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Regulations &
Codified CSA > CFR > Section 1312 > Section 1312.23
Section 1312.23 Issuance of export permit.
This page includes changes
to the Code of Federal Regulations since April 1, 2007. View
Key.
(a) The Administrator may authorize exportation of any controlled substance listed in Schedule I
or II or any narcotic controlled substance listed in Schedule III or IV if he finds that such
exportation is permitted by subsections 1003(a), (b), (c), or
(d) or
(f) of the Act (21
U.S.C. 953 (a), (b),
(c),
(d) or (f)).
(b) The Administrator may require that such non-narcotic controlled substances in Schedule III as
shall be designated by regulation in Sec. 1312.30 of this part be exported only pursuant to the
issuance of an export permit. The Administrator may authorize the exportation of such
substances if he finds that such exportation is permitted by section 1003(e) of the Act (21
U.S.C.
953(e)).
(c) If a non-narcotic substance listed in Schedule IV or V is also listed in Schedule I or II of the
Convention on Psychotropic Substances, it shall be exported only pursuant to the issuance of an
export permit. The Administrator may authorize the exportation of such substances if he finds
that such exportation is permitted by section 1003(e) of the Act (21
U.S.C. 953(e)).
(d) The Administrator may require an applicant to submit such documents or written statements
of fact relevant to the application as he deems necessary to determine whether the application
should be granted. The failure of the applicant to provide such documents or statements within a
reasonable time after being requested to do so shall be deemed to be a waiver by the applicant of
an opportunity to present such documents or facts for consideration by the Administrator in
granting or denying the application.
(e) Each export permit shall be issued in septuplet and serially numbered, with all seven copies
bearing the same serial number and being designated "original" (Copy 1), "duplicate" (Copy 2),
etc., respectively. Each export permit shall be predicated upon an import certificate or other
documentary evidence. Export permits are not transferable.
(f) No export permit shall be issued for the exportation
or reexportation, of any
controlled substance of any narcotic drug
to any country when
the Administrator has information to show that the estimates or
assessments
submitted with respect to that
country for the current period, under the Narcotic Limitation Convention of 1931, or the
Single Convention on
Narcotic Drugs, 1961, or the Convention on Psychotropic Substances, 1971,
have been, or, considering the quantity proposed to be
imported, will be exceeded. If it shall appear through subsequent advice received from the
International Narcotic Control Board of the United Nations that the estimates of the country of
destination have been adjusted to permit further importation of the narcotic
drug controlled
substance, an export
permit may then be issued if otherwise permissible.
[36 FR 23625, Dec. 11, 1971, as amended at 37 FR 15923, Aug. 8, 1972. Redesignated at 38 FR
26609, Sept. 24, 1973, and amended at 52 FR 17290, May 7, 1987]
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