlled by—(1) any significant foreign narcotics trafficker publicly identified by the President in the report required under subsection (b) or (h)(1) of section 1903 of this title;(2) any foreign person that the Secretary of the Treasury, in consultation with the Attorney General, the Director of Central Intelligence, the Director of the Federal Bureau of Investigation, the Administrator of the Drug Enforcement Administration, the Secretary of Defense, and the Secretary of State, designates as materially assisting in, or providing financial or technological support for or to, or providing goods or services in support of, the international narcotics trafficking activities of a significant foreign narcotics trafficker so identified in the report required under subsection (b) or (h)(1) of section 1903 of this title, or foreign persons designated by the Secretary of the Treasury pursuant to this subsection;(3) any foreign person that the Secretary of the Treasury, in consultation with the Attorney General, the Director of Central Intelligence, the Director of the Federal Bureau of Investigation, the Administrator of the Drug Enforcement Administration, the Secretary of Defense, and the Secretary of State, designates as owned, controlled, or directed by, or acting for or on behalf of, a significant foreign narcotics trafficker so identified in the report required under subsection (b) or (h)(1) of section 1903 of this title, or foreign persons designated by the Secretary of the Treasury pursuant to this subsection; and(4) any foreign person that the Secretary of the Treasury, in consultation with the Attorney General, the Director of Central Intelligence, the Director of the Federal Bureau of Investigation, the Administrator of the Drug Enforcement Administration, the Secretary of Defense, and the Secretary of State, designates as playing a significant role in international narcotics trafficking.(c) Prohibited transactionsExcept to the extent provided in regulations, orders, instructions, licenses, or directives issued pursuant to this chapter, and notwithstanding any contract entered into or any license or permit granted prior to the date on which the President submits the report required under subsection (b) or (h)(1) of section 1903 of this title, the following transactions are prohibited:(1) Any transaction or dealing by a United States person, or within the United States, in property or interests in property of any significant foreign narcotics trafficker so identified in the report required pursuant to subsection (b) or (h)(1) of section 1903 of this title, and foreign persons designated by the Secretary of the Treasury pursuant to subsection (b) of this section.(2) Any transaction or dealing by a United States person, or within the United States, that evades or avoids, or has the effect of evading or avoiding, and any endeavor, attempt, or conspiracy to violate, any of the prohibitions contained in this chapter.(d) Law enforcement and intelligence activities not affected

Nothing in this chapter prohibits or otherwise limits the authorized law enforcement or intelligence activities of the United States, or the law enforcement activities of any State or subdivision thereof.

(e) Implementation(1) The Secretary of the Treasury, in consultation with the Attorney General, the Director of Central Intelligence, the Director of the Federal Bureau of Investigation, the Administrator of the Drug Enforcement Administration, the Secretary of Defense, and the Secretary of State, is authorized to take such actions as may be necessary to carry out this chapter, including—(A) making those designations authorized by paragraphs (2), (3), and (4) of subsection (b) of this section and revocation thereof;(B) promulgating rules and regulations permitted under this chapter; and(C) employing all powers conferred on the Secretary of the Treasury under this chapter.(2) Each agency of the United States shall take all appropriate measures within its authority to carry out the provisions of this chapter.(3)Section 552(a)(3) of title 5 shall not apply to any record or information obtained or created in the implementation of this chapter.(Pub. L. 106–120, title VIII, § 805, Dec. 3, 1999, 113 Stat. 1629; Pub. L. 107–108, title III, § 307, Dec. 28, 2001, 115 Stat. 1399.)Editorial NotesAmendments

2001—Subsec. (f). Pub. L. 107–108 struck out heading and text of subsec. (f). Text read as follows: “The determinations, identifications, findings, and designations made pursuant to section 1903 of this title and subsection (b) of this section shall not be subject to judicial review.”

Statutory Notes and Related SubsidiariesChange of Name

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.

Notes of Decisions
Cited in 27 cases (13 in the last 5 years), 2013–2026 · leading case: Samark Lopez Bello v. Andrea Gacki, 94 F.4th 1067 (D.C. Cir. 2024).
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Samark Lopez Bello v. Andrea Gacki, 94 F.4th 1067 (D.C. Cir. 2024). · cites it 9× “OFAC designated Tareck Zaidan El Aissami for “playing a significant role in international narcotics trafficking,” see 21 U.S.C. § 1904 (b)(4), and Samark Jose Lopez Bello for materially assisting in that trafficking and providing support to El Aissami.”
Abdul Waked Fares v. John Smith, 901 F.3d 315 (D.C. Cir. 2018). · cites it 2× “See 21 U.S.C. § 1904 (b), (c). When the designees asked the agency to turn over the evidence against them-the administrative record setting out the bases of the designation-so that they could challenge the determination, the agency returned a file almost entirely blacked out…”
Keith Stansell v. Revolutionary Armed Forces of Columbia, (FARC), 771 F.3d 713 (11th Cir. 2014). “21 U.S.C. § 1904 (b)(2)-(4); see also 31 C.”
Zevallos v. Obama Ex Rel. United States, 793 F.3d 106 (D.C. Cir. 2015). “807 (a), and all their assets in the United States or under the control of any person who is in the United States are “blocked],” 21 U.S.C. § 1904 (b), or effectively frozen.”
Keith Stansell v. Mercurio Int'l S.A., 704 F.3d 910 (11th Cir. 2013). “, 21 U.S.C. § 1904 (c)(1) ("Except to the extent provided in regulations .”
Waked Fares v. Smith, 249 F. Supp. 3d 115 (D.D.C. 2017). “The consequences of an SDNT designation are dire, as the designation acts to block “all such property and interests in property within the United States, or within the possession or control of any United States person, which are owned or *119 controlled by” the designated…”
Zevallos v. Obama, 10 F. Supp. 3d 111 (D.D.C. 2014). “Zevallos’s “property within the United States,” see 21 U.S.C. § 1904 (b), could easily be moved from the United States to elsewhere at a moment’s notice — and in fact was, see e.”
United States v. Andrew Pierson, 73 F.4th 582 (8th Cir. 2023). “701, 21 U.S.C. §§ 1904 and 1906, and 18 U.S.C.”
Versilia Supply Serv. SRL v. M/Y Waku, 371 F. Supp. 3d 1143 (S.D. Fla. 2019). · cites it 3× “" 21 U.S.C. § 1904 (b)(2)-(4) ; 31 C.F.R. § 598.”
Lopez Bello v. Smith (D.D.C. 2022). · cites it 8× “314 (b)(3) (2021); 21 U.S.C. § 1904 (b)(4). A “specially designated narcotics trafficker” designation by the Secretary of the Treasury or the Office of Foreign Assets Control (the “OFAC”) pursuant to Section 1904(b) is a different designation than that made by the President…”
United States v. Oseguera Gonzalez (D.D.C. 2020). · cites it 6× “2018) (quoting first 21 U.S.C. § 1904 (b)(2)–(4) and then 31 C.”
United States v. Oseguera Gonzalez (D.D.C. 2020). · cites it 3× “2018) (quoting 21 U.S.C. § 1904 (b)(2)–(4) and citing 31 C.”
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