International Trade Law News

The Drug Enforcement Agency (DEA) today published in the Federal Register an interim final rule that will affect importers and exporters of List I and List II chemicals. List I and List II chemicals include a number of chemicals commonly used by industry, but can also be used to produce controlled substances and illegal drugs, such as methamphetamine. The regulation was issued to implement section 716 of the Combat Methamphetamine Epidemic Act (CMEA) of 2005 (21 U.S.C. 971, as amended), which was enacted on March 9, 2006.

DEA is amending its regulations to require additional reporting for import, export and international transactions involving all List I and List II chemicals. Specifically, the new regulation requires importers, exporters, brokers and traders to provide certain advance information to DEA regarding their downstream customers.

In addition, DEA has announced that it will be revising the existing version of the Import/Export Declaration for List I and List II Chemicals (DEA Form 486) to confirm to the changes made by this regulation and other legislation that has been passed since the form was last revised in 1989. The new version of DEA Form 486 will soon be available on the DEA's Diversion Control Program website at www.deadiversion.usdoj.gov.

This interim final rule is effective on May 9, 2007. On that date, all U.S. importers and exporters of List I and List II chemicals must use the revised DEA Form 486 to provide the DEA with advance notice of their imports and exports of Class I and Class II chemicals.

April 12, 2007 UPDATE: The new version of DEA Form 486 and the associated instructions are now available on the DEA's website at the following link: www.deadiversion.usdoj.gov/21cfr_reports/chemicals/index.html.

Labels: DEA