Page:United States Statutes at Large Volume 107 Part 3.djvu/396

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107 STAT. 2334 PUBLIC LAW 103-200—DEC. 17, 1993 "(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 (21 U.S.C. 301 et seq^) unless— "(IXaa) the drug contains ephedrine or its salts, ^^ optical isomers, or salts of optical isomers as the only active medicinal ingredient or contains ephedrine or its salts, optical isomers, or scdts of oj^tical isomers and therapeutically insignificant quantities of another active medicinal ingredient; or

    • (bb) the Attorney General has determined under

section 204 that the drug or group of drugs is being diverted to obtain the listed chemical for use in the .- ;,' illicit production of a controlled substance; and

    • (II) the quantity of ephedrine or other listed

chemical contained in the drug included in the transaction or multiple transactions equals or exceeds the ^ />. threshold established for that chemical by the Attorney General."; and (D) in clause (v), by striking the semicolon and inserting "which the Attorney General has by regulation designated as exempt from the application of this title and title III based on a finding that the mixture is formulated in such a way that it cannot be easily used in the illicit production of a controlled substance and that the listed .. ^ chemical or chemicals contained in the mixture cannot be readily recovered;"; (7) in paragraph (40), by striking 'listed precursor chemical or a listed essential chemical" each place it appears and inserting 'list I chemical or a list II chemical"; and (8) by adding at the end the following new paragraphs: "(42) The term 'international transaction' means a transaction involving the shipment of a listed chemical across an international border (other than a United States border) in which a broker or trader located in the United States participates. "(43) The terms 'broker' and trader* mean a person that assists in arranging an international transaction in a Usted chemical by— (A) negotiating contracts; "(B) serving as an agent or intermediary; or "(C) bringing togeuier a buyer and seller, a buyer and transporter, or a seller and transporter.", (b) REMOVAL OF EXEMPTION OF CERTAIN DRUGS. — t (1) PROCEDURE. — Part B of the Controlled Substances Act (21 U.S.C. 811 et seq.) is amended by adding at the end the following new section: " R EMOVAL OF EXEMPTION OF CERTAIN DRUGS Reguktions. "SEC. 204. (a) REMOVAL OF EXEMPTION. —The Attorney General 21 USC 814. shall by regulation remove from exemption under section 102(39XAXiv) a drug or group of drugs that the Attorney General finds is being diverted to obtain a listed chemical for use in the illicit production of a controlled substance. "(D) FACTORS TO BE CONSIDERED.— In removing a drug or group of drugs from exemption under subsection (a), the Attorney General shall consider, with respect to a drug or group of drugs that is proposed to be removed from exemption— "(1) the scope, duration, and significance of the diversion;