Updated September 28, 2023
China Primer: Illicit Fentanyl and China’s Role
Addressing illicit fentanyl in the context of the ongoing
decision, the PRC implemented corresponding domestic
opioid crisis in the United States is a domestic and foreign
controls.) In March 2022, U.N. member states subjected
policy issue for Congress. In addressing the international
three more fentanyl precursors to international control: N-
dimension of the problem, policymakers have endeavored
Phenyl-4-piperidinamine (4-AP), tert-Butyl 4-
to stop foreign-sourced fentanyl, fentanyl-related
(phenylamino) piperidine-1-carboxylate (boc-4-AP), and
substances (i.e., analogues), and chemical inputs (i.e.,
norfentanyl.
precursors) from entering the United States. Early in the
U.S. opioid epidemic, the People’s Republic of China
Sources and Trafficking Pathways
(PRC, or China) was the primary source of illicit fentanyl,
Prior to 2019, China was the primary source of U.S.-bound
but such direct flows have reportedly ceased. U.S.
illicit fentanyl, fentanyl-related substances, and production
counternarcotics policy with regard to China has shifted to
equipment. PRC traffickers supplied fentanyl and fentanyl-
preventing PRC-sourced fentanyl precursors from entering
related substances directly to the United States via
the U.S.-bound fentanyl supply chain via third countries,
international mail and express consignment operations.
and targeting illicit fentanyl-related financial flows linked
Trafficking patterns changed after the PRC imposed class-
to China. U.S.-PRC cooperation on drug control issues has
wide controls over all fentanyl-related substances, effective
been severely strained since 2020.
May 2019. Today, Mexican transnational criminal
organizations are largely responsible for the production of
Background
U.S.-consumed illicit fentanyl, using primarily PRC-
Fentanyl is a potent synthetic opioid that has been used
sourced materials, including precursor chemicals that are
medically as a painkiller and an anesthetic since it was first
not internationally controlled (and are correspondingly legal
synthesized in 1959. Due to fentanyl’s potential for abuse
to produce in and export out of China). According to recent
and addiction, the United Nations (U.N.) placed it under
U.S. Department of the Treasury assessments, Mexican
international control in 1964. Domestically, fentanyl is
cartels are increasingly working with PRC money
regulated by the Drug Enforcement Administration (DEA),
laundering organizations.
pursuant to the Comprehensive Drug Abuse Prevention and
Control Act of 1970, as amended (21 U.S.C. §§801 et seq.).
Fentanyl destined for nonmedical consumption may be
Controlling the production and trafficking of fentanyl and
produced in clandestine laboratories. Pharmaceutical
its analogues has emerged as a major international drug
preparations of fentanyl may also be diverted through theft
policy concern for the United States. The U.S. Centers for
and fraudulent prescriptions. Legitimate chemical and
Disease Control and Prevention estimates that synthetic
pharmaceutical companies produce fentanyl analogues and
opioids (primarily fentanyl-related substances) may have
precursors that are not domestically or internationally
resulted in more than 77,000 overdose deaths between May
regulated. In February 2022, the final report of the U.S.
2022 and April 2023. Moreover, traffickers appear to be
Commission on Combating Synthetic Opioid Trafficking
marketing a growing number of fentanyl analogues for
(established pursuant to §7221 of P.L. 116-92), concluded
nonmedical, often unregulated, use.
that the PRC’s chemical and pharmaceutical sectors have
“outpaced the government’s efforts to regulate them,
In November 2021, the International Narcotics Control
creating opportunities for unscrupulous vendors to export
Board—an independent expert body that monitors
chemicals needed in their illegal manufacture.”
governments’ compliance with U.N. drug control treaties—
reported the existence of more than 150 fentanyl-related
Addressing China’s Role
substances with no currently known legitimate uses. The
With respect to the PRC, the Joseph R. Biden Jr.
U.N. Office on Drugs and Crime estimates that laboratories
Administration’s April 2022 National Drug Control
could potentially synthesize thousands of other fentanyl
Strategy prioritizes increased collaboration “on shared drug
analogues. As of May 2023, more than 30 fentanyl-related
priorities” and continued engagement “to reduce diversion
substances, including precursors, are scheduled for
of uncontrolled precursor chemicals.” In testimony before
international control pursuant to the U.N. Single
the House in July 2023, Office of National Drug Control
Convention on Narcotic Drugs of 1961, as amended, and
Policy (ONDCP) Director Rahul Gupta said that the United
the U.N. Convention Against Illicit Traffic in Narcotic
States has adopted a multipronged approach to address
Drugs and Psychotropic Substances of 1988.
precursors from China. It includes raising precursor
diversion in every meeting with PRC counterparts and
U.N. member states first subjected fentanyl precursors to
working multilaterally to expand U.N. scheduling of
international control in 2017, agreeing to list the precursors
synthetic drugs. In July 2023, the United States also
N-Phenethyl-4-piperidone (NPP) and 4-Anilino-N-
launched a Global Coalition to Address Synthetic Drug
phenethylpiperidine (ANPP) on Table I of the 1988
Threats, including fentanyl.
Convention. (In February 2018, consistent with the U.N.
https://crsreports.congress.gov
China Primer: Illicit Fentanyl and China’s Role
In testimony before the Senate in February 2023, Assistant
Ongoing Challenges
Secretary of State for International Narcotics and Law
Rising tensions in the U.S.-China relationship have
Enforcement Affairs Todd Robinson noted that the United
challenged efforts to sustain progress in addressing illicit
States has “encouraged the PRC to improve information-
fentanyl. The PRC appeared to back away from additional
sharing on global chemical flows, strengthen enforcement
bilateral cooperation on counternarcotics issues after the
of customs manifesting agreements, and implement know-
U.S. Department of Commerce added an institute under the
your-customer standards to restrict the sale of precursor
PRC’s Ministry of Public Security (MPS) to its Entity List
chemicals to only customers with legitimate needs.”
in May 2020, subjecting the institute to export controls. The
Department of Commerce charged that the institute was
The U.S. Department of the Treasury’s Office of Foreign
“implicated in human rights violations and abuses” in the
Assets Control has so far sanctioned more than 40 mainland
PRC’s Xinjiang Uyghur Autonomous Region. The PRC
China or Hong Kong-based persons in relation to fentanyl
contends that U.S. export controls imposed on the institute
trafficking. Such sanctions block assets within U.S.
hinder the work of the MPS-led National Narcotics
jurisdiction, prohibit U.S. persons from financial
Laboratory of China, which operates centers in Beijing and
transactions with sanctioned foreign narcotics traffickers,
in the provinces of Zhejiang, Guangdong, Sichuan, and
and ban such traffickers from entry into the United States.
Shaanxi. On August 5, 2022, in response to then-House
Speaker Nancy Pelosi’s visit to Taiwan, the PRC’s Ministry
In June 2023, the Department of Justice arrested two PRC
of Foreign Affairs announced the PRC’s formal suspension
citizens and unsealed three indictments charging PRC-
of U.S.-China cooperation in five areas, including
based companies and their employees with fentanyl-related
counternarcotics and legal assistance in criminal matters.
crimes. The PRC alleged that DEA had conducted a sting
operation against the two individuals, “blatantly abducted”
In a September 2022 interview with Newsweek, then-PRC
them in Fiji, and taken them to the United States for trial,
Ambassador to the United States Qin Gang appeared to rule
thus “seriously undercutting the foundation of [U.S.-PRC]
out a know-your-customer protocol for PRC chemical
counter-narcotics cooperation.”
shipments, stating that such a protocol “far exceeds U.N.
obligations.” Other U.S. objectives also remain unmet. The
On September 15, 2023, President Joe Biden added China
PRC government said in June 2023 that China was “in the
to the U.S. list of the world’s major illicit drug-producing
process of scheduling” three additional fentanyl
and drug-transit countries. This addition stemmed from a
precursors—presumably 4-AP, boc-4-AP, and norfentanyl.
December 2022 amendment to the statutory definition of
Some PRC nationals indicted in the United States on
“major illicit drug producing country” to include precursor
fentanyl trafficking charges remain at large. With respect to
chemicals used to produce illicit drugs significantly
financial crime, the U.S. State Department’s 2023
affecting the United States (§5555(b) of P.L. 117-263). In
International Narcotics Control Strategy Report notes the
its response, the PRC Ministry of Foreign Affairs stated that
PRC’s “lack of full cooperation on financial investigations
the designation is “a malicious smear against China” and
and requests for financial investigation information.”
urged the United States to “do things in ways that are
conducive to cooperation with China, not otherwise.”
Legislation in the 118th Congress
The 118th Congress remains legislatively active on the role
Early Successes
of China in producing and trafficking illicit fentanyl-related
U.S.-PRC cooperation on fentanyl has yielded successes:
substances. For example, both House- and Senate-passed
•
versions of a National Defense Authorization Act for Fiscal
Responding, in part, to a U.S. request, in May 2019, the
Year 2024 (NDAA; H.R. 2670 and S. 2226) would contain
PRC added all fentanyl-related substances not already
scheduled to its “Supplementary List of Controlled
provisions to address PRC-linked fentanyl-related
trafficking. The Senate-passed version would include the
Narcotic Drugs and Psychotropic Substances with Non-
FEND Off Fentanyl Act (introduced as H.R. 3333 and S.
Medical Use.” In July 2022 testimony, a senior advisor
1271). The House also passed the Stop Chinese Fentanyl
to ONDCP stated that as a result, “the direct shipment of
Act of 2023 (H.R. 3203). Other pending bills include the
fentanyl and fentanyl-related substances from China to
the United States went down to almost zero.”
Strengthening Sanctions on Fentanyl Traffickers Act of
2023 (S. 2059) and the Project Precursor Act (H.R. 3205).
• In 2019 and 2021, joint U.S.-China investigations
Both House-committee and Senate-committee versions of a
resulted in PRC courts in Hebei Province and Shanghai
Department of State, Foreign Operations, and Related
sentencing defendants for trafficking fentanyl to the
Programs Appropriations Act for 2024 (H.R. 4665 and S.
United States and Canada.
2438) would include fentanyl-related provisions. The
•
Senate-committee version would appropriate $125 million
In his 2022 testimony, the ONDCP advisor credited the
to support “efforts to stop the flow of fentanyl, fentanyl
PRC for a high number of seizures of precursor and
“pre
precursors, and other synthetic drugs and their precursor
-precursor” chemicals in the Western Hemisphere.
materials from the [PRC] to the United States.”
He cited both “cooperation with Chinese officials” and
information sent to the PRC about seizures “so that they
could take action and hold the individuals responsible.”
Liana W. Rosen, Specialist in International Crime and
•
Narcotics
In 2020, the PRC approved DEA’s request to open
Ricardo Barrios, Analyst in Asian Affairs
additional offices in the country. DEA maintains offices
Susan V. Lawrence, Specialist in Asian Affairs
in Beijing, Shanghai, Guangzhou, and Hong Kong.
https://crsreports.congress.gov
China Primer: Illicit Fentanyl and China’s Role
IF10890
Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan shared staff to
congressional committees and Members of Congress. It operates solely at the behest of and under the direction of Congress.
Information in a CRS Report should not be relied upon for purposes other than public understanding of information that has
been provided by CRS to Members of Congress in connection with CRS’s institutional role. CRS Reports, as a work of the
United States Government, are not subject to copyright protection in the United States. Any CRS Report may be
reproduced and distributed in its entirety without permission from CRS. However, as a CRS Report may include
copyrighted images or material from a third party, you may need to obtain the permission of the copyright holder if you
wish to copy or otherwise use copyrighted material.
https://crsreports.congress.gov | IF10890 · VERSION 13 · UPDATED