18 U.S.C. § 2341 — Definitions

Page 611 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2341 1 So in original. Probably should be ‘‘a manufacturer’’. (Added Pub. L. 103–236, title V, § 506(a), Apr. 30, 1994, 108 Stat. 464.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the later of Apr. 30, 1994, or the date on which the United States has become a party to the Convention Against Torture and Other Cruel, Inhu- man or Degrading Treatment or Punishment (Nov. 20, 1994), see section 506(c) of Pub. L. 103–236, set out as a note under section 2340 of this title. CHAPTER 114—TRAFFICKING IN CONTRA- BAND CIGARETTES AND SMOKELESS TO- BACCO Sec. 2341. Definitions. 2342. Unlawful acts. 2343. Recordkeeping, reporting, and inspection. 2344. Penalties. 2345. Effect on State and local law. 2346. Enforcement and regulations. Editorial Notes AMENDMENTS 2006—Pub. L. 109–177, title I, § 121(g)(3), (4)(A), Mar. 9, 2006, 120 Stat. 224, substituted ‘‘TRAFFICKING IN CON- TRABAND CIGARETTES AND SMOKELESS TO- BACCO’’ for ‘‘TRAFFICKING IN CONTRABAND CIGA- RETTES’’ in chapter heading, added items 2343 and 2345, and struck out former items 2343 ‘‘Recordkeeping and inspection’’ and 2345 ‘‘Effect on State law’’. § 2341. Definitions 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 sub- stance 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, con- sumers as a cigarette described in subpara- graph (A); (2) the term ‘‘contraband cigarettes’’ means a quantity in excess of 10,000 cigarettes, which bear no evidence of the payment of applicable State or local cigarette taxes in the State or locality where such cigarettes are found, if the State or local government 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 pursu- ant to chapter 52 of the Internal Revenue Code of 1986 as a manufacturer of tobacco products or as an export warehouse propri- etor, 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 trans- porting the cigarettes involved under a prop- er 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 author- ized 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 account- ing 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 depart- ment, agency, or instrumentality of the United States or a State (including any po- litical subdivision of a State) having posses- sion 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 con- venience and necessity, a permit for contract carrier by motor vehicle, or other valid oper- ating 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; (5) the term ‘‘Attorney General’’ means the Attorney General of the United States; (6) the term ‘‘smokeless tobacco’’ means any finely cut, ground, powdered, or leaf tobacco that is intended to be placed in the oral or nasal cavity or otherwise consumed without being combusted; (7) the term ‘‘contraband smokeless to- bacco’’ means a quantity in excess of 500 sin- gle-unit consumer-sized cans or packages of smokeless tobacco, or their equivalent, that are in the possession of any person other than— (A) a person holding a permit issued pursu- ant to chapter 52 of the Internal Revenue Code of 1986 as manufacturer 1 of tobacco products or as an export warehouse propri- etor, a person operating a customs bonded warehouse pursuant to section 311 or 555 of the Tariff Act of 1930 (19 U.S.C. 1311, 1555), or an agent of such person; (B) a common carrier transporting such smokeless tobacco under a proper bill of lad- ing or freight bill which states the quantity, source, and designation of such smokeless tobacco; (C) a person who— (i) is licensed or otherwise authorized by the State where such smokeless tobacco is found to engage in the business of selling or distributing tobacco products; and (ii) has complied with the accounting, tax, and payment requirements relating to such license or authorization with respect to such smokeless tobacco; or (D) an officer, employee, or 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 Page 612 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2342 2 So in original. The semicolon probably should be a period. such smokeless tobacco in connection with the performance of official duties; 2 (Added Pub. L. 95–575, § 1, Nov. 2, 1978, 92 Stat. 2463; amended Pub. L. 97–449, § 5(c), Jan. 12, 1983, 96 Stat. 2442; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 107–296, title XI, § 1112(i)(1), Nov. 25, 2002, 116 Stat. 2277; Pub. L. 109–177, title I, § 121(a)(1), (b)(1), (6), Mar. 9, 2006, 120 Stat. 221, 222.) Editorial Notes REFERENCES IN TEXT Chapter 52 of the Internal Revenue Code of 1986, re- ferred to in pars. (2)(A) and (7)(A), is classified gen- erally to chapter 52 (§ 5701 et seq.) of Title 26, Internal Revenue Code. AMENDMENTS 2006—Par. (2). Pub. L. 109–177, § 121(b)(6), which di- rected amendment of par. (2) by substituting ‘‘State or local cigarette taxes in the State or locality where such cigarettes are found, if the State or local govern- ment’’ for ‘‘State cigarette taxes in the State where such cigarettes are found, if the State’’ in introductory provisions, was executed by making the substitution for ‘‘State cigarette taxes in the State where such ciga- rettes are found, if such State’’, to reflect the probable intent of Congress. Pub. L. 109–177, § 121(a)(1), substituted ‘‘10,000 ciga- rettes’’ for ‘‘60,000 cigarettes’’ in introductory provi- sions. Pars. (6), (7). Pub. L. 109–177, § 121(b)(1), added pars. (6) and (7). 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’’. Statutory Notes and Related Subsidiaries 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, Do- mestic Security. EFFECTIVE DATE Pub. L. 95–575, § 4, Nov. 2, 1978, 92 Stat. 2466, 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, Trans- portation, 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 Pub. L. 95–575, § 5, Nov. 2, 1978, 92 Stat. 2466, provided that: ‘‘There are hereby authorized to be appropriated such sums as may be necessary to carry out the provi- sions of chapter 114 of title 18, United States Code, added by the first section of this Act.’’ § 2342. Unlawful acts (a) It shall be unlawful for any person know- ingly to ship, transport, receive, possess, sell, distribute, or purchase contraband cigarettes or contraband smokeless tobacco. (b) It shall be unlawful for any person know- ingly to make any false statement or represen- tation with respect to the information required by this chapter to be kept in the records of any person who ships, sells, or distributes any quan- tity of cigarettes in excess of 10,000 in a single transaction. (Added Pub. L. 95–575, § 1, Nov. 2, 1978, 92 Stat. 2464; amended Pub. L. 109–177, title I, § 121(a)(2), (b)(2), Mar. 9, 2006, 120 Stat. 221, 222.) Editorial Notes AMENDMENTS 2006—Subsec. (a). Pub. L. 109–177, § 121(b)(2), inserted ‘‘or contraband smokeless tobacco’’ after ‘‘contraband cigarettes’’. Subsec. (b). Pub. L. 109–177, § 121(a)(2), substituted ‘‘10,000’’ for ‘‘60,000’’. Statutory Notes and Related Subsidiaries 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. § 2343. Recordkeeping, reporting, and inspection (a) Any person who ships, sells, or distributes any quantity of cigarettes in excess of 10,000, or any quantity of smokeless tobacco in excess of 500 single-unit consumer-sized cans or packages, in a single transaction shall maintain such in- formation about the shipment, receipt, sale, and distribution of cigarettes as the Attorney Gen- eral may prescribe by rule or regulation. The Attorney General may require such person to keep such information as the Attorney General considers appropriate for purposes of enforce- ment of this chapter, including— (1) the name, address, destination (including street address), vehicle license number, driv- er’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. (b) Any person, except for a tribal govern- ment, who engages in a delivery sale, and who ships, sells, or distributes any quantity in excess of 10,000 cigarettes, or any quantity in excess of 500 single-unit consumer-sized cans or packages of smokeless tobacco, or their equivalent, with- in a single month, shall submit to the Attorney General, pursuant to rules or regulations pre- scribed by the Attorney General, a report that sets forth the following: (1) The person’s beginning and ending inven- tory of cigarettes and cans or packages of smokeless tobacco (in total) for such month. (2) The total quantity of cigarettes and cans or packages of smokeless tobacco that the per-