2002 US Code
Title 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 114 - TRAFFICKING IN CONTRABAND CIGARETTES
Sec. 2343 - Recordkeeping and inspection

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Metadata
Publication TitleUnited States Code, 2000 Edition, Supplement 2, Title 18 - CRIMES AND CRIMINAL PROCEDURE
CategoryBills and Statutes
CollectionUnited States Code
SuDoc Class NumberY 1.2/5:
Contained WithinTitle 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 114 - TRAFFICKING IN CONTRABAND CIGARETTES
Sec. 2343 - Recordkeeping and inspection
Containssection 2343
Date2002
Laws in Effect as of DateJanuary 6, 2003
Positive LawYes
Dispositionstandard
Source CreditAdded Pub. L. 95-575, §1, Nov. 2, 1978, 92 Stat. 2464; amended Pub. L. 107-296, title XI, §1112(i)(2), Nov. 25, 2002, 116 Stat. 2277.
Statutes at Large References92 Stat. 2464
116 Stat. 2277
Public Law ReferencesPublic Law 95-575, Public Law 107-296


§2343. Recordkeeping and inspection

(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.

(Added Pub. L. 95–575, §1, Nov. 2, 1978, 92 Stat. 2464; amended Pub. L. 107–296, title XI, §1112(i)(2), Nov. 25, 2002, 116 Stat. 2277.)

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.

Section Referred to in Other Sections

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

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