Controlled Substances Import/Export Declaration (DEA-236 as Export)

The declaration is a quintuplicate-copy form:

Copies 1, 2 and 3 are to accompany the shipment to certain points as follows:

Copy 1 will remain with the shipment to its final destination.

Copy 2 will remain with the shipment until the foreign port of import, at which time it will be detached and retained by the appropriate customs official at the foreign port.

Copy 3 will be removed, certified and signed by an official of the United States Customs Service at the U.S. port of export, noting any discrepancies. After signature, Copy 3 will be forwarded to the Import/Export Unit of the Diversion Control Division, DEA.

Copy 4 must be furnished to DEA by the exporter not later than 15 days prior to the proposed date of exportation, along with an import certificate or letter of no objection issued by the appropriate competent national authority and a statement of nonreexport or reexport documentation (see below).

Copy 5 must be retained by the exporter as part of the exporter's records for a period of at least two years. At the time of export, the following information should be entered in Item 2c: actual quantity shipped and date of shipment. After this information is entered, it is requested that a copy be made and forwarded to DEA.

In emergency or unusual situations, a waiver of the 15-day advance notice may be requested in writing by the exporter.

If the import certificate is in a foreign language, a translation must accompany the declaration.

The reexportation of nonnarcotic controlled substances in Schedules III and IV and controlled substances in Schedule V is not permitted under U.S. law except as provided below:

(a) Bulk substances will not be reexported in the same form as exported from the United States, i.e., the material must undergo further manufacturing process. This further manufactured material may only be reexported to a country of ultimate consumption.

(b) Finished dosage units, if reexported, will be in a commercial package, properly sealed and labeled for legitimate medical use in the country of destination.

(c) Any reexportation be made known to DEA at the time the initial DEA-236 is completed by checking the box marked "Other" on the certification, furnishing pertinent information in the remarks section, and attaching the appropriate documentation.

If no reexportation is to occur, also required to accompany the declaration is a certification that the substance consigned to the authorized importer is to be applied exclusively to medical or scientific use within the country of destination, that it will not be reexported from such country, and that there is an actual need for the controlled substance for medical or scientific use within such country. This statement is sometimes found on the import certificate; however, if it is not, the consignee (importer) should make the certification.

Further information regarding export declarations may be found in Title 21, Code of Federal Regulations, Sections 1312.27-28.

Exporter's Instructions for Completing the DEA-236 Form

Item 1a - Mark export declaration box.
Item 1b - Enter name/address of exporter as shown on DEA registration certificate. Address must be that from which the substances will be shipped.
Also enter DEA registration number.
Item 1c - Enter name and address of broker or forwarding agent, if used.
Item 2a - Enter names as shown on labels; numbers and sizes of packages; strength of tablets, capsules, etc; CSA Drug Code, and NDC Number.
Item 2b - Enter name and controlled substance content (in grams) of the drug, compound or preparation to be exported, as well as the anhydrous acid, base or alkaloid content (in grams), if applicable.
Item 2c - Enter the date shipped and actual quantity exported once the shipment has been made and forward a copy to DEA.
Item 3a - Mark box next to "domestic" and enter the city and state of last U.S. Customs port from which substance will be shipped and approximate date of departure.
Item 3b - Mark box next to "foreign" and enter city and country of foreign port of entry and approximate date of arrival.
Item 4 - Enter name of exporting carrier or vessel if known, together with all intermediate carriers. If exporting carrier or vessel unknown, indicate mode of transport (air, ship, truck).
Note that export of controlled substances by mail is prohibited!
Item 5 - Enter name and address of consignee. Name and address must correspond with that shown on the foreign import certificate.
Note shipments cannot be delivered to a post office box; a street address is required!

Item A - Mark appropriate boxes regarding exporter's certification of export. Mark box next to "Other" if intended for reexportation.
Item B - Enter signature of authorized individual of exporter, broker or forwarding agent.
Item C - Enter date declaration prepared.
Item D - Enter name of firm. Also enter the telephone number of the person who actually completes the form in case there are any questions.

DEA Form 236 - Export