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The Foreign Narcotics Kingpin Designation Act (“Act”) is a U.S. federal legislation designed to provide authority for the identification of, and application of sanctions on a worldwide basis to, significant foreign narcotics traffickers, their organizations, and the foreign persons who provide support to those significant foreign narcotics traffickers and their organizations, whose activities threaten the national security, foreign policy, and economy of the U.S. [21 USCS § 1902]. The Act also prohibited all trade and transactions between the traffickers and U.S. companies and individuals. The Kingpin Act authorizes the President to take these actions when s/he determines that a foreign person plays a significant role in international narcotics trafficking.
The Act was signed into law became law on December 3, 1999. It is commonly known as the Kingpin Act. The provisions of the Act are found under 21 USCS § 1901 through 1908.
The Act blocks all property and interests in property, subject to U.S. jurisdiction, owned or controlled by significant foreign narcotics traffickers as identified by the PresidentAdditionally, the Act blocks the property and interests in property, subject to U.S. jurisdiction, of foreign persons designated by the Secretary of Treasury, in consultation with the Attorney General, the CIA Director, the FBI Director, the DEA Administrator, the Secretary of Defense, and the Secretary of State, who are found to be: (1) materially assisting in, or providing financial or technological support for or to, or providing goods or services in support of, the international narcotics trafficking activities of a person designated pursuant to the Kingpin Act; (2) owned, controlled, or directed by, or acting for or on behalf of, a person designated pursuant to the Kingpin Act; or (3) playing a significant role in international narcotics trafficking
The Kingpin Act directs the Secretary of the Treasury, the Attorney General, the Secretary of State, the Secretary of Defense, and the Director of the Central Intelligence Agency coordinate to identify drug kingpins and propose them to the President for sanctions. The Department of Homeland Security and the Directorate of National Intelligence are also included in the process. The Act calls for the President to report to specified congressional committees by June 1 of each year on those "foreign persons [he] determines are appropriate for sanctions" and stating his intent to impose sanctions upon those Significant Foreign Narcotics Traffickers pursuant to the Act. While previous Presidential determinations have been tied to the statutory June 1 timetable, the President may also identify Significant Foreign Narcotics Traffickers at any other time pursuant to the Act.
21 USCS § 1906 of the Act contains the enforcement provisions of the Act. The section reads as below:
§ 1906. Enforcement
(a) Criminal penalties.
(1) Whoever willfully violates the provisions of this title, or any license rule, or regulation issued pursuant to this title, or willfully neglects or refuses to comply with any order of the President issued under this title shall be--
(A) imprisoned for not more than 10 years,
(B) fined in the amount provided in title 18, United States Code, or, in the case of an entity, fined not more than $ 10,000,000,or both.
(2) Any officer, director, or agent of any entity who knowingly participates in a violation of the provisions of this title shall be imprisoned for not more than 30 years, fined not more than $ 5,000,000, or both.
(b) Civil penalties. A civil penalty not to exceed $ 1,000,000 may be imposed by the Secretary of the Treasury on any person who violates any license, order, rule, or regulation issued in compliance with the provisions of this title.
(c) Judicial review of civil penalty. Any penalty imposed under subsection (b) shall be subject to judicial review only to the extent provided in section 702 of title 5, United States Code.