Foreign Narcotics Kingpin Designation Act
|Other short titles|
|Long title||An Act to provide for the imposition of economic sanctions on certain foreign persons engaging in, or otherwise involved in, international narcotics trafficking.|
|Nicknames||Intelligence Authorization Act for Fiscal Year 2000|
|Enacted by||the 106th United States Congress|
|Effective||December 3, 1999|
|Statutes at Large||113 Stat. 1606 aka 113 Stat. 1626|
|Titles amended||21 U.S.C.: Food and Drugs|
|U.S.C. sections created||21 U.S.C. ch. 24 § 1901 et seq.|
The Foreign Narcotics Kingpin Designation Act, also known as the Kingpin Act, became law by the enactment of the Intelligence Authorization Act for Fiscal Year 2000. The U.S. international narcotics trafficking bill was introduced in the United States House of Representatives as H.R. 3164 on October 28, 1999. The Kingpin Act legislation passed by a margin of three hundred and eighty-five to twenty-six (Roll call vote 555, via Clerk.House.gov) in the United States House of Representatives on November 2, 1999.
Purpose of Act
According to the White House, "Its purpose is to deny significant foreign narcotics traffickers, their related businesses, and their operatives access to the U.S. financial system and to prohibit all trade and transactions between the traffickers and U.S. companies and individuals. The Kingpin Act authorizes the President to take these actions when he determines that a foreign person plays a significant role in international narcotics trafficking. Congress modeled the Kingpin Act on the effective sanctions program that the Department of the Treasury's Office of Foreign Assets Control ('OFAC') administers against the Colombian drug cartels pursuant to Executive Order 12978 issued in October 1995 ('Executive Order 12978') under authority of the International Emergency Economic Powers Act ('IEEPA')."
Enforcement of act
The New York Times has said that the act has been used for the US to pursue dozens of criminal organizations involved in narcotics across the world. It also wrote that, "The act allows the Treasury Department to freeze any assets of the cartels found in United States jurisdictions and to prosecute Americans who help the cartels handle their money."
Issuance of a Finding of Violation to BBVA Compass. On 7/27/2016, the OFAC issued a Finding of Violation to Compass Bank, which uses the trade name BBVA Compass ("Compass"), for violations of the Foreign Narcotics Kingpin Sanctions Regulations, 31 C.F.R. part 598 (FNKSR). Due to a technical error with certain filtering software, Compass unknowingly maintained accounts on behalf of two individuals on OFAC's List of Specially Designated Nationals and Blocked Persons (the "SDN List"). Although OFAC found Compass to be technically in violation, no transactions occurred from the accounts during the time the individuals were on the SDN list.
- Aviation Drug-Trafficking Control Act of 1984
- Chemical Diversion and Trafficking Act
- United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances
- "H.R. 3164 (IH) - Foreign Narcotics Kingpin Designation Act" (PDF). GPO's Federal Digital System. U.S. Government Printing Office.
- "Foreign Narcotics Kingpin Designation Act - H.R. 3164". Office of the Clerk. U.S. House of Representatives. November 2, 1999.
- Clinton, William J. (December 3, 1999). "Statement on Signing the Intelligence Authorization Act for Fiscal Year - December 3, 1999". Internet Archive. Washington, D.C.: National Archives and Records Service. pp. 2206–2207.
- "FACT SHEET: Overview of the Foreign Narcotics Kingpin Designation Act". whitehouse.gov. April 15, 2009. Retrieved October 30, 2013 – via National Archives.
- Clinton, William J. (October 21, 1995). "Executive Order 12978: Blocking Assets and Prohibiting Transactions with Significant Narcotics Traffickers". Internet Archive. Washington, D.C.: Homeland Security Digital Library.
- SHERYL GAY STOLBERG (April 16, 2009). "Obama Takes Aim at Finances Of Three Mexican Drug Cartels". New York Times. Retrieved October 30, 2013.
- "Powerful Honduran businessman indicted in US for alleged money laundering for drug traffickers". 2015-10-09.
- "Sanctions Pursuant To The Foreign Narcotics Kingpin Designation Act" (PDF). U.S. Treasury. March 15, 2020.
- "Drug Control: U.S. Counternarcotics Efforts in Colombia Face Continuing Challenges" (PDF). U.S. GAO ~ NSIAD-98-60. U.S. Government Accountability Office. February 12, 1998. OCLC 245838932.
- "Drug Control: Narcotics Threat From Colombia Continues to Grow" (PDF). U.S. GAO ~ NSIAD-99-136. U.S. Government Accountability Office. June 22, 1999. OCLC 41717413.