Section 1 Short title
This Act may be cited as the “Nitazene Sanctions Act”.
Nitazene Sanctions Act
A BILL
To amend the Fentanyl Sanctions Act to address nitazene trafficking and to impose sanctions with respect to entities of the People's Republic of China and foreign governments engaged in or contributing to opioid trafficking, and for other purposes.
Sec. 2 Findings
Congress makes the following findings:
2-Benzylbenzimidazole opioids (also known as nitazenes) are a class of synthetic opioids first synthesized in the 1950s that exhibit significant potency at the mu-opioid receptor, with some substances exceeding the potency of fentanyl.
Unlike opium, 2-benzylbenzimidazole opioids and other synthetic opioids can be produced anywhere in the world using precursor chemicals that are often uncontrolled and widely available.
Chemical manufacturing companies in the People’s Republic of China can synthesize 2-benzylbenzimidazole opioid precursors at a scale using a comparatively easy 3- or 4-step process.
The Drug Enforcement Administration has warned that Mexican cartels could use their existing relations with suppliers based in the People’s Republic of China to obtain 2-benzylbenzimidazole opioids and funnel them into the United States.
Sec. 3 Strategy to combat production and flow of nitazene
In general— Not later than 120 days after the date of the enactment of this Act, the Secretary of State and the Attorney General shall jointly submit to the appropriate committees of Congress a report that includes—
a description of the role of the People's Republic of China, and of financial institutions in the People's Republic of China, in the production of 2-benzylbenzimidazole opioid precursors;
a plan for steps to be taken by the United States Government to work with the People's Republic of China to reduce the production of such precursors in the People's Republic of China; and
a strategy to work with allies in Europe to combat the flow of 2-benzylbenzimidazole opioids from the People's Republic of China.
Form— The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.
Appropriate committees of Congress defined— In this section, the term appropriate committees of Congress means—
the Committee on Foreign Relations and the Committee on the Judiciary of the Senate; and
the Committee on Foreign Affairs and the Committee on the Judiciary of the House of Representatives.
Sec. 4 Inclusion of nitazene in Fentanyl Sanctions Act
Section 7203(8)(A) of the Fentanyl Sanctions Act (21 U.S.C. 2302(8)(A)) is amended—
in clause (i), by striking “controlled substances that are synthetic opioids” and inserting “2-benzylbenzimidazole opioids, other controlled substances that are synthetic opioids,”; and
in clause (ii), by striking “controlled substances” and inserting “2-benzylbenzimidazole opioids and other controlled substances”.
Sec. 5 Designation of certain entities of the People's Republic of China as foreign opioid traffickers under Fentanyl Sanctions Act
by striking “The term “foreign opioid trafficker” means any foreign person” and inserting the following:
“(A) means any foreign person”
by striking the period at the end and inserting “; and”; and
by adding at the end the following:
“(B) includes—
“(i) any entity of the People’s Republic of China that the President determines—
“(I) produces, manufactures, distributes, sells, or knowingly finances or transports any goods described in clause (i) or (ii) of paragraph (8)(A); and
“(II) fails to take credible steps, including through implementation of appropriate know-your-customer procedures or through cooperation with United States counternarcotics efforts, to detect or prevent opioid trafficking; and
“(ii) any senior official of the Government of the People’s Republic of China or other political official of the People's Republic of China that—
“(I) has significant regulatory or law enforcement responsibilities with respect to the activities of an entity described in clause (i); and
“(II) aids and abets, including through intentional inaction, opioid trafficking.”
Assessment of certain agencies of the People's Republic of China as foreign opioid traffickers— Section 7211(a)(1)(A) of the Fentanyl Sanctions Act (21 U.S.C. 2311(a)(1)(A)) is amended by adding at the end before the semicolon the following: “, including whether the heads of the National Narcotics Control Commission, the Ministry of Public Security, the General Administration of Customs, and the National Medical Products Administration of the Government of the People’s Republic of China are foreign opioid traffickers”.
Sec. 6 Imposition of sanctions with respect to foreign governments contributing to opioid trafficking
Section 7212 of the Fentanyl Sanctions Act (21 U.S.C. 2312) is amended—
by striking “The President” and inserting the following:
“(a) Foreign opioid traffickers—The President”
by adding at the end the following:
“(b) Foreign governments—The President may impose one or more of the sanctions described in section 7213 with respect to each political subdivision, agency, or instrumentality of a foreign government, including any financial institution owned or controlled by a foreign government, that the President determines has knowingly on or after the date of the enactment of the Nitazene Sanctions Act—
“(1) engaged in a significant activity or a significant financial transaction that has materially contributed to opioid trafficking;
“(2) provided support for industries involved in the development of precursors for synthetic opioids; or
“(3) provided support for the transport of such precursors.”
Sec. 7 Extension of Fentanyl Sanctions Act
Section 7211(c) of the Fentanyl Sanctions Act (21 U.S.C. 2311(c)) is amended by striking “5 years” and inserting “10 years”.