(3) WAIVERS.—The President may waive the
prohibition contained in paragraph (1) or (2) if the
President determines that the country in which the
exported cigarettes or smokeless tobacco product are
intended for consumption has in effect requirements
for labeling of cigarette packages or smokeless to-
bacco product packages substantially similar to or
more stringent than those set forth in section 4 of
the Federal Cigarette Labeling and Advertising Act
or section 3 of the Comprehensive Smokeless To-
bacco Health Education Act of 1986. The President
shall publish in the Federal Register all waivers
granted under this paragraph.
(b) LABEL STATEMENTS REQUIRED FOR ADVERTIS-
ING ABROAD.—
(1) REQUIREMENTS FOR CIGARETTES.—It shall
be unlawful for any person subject to the jurisdiction
of the United States, either directly or through a
foreign subsidiary or agent of that person, to adver-
tise or cause to be advertised abroad any cigarette
unless the advertising contains the label statements,
in the same language as the advertising message, re-
quired for advertising under section 4 of the Federal
Cigarette Labeling and Advertising Act.
(2) SMOKELESS TOBACCO REQUIREMENTS.—It
shall be unlawful for any person subject to the juris-
diction of the United States, either directly or
through a foreign subsidiary or agent of that person,
to advertise or cause to be advertised abroad any
smokeless tobacco product unless the labeling con-
tains the label statements, in the same language as
the advertising message, required for advertising by
section 3 of the Comprehensive Smokeless Tobacco
Health Education Act of 1986.
(3) WAIVER.—The President may waive the
prohibition contained in paragraph (1) or (2) with
respect to a country in which the advertising is car-
ried out if the President determines that the country
has in effect requirements for advertising of ciga-
rettes or smokeless tobacco products substantially
similar to or more stringent than those set forth in
section 4 of the Federal Cigarette Labeling and Ad-
vertising Act or section 3 of the Comprehensive
Smokeless Tobacco Health Education Act of 1986.
The President shall publish in the Federal Register
all waivers granted under this paragraph.
SEC. 3. PENALTIES.
(a) FINE.—Any person who violates the provisions of
section 2 shall be fined not more than $100,000.
(b) INJUNCTION PROCEEDINGS.—The district courts
of the United States shall have jurisdiction, for cause
shown, to prevent and restrain violations of section 2 upon
the application of the Attorney General of the United
States.
SEC. 4. REPEAL.
Section 12 of the Federal Cigarette Labeling and Ad-
vertising Act (15 U.S.C. 1340) is repealed.
SEC. 5. RESTRICTIONS ON ACTIVITIES ABROAD REGARD-
ING THE MARKETING OF TOBACCO PROD-
UCTS.
(a) PROHIBITION.—No funds appropriated by law
may be used by any officer, employee, department, or
agency of the United States or of any State or local gov-
ernment—
(1) to seek, through negotiation or otherwise,
the removal or reduction by any foreign country of
any restrictions which that country imposes or may
impose on the advertising, manufacture, packaging,
taxation, or sale or distribution of cigarettes, little
cigars, snuff, chewing tobacco, or smokeless tobacco,
that is produced in that foreign country; or
(2) to promote the export of cigarettes, little ci-
gars, snuff, chewing tobacco, or smokeless tobacco
to, or the sale or distribution of cigarettes, little ci-
gars, snuff, chewing tobacco, or smokeless tobacco
in, any foreign country.
(b) EXPORT PROMOTION ACTIVITIES.—For purposes
of this section, the term ‘‘promote the export of cigarettes,
little cigars, snuff, chewing tobacco, or smokeless tobacco’’
includes any activity designed to stimulate or assist United
States businesses in marketing those products abroad
competitively with businesses from other countries, includ-
ing, but not limited to—
(1) trade development and dissemination of for-
eign marketing opportunities and other marketing
information to United States producers of those
products, including the expansion of foreign markets
for those products;
(2) the development of regional and multilateral
economic policies that enhance United States trade
and investment interests in such products, and the
provision of marketing services with respect to for-
eign countries and regions; and
(3) the exhibition of such products in other
countries.
SEC. 6. COMPOSITION OF SECTION 301 COMMITTEE.
Any interagency committee established to assist the
United States Trade Representative in performing the
functions vested in the Trade Representative under section
301 of the Trade Act of 1974, shall include, with respect
to any case under such section 301 that involves ciga-
rettes, little cigars, snuff, chewing tobacco, or smokeless
tobacco, representatives of the Department of Health and
Human Services.
SEC. 7. INTERNATIONAL CONFERENCE ON TOBACCO USE.
It is the sense of the Congress that the President
should urge the United Nations, acting through the
United States Permanent Representative to the United
Nations, to create a United Nations Conference to address
the use of tobacco worldwide and to implement regulations
to decrease the use of tobacco.
SEC. 8. REGULATORY AUTHORITY.
The President may issue such regulations and orders
as may be necessary to carry out this Act.
SEC. 9. DEFINITIONS.
For purposes of this Act:
(1) CIGARETTE.—The term ‘‘cigarette’’, ‘‘Unit-
ed States’’, ‘‘package’’, and ‘‘sale or distribution’’,
have the meanings given those terms in section 3 of
the Federal Cigarette Labeling and Advertising Act
(15 U.S.C. 1332).
(2) FOREIGN SUBSIDIARY.—A person is a ‘‘for-
eign subsidiary’’ of another person if that person is
located outside the United States or is organized
under the laws of a foreign country, and that person
is directly or indirectly owned or controlled by that
other person to the extent of 10 percent or more of
its voting stock (in the case of an incorporated en-
terprise) or an equivalent interest (in the case of an
unincorporated enterprise), and such term includes a
branch of that other person.
(3) SMOKELESS TOBACCO.—The term ‘‘smoke-
less tobacco’’ means any finely cut, ground, pow-
dered, or leaf tobacco that is intended to be placed
in the oral cavity.
Æ