manufacture or distribute, or to possess with intent to manufacture or distribute, a controlled substance.

(d) It is unlawful for any person to possess, manufacture, or distribute a controlled substance

(1) intending that it be unlawfully imported into the United States; or

(2) knowing that it will be unlawfully imported into the United States.

(e) Subsections (a), (b), and (c) do not apply to a common or contract carrier, or an employee thereof, who possesses or distributes a controlled substance in the lawful and usual course of the carrier's business or to a public vessel of the United States, or any person on board such a vessel who possesses or distributes a controlled substance in the lawful course of his duties, if the controlled substance is a part of the cargo entered in the vessel's manifest and is intended to be lawfully imported into the country of destination for scientific, medical, or other legitimate purposes. It shall not be necessary for the United States to negative the exception set forth in this subsection in any complaint, information, indictment, or other pleading or in any trial or other proceeding. The burden of going forward with the evidence with respect to this exception is upon the person claiming its benefit.

(f) Any person who violates this section shall be tried in the United States district court at the point of entry where that person enters the United States, or in the United States District Court for the District of Columbia.

(g) (1) Any person who commits an offense defined in subsection (a), (b), (c) or (d) of this section shall be punished in accordance with the penalties set forth in section 1010 of the Comprehensive Act.

(2) Notwithstanding paragraph (1) of this subsection, any person convicted of an offense under this Act shall be punished in accordance with the penalties set forth in section 1012 of the Comprehensive Act if such offense is a second or subsequent offense as defined in section 1012(b) of that Act.

(h) This section is intended to reach acts of possession, manufacture, or distribution committed outside the territorial jurisdiction of the United States.

SEC. 2. As used in this Act

(a) "Customs waters" means those waters as defined in section 401(j) of the Tariff Act of 1930 (19 U.S.C. 1401(j)).

(b) "High seas" means all waters beyond the territorial seas of the United States and beyond the territorial seas of any foreign nation.

(c) "Vessel of the United States" means any vessel documented under the laws of the United States, or numbered as provided by the Federal Boat Safety Act of 1971, as amended, or owned in whole or in part by the United States or a citizen of the United States, or a corporation created under the laws of the United States, or any State, Territory, District, Commonwealth, or possession thereof, unless the vessel has been granted nationality by a foreign nation in accordance with article 5 of the Convention on the High Seas, 1958.

(d) "Vessel subject to the jurisdiction of the United States" includes a vessel without nationality or a vessel assimilated to a vessel without nationality, in accordance with paragraph (2) of article 6 of the Convention on the High Seas, 1958.

(e) "Comprehensive Act" means the Comprehensive Drug Abuse Control and Prevention Act of 1970 (21 U.S.C. 801-966). All terms used in this Act that are defined in the Comprehensive Act have the meanings assigned to them by the Act.

SEC. 3. Any person who attempts or conspires to commit any offense defined in this Act is punishable by imprisonment or fine or both which may not exceed the maximum punishment prescribed for the offense, the commission of which was the object of the attempt or conspiracy.

SEC. 4. Any property described in section 511(a) of the Comprehensive Act that is used or intended for use to commit, or to facilitate the commission of, an offense under this Act shall be subject to seizure and forfeiture in the same manner as similar property seized or forfeited under section 511 of the Comprehensive Act.

Approved September 15, 1980.

94 Stat. 1159; 21 U.S.C. 955a (Supp. IV 1980).

Recommending enactment of the legislation, the Senate Committee on Commerce, Science, and Transportation had reported upon H.R. 2538, in part:

* * * BACKGROUND

The Comprehensive Drug Abuse Prevention and Control Act of 1970 (the Comprehensive Act) is the principal Federal authority under which drug offenders are prosecuted. That law inadvertently contained a section repealing the criminal provision under which drug smugglers apprehended on the high seas were prosecuted without creating a new provision to replace it.

According to the Coast Guard, most of its difficulties in drug enforcement stem from this statutory void which does not proscribe possession of controlled substances on the high seas, while such conduct is a crime in U.S. territory. If the Government seeks to prosecute offenders apprehended on the high seas, it now must do so for either attempted unlawful importation of these substances or conspiracy to do so. In most cases, evidence to prove importation or conspiracy beyond a reasonable doubt is impossible to obtain. Thus, in most cases the Coast Guard is able to seize and confiscate the ship and the illegal drugs, but the Government is not able to prosecute the crew or others involved in the smuggling operation. Such actions have little deterrent effect on the crews or the trafficking organizations. In the highly lucrative trade in illegal drugs, such occasional seizures are considered a part of the cost of doing business.

S. Rept. 96-855, 96th Cong., 2d sess., pp. 1-2; 1980 United States Code Congressional and Administrative News, Vol. 4 (1981), pp. 2785-2786.

As amended by the Committee, H.R. 2538 was passed in the Senate on July 24 and, with further House amendments to the Senate-passed amendments, was passed for a second time in the House on July 31, 1980. The Senate agreed to the House amendments on Sept. 3, 1980. See, Cong. Rec., Vol. 126 (1980), Pt. 15, pp. 19543-19544, Pt. 16, pp. 20736-20737, and Pt. 18, pp. 23907-23908.

Chapter 12

SCIENTIFIC, EDUCATIONAL AND CULTURAL

AFFAIRS

Scientific Affairs

Scientific and Technological Cooperation

United States-Belgium

On June 2, 1980, the National Science Foundation, an agency of the United States Government, and the National Fund for Scientific Research, a private foundation funded mainly by the Government of Belgium, signed a memorandum of understanding at Brussels for the development of a five-year cooperative program in the sciences (TIAS 9800; 32 UST 1823; entered into force, June 2, 1980).

The scope of the program covers all recognized branches of the natural, social, and engineering sciences including mathematics, and activities may include individual visits, exchange of scientific personnel and fellowships, joint seminars and workshops, joint research staff exchanges, and other activities as mutually agreed. Scientific and technical information derived from activities under the cooperative program would be made available to the international scientific community through customary channels and in accordance with normal scientific procedures. The Memorandum of Understanding was undertaken to facilitate each party's scientific objectives, and its financial terms, for each party to bear the costs of its own participation, were "based on a general mutuality of interest, not reciprocity."

An Annex to the Memorandum of Understanding governs in those cases where particular results derive from program activities subject to copyright or patent protection.

On Aug. 12 and 26, 1985 the United States and Belgium signed in Washington and Brussels an Agreement Extending the Memorandum of Understanding of June 2, 1980 for the Cooperative Program in the Sciences, which entered into force, Aug. 26, 1985, effective June 2, 1985.

-D.A.C.

United States-Japan

On the occasion of the visit of Prime Minister Masayoshi Ohira of Japan to Washington, April 30-May 1, 1980, President Carter and

Prime Minister Ohira signed a five-year (umbrella) Agreement on Cooperation in Research and Development in Science and Technology on May 1, 1980 (TIAS 9760; 32 UST 1123; entered into force, May 1, 1980).

The Agreement stemmed from a common desire of the Governments of the United States and Japan to pool resources, rather than duplicate efforts, in carrying out globally important research and development projects in the non-energy area. In this respect it parallels undertakings in their Agreement on Cooperation in Research and Development in Energy and Related Fields, signed at Washington, May 2, 1979 (TIAS 9463; 30 UST 4365; entered into force, May 2, 1979).

The 1980 Agreement provides a framework for joint participation in significant high technology, high-risk research projects, including basic research, in the non-energy area, in addition and beyond the level of existing programs. It also provides for establishment of a Joint Committee, charged with: exchange of information and views on the science and technology policies of the two Governments and other issues relating to the Agreement's implementation; (2) review of cooperative activities and accomplishments under the Agreement; and (3) providing advice to the two Governments regarding the Agreement's implementation.

Article V of the Agreement authorizes scientific and technological information of a non-proprietary nature arising from cooperative activities under the Agreement to be made available to the public by either Government. It also requires the two Governments to give due consideration to equitable distribution of industrial property resulting from cooperative activities under the Agreement and of licenses thereof, as well as to the licensing of other related industrial property necessary for utilization of the results of such cooperative activities, with consultations between them for this purpose as necessary.

Examples of joint research projects already identified by policy-level officials on both sides were set out in a White House fact sheet issued in connection with the signing of the Agreement. They included, among others: space-related research in geodynamics; the origin of plasmas in Earth's neighborhood program; the comet rendezvous mission; the Saturn orbiter and dual probe mission; and other research, in recombinant DNA, development of antivirals, and neutron scattering. See, Dept. of State Bulletin, Vol. 80, No. 2040, July 1980, pp. 25-26.

On Apr. 26, 1985, by an exchange of notes at Washington, the two Governments extended the Agreement to Apr. 30, 1987. TIAS ; entered into force, Apr. 26, 1985. On Feb. 8 and 25, 1985, at Reston, Virginia and Tsukuba, Ibaraki, Japan, the United States and Japan signed a Memorandum of Understanding regarding cooperation in the field of geological sciences.

TIAS; entered into force, Feb. 25, 1985.

-D.A.C.

United States-Venezuela

On January 11, 1980, the Governments of the United States and Venezuela signed at Caracas a five-year (umbrella) Agreement for Scientific and Technological Cooperation (TIAS 10649; entered into force, July 22, 1983). The Agreement was the outgrowth of the Memorandum of Understanding on Scientific and Technological Cooperation between the United States and the Commission of the Cartagena Agreement (the Andean Group, see post), signed at Washington, November 21, 1979 (TIAS 9949; 32 UST 4327; entered into force, November 21, 1979). The principal objectives of the United StatesVenezuelan Agreement were to strengthen the scientific and technological capabilities of the two Parties and to broaden and expand relations between their scientific and technological communities.

The Agreement provides for exchange of scientific and technological information, joint research projects, exchange and/or training of scientists and technical experts, convening of seminars and meetings, and other mutually agreed forms of cooperation. The Parties agreed to encourage and facilitate contacts and cooperation between government agencies, universities, research centers, institutions, firms and other entities. Specific implementing arrangements might cover subjects of cooperation, procedures to be followed, treatment of intellectual property, funding and other matters.

The Parties agreed to facilitate the entry into and exit from their territories of persons engaged in activities under the Agreement and their dependents, including duty-free entry on a temporary basis of personal effects.

Scientific and technological information resulting from cooperation under the Agreement, not subject to confidentiality because of its industrial or commercial significance, might be made available to the world scientific community through agreed procedures.

Responsibility for coordinating and facilitating cooperative activities were assigned to designated executive agents: for the United States, the National Science Foundation; and for Venezuela, the Minister of State for Science and Technology and the National Council for Scientific and Technological Research. The executive agents would also represent the Parties on a joint advisory and review committee in the area of basic and applied science research, to be established.

Existing arrangements and agreements between the Parties related to cooperation in science and technology would not be affected by the Agreement but might be incorporated into its framework, as agreed.