Updated December 8, 2022
China Primer: Illicit Fentanyl and China’s Role
Addressing illicit fentanyl in the context of the ongoing
phenethylpiperidine (ANPP). (In February 2018, consistent
opioid crisis in the United States is a domestic and foreign
with the U.N. decision, the PRC implemented
policy issue for Congress. In addressing the international
corresponding domestic controls.) In March 2022, U.N.
dimension of the problem, policymakers have endeavored
member states decided to add three more fentanyl
to stop foreign-sourced fentanyl, fentanyl-related
precursors under international control: N-Phenyl-4-
substances (i.e., analogues), and chemical inputs (i.e.,
piperidinamine (4-AP), tert-Butyl 4-
precursors) from entering the United States. Early in the
(phenylamino)piperidine-1-carboxylate (boc-4-AP), and
U.S. opioid epidemic, the People’s Republic of China
norfentanyl.
(PRC, or China) was the primary source of illicit fentanyl.
Direct flows of fentanyl from China are now largely
Sources and Trafficking Pathways
stemmed. U.S. counternarcotics policy with regard to China
In the years immediately prior to 2019, China was the
has shifted to preventing Chinese-sourced fentanyl
primary source of U.S.-bound illicit fentanyl, fentanyl-
precursors from entering the U.S.-bound fentanyl supply
related substances, and production equipment. PRC
chain via third countries, and targeting illicit fentanyl-
traffickers supplied fentanyl and fentanyl-related substances
related financial flows linked to the PRC. U.S.-PRC
directly to the United States via international mail and
cooperation on drug control issues has been severely
express consignment operations. Trafficking patterns
strained since 2020.
changed after the PRC imposed class-wide controls over all
fentanyl-related substances, effective May 2019. Today,
Background
Mexican transnational criminal organizations (TCOs) are
Fentanyl is a potent synthetic opioid that has been used
largely responsible for the production of U.S.-consumed
medically as a painkiller and an anesthetic since it was first
illicit fentanyl, using PRC-sourced primary materials,
synthesized in 1959. Due to fentanyl’s potential for abuse
including precursor chemicals that are not internationally
and addiction, the United Nations (U.N.) placed it under
controlled (and are correspondingly legal to produce in and
international control in 1964. Domestically, fentanyl is
export out of China). According to DEA assessments cited
regulated by the Drug Enforcement Administration (DEA),
by the U.S.-China Economic and Security Review
pursuant to the Comprehensive Drug Abuse Prevention and
Commission in 2021, PRC traffickers and money
Control Act of 1970, as amended (21 U.S.C. §§801 et seq.).
launderers appear to have increased cooperation with
Controlling the production and trafficking of fentanyl and
Mexican cartels.
its analogues has emerged as a major international drug
policy concern for the United States. The U.S. Centers for
Fentanyls destined for nonmedical consumption may be
Disease Control and Prevention estimates that synthetic
produced in clandestine laboratories. Pharmaceutical
opioids (primarily fentanyl-related substances) may have
preparations of fentanyl may also be diverted through theft
resulted in almost 73,000 overdose deaths between July
and fraudulent prescriptions. Legitimate chemical and
2021 and June 2022. Moreover, traffickers appear to be
pharmaceutical companies also produce fentanyl analogues
marketing a growing number of fentanyl analogues for
and precursors that are not domestically or internationally
nonmedical, often unregulated use.
regulated. In February 2022, the final report of the U.S.
Commission on Combating Synthetic Opioid Trafficking,
As of November 2021, the International Narcotics Control
established pursuant to Section 7221 of the National
Board—an independent expert body that monitors
Defense Authorization Act for Fiscal Year 2020 (P.L. 116-
government compliance with international drug control
92), concluded that the PRC’s chemical and pharmaceutical
treaties—reported the existence of more than 150 fentanyl-
sectors have “outpaced the government’s efforts to regulate
related substances with no currently known legitimate uses.
them, creating opportunities for unscrupulous vendors to
The U.N. Office on Drugs and Crime estimates that
export chemicals needed in their illegal manufacture.”
laboratories could potentially synthesize thousands of other
fentanyl analogues. As of December 2022, more than 30
Addressing China’s Role
fentanyl-related substances, including precursors, are
U.S. foreign policy efforts to stem the flow of illicit
scheduled for international control pursuant to the U.N.
fentanyl-related substances into the United States have
Single Convention on Narcotic Drugs of 1961, as amended,
focused on bilateral engagement and multilateral
and the U.N. Convention Against Illicit Traffic in Narcotic
cooperation with entities including the U.N. and other
Drugs and Psychotropic Substances of 1988.
stakeholders on such goals as scheduling more fentanyl
analogues and precursors for drug control. Such efforts fit
In 2017, U.N. member states agreed to list two fentanyl
within broader goals of targeting the foreign supply of U.S.-
precursor chemicals on Table I of the 1988 Convention,
destined illicit drugs, which has long been a pillar of U.S.
subjecting them for the first time to international controls:
counternarcotics strategy and features centrally in the
N-Phenethyl-4-piperidone (NPP) and 4-Anilino-N-
https://crsreports.congress.gov
China Primer: Illicit Fentanyl and China’s Role
Biden-Harris Administration’s April 2022 National Drug
about seizures “so that they could take action and hold
Control Strategy (the Strategy).
the individuals responsible.”
The PRC approved the U.S. Drug Enforcement
With respect to the PRC, the 2022 Strategy prioritizes
Administration’s (DEA’s) request to open additional
increased collaboration “on shared drug priorities” and
continued engagement “to reduce diversion of uncontrolled
offices in the country. DEA maintains offices in Beijing,
precursor chemicals.” The
Shanghai, Guangzhou, and Hong Kong.
Strategy further identifies
increasing real-time law enforcement information sharing
Ongoing Challenges
about precursor trafficking incidents from China or India to
Rising tensions in the U.S.-China relationship have
North America as a measurable objective of its supply
challenged efforts to sustain progress on illicit fentanyl. The
reduction goals. The Strategy states that, by 2025, the U.S.
PRC appeared to back away from additional bilateral
government seeks to increase incident reporting by 125%
cooperation on counternarcotics issues after the U.S.
(i.e., to 14 reports), from a 2020 baseline of six reports.
Department of Commerce added an institute under the
PRC’s Ministry of Public Security (MPS) to its Entity List
In testimony before the Senate in July 2022, Kemp Chester,
in May 2020, subjecting the institute to export controls. The
a Senior Advisor in the White House Office of National
Department of Commerce charged that the institute was
Drug Control Policy (ONDCP), stated that the U.S.
“implicated in human rights violations and abuses” in the
government has requested that the PRC (1) work with the
PRC’s Xinjiang Uyghur Autonomous Region. The PRC
U.S. government on a list of unregulated chemicals used to
contends that U.S. export controls imposed on the institute
create precursor chemicals “that bear increased scrutiny”;
also affect the work of the MPS-led National Narcotics
(2) properly label chemical and equipment shipments in
Laboratory of China, which operates regional centers in
accordance with World Trade Organization rules; and (3)
implement “know
Beijing and the PRC’s Zhejiang, Guangdong, Sichuan, and
-your-customer” (e.g., customer
Shaanxi Provinces. In a September 2021 statement, China’s
identification and verification) procedures for chemical
Embassy in the United States alleged that the U.S. Entity
shipments. The official characterized all three requests as
“things we should expect of any responsible country.”
List action “seriously affected China’s examination and
identification of fentanyl substances” and “greatly affected
China’s goodwill to help the U.S. in fighting drugs.” On
In his written testimony, Chester stated that the U.S.
August 5, 2022, in response to House Speaker Nancy
government also seeks to work with the PRC to
“c
Pelosi’s visit to Taiwan, the PRC’s Ministry of Foreign
ooperatively address the numerous money laundering and
Affairs announced the PRC’s formal suspension of U.S.-
illicit finance facilitators with ties to Chinese criminal
organizations that enable drug trafficking.”
China cooperation in five areas, including counternarcotics.
The U.S.
Department of the Treasury’s Office of Foreign Assets
In a September 2022 interview with Newsweek, PRC
Control has so far sanctioned more than 20 mainland China
Ambassador to the United States Qin Gang appeared to rule
or Hong Kong-based persons in relation to fentanyl
out a “know-your-customer” protocol for PRC chemical
trafficking. Such sanctions block assets within U.S.
shipments, stating that such a protocol “far exceeds U.N.
jurisdiction, prohibit U.S. persons from financial
obligations.” Other U.S. objectives also remain unmet. To
transactions with sanctioned foreign narcotics traffickers,
date, the PRC has not reported taking action to control
and ban such traffickers from entry into the United States.
additional fentanyl precursors, including 4-AP, boc-4-AP,
Early Successes
and norfentanyl. Some PRC nationals indicted in the United
States on fentanyl trafficking charges remain at large. With
U.S.-PRC cooperation on fentanyl has yielded successes:
respect to financial crime, the U.S. State Department’s 2022
Responding, in part, to a U.S. request, in May 2019, the
International Narcotics Control Strategy Report (INCSR)
PRC added all fentanyl-related substances not already
states that the PRC “does not cooperate sufficiently on
scheduled to its “Supplementary List of Controlled
financial investigations and does not provide adequate
Narcotic Drugs and Psychotropic Substances with Non-
responses to requests for information.”
Medical Use.” In his July 2022 testimony, ONDCP’s
Chester stated that as a result, “the direct shipment of
Issues for the 118th Congress
fentanyl and fentanyl-related substances from China to
Some Members have indicated that they intend to create a
the United States went down to almost zero.”
new House Select Committee on China in the 118th
Congress, with an agenda that may include examination of
In 2019 and 2021, joint U.S.-China investigations
China’s role in the U.S. fentanyl epidemic. Congress may
resulted in PRC courts in Hebei and Shanghai
consider how broader China policy, including sanctions,
sentencing defendants for trafficking fentanyl to the
affect narcotics control outcomes. The 118th Congress may
United States and Canada. The investigation that led to
also seek to review implementation of the President’s
the 2019 sentencing reportedly originated with a 2017
National Drug Control Strategy and whether additional
tip from the U.S. Department of Homeland Security.
foreign policy tools may be needed to address emerging
trends in synthetic opioid production and trafficking.
In his July 2022 testimony, the ONDCP’s Chester
credited the PRC for the “consistently high” number of
seizures of precursor and “pre-precursor” chemicals in
Liana W. Rosen, Specialist in International Crime and
the Western Hemisphere. He cited both “cooperation
Narcotics
with Chinese officials” and information sent to the PRC
Ricardo Barrios, Analyst in Asian Affairs
https://crsreports.congress.gov
China Primer: Illicit Fentanyl and China’s Role
IF10890
Susan V. Lawrence, Specialist in Asian Affairs
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https://crsreports.congress.gov | IF10890 · VERSION 12 · UPDATED