S. 3080 — Nitazene Sanctions Act

This section states congressional findings that (1) 2-benzylbenzimidazole opioids (also known as nitazenes) are synthetic opioids first synthesized in the 1950s that are highly potent at the mu-opioid receptor, with some exceeding fentanyl's potency; (2) unlike opium, they can be produced anywhere using often-uncontrolled, widely available precursor chemicals; (3) chemical companies in the People's Republic of China can synthesize their precursors at scale via a 3- or 4-step process; and (4) Mexican cartels could obtain them from Chinese suppliers for trafficking into the United States, per Drug Enforcement Administration warnings.

This section directs the Secretary of State and the Attorney General to jointly submit to the specified congressional committees, not later than 120 days after enactment, an unclassified report (with a possible classified annex) that includes (1) a description of the role of the People's Republic of China and its financial institutions in producing 2-benzylbenzimidazole opioid precursors; (2) a plan for U.S. government steps to work with China to reduce production of such precursors; and (3) a strategy to work with European allies to combat the flow of 2-benzylbenzimidazole opioids from China. The appropriate committees of Congress are the Senate Committees on Foreign Relations and the Judiciary and the House Committees on Foreign Affairs and the Judiciary.

This section amends the definition of "opioid trafficking" in the Fentanyl Sanctions Act to explicitly include 2-benzylbenzimidazole opioids (i.e., nitazenes) as follows: (1) in subclause (A)(i), adds them as a specified category of synthetic opioids alongside other controlled substances and listed chemicals that are synthetic opioids; and (2) in subclause (A)(ii), includes active pharmaceutical ingredients or chemicals used in their production alongside those used in other controlled substances that are synthetic opioids. (Thus, the President may determine foreign persons involved in nitazene trafficking to be foreign opioid traffickers subject to sanctions.)

This section revises the definition of "foreign opioid trafficker" in the Fentanyl Sanctions Act (21 U.S.C. 2302) to retain the existing meaning of any foreign person the President determines plays a significant role in opioid trafficking and to add that it includes (1) any entity of the People's Republic of China (PRC) that the President determines produces, manufactures, distributes, sells, or knowingly finances or transports synthetic opioids or their precursors and fails to take credible steps (e.g., know-your-customer procedures or cooperation with U.S. counternarcotics efforts) to detect or prevent such trafficking; and (2) any senior official of the PRC government or other PRC political official with significant regulatory or law enforcement responsibilities over such an entity who aids and abets the trafficking, including through intentional inaction. It also amends the required assessment of certain PRC entities (21 U.S.C. 2311(a)(1)(A)) to include whether the heads of the National Narcotics Control Commission, Ministry of Public Security, General Administration of Customs, and National Medical Products Administration are foreign opioid traffickers.

This section designates the existing requirement to impose five or more sanctions (four or more for individuals) described in section 2313 on foreign opioid traffickers and related persons as subsection (a) and adds subsection (b) authorizing the President to impose one or more sanctions described in section 7213 on political subdivisions, agencies, or instrumentalities of foreign governments—including financial institutions owned or controlled by foreign governments—that the President determines have knowingly, on or after enactment of the Nitazene Sanctions Act, (1) engaged in significant activity or a significant financial transaction materially contributing to opioid trafficking, (2) provided support for industries involved in developing precursors for synthetic opioids, or (3) provided support for transporting such precursors. (As background, the Fentanyl Sanctions Act combats opioid trafficking, including fentanyl, by mandating sanctions on designated foreign traffickers and related entities or individuals.)