{"identifier":"/us/usc/t21/s2302","title":21,"num":"\u00a7\u202f2302.","heading":"Definitions","text":"\u00a7\u202f2302.\nDefinitions\nIn this chapter:\n(1)\nAlien; national; national of the United States\nThe terms \u201calien\u201d, \u201cnational\u201d, and \u201cnational of the United States\u201d have the meanings given those terms in\nsection 1101 of title 8\n(2)\nAppropriate congressional committees and leadership\nThe term \u201cappropriate congressional committees and leadership\u201d means\u2014\n(A) the Committee on Appropriations, the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, the Select Committee on Intelligence, and the majority leader and the minority leader of the Senate; and\n(B) the Committee on Appropriations, the Committee on Armed Services, the Committee on Financial Services, the Committee on Foreign Affairs, the Committee on Homeland Security, the Committee on the Judiciary, the Committee on Oversight and Reform, the Permanent Select Committee on Intelligence, and the Speaker and the minority leader of the House of Representatives.\n(3)\nControlled substance; listed chemical\nThe terms \u201ccontrolled substance\u201d, \u201clisted chemical\u201d, \u201cnarcotic drug\u201d, and \u201copioid\u201d have the meanings given those terms in\nsection 802 of this title\n(4)\nEntity\nThe term \u201centity\u201d means a partnership, joint venture, association, corporation, organization, network, group, or subgroup, or any form of business collaboration.\n(5)\nForeign opioid trafficker\nThe term \u201cforeign opioid trafficker\u201d means\u2014\n(A) means\n1\n(B) may\n(i) any entity of the People\u2019s Republic of China that the President determines\u2014\n(I) produces, manufactures, distributes, sells, or knowingly finances or transports any goods described in clause (i) or (ii) of paragraph (8)(A); and\n(II) demonstrates a pattern of failing to take credible steps (including implementing appropriate know-your-customer procedures or cooperating with United States counternarcotics efforts) to detect or prevent opioid trafficking; and\n(ii) any senior official of the Government of the People\u2019s Republic of China that\u2014\n(I) has significant regulatory or law enforcement responsibilities with respect to the activities of an entity described in clause (i); and\n(II) aids and abets opioid trafficking.\n(6)\nForeign person\nThe term \u201cforeign person\u201d\u2014\n(A) means\u2014\n(i) any citizen or national of a foreign country; or\n(ii) any entity not organized under the laws of the United States or a jurisdiction within the United States; and\n(B) does not include the government of a foreign country.\n(7)\nKnowingly\nThe term \u201cknowingly\u201d, with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result.\n(8)\nOpioid trafficking\nThe term \u201copioid trafficking\u201d means any illicit activity\u2014\n(A) to produce, manufacture, distribute, sell, or knowingly finance or transport\u2014\n(i) synthetic opioids, including controlled substances that are synthetic opioids and listed chemicals that are synthetic opioids; or\n(ii) active pharmaceutical ingredients or chemicals that are used in the production of controlled substances that are synthetic opioids;\n(B) to attempt to carry out an activity described in subparagraph (A); or\n(C) to assist, abet, conspire, or collude with other persons to carry out such an activity.\n(9)\nPerson\nThe term \u201cperson\u201d means an individual or entity.\n(10)\nUnited States person\nThe term \u201cUnited States person\u201d means\u2014\n(A) any citizen or national of the United States;\n(B) any alien lawfully admitted for permanent residence in the United States;\n(C) any entity organized under the laws of the United States or any jurisdiction within the United States (including a foreign branch of such an entity); or\n(D) any person located in the United States.","url":"https://projectusc.org/usc/t21/s2302.html","content":[{"t":"sec","id":"/us/usc/t21/s2302","children":[{"t":"num","text":"\u00a7\u202f2302."},{"t":"heading","text":"Definitions","tail":"\n"},{"t":"chapeau","text":"In this chapter:"},{"t":"para","id":"/us/usc/t21/s2302/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Alien; national; national of the United States"},{"t":"content","children":[{"t":"p","text":"The terms \u201calien\u201d, \u201cnational\u201d, and \u201cnational of the United States\u201d have the meanings given those terms in ","children":[{"t":"ref","text":"section 1101 of title 8","href":"/us/usc/t8/s1101","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t21/s2302/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Appropriate congressional committees and leadership"},{"t":"chapeau","text":"The term \u201cappropriate congressional committees and leadership\u201d means\u2014"},{"t":"subpara","id":"/us/usc/t21/s2302/2/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" the Committee on Appropriations, the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, the Select Committee on Intelligence, and the majority leader and the minority leader of the Senate; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t21/s2302/2/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" the Committee on Appropriations, the Committee on Armed Services, the Committee on Financial Services, the Committee on Foreign Affairs, the Committee on Homeland Security, the Committee on the Judiciary, the Committee on Oversight and Reform, the Permanent Select Committee on Intelligence, and the Speaker and the minority leader of the House of Representatives.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t21/s2302/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Controlled substance; listed chemical"},{"t":"content","children":[{"t":"p","text":"The terms \u201ccontrolled substance\u201d, \u201clisted chemical\u201d, \u201cnarcotic drug\u201d, and \u201copioid\u201d have the meanings given those terms in ","children":[{"t":"ref","text":"section 802 of this title","href":"/us/usc/t21/s802","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t21/s2302/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Entity"},{"t":"content","children":[{"t":"p","text":"The term \u201centity\u201d means a partnership, joint venture, association, corporation, organization, network, group, or subgroup, or any form of business collaboration.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t21/s2302/5","children":[{"t":"num","text":"(5)"},{"t":"heading","text":"Foreign opioid trafficker"},{"t":"chapeau","text":"The term \u201cforeign opioid trafficker\u201d means\u2014\u202f","children":[{"t":"ref","text":"1"},{"t":"num","text":"1","tail":"\u202fSo in original."},{"t":"text","text":"\u202fSo in original."}]},{"t":"subpara","id":"/us/usc/t21/s2302/5/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" means\u202f","children":[{"t":"text","text":"1","tail":" any foreign person that the President determines plays a significant role in opioid trafficking; and"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t21/s2302/5/B","children":[{"t":"num","text":"(B)"},{"t":"chapeau","text":" may\u202f","children":[{"t":"text","text":"1","tail":" include\u2014"}]},{"t":"clause","id":"/us/usc/t21/s2302/5/B/i","children":[{"t":"num","text":"(i)"},{"t":"chapeau","text":" any entity of the People\u2019s Republic of China that the President determines\u2014"},{"t":"subclause","id":"/us/usc/t21/s2302/5/B/i/I","children":[{"t":"num","text":"(I)"},{"t":"content","text":" produces, manufactures, distributes, sells, or knowingly finances or transports any goods described in clause (i) or (ii) of paragraph (8)(A); and","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t21/s2302/5/B/i/II","children":[{"t":"num","text":"(II)"},{"t":"content","text":" demonstrates a pattern of failing to take credible steps (including implementing appropriate know-your-customer procedures or cooperating with United States counternarcotics efforts) to detect or prevent opioid trafficking; and","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t21/s2302/5/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"chapeau","text":" any senior official of the Government of the People\u2019s Republic of China that\u2014"},{"t":"subclause","id":"/us/usc/t21/s2302/5/B/ii/I","children":[{"t":"num","text":"(I)"},{"t":"content","text":" has significant regulatory or law enforcement responsibilities with respect to the activities of an entity described in clause (i); and","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t21/s2302/5/B/ii/II","children":[{"t":"num","text":"(II)"},{"t":"content","text":" aids and abets opioid trafficking.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t21/s2302/6","children":[{"t":"num","text":"(6)"},{"t":"heading","text":"Foreign person"},{"t":"chapeau","text":"The term \u201cforeign person\u201d\u2014"},{"t":"subpara","id":"/us/usc/t21/s2302/6/A","children":[{"t":"num","text":"(A)"},{"t":"chapeau","text":" means\u2014"},{"t":"clause","id":"/us/usc/t21/s2302/6/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" any citizen or national of a foreign country; or","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t21/s2302/6/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" any entity not organized under the laws of the United States or a jurisdiction within the United States; and","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t21/s2302/6/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" does not include the government of a foreign country.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t21/s2302/7","children":[{"t":"num","text":"(7)"},{"t":"heading","text":"Knowingly"},{"t":"content","children":[{"t":"p","text":"The term \u201cknowingly\u201d, with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t21/s2302/8","children":[{"t":"num","text":"(8)"},{"t":"heading","text":"Opioid trafficking"},{"t":"chapeau","text":"The term \u201copioid trafficking\u201d means any illicit activity\u2014"},{"t":"subpara","id":"/us/usc/t21/s2302/8/A","children":[{"t":"num","text":"(A)"},{"t":"chapeau","text":" to produce, manufacture, distribute, sell, or knowingly finance or transport\u2014"},{"t":"clause","id":"/us/usc/t21/s2302/8/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" synthetic opioids, including controlled substances that are synthetic opioids and listed chemicals that are synthetic opioids; or","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t21/s2302/8/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" active pharmaceutical ingredients or chemicals that are used in the production of controlled substances that are synthetic opioids;","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t21/s2302/8/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" to attempt to carry out an activity described in subparagraph (A); or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t21/s2302/8/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" to assist, abet, conspire, or collude with other persons to carry out such an activity.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t21/s2302/9","children":[{"t":"num","text":"(9)"},{"t":"heading","text":"Person"},{"t":"content","children":[{"t":"p","text":"The term \u201cperson\u201d means an individual or entity.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t21/s2302/10","children":[{"t":"num","text":"(10)"},{"t":"heading","text":"United States person"},{"t":"chapeau","text":"The term \u201cUnited States person\u201d means\u2014"},{"t":"subpara","id":"/us/usc/t21/s2302/10/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" any citizen or national of the United States;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t21/s2302/10/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" any alien lawfully admitted for permanent residence in the United States;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t21/s2302/10/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" any entity organized under the laws of the United States or any jurisdiction within the United States (including a foreign branch of such an entity); or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t21/s2302/10/D","children":[{"t":"num","text":"(D)"},{"t":"content","text":" any person located in the United States.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}