Updated December 21, 2018
Illicit Fentanyl, China’s Role, and U.S. Foreign Policy Options
Addressing illicit fentanyl in the context of the ongoing
According to the U.S. Drug Enforcement Administration
opioid crisis is a major domestic and foreign policy issue
(DEA), most illicit fentanyl and fentanyl analogues that
for the Trump Administration and Congress. According to
reach U.S. users is produced in China. The precursor
U.S. estimates, foreign-sourced fentanyl and fentanyl-
chemicals NPP and ANPP are also primarily produced in
related compounds (analogues) killed more Americans in
China.
2017 than all other illicit drugs. In addressing the
international dimensions of the fentanyl problem,
Figure 1. Fentanyl Trafficking Flows
policymakers have faced challenges in stopping inflows of
fentanyl and fentanyl-related drugs, particularly from
China. They continue to question whether existing U.S.
foreign policy tools to combat illicit drugs are sufficient.
Background
Fentanyl is a potent synthetic opioid that has been used
medically as a painkiller and an anesthetic since it was first
synthesized in 1959. Due to fentanyl’s potential for abuse
and addiction, the United Nations (U.N.) placed it under
strict international control in 1964. In the United States, it is
regulated pursuant to the Controlled Substances Act of 1970
(P.L. 91-513). In recent years, fentanyl has reemerged as a
major international drug control problem as overdose

Source: DEA, National Drug Threat Assessment, 2017.
deaths from its abuse have continued to rise.
Fentanyl analogues belong to the same class of substances
Based on U.S. seizure data, illegally produced fentanyl in
as fentanyl, similar in chemical makeup and effect but not
powder form is often mailed from China in parcel packages.
necessarily illicitly produced and trafficked. Some are
These small, high-purity parcels arrive in the United States,
internationally controlled and approved for medical use
Canada, and Mexico, where the fentanyl is mixed with
(e.g., sufentanil, alfentanil, and remifentanil). Others are
heroin (or other illicit drugs, including cocaine and
newer creations, drawn from the scientific and patent
methamphetamine) or pressed into pills (some purporting to
literature, and designed to circumvent current international
be name-brand pharmaceutical opioid preparations). They
and domestic drug control laws. Since 2012, several dozen
are often purposely mislabeled and sent through multiple
unregulated fentanyl analogues have reportedly entered the
freight forwarders. Further complicating law enforcement
illicit opioid market, including more than 30 in North
detection, traffickers exploit features of the darkweb and
America alone. Controlling these newer compounds
cryptocurrencies to procure and purchase fentanyl and
remains a challenge for the international community.
fentanyl analogues anonymously online. U.S. authorities
have reported that illicitly manufactured fentanyl is also
Since 2016, the U.N. has agreed to place eight additional
produced in Mexico and the Dominican Republic.
fentanyl analogues under control, including, in 2018,
U.S. Foreign Policy Approaches
carfentanil, a veterinary drug that is 10,000 times more
potent than morphine. Also in 2018, the U.N. agreed to
Foreign policy approaches to stemming the flow of foreign
place two common chemicals (known as precursor
illicit fentanyl into the United States have focused on
chemicals) used to produce fentanyl under international
bilateral engagement, particularly with China, Mexico, and
control: N-phenethyl-4-piperidone (NPP) and 4-anilino-N-
Canada, and multilateral cooperation with the United
phenethyl-4-piperidone (ANPP).
Nations, the Universal Postal Union, and other major
stakeholders. Bilateral efforts have included fostering law
Sources and Trafficking Pathways
enforcement cooperation and information exchange,
Legally manufactured fentanyl pharmaceutical products
engaging in high-level political dialogue, and, in the case of
may be illicitly diverted through theft and fraudulent
Mexico, providing foreign assistance on counterdrug
prescriptions. Fentanyl may also be illicitly produced in
matters. Multilateral efforts have focused on scheduling
clandestine laboratories. While not a new phenomenon, the
more fentanyl analogues and precursors for international
illicit production and trafficking of fentanyl and fentanyl
drug control. In 2017, the United States also issued an
analogues in recent years has been associated with a sharp
INTERPOL purple notice to the international law
rise in U.S. opioid-related overdose fatalities, as well as
enforcement community on fentanyl trafficking
fatalities in Canada and Europe.
concealment methods.
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Illicit Fentanyl, China’s Role, and U.S. Foreign Policy Options
Case Study: U.S.-China Cooperation
public health, domestic border security, law enforcement,
To address the problem of il icit fentanyl from China, the U.S.
and postal service controls (including availability of
government has pushed China to impose domestic controls on
advanced electronic data). Several resolutions (S.Res. 10,
fentanyl analogues, indicted Chinese fentanyl manufacturers
S.Res. 83, and H.Res. 268) addressed the issue’s foreign
and distributors, negotiated for more advance tracking
policy dimensions. Recent congressional hearings have also
information on packages from China, and sought greater
addressed the international dimensions of the fentanyl
cooperation from China in the sharing of bank records. Even
problem. As Congress seeks to address foreign sources of
as the overall U.S.-China relationship has grown more
fentanyl, key considerations may include the following:
contentious, the Administration has credited engagement with
China for progress on many of these fronts. A DEA office in
Whether more could be done to schedule fentanyl
Beijing facilitates working-level cooperation with the Narcotics
analogues and other emerging synthetic opioids for
Control Bureau (NCB) of China’s Ministry of Public Security.
international drug control. Although U.S. officials
DEA is working to staff new offices in the Chinese cities of
describe recent U.N. scheduling actions as policy successes,
Guangzhou and Shanghai in order to engage provincial officials.
the current international drug control system has long been
Fentanyl is also on the agenda of several U.S.-China dialogues,
criticized as slow and outdated. Some observers have
including the Bilateral Drug Intelligence Working Group,
advocated variously for reforming the U.N. drug control
which last met in November 2018.
regime and developing novel approaches to national
chemical scheduling systems.
Responding in part to requests from the United States, China
has so far imposed domestic controls on 170 new
Whether a cooperative approach to dealing with foreign
psychoactive substances, including 25 fentanyl analogues, and
sources and transit countries of fentanyl is effective. The
also control ed two fentanyl precursor chemicals, NPP and
U.S. approach has generally emphasized cooperation and
ANPP. In January 2018 Senate testimony, a DEA official said
diplomacy with foreign countries on fentanyl matters. Other
U.S. seizure data showed China’s implementation of controls
options include applying more coercive or punitive
had “an immediate effect on the availability of these drugs in
measures, such as designating countries like China as a
the United States.”
“major drug transit or major illicit drug producing country,”
When President Trump and China’s President Xi Jinping met
pursuant to Section 481 of the Foreign Assistance Act of
on December 1, 2018 on the sidelines of the G-20 meeting in
1961 (P.L. 87-195), as amended. On the other hand, such
Buenos Aires, Xi agreed to control the entire fentanyl class of
publicly antagonistic approaches could undermine recent
chemicals. The move would prohibit trade in all known and all
advances in bilateral cooperation on drug matters.
potential future variations of fentanyl. A White House
statement described Xi’s pledge as “a wonderful humanitarian
Whether more information on international fentanyl
gesture.” China’s statement said the country would start the
flows could inform foreign cooperation. In 2017, U.S.
process of adjusting related laws and regulations, although it
engagement with Mexico and Canada resulted in the first
did not provide a timetable for that process. Chinese
ever Trilateral Assessment on Opioid Trafficking. Although
government agencies involved in drug scheduling include the
described by U.S. officials as a valuable baseline, some
Ministry of Public Security, the National Narcotic Control
observers suggest that critical gaps may remain—including
Commission, the National Health Commission, and the State
information on how the illicit fentanyl market is evolving
Administration for Market Regulation.
and where future fentanyl production may emerge. To this
In October 2017, the Justice Department announced the
end, Congress may seek to amend reporting requirements
indictment of two alleged Chinese fentanyl manufacturers and
associated with the International Narcotics Control Strategy
distributors (Xiaobing Yan and Jian Zhang). In an April 2018
Report, an annual public report with country assessments
superseding indictment, the Justice Department charged four
prepared by the State Department for Congress.
more Chinese nationals with laundering funds on behalf of
Zhang’s network. The Treasury Department also designated
Whether current foreign policy and counternarcotics
Zhang and his network with targeted economic sanctions,
tools and resources are sufficient. Targeting the foreign
pursuant to the Foreign Narcotics Kingpin Designation Act
supply of U.S.-destined illicit drugs has long been a pillar
(P.L. 106-120). In August 2018, the Justice Department
of U.S. counternarcotics strategy. Today’s fentanyl
indicted two more alleged Chinese fentanyl manufacturers and
problem, however, appears to be challenging the current
distributors (Fujing Zheng and his father, Guanghua Zheng).
policy toolbox with its rapid introduction of designer
The Justice Department credited China with investigative
analogues, and the emergence of newer trafficking
assistance in all the cases. All those charged all remain at large.
networks and online marketing and payment methods.
Under an agreement with the U.S. Postal Service (USPS),
Although the Administration has not requested additional
China’s postal service, China Post, provides USPS with
foreign policy-related authorities to address fentanyl
advanced electronic data (AED) on parcels mailed to the
trafficking, policymakers may continue to evaluate whether
United States. In May 2018 testimony, a U.S. Customs and
U.S. resources are sufficient or allocated effectively.
Border Protection (CBP) official said the proportion of parcels
for which China is providing AED is now “over 98 percent,”
Liana W. Rosen, Specialist in International Crime and
helping CBP target high risk shipments for inspection.
Narcotics
Policy Considerations for Congress
Susan V. Lawrence, Specialist in Asian Affairs
In the 115th Congress, multiple bills sought to address
IF10890
fentanyl and opioid-related concerns in the context of
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Illicit Fentanyl, China’s Role, and U.S. Foreign Policy Options


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https://crsreports.congress.gov | IF10890 · VERSION 5 · UPDATED

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