Page:United States Statutes at Large Volume 120.djvu/299

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[120 STAT. 268]
PUBLIC LAW 109-000—MMMM. DD, 2006
[120 STAT. 268]

120 STAT. 268

Deadline. Federal Register, publication. Notice.

PUBLIC LAW 109–177—MAR. 9, 2006

(1) (which person is referred to in this subsection as a ‘foreignchain distributor’), request that such distributor provide to the Attorney General information known to the distributor on the distribution of the chemical, including sales. ‘‘(3) If the Attorney General determines that a foreign-chain distributor is refusing to cooperate with the Attorney General in obtaining the information referred to in paragraph (2), the Attorney General may, in accordance with procedures that apply under subsection (c), issue an order prohibiting the importation of ephedrine, pseudoephedrine, or phenylpropanolamine in any case in which such distributor is part of the chain of distribution for such chemical. Not later than 60 days prior to issuing the order, the Attorney General shall publish in the Federal Register a notice of intent to issue the order. During such 60-day period, imports of the chemical with respect to such distributor may not be restricted under this paragraph.’’. SEC. 722. REQUIREMENTS RELATING TO THE LARGEST EXPORTING AND IMPORTING COUNTRIES OF CERTAIN PRECURSOR CHEMICALS.

(a) REPORTING REQUIREMENTS.—Section 489(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291h(a)) is amended by adding at the end the following new paragraph: ‘‘(8)(A) A separate section that contains the following: ‘‘(i) An identification of the five countries that exported the largest amount of pseudoephedrine, ephedrine, and phenylpropanolamine (including the salts, optical isomers, or salts of optical isomers of such chemicals, and also including any products or substances containing such chemicals) during the preceding calendar year. ‘‘(ii) An identification of the five countries that imported the largest amount of the chemicals described in clause (i) during the preceding calendar year and have the highest rate of diversion of such chemicals for use in the illicit production of methamphetamine (either in that country or in another country). ‘‘(iii) An economic analysis of the total worldwide production of the chemicals described in clause (i) as compared to the legitimate demand for such chemicals worldwide. ‘‘(B) The identification of countries that imported the largest amount of chemicals under subparagraph (A)(ii) shall be based on the following: ‘‘(i) An economic analysis that estimates the legitimate demand for such chemicals in such countries as compared to the actual or estimated amount of such chemicals that is imported into such countries. ‘‘(ii) The best available data and other information regarding the production of methamphetamine in such countries and the diversion of such chemicals for use in the production of methamphetamine.’’. (b) ANNUAL CERTIFICATION PROCEDURES.—Section 490(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291j(a)) is amended— (1) in paragraph (1), by striking ‘‘major illicit drug producing country or major drug-transit country’’ and inserting ‘‘major illicit drug producing country, major drug-transit

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