New STOP Act Regulations to Fight Opioid Smuggling

Secretary of Homeland Security Alexander Mayorkas recently signed an Interim Final Rule (IFR) to help U.S. Customs and Border Protection (CBP) implement provisions from the Synthetics Trafficking and Overdose Prevention (STOP) Act. The IFR will be published in the Federal Register.

Under the STOP Act, which was sponsored by Senator Rob Portman (R-OH) and passed into law in the 115th Congress, the United States Postal Service (USPS) must refuse any package shipped to the United States that lacks identifying data, such as shipper and recipient.

The regulations are intended to strengthen data and information collection by the USPS and CBP for international mail shipments. Data sharing between these two government agencies can be crucial to combatting international drug trafficking.

Secretary Mayorkas said of the IFR, “The STOP Act is an important step in the battle against the deadly scourge of synthetic drugs that has caused so much loss and pain in our country. The Department of Homeland Security is proud to implement the STOP Act through this regulation.”

The IFR is titled “Mandatory Advance Electronic Information for International Mail Shipments” and establishes a mandatory advance electronic data (AED) program for certain inbound mail shipments help disrupt the flow of illegal drugs that are entering the United States. The AED program also provides for better risk assessment to identify counterfeit goods and products entering the country.

Senator Rob Portman (R-OH) has long insisted that federal agencies implement provisions to stop illegal substances from entering the country. In a December 2020 press release, Senator Portman said, “DHS must finalize the regulations to ensure that packages containing illicit opioids, like fentanyl, are stopped before they are delivered to our communities.”

When speaking of the priorities of the Department of Homeland Security (DHS), Secretary Mayorkas said, “First, our Department will continue to prioritize the battle against the importation of illegal drugs and their precursors, and we will dedicate our energy and resources accordingly.  This is a matter of homeland security.  Second, our Department is dedicated to the prompt, orderly, and effective promulgation of regulations that implement the laws Congress has passed and that advance the policy priorities of this Administration.”