§ 2343. — Recordkeeping and inspection.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC2343]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 114--TRAFFICKING IN CONTRABAND CIGARETTES
Sec. 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, 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.)
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.
