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1 1 (August 19, 2024)

handle is hein.crs/goveqke0001 and id is 1 raw text is: Congressional 13 search Service Infor ning I leji I9tive I Am e sir ce 1914 0 Updated August 19, 2024 U.S. Sanctions: Targeting International Illicit Drug Production and Trafficking Sanctions play a role in U.S. national drug control strategies to disrupt and deter the illicit production and trafficking of foreign-produced drugs. The 118th Congress has focused on the role of sanctions in combating synthetic opioid production and trafficking (including fentanyl). Opioids are a leading contributor to U.S. drug overdose deaths. Overy ew Counternarcotics sanctions take several forms and variously target a broad range of actors directly and indirectly involved in the global illicit drug trade. Asset-B ocking Sanctions The U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) administers and enforces three sanctions programs that block all property and interest in property within U.S. jurisdiction of foreign entities and individuals (collectively, persons) targeted for their activities related to narcotics trafficking. These programs prohibit transactions with sanctioned persons. Executive Order 12978. On October 21, 1995, then- President Bill Clinton signed Executive Order (E.O.) 12978, Blocking Assets and Prohibiting Transactions with Significant Narcotics Traffickers. Based on authorities in the National Emergencies Act (NEA; 50 U.S.C. §§1601 et seq.) and the International Emergency Economic Powers Act (IEEPA; §§50 U.S.C. 1701 et seq.), E.O. 12978 orders the blocking of U.S.-based assets linked to significant foreign narcotics traffickers centered in Colombia, including entities or individuals that are owned or controlled by, or act for or on behalf of, such traffickers. Sanctions may also be imposed on those who materially assist, provide financial or technological support for, or provide goods or services in support of the narcotics- trafficking activities of designated significant foreign narcotics traffickers. Foreign Narcotics Kingpin Designation Act. On December 3, 1999, President Clinton signed the Foreign Narcotics Kingpin Designation Act into law (Kingpin Act, Title VIII of P.L. 106-120; 21 U.S.C. §§1901 et seq.). The Kingpin Act, in effect, expands E.O. 12978 to apply globally, freezing U.S.-based assets of significant foreign narcotics traffickers, their organizations, and those who assist or support them. Executive Order 14059 and the Fentanyl Sanctions Act. On December 15, 2021, President Joe Biden signed E.O. 14059, Imposing Sanctions on Foreign Persons Involved in the Global Illicit Drug Trade, drawing on NEA and IEEPA authorities, as well as the Fentanyl Sanctions Act (FSA, Title LXXII, Div. F of P.L. 116-92; 21 U.S.C. §§2301 et seq.). The FSA directs the President to impose sanctions on foreign opioid traffickers, their organizations, and those who knowingly supply or source precursors for them. E.O. 14059 expands on the FSA and the Kingpin Act to direct the Secretary of the Treasury to sanction persons linked to the international proliferation of illicit drugs or their means of production. Targets may include foreign persons who engage in activities or transactions related to international drug production and trafficking, including their organizations, their leadership (including principal executive officers or other corporate officers, if applicable), and those who provide support to any sanctioned person or the underpinning drug-related activities or transactions. Targets also may include those who knowingly receive property or an interest in property derived from illicit drug proceeds or used to facilitate illicit drug trade. Asset-blocking sanctions are one of several sanctions options that may be applied to targeted persons, pursuant to E.O. 14059 and the FSA (see discussions below on financial sanctions and procurement ban). Financial Sanctions In addition to asset-blocking sanctions, the FSA and E.O. 14059 authorize the imposition of other financial sanctions on persons linked to foreign opioid trafficking or the international proliferation of illicit drugs. Such additional sanctions, administered by the Secretary of the Treasury, may include prohibitions on certain banking transfers of credit or payment, the making of loans or provision of credit by U.S. financial institutions, certain transactions in foreign exchange, and investment in equity or debt associated with a targeted person. Targeted foreign financial institutions may be prohibited from being designated as a primary dealer in U.S. government debt instruments and may not serve as an agent of the U.S. government or a repository of U.S. government funds. Procurement Ban The FSA and E.O. 14059 also prohibit the U.S. government from procuring or entering into a contract for the procurement of any goods and services from a sanctioned person. US. Visa Den ial and Entry Restrictions Drug trafficking and drug trafficking-related crimes have long been among the criminal grounds for ineligibility for U.S. visas and admission into the United States, pursuant to Section 212(a)(2) of the Immigration and Nationality Act of 1952 (INA; 8 U.S.C. §1 182(a)(2)). Individuals designated for asset-blocking sanctions under E.O. 12978, E.O. 14059, or the Kingpin Act are also specifically subject to U.S. entry restrictions and U.S. visa denials.

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