; or (ii) active pharmaceutical ingredients or chemicals that are used in the production of fentanyl; (B) to attempt to carry out an activity described in subparagraph (A); or (C) to assist, abet, conspire, or collude with any other person to carry out an activity described in subparagraph (A); (2) a violation of section 401(a)(1) of the Controlled Substances Act ( 21 U.S.C. 841(a)(1) ) involving manufacturing, distributing, or dispensing, or possessing with intent to manufacture, distribute, or dispense, fentanyl or a fentanyl-related substance in or into the United States; (3) an attempt or conspiracy to commit a violation described in paragraph (2); (4) having manufactured, distributed, or dispensed, or possessed with intent to manufacture, distribute, or dispense, fentanyl or a fentanyl-related substance outside the United States with the intention of such fentanyl or fentanyl-related substance being distributed or dispensed in or into the United States in violation of section 401(a)(1) or 406 of the Controlled Substances Act ( 21 U.S.C. 841(a)(1) , 846); or (5) having produced or manufactured, distributed, or dispensed, or possessed with intent to manufacture, distribute, or dispense, a substance that is a precursor to fentanyl or a fentanyl-related substance with the intention of such precursor, fentanyl, or fentanyl-related substance being distributed or dispensed in or into the United States in violation of section 401(a)(1) or 406 of the Controlled Substances Act ( 21 U.S.C. 841(a)(1) , 846). (b) Responsibility of foreign states A foreign state shall not be immune from the jurisdiction of the courts of the United States in any case in which money damages are sought against a foreign state for physical injury to person or property or death occurring in the United States and caused by— (1) an act of fentanyl trafficking in or into the United States