U.S. Code » Title 21 » Chapter CHAPTER 13— DRUG ABUSE PREVENTION AND CONTROL › Subchapter SUBCHAPTER II— IMPORT AND EXPORT

21 U.S.C. § 961

Prohibited acts B

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Any person who violates section 954 of this title or fails to notify the Attorney General of an importation or exportation under section 971 of this title shall be subject to the following penalties:(1) Except as provided in paragraph (2), any such person shall, with respect to any such violation, be subject to a civil penalty of not more than $25,000. Sections 842(c)(1) and (c)(3) of this title shall apply to any civil penalty assessed under this paragraph.(2) If such a violation is prosecuted by an information or indictment which alleges that the violation was committed knowingly or intentionally and the trier of fact specifically finds that the violation was so committed, such person shall be sentenced to imprisonment for not more than one year or a fine of not more than $25,000 or both.(Pub. L. 91–513, title III, § 1011, Oct. 27, 1970, 84 Stat. 1290; Pub. L. 100–690, title VI, § 6053(d), Nov. 18, 1988, 102 Stat. 4316.)Editorial NotesAmendments

1988—Pub. L. 100–690 inserted “or fails to notify the Attorney General of an importation or exportation under section 971 of this title”.

Statutory Notes and Related SubsidiariesEffective Date of 1988 Amendment

Amendment by Pub. L. 100–690 effective 120 days after Nov. 18, 1988, see section 6061 of Pub. L. 100–690, set out as a note under section 802 of this title.

Effective Date

Section effective on first day of seventh calendar month that begins after Oct. 26, 1970, see 1105(a) of Pub. L. 91–513, set out as a under section 951 of this title.

Notes of Decisions
Cited in 3 cases, 1979–1996 · leading case: United States v. Luis Montenegro-Rojo
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United States v. Luis Montenegro-Rojo (1990) ca9 “Since a term of supervised release is required by 21 U.S.C. § 961 and 21 U.S.C. § 841 , it is obvious that Congress used the phrase "as a part of the sentence” synonymously with the phrase "in addition to such term of imprisonment.”
United States v. Jaime Gomez-Tostado (1979) ca9 “Compare 21 U.S.C. § 961 with 21 U.S.C. §§ 841 (b)(1), 960(b)(1).”
United States v. Ronnie Bazel, Jr. (1996) ca6 “§ 960 , however, while § 3553 references 21 U.S.C. § 961 . Because Bazel pled guilty to a violation of 21 U.”
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