II 109th CONGRESS 1st Session S. 1395 IN THE SENATE OF THE UNITED STATES July 13, 2005 Mr. Hatch (for himself and Mr. Biden) introduced the following bill; which was read twice, considered, read the third time, and passed A BILL To amend the Controlled Substances Import and Export Act to provide authority for the Attorney General to authorize the export of controlled substances from the United States to another country for subsequent export from that country to a second country, if certain conditions and safeguards are satisfied.

1.

Reexportation of controlled substances

(a)

Short title

This Act may be cited as the Controlled Substances Export Reform Act of 2005. (b)

In general

Section 1003 of the Controlled Substances Import and Export Act (21 U.S.C. 953) is amended by adding at the end the following: (f)Notwithstanding subsections (a)(4) and (c)(3), the Attorney General may authorize any controlled substance that is in schedule I or II, or is a narcotic drug in schedule III or IV, to be exported from the United States to a country for subsequent export from that country to another country, if each of the following conditions is met: (1)Both the country to which the controlled substance is exported from the United States (referred to in this subsection as the first country) and the country to which the controlled substance is exported from the first country (referred to in this subsection as the second country) are parties to the Single Convention on Narcotic Drugs, 1961, and the Convention on Psychotropic Substances, 1971. (2)The first country and the second country have each instituted and maintain, in conformity with such Conventions, a system of controls of imports of controlled substances which the Attorney General deems adequate. (3)With respect to the first country, the controlled substance is consigned to a holder of such permits or licenses as may be required under the laws of such country, and a permit or license to import the controlled substance has been issued by the country. (4)With respect to the second country, substantial evidence is furnished to the Attorney General by the person who will export the controlled substance from the United States that— (A)the controlled substance is to be consigned to a holder of such permits or licenses as may be required under the laws of such country, and a permit or license to import the controlled substance is to be issued by the country; and (B)the controlled substance is to be applied exclusively to medical, scientific, or other legitimate uses within the country. (5)The controlled substance will not be exported from the second country. (6)Within 30 days after the controlled substance is exported from the first country to the second country, the person who exported the controlled substance from the United States delivers to the Attorney General documentation certifying that such export from the first country has occurred. (7)A permit to export the controlled substance from the United States has been issued by the Attorney General. .