993 
‘‘(4) the term ‘owner’, with respect to a trade 
secret, means the person or entity in whom or in 
which rightful legal or equitable title to, or license 
in, the trade secret is reposed. 
‘‘SUBCHAPTER D—TRAFFICKING IN 
CONTRABAND CIGARETTES 
‘‘1411. Definitions. 
‘‘1412. Unlawful Acts. 
‘‘1413. Recordkeeping, reporting, and inspection. 
‘‘1414. Penalties. 
‘‘1415. Enforcement and regulations. 
‘‘§ 1411. 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 
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 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 gov-
ernment requires a stamp, impression, or other indi-
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cation 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 pur-
suant 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 ware-
house pursuant to section 311 or 555 of the 
Tariff Act of 1930 or an agent of such person; 
‘‘(B) a common or contract carrier trans-
porting the cigarettes involved under a proper 
bill of lading or freight bill which states the 
quantity, source, and destination of such ciga-
rettes; 
‘‘(C) a person— 
‘‘(i) who is licensed or otherwise au-
thorized 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 ac-
counting and payment requirements relat-
ing to such license or authorization with 
respect to the cigarettes involved; or 
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‘‘(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 political sub-
division 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 sub-
title IV of title 49, or under equivalent operating au-
thority from a regulatory agency of the United 
States or of any State; 
‘‘(4) the term ‘Attorney General’ means the At-
torney General of the United States; 
‘‘(5) 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; 
‘‘(6) the term ‘contraband smokeless tobacco’ 
means a quantity in excess of 500 single-unit con-
sumer-sized cans or packages of smokeless tobacco, 
or their equivalent, that are in the possession of any 
person other than— 
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‘‘(A) a person holding a permit issued pur-
suant to chapter 52 of the Internal Revenue 
Code of 1986 as manufacturer of tobacco prod-
ucts or as an export warehouse proprietor, a 
person operating a customs bonded warehouse 
pursuant to section 311 or 555 of the Tariff 
Act of 1930, or an agent of such person; 
‘‘(B) a common carrier transporting such 
smokeless tobacco under a proper bill of lading 
or freight bill which states the quantity, source, 
and designation of such smokeless tobacco; 
‘‘(C) a person who— 
‘‘(i) is licensed or otherwise author-
ized by the State where such smokeless to-
bacco is found to engage in the business of 
selling or distributing tobacco products; 
and 
‘‘(ii) has complied with the account-
ing, tax, and payment requirements relat-
ing 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 
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a State), having possession of such smokeless 
tobacco in connection with the performance of 
official duties. 
‘‘§ 1412. Unlawful Acts 
‘‘It shall be unlawful for any person knowingly to 
ship, transport, receive, possess, sell, distribute, or pur-
chase contraband cigarettes or contraband smokeless to-
bacco. 
‘‘§ 1413. Recordkeeping, reporting, and inspection 
‘‘(a) RECORDKEEPING.—Whoever ships, sells, or dis-
tributes 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 trans-
action shall maintain such information about the ship-
ment, 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 such 
information as the Attorney General considers appropriate 
for purposes of enforcement of this subchapter, includ-
ing— 
‘‘(1) the name, address, destination (including 
street address), vehicle license number, driver’s li-
cense number, signature of the person receiving such 
cigarettes, and the name of the purchaser; 
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