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18 USC CHAPTER 114 - TRAFFICKING IN CONTRABAND CIGARETTES 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 114 - TRAFFICKING IN CONTRABAND CIGARETTES

.

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CHAPTER 114 - TRAFFICKING IN CONTRABAND CIGARETTES

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Sec.

2341. Definitions.

2342. Unlawful acts.

2343. Recordkeeping and inspection.

2344. Penalties.

2345. Effect on State law.

2346. Enforcement and regulations.

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CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 49 section 80302.

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18 USC Sec. 2341 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 114 - TRAFFICKING IN CONTRABAND CIGARETTES

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Sec. 2341. Definitions

-STATUTE-

As used in this chapter -

(1) the term ''cigarette'' means -

(A) any roll of tobacco wrapped in paper or in any substance

not containing tobacco; and

(B) any roll of tobacco wrapped in any substance containing

tobacco which, because of its appearance, the type of tobacco

used in the filler, or its packaging and labeling, is likely to

be offered to, or purchased by, consumers as a cigarette

described in subparagraph (A);

(2) the term ''contraband cigarettes'' means a quantity in

excess of 60,000 cigarettes, which bear no evidence of the

payment of applicable State cigarette taxes in the State where

such cigarettes are found, if such State requires a stamp,

impression, or other indication to be placed on packages or other

containers of cigarettes to evidence payment of cigarette taxes,

and which are in the possession of any person other than -

(A) a person holding a permit issued pursuant to chapter 52

of the Internal Revenue Code of 1986 as a manufacturer of

tobacco products or as an export warehouse proprietor, or a

person operating a customs bonded warehouse pursuant to section

311 or 555 of the Tariff Act of 1930 (19 U.S.C. 1311 or 1555)

or an agent of such person;

(B) a common or contract carrier transporting the cigarettes

involved under a proper bill of lading or freight bill which

states the quantity, source, and destination of such

cigarettes;

(C) a person -

(i) who is licensed or otherwise authorized by the State

where the cigarettes are found to account for and pay

cigarette taxes imposed by such State; and

(ii) who has complied with the accounting and payment

requirements relating to such license or authorization with

respect to the cigarettes involved; or

(D) an officer, employee, or other agent of the United States

or a State, or any department, agency, or instrumentality of

the United States or a State (including any political

subdivision of a State) having possession of such cigarettes in

connection with the performance of official duties;

(3) the term ''common or contract carrier'' means a carrier

holding a certificate of convenience and necessity, a permit for

contract carrier by motor vehicle, or other valid operating

authority under subtitle IV of title 49, or under equivalent

operating authority from a regulatory agency of the United States

or of any State;

(4) the term ''State'' means a State of the United States, the

District of Columbia, the Commonwealth of Puerto Rico, or the

Virgin Islands; and

(5) the term ''Attorney General'' means the Attorney General of

the United States (FOOTNOTE 1)

(FOOTNOTE 1) So in original. Probably should be followed by a

period.

-SOURCE-

(Added Pub. L. 95-575, Sec. 1, Nov. 2, 1978, 92 Stat. 2463; amended

Pub. L. 97-449, Sec. 5(c), Jan. 12, 1983, 96 Stat. 2442; Pub. L.

99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 107-296,

title XI, Sec. 1112(i)(1), Nov. 25, 2002, 116 Stat. 2277.)

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REFERENCES IN TEXT

Chapter 52 of the Internal Revenue Code of 1986, referred to in

par. (2)(A), is classified generally to chapter 52 (Sec. 5701 et

seq.) of Title 26, Internal Revenue Code.

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AMENDMENTS

2002 - Par. (5). Pub. L. 107-296 added par. (5) and struck out

former par. (5) which read as follows: ''the term 'Secretary' means

the Secretary of the Treasury.''

1986 - Par. (2)(A). Pub. L. 99-514 substituted ''Internal Revenue

Code of 1986'' for ''Internal Revenue Code of 1954''.

1983 - Par. (3). Pub. L. 97-449 substituted ''subtitle IV of

title 49'' for ''the Interstate Commerce Act''.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,

2002, see section 4 of Pub. L. 107-296, set out as an Effective

Date note under section 101 of Title 6, Domestic Security.

EFFECTIVE DATE

Section 4 of Pub. L. 95-575 provided:

''(a) Except as provided in subsection (b), this Act (enacting

this chapter, amending section 1961 of this title and sections 781

and 787 of former Title 49, Transportation, and enacting provisions

set out as a note under this section) shall take effect on the date

of its enactment (Nov. 2, 1978).

''(b) Sections 2342(b) and 2343 of title 18, United States Code

as enacted by the first section of this Act, shall take effect on

the first day of the first month beginning more than 120 days after

the date of the enactment of this Act (Nov. 2, 1978).''

AUTHORIZATION OF APPROPRIATIONS

Section 5 of Pub. L. 95-575 provided that: ''There are hereby

authorized to be appropriated such sums as may be necessary to

carry out the provisions of chapter 114 of title 18, United States

Code, added by the first section of this Act.''

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1961 of this title.

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18 USC Sec. 2342 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 114 - TRAFFICKING IN CONTRABAND CIGARETTES

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Sec. 2342. Unlawful acts

-STATUTE-

(a) It shall be unlawful for any person knowingly to ship,

transport, receive, possess, sell, distribute, or purchase

contraband cigarettes.

(b) It shall be unlawful for any person knowingly to make any

false statement or representation with respect to the information

required by this chapter to be kept in the records of any person

who ships, sells, or distributes any quantity of cigarettes in

excess of 60,000 in a single transaction.

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(Added Pub. L. 95-575, Sec. 1, Nov. 2, 1978, 92 Stat. 2464.)

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EFFECTIVE DATE

Subsec. (a) of this section effective Nov. 2, 1978, and subsec.

(b) of this section effective on first day of first month beginning

more than 120 days after Nov. 2, 1978, see section 4 of Pub. L.

95-575, set out as a note under section 2341 of this title.

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1961, 2344 of this title.

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18 USC Sec. 2343 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 114 - TRAFFICKING IN CONTRABAND CIGARETTES

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Sec. 2343. Recordkeeping and inspection

-STATUTE-

(a) Any person who ships, sells, or distributes any quantity of

cigarettes in excess of 60,000 in a single transaction shall

maintain such information about the shipment, receipt, sale, and

distribution of cigarettes as the Attorney General may prescribe by

rule or regulation. The Attorney General may require such person

to keep only -

(1) the name, address, destination (including street address),

vehicle license number, driver's license number, signature of the

person receiving such cigarettes, and the name of the purchaser;

(2) a declaration of the specific purpose of the receipt

(personal use, resale, or delivery to another); and

(3) a declaration of the name and address of the recipient's

principal in all cases when the recipient is acting as an agent.

Such information shall be contained on business records kept in the

normal course of business. Nothing contained herein shall

authorize the Attorney General to require reporting under this

section.

(b) Upon the consent of any person who ships, sells, or

distributes any quantity of cigarettes in excess of 60,000 in a

single transaction, or pursuant to a duly issued search warrant,

the Attorney General may enter the premises (including places of

storage) of such person for the purpose of inspecting any records

or information required to be maintained by such person under this

chapter, and any cigarettes kept or stored by such person at such

premises.

-SOURCE-

(Added Pub. L. 95-575, Sec. 1, Nov. 2, 1978, 92 Stat. 2464; amended

Pub. L. 107-296, title XI, Sec. 1112(i)(2), Nov. 25, 2002, 116

Stat. 2277.)

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AMENDMENTS

2002 - Pub. L. 107-296 substituted ''Attorney General'' for

''Secretary'' wherever appearing.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,

2002, see section 4 of Pub. L. 107-296, set out as an Effective

Date note under section 101 of Title 6, Domestic Security.

EFFECTIVE DATE

Section effective on first day of first month beginning more than

120 days after Nov. 2, 1978, see section 4 of Pub. L. 95-575, set

out as a note under section 2341 of this title.

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1961, 2344, 2346 of this

title.

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18 USC Sec. 2344 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 114 - TRAFFICKING IN CONTRABAND CIGARETTES

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Sec. 2344. Penalties

-STATUTE-

(a) Whoever knowingly violates section 2342(a) of this title

shall be fined under this title or imprisoned not more than five

years, or both.

(b) Whoever knowingly violates any rule or regulation promulgated

under section 2343(a) or 2346 of this title or violates section

2342(b) of this title shall be fined under this title or imprisoned

not more than three years, or both.

(c) Any contraband cigarettes involved in any violation of the

provisions of this chapter shall be subject to seizure and

forfeiture, and all provisions of the Internal Revenue Code of 1986

relating to the seizure, forfeiture, and disposition of firearms,

as defined in section 5845(a) of such Code, shall, so far as

applicable, extend to seizures and forfeitures under the provisions

of this chapter.

-SOURCE-

(Added Pub. L. 95-575, Sec. 1, Nov. 2, 1978, 92 Stat. 2464; amended

Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L.

103-322, title XXXIII, Sec. 330016(1)(K), (S), Sept. 13, 1994, 108

Stat. 2147, 2148.)

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REFERENCES IN TEXT

The Internal Revenue Code of 1986, referred to in subsec. (c), is

classified generally to Title 26, Internal Revenue Code.

Section 5845(a) of the Internal Revenue Code of 1986, referred to

in subsec. (c), is classified to section 5845(a) of Title 26.

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AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-322, Sec. 330016(1)(S),

substituted ''fined under this title'' for ''fined not more than

$100,000''.

Subsec. (b). Pub. L. 103-322, Sec. 330016(1)(K), substituted

''fined under this title'' for ''fined not more than $5,000''.

1986 - Subsec. (c). Pub. L. 99-514 substituted ''Internal Revenue

Code of 1986'' for ''Internal Revenue Code of 1954''.

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1961 of this title.

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18 USC Sec. 2345 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 114 - TRAFFICKING IN CONTRABAND CIGARETTES

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Sec. 2345. Effect on State law

-STATUTE-

(a) Nothing in this chapter shall be construed to affect the

concurrent jurisdiction of a State to enact and enforce cigarette

tax laws, to provide for the confiscation of cigarettes and other

property seized for violation of such laws, and to provide for

penalties for the violation of such laws.

(b) Nothing in this chapter shall be construed to inhibit or

otherwise affect any coordinated law enforcement effort by a number

of States, through interstate compact or otherwise, to provide for

the administration of State cigarette tax laws, to provide for the

confiscation of cigarettes and other property seized in violation

of such laws, and to establish cooperative programs for the

administration of such laws.

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(Added Pub. L. 95-575, Sec. 1, Nov. 2, 1978, 92 Stat. 2465.)

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1961 of this title.

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18 USC Sec. 2346 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 114 - TRAFFICKING IN CONTRABAND CIGARETTES

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Sec. 2346. Enforcement and regulations

-STATUTE-

The Attorney General, subject to the provisions of section

2343(a) of this title, shall enforce the provisions of this chapter

and may prescribe such rules and regulations as he deems reasonably

necessary to carry out the provisions of this chapter.

-SOURCE-

(Added Pub. L. 95-575, Sec. 1, Nov. 2, 1978, 92 Stat. 2465; amended

Pub. L. 107-296, title XI, Sec. 1112(i)(2), Nov. 25, 2002, 116

Stat. 2277.)

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AMENDMENTS

2002 - Pub. L. 107-296 substituted ''Attorney General'' for

''Secretary''.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,

2002, see section 4 of Pub. L. 107-296, set out as an Effective

Date note under section 101 of Title 6, Domestic Security.

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1961, 2344 of this title.

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