The Break Up Suspicious Transactions of Fentanyl Act, or the BUST FENTANYL Act, is a multi-faceted bill aimed at intensifying U.S. government actions against fentanyl and other synthetic opioids, and to a lesser extent methamphetamine precursors. It broadens and tightens reporting requirements, expands sanctions authority, and embeds a stronger U.S. focus on the People’s Republic of China (PRC) as a major actor in fentanyl trafficking and precursor supply. Key elements include a revised International Narcotics Control Strategy Report (INCSR) timeline and wording, a new study and report on fentanyl trafficking from the PRC and other countries, potential sanctions on foreign governments and their entities, and stronger prioritization of PRC-related targets in the U.S. sanctions program. It also requires closer monitoring and public reporting on methamphetamine precursor sources and related enforcement actions, particularly in relation to Mexico. In short, the bill seeks to (1) pressure China and other countries to curb fentanyl production and precursor trafficking, (2) expand and target sanctions on individuals, financial networks, and state entities involved in opioid trafficking, (3) bolster U.S.-China cooperation (including possible DEA presence in China), and (4) sharpen U.S. reporting on methamphetamine precursor sources.
Key Points
- 1INCSR reporting changes: Moves the annual reporting deadline from March 1 to June 1 and broadens the focus from pseudoephedrine to “chemical precursors used in the production of methamphetamine that significantly affected the United States,” widening the category of monitored chemicals.
- 2Study and report on PRC fentanyl trafficking: Requires a 180-day, unclassified (with a classified annex) report from the Secretary of State and the Attorney General detailing:
- 3- efforts to obtain PRC commitments to regulate unregulated fentanyl precursors (e.g., 4-AP);
- 4- a plan for future steps to curb PRC-produced fentanyl and precursors trafficked to Mexico and elsewhere;
- 5- cooperation of PRC financial systems and money laundering networks in fentanyl trafficking;
- 6- assessments of designation impacts on PRC money laundering, and the effectiveness of bilateral/multilateral cooperation (e.g., the Trilateral Fentanyl Committee, Global Coalition to Address Synthetic Drug Threats);
- 7- status and progress of commitments by other countries under global coalitions; and
- 8- specific attention to India, Mexico, and other significant producers/traffickers.
- 9DEA presence in PRC: Requires a classified briefing within 180 days about U.S. efforts to establish DEA offices in Shanghai and Guangzhou and to build partnerships with provincial authorities to counter fentanyl and its precursors.
- 10Prioritization of PRC targets in sanctions reporting: Expands the Fentanyl Sanctions Act to require prioritizing identification of Chinese individuals or entities involved in shipping fentanyl, fentanyl analogues, and precursors to Mexico or other countries trafficking fentanyl into the U.S. This prioritization continues until the President certifies that China is no longer the primary source.
- 11Expanded sanctions scope: Broadens the sanctions triggers to cover:
- 12- significant narcotics-related activities or financial transactions by any person linked to fentanyl trafficking or precursor supply,
- 13- property derived from such illicit activity, and
- 14- significant financial, material, or technological support for those activities or for the foreign persons involved.
- 15Sanctions on foreign state agencies and instrumentalities: Allows the President to sanction subdivisions, agencies, or instrumentalities of foreign governments, including state-owned banks, for engaging in fentanyl-related trafficking or providing support to such activity. Senior officials who facilitated or supported these activities can also be sanctioned.
- 16Annual methamphetamine precursor report: Amends the Combat Methamphetamine Epidemic Act reporting to require identification of major meth precursor source countries and a description of actions by those governments to combat chemical diversion and meth production/trafficking.