The Chemical Diversion and Trafficking Act of 1988 was an amendment to the

Controlled Substances Act The Controlled Substances Act (CSA) is the statute establishing federal government of the United States, federal drug policy of the United States, U.S. drug policy under which the manufacture, importation, possession, use, and distribution of ...

to regulate

precursor Precursor or Precursors may refer to: * Precursor (religion), a forerunner, predecessor ** The Precursor, John the Baptist Science and technology * Precursor (bird), a hypothesized genus of fossil birds that was composed of fossilized parts of u ...

chemicals, essential chemicals, tableting machines, and encapsulating machines by imposing record keeping and import/export reporting requirements on transactions involving these materials. Prior to these restrictions being put in place, the U.S. had been the primary source of chemicals used in

South America South America is a continent entirely in the Western Hemisphere and mostly in the Southern Hemisphere, with a relatively small portion in the Northern Hemisphere at the northern tip of the continent. It can also be described as the southe ...

n cocaine manufacture. According to the DEA, the Act sharply reduced these precursor exports and cocaine manufacturers responded by purchasing from chemical suppliers outside the U.S. The U.S. in turn successfully lobbied for inclusion of chemical controls in the 1988

United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances The United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988 is one of three major drug control treaties currently in force. It provides additional legal mechanisms for enforcing the 1961 Single Con ...

, which included two Tables of controlled precursors.

Provisions of the Act

Short Title

The subtitle is cited as the Chemical Diversion and Trafficking Act of 1988.

Regulation of Listed Chemicals and Certain Machines

:Controlled Substances Act is amended — ::(a) (1) Each regulated person who engages in a regulated transaction involving a listed chemical, a

tableting Tableting is a method of pressing medicine or candy into tablets. Confectionery manufacture shares many similarities with pharmaceutical A medication (also called medicament, medicine, pharmaceutical drug, medicinal drug or simply drug) ...

machine, or an encapsulating machine shall keep a record of the transaction — ::::(A) For 4 years after the date of the transaction, if the listed chemical is a

precursor chemical In chemistry, a precursor is a compound that participates in a chemical reaction that produces another compound. In biochemistry, the term "precursor" often refers more specifically to a chemical compound preceding another in a metabolic pathway, ...

or if the transaction involves a tableting machine or an encapsulating machine. ::::(B) For 2 years after the date of the transaction, if the listed chemical is an essential chemical. :::(2) A record shall be retrievable and shall include the date of the regulated transaction, the identity of each party to the regulated transaction, a statement of the quantity and form of the listed chemical, a description of the tableting machine or encapsulating machine, and a description of the method of transfer. Such record shall be available for inspection and copying by the

Attorney General In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have exec ...

. :::(3) It is the duty of each regulated person who engages in a regulated transaction to identify each other party to the transaction. It is the duty of such other party to present

proof of identity An identity document (also called ID or colloquially as papers) is any document that may be used to prove a person's identity. If issued in a small, standard credit card size form, it is usually called an identity card (IC, ID card, citizen ca ...

to the regulated person. The Attorney General shall specify by regulation the types of documents and other evidence that constitute proof of identity for purposes of this Act. ::(b) Each regulated person shall report to the Attorney General, in such form and manner as the Attorney General shall prescribe by regulation — :::(1) any regulated transaction involving an extraordinary quantity of a listed chemical, an uncommon method of payment or delivery, or any other circumstance that the regulated person believes may indicate that the listed chemical will be used in violation of this title :::(2) any proposed regulated transaction with a person whose description or other identifying characteristic the Attorney General furnishes in advance to the regulated person :::(3) any unusual or excessive loss or disappearance of a listed chemical under the control of the regulated person :::(4) any regulated transaction in a tableting machine or an encapsulating machine ::Each report shall be made at the earliest practicable opportunity after the regulated person becomes aware of the circumstance involved. A regulated person may not complete a transaction with a person whose description or identifying characteristic is furnished to the regulated person unless the transaction is approved by the Attorney General. The Attorney General shall make available to regulated persons guidance documents describing transactions and circumstances for which reports are required by this Act. ::(c) (1) Except as provided, any information obtained by the Attorney General under this section which is exempt from disclosure under Title 5, United States Code, by reason of such title, is confidential and may not be disclosed to any person. :::(2) Information referred to a regulated transaction involving a listed chemical, a tableting machine, or an encapsulating machine may be disclosed only — ::::(A) To an officer or employee of the United States engaged in carrying out this title, Title III, or the customs laws ::::(B) When relevant in any investigation or proceeding for the enforcement of this title, Title III, or the customs laws ::::(C) when necessary to comply with an obligation of the United States under a treaty or other international agreement ::::(D) to a State or local official or employee in conjunction with the enforcement of controlled substances laws or precursor chemical laws. :::(3) The Attorney General shall — ::::(A) take such action as may be necessary to prevent unauthorized disclosure of information by any person to whom such information is disclosed under this Act ::::(B) issue guidelines that limit, to the maximum extent feasible, the disclosure of proprietary business information, including the names or identities of United States exporters of listed chemicals, to any person to whom such information is disclosed under this Act :::(4) Any person who is aggrieved by a disclosure of information in violation of this section may bring a civil action against the violator for appropriate relief. :::(5) Notwithstanding, a civil action may not be brought against investigative or law enforcement personnel of the

Drug Enforcement Administration The Drug Enforcement Administration (DEA; ) is a Federal law enforcement in the United States, United States federal law enforcement agency under the U.S. Department of Justice tasked with combating drug trafficking and distribution within th ...

Notification, Suspension of Shipment, and Penalties with Respect to Importation and Exportation of Listed Chemicals

:(a) IN GENERAL — Controlled Substances Import and Export Act is amended ::(a) Each regulated person who imports or exports a listed chemical shall notify the Attorney General of the importation or exportation not later than 15 days before the transaction is to take place. ::(b) (1) Attorney General shall provide by regulation for circumstances in which the requirement does not apply to a transaction between a regulated person and a regular customer or regular supplier of the regulated person. At the time of any importation or exportation constituting a transaction referred to in the preceding sentence, the regulated person shall notify the Attorney General of the transaction. :::(2) Regulations under this subsection shall provide that the initial notification with respect to a customer or supplier of a regulated person shall, upon the expiration of the 15-day period, qualify the customer as a regular customer or regular supplier, unless the Attorney General otherwise notifies the regulated person in writing. ::(c) (1) Attorney General may order the suspension of any Commerce and importation or exportation of a listed chemical or may disqualify any regular customer or regular supplier on the ground that the chemical may be diverted to the clandestine manufacture of a controlled substance. From and after the time when the Attorney General provides written notice of the order (including a statement of the legal and factual basis for the order) to the regulated person, the regulated person may not carry out the transaction. :::(2) Upon written request to the Attorney General, a regulated person to whom an order applies is entitled to an agency hearing on the record in accordance with subchapter II of chapter 5 of Title 5, United States Code. The hearing shall be held on an expedited basis and not later than 45 days after the request is made, except that the hearing may be held at a later time, if so requested by the regulated person. :(b) EFFECTIVE DATES AND SPECIAL RULES — ::(1) Not later than 45, days after the date of the enactment of this Act, the Attorney General shall forward to the Director of the

Office of Management and Budget The Office of Management and Budget (OMB) is the largest office within the Executive Office of the President of the United States (EOP). OMB's most prominent function is to produce the president's budget, but it also examines agency programs, pol ...

proposed regulations required by the amendment. ::(2) Not later than 55 days after the date of the enactment of this Act, the Director of the Office of Management and Budget shall — :::(A) review such proposed regulations of the Attorney General :::(B) forward any comments and recommendations for modifications to the Attorney General. ::(3) Not later than 60 days after the date of the enactment of this Act, the Attorney General shall publish the proposed final regulations required by the amendment. ::(4) Not later than 120 days after the date of the enactment of this Act, the Attorney General shall promulgate final regulations required by the amendment. ::(5) Section 1018 of the Controlled Substances Import and Export Act shall take effect 90 days after the promulgation of the final regulations. ::(6) Each regulated person shall provide to the Attorney General the identity of any regular customer or regular supplier of the regulated person not later than 30 days after the promulgation of the final regulations. Not later than 60 days after the end of such 30-day period, each regular customer and regular supplier so identified shall be a regular customer or regular supplier for purposes of any applicable exception from the requirement unless the Attorney General otherwise notifies the regulated person in writing. :(c) PENALTY FOR IMPORTATION OR EXPORTATION — ::Controlled Substances Import and Export Act is amended — :::(d) Any person who knowingly or intentionally — ::::(1) imports or exports a listed chemical with intent to manufacture a controlled substance in violation of this title or, in the case of an exportation, in violation of the law of the country to which the chemical is exported. ::::(2) imports or exports a listed chemical knowing, or having reasonable cause to believe, that the listed chemical will be used to manufacture a controlled substance in violation of this title or, in the case of an exportation, in violation of the law of the country to which the chemical is exported shall be fined in accordance with Title 18, United States Code, or imprisoned not more than 10 years, or both.

Definitions

:Controlled Substances Act is amended — ::The term 'listed precursor chemical' means a chemical specified by regulation of the Attorney General as a chemical that is used in manufacturing a controlled substance in violation of this title and is critical to the creation of the controlled substances, and such term includes (until otherwise specified by regulation of the Attorney General, as considered appropriate by the Attorney General or upon petition to the Attorney General by any person) the following: :::(A)

Anthranilic acid Anthranilic acid is an aromatic acid with the formula C6H4(NH2)(CO2H) and has a sweetish taste. The molecule consists of a benzene ring, ''ortho''-substituted with a carboxylic acid and an amine. As a result of containing both acidic and basic f ...

and its salts :::(B)

Benzyl cyanide Benzyl cyanide (abbreviated BnCN) is an organic compound with the chemical formula C6H5CH2CN. This colorless oily aromatic liquid is an important precursor to numerous compounds in organic chemistry. Preparation Benzyl cyanide can be produced via ...

:::(C)

Ephedrine Ephedrine is a central nervous system (CNS) stimulant that is often used to prevent low blood pressure during anesthesia. It has also been used for asthma, narcolepsy, and obesity but is not the preferred treatment. It is of unclear benefit in ...

, its salts, optical isomers, and salts of optical isomers :::(D)

Ergonovine Ergometrine, also known as ergonovine and sold under the brand names Ergotrate, Ergostat, and Syntometrine among others, is a medication used to cause contractions of the uterus to treat heavy vaginal bleeding after childbirth. It can be used ei ...

and its salts :::(E)

Ergotamine Ergotamine, sold under the brand names Cafergot (with caffeine) and Ergomar among others, is an ergopeptine and part of the ergot family of alkaloids; it is structurally and biochemically closely related to ergoline. It possesses structural simil ...

and its salts :::(F) N-Acetylanthranilic acid and its salts :::(G)

Norpseudoephedrine Norpseudoephedrine may refer to: * Cathine (or D-norpseudoephedrine), the (+)-enantiomer and most widely known form of the compound * L-Norpseudoephedrine, the (-)-enantiomer of the compound An article for the racemic mixture of the compoun ...

, its salts, optical isomers, and salts of optical isomers :::(H)

Phenylacetic acid Phenylacetic acid (PAA; conjugate base phenylacetate), also known by various synonyms, is an organic compound containing a phenyl functional group and a carboxylic acid functional group. It is a white solid with a strong honey-like odor. Endogen ...

and its salts :::(I)

Phenylpropanolamine Phenylpropanolamine (PPA) is a sympathomimetic agent which is used as a decongestant and appetite suppressant. It was commonly used in prescription and over-the-counter cough and cold preparations. In veterinary medicine, it is used to contr ...

, its salts, optical isomers, and salts of optical isomers :::(J)

Piperidine Piperidine is an organic compound with the molecular formula (CH2)5NH. This heterocyclic compound, heterocyclic amine consists of a six-membered ring containing five methylene bridges (–CH2–) and one amine bridge (–NH–). It is a colorless ...

and its salts :::(K)

Pseudoephedrine Pseudoephedrine (PSE) is a sympathomimetic drug of the phenethylamine and amphetamine chemical classes. It may be used as a nasal/sinus decongestant, as a stimulant, or as a wakefulness-promoting agent in higher doses. It was first characteri ...

, its salts, optical isomers, and salts of optical isomers :::(L) 3,4-Methylenedioxyphenyl-2-propanone ::The term 'listed essential chemical' means a chemical specified by regulation of the Attorney General as a chemical that is used as a

solvent A solvent (s) (from the Latin '' solvō'', "loosen, untie, solve") is a substance that dissolves a solute, resulting in a solution. A solvent is usually a liquid but can also be a solid, a gas, or a supercritical fluid. Water is a solvent for ...

reagent In chemistry, a reagent ( ) or analytical reagent is a substance or compound added to a system to cause a chemical reaction, or test if one occurs. The terms ''reactant'' and ''reagent'' are often used interchangeably, but reactant specifies a ...

, or

catalyst Catalysis () is the process of increasing the rate of a chemical reaction by adding a substance known as a catalyst (). Catalysts are not consumed in the reaction and remain unchanged after it. If the reaction is rapid and the catalyst recyc ...

in manufacturing a controlled substance in violation of this title, and such term includes (until otherwise specified by regulation of the Attorney General, as considered appropriate by the Attorney General or upon petition to the Attorney General by any person) the following chemicals: :::(A)

Acetic anhydride Acetic anhydride, or ethanoic anhydride, is the chemical compound with the formula (CH3CO)2O. Commonly abbreviated Ac2O, it is the simplest isolable anhydride of a carboxylic acid and is widely used as a reagent in organic synthesis. It is a col ...

:::(B)

Acetone Acetone (2-propanone or dimethyl ketone), is an organic compound with the formula . It is the simplest and smallest ketone (). It is a colorless, highly volatile and flammable liquid with a characteristic pungent odour. Acetone is miscib ...

:::(C)

Benzyl chloride Benzyl chloride, or α-chlorotoluene, is an organic compound with the formula C6H5CH2Cl. This colorless liquid is a reactive organochlorine compound that is a widely used chemical building block. Preparation Benzyl chloride is prepared indust ...

:::(D)

Ethyl ether Diethyl ether, or simply ether, is an organic compound in the ether class with the formula , sometimes abbreviated as (see Pseudoelement symbols). It is a colourless, highly volatile, sweet-smelling ("ethereal odour"), extremely flammable liq ...

:::(E)

Hydriodic acid Hydroiodic acid (or hydriodic acid) is an aqueous solution of hydrogen iodide (HI). It is a strong acid, one that is ionized completely in an aqueous solution. It is colorless. Concentrated solutions are usually 48% to 57% HI. Reactions Hy ...

:::(F)

Potassium permanganate Potassium permanganate is an inorganic compound with the chemical formula KMnO4. It is a purplish-black crystalline salt, that dissolves in water as K+ and , an intensely pink to purple solution. Potassium permanganate is widely used in the c ...

:::(G) 2-Butanone :::(H)

Toluene Toluene (), also known as toluol (), is a substituted aromatic hydrocarbon. It is a colorless, water-insoluble liquid with the smell associated with paint thinners. It is a mono-substituted benzene derivative, consisting of a methyl group (CH3) at ...

::The term 'regular customer' means, with respect to a regulated person, a customer with whom the regulated person has an established business relationship that is reported to the Attorney General. ::The term 'regular supplier' means, with respect to a regulated person, a supplier with whom the regulated person has an established business relationship that is reported to the Attorney General. ::The term 'regulated person' means a person who manufactures, distributes, imports, or exports a listed chemical, a tableting machine, or an encapsulating machine. ::The term 'regulated transaction' means — :::(A) a distribution, receipt, sale, importation or exportation of a threshold amount, including a cumulative threshold amount for multiple transactions (as determined by the Attorney General, in consultation with the chemical industry and taking into consideration the quantities normally used for lawful purposes), of a listed chemical, except that such term does not include — ::::(I) a domestic lawful distribution in the usual course of business between agents or employees of a single regulated person ::::(II) a delivery of a listed chemical to or by a common or contract carrier for carriage in the lawful and usual course of the business of the common or contract carrier, or to or by a

warehouseman A warehouseman can be someone who works in a warehouse, usually delivering goods for sale or storage, or, in older usage, someone who owns a warehouse and sells goods directly from it or from a shop fronting onto the warehouse (similar to a modern ...

for storage in the lawful and usual course of the business of the warehouseman, except that if the carriage or storage is in connection with the distribution, importation, or exportation of a listed chemical to a third person, this clause does not relieve a distributor, importer, or exporter from compliance with section 310. ::::(III) any category of transaction specified by regulation of the Attorney General (as excluded from this definition as unnecessary for enforcement of this title or Title III) ::::(IV) any transaction in a listed chemical that is contained in a drug that may be marketed or distributed lawfully in the United States under the

Federal Food, Drug, and Cosmetic Act The United States Federal Food, Drug, and Cosmetic Act (abbreviated as FFDCA, FDCA, or FD&C) is a set of laws passed by the United States Congress in 1938 giving authority to the U.S. Food and Drug Administration (FDA) to oversee the safety of f ...

::::(V) any transaction in a chemical mixture :::(B) a distribution, importation, or exportation of a tableting machine or encapsulating machine ::The term 'chemical mixture' means a combination of two or more chemical substances, at least one of which is not a listed precursor chemical or a listed essential chemical, except that such term does not include any combination of a listed precursor chemical or a listed essential chemical with another chemical that is present solely as an impurity.

Chemical Diversion Control Program

:Controlled Substances Act is amended — ::The Attorney General shall maintain an active program, both domestic and international, to curtail the diversion of precursor chemicals and essential chemicals used in the illicit manufacture of controlled substances.

References

* * {{cite web , url=http://www.gao.gov/assets/80/78104.pdf , title=Drug Control:Implementation of the Chemical Diversion and Trafficking Act of 1988 , date=April 3, 1991 , website=U.S. GAO ~ GGD-91-56BR , publisher=U.S. Government Accountability Office , oclc=25035561
U.S. Chemical Control
DEA. 1988 in law 100th United States Congress United States federal health legislation Health policy in the United States United States federal controlled substances legislation