No CRS summary available for this bill.
This section establishes definitions for terms used in the Act, including (1) incorporating the meanings of "admission," "admitted," "alien," "lawfully admitted for permanent residence," and "national" from section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101); (2) "foreign person" as a person that is not a United States person; (3) "knowingly" and "knows," with respect to conduct, a circumstance, or a result, as having actual knowledge, or should have known, of the conduct, circumstance, or result; and (4) "United States person" as (A) a United States citizen or an alien lawfully admitted for permanent residence; (B) an entity organized under the laws of the United States or any jurisdiction within the United States (including any foreign branch of such entity); or (C) any person in the United States.
This section amends public reporting requirements under the Fentanyl Sanctions Act (21 U.S.C. 2311(a)) by (1) requiring the President, when preparing the report identifying foreign opioid traffickers, to prioritize persons of the People's Republic of China (i.e., citizens, nationals, entities organized under PRC laws, or entities subject to PRC government jurisdiction) involved in shipping fentanyl, fentanyl analogues or precursors, pre-precursors, or manufacturing equipment—including by pharmaceutical producers or their agents—to Mexico or other countries producing fentanyl trafficked into the U.S., continuing such prioritization until the PRC is no longer the primary source and the President certifies as much to congressional committees; and (2) extending the final reporting date in subsection (c) to December 31, 2030 (from five years after enactment).
This section authorizes the President, on and after 180 days after enactment, to impose blocking sanctions under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)—prohibiting all transactions in a foreign person's property or interests in property within U.S. jurisdiction—against any foreign person determined to have (1) engaged in, or attempted, activities or transactions in the People's Republic of China (PRC), including Hong Kong and Macau, or with respect to persons domiciled in, organized under the laws of, or principally doing business in such jurisdictions, that contribute or pose a significant risk of contributing to the international proliferation of illicit synthetic narcotics or their means of production; (2) knowingly or recklessly received proceeds from, or property used to commit or facilitate, such activities; (3) owned or operated a PRC port or ship that knowingly or recklessly facilitates shipment of such narcotics or precursors (including via improper customs labeling); (4) been a PRC entity that knowingly or recklessly produces and sells such precursors to proliferators; (5) operated a PRC online marketplace that knowingly or recklessly facilitates sales, exchanges, shipments, or payments for such narcotics; (6) been a covered PRC government entity; (7) been a PRC entity that knowingly or recklessly provides material support related to such narcotics to a covered PRC government entity; (8) established an entity to evade such sanctions; or (9) acted for or on behalf of persons meeting criteria (1)-(8). Sanctions do not apply to the importation of goods (i.e., articles, substances, materials, supplies, or products, excluding technical data) or to U.S. intelligence activities under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.) or authorized law enforcement activities, with IEEPA civil and criminal penalties applying to violations. This section further requires the President to determine, within 120 days of a request from appropriate congressional committees, whether a foreign person meets the criteria and to report the determination, including whether sanctions were or will be imposed, to the requesting committees.
This section requires U.S. sanctions under the Foreign Narcotics Kingpin Designation Act (Kingpin Act)—which block property of and prohibit transactions by U.S. persons with designated foreign narcotics kingpins and organizations—imposed on eight specified Mexican cartels to remain in effect. The cartels are (1) the Sinaloa Cartel, (2) the Jalisco New Generation Cartel, (3) the Gulf Cartel, (4) the Los Zetas Cartel, (5) the Juarez Cartel, (6) the Tijuana Cartel, (7) the Beltran-Leyva Cartel, and (8) La Familia Michoacana. The President may terminate sanctions on any such cartel upon notifying the appropriate congressional committees—the Senate Committees on Foreign Relations and Banking, Housing, and Urban Affairs and the House Committees on Foreign Affairs and Financial Services—that the cartel has ceased the activities that were the basis for the sanctions.
This section authorizes the President to impose sanctions on any foreign person determined to have materially contributed to international illicit drug trafficking or their means of production, knowingly received related proceeds or property, or to be a leader or official of such a person. Sanctions may include (1) blocking all property and interests in property subject to U.S. jurisdiction; (2) prohibiting U.S.-jurisdiction banking transfers or payments; (3) barring loans or credit from U.S. financial institutions; (4) prohibiting U.S.-jurisdiction foreign exchange transactions; (5) prohibiting U.S. persons from investing in or purchasing significant equity or debt of the sanctioned person; (6) for financial institutions, prohibiting designation as a primary dealer in U.S. government debt or service as a U.S. government funds repository; (7) banning U.S. government procurement; (8) denying visas to and barring entry of corporate leaders, officials, executives, directors, or controlling shareholders; and (9) applying the above to principal executive officers. This section further renders certain sanctioned aliens inadmissible to the U.S., ineligible for visas or parole, and subject to immediate visa revocation (with exceptions for U.S. national security or law enforcement interests); authorizes implementation under the International Emergency Economic Powers Act; and terminates sanctions 6 years after imposition unless the President certifies to Congress at least 30 days prior that continuation is vital to U.S. national security.