‘‘(2) REGULATIONS.—The Secretary shall pro-
mulgate regulations that determine the frequency 
and the amount of each bond that must be posted 
under paragraph (1), but in no case shall such 
amount be less than an amount equal to the tax im-
posed under this chapter on the value of the ship-
ment of the products involved if such products were 
consumed within the United States. 
‘‘(3) EXPORT.—For purposes of this subsection, 
property shall be treated as exported if it is shipped 
to a foreign country, Puerto Rico, the Virgin Is-
lands, or a possession of the United States, or for 
consumption beyond the jurisdiction of the internal 
revenue laws of the United States. 
‘‘(b) RETURN OF BOND.—The Secretary shall return 
a bond posted under subsection (a)— 
‘‘(1) upon a determination by the Secretary 
(based on documentation provided by the person who 
posted the bond in accordance with regulations pro-
mulgated by the Secretary) that the items to which 
the bond applies have been received in the country 
of final destination as designated in the bond, or 
‘‘(2) under such other circumstance as the Sec-
retary may specify.’’
(2) CLERICAL AMENDMENT.—The table of sec-
tions for such subchapter B is amended by adding 
at the end the following new item: 
‘‘Sec. 5714. Export bonds.’’. 
SEC. 103. WHOLESALERS REQUIRED TO HAVE PERMIT. 
Section 5712 (relating to application for permit) is 
amended by inserting ‘‘, wholesaler,’’ after ‘‘manufac-
turer’’. 
SEC. 104. CONDITIONS OF PERMIT. 
Subsection (a) of section 5713 (relating to issuance 
of permit) is amended to read as follows: 
‘‘(a) ISSUANCE.— 
‘‘(1) IN GENERAL.—A person shall not engage 
in business as a manufacturer, wholesaler, or im-
porter of tobacco products or as an export ware-
house proprietor without a permit to engage in such 
business. Such permit shall be issued in such form 
and in such manner as the Secretary shall by regula-
tion prescribe, to every person properly qualified 
under sections 5711 and 5712. A new permit may 
be required at such other time as the Secretary shall 
by regulation prescribe. 
‘‘(2) CONDITIONS.—The issuance of a permit 
under this section shall be conditioned upon the 
compliance with the requirements of— 
‘‘(A) this chapter,
‘‘(B) the Contraband Cigarette Trafficking 
Act (18 U.S.C. chapter 114), 
‘‘(C) the Act of October 19, 1949 (15 
U.S.C. chapter 10A), 
‘‘(D) any regulations issued pursuant to 
such statutes, and 
‘‘(E) any other federal laws or regulations 
relating to the taxation, sale, or transportation 
of tobacco products.’’. 
SEC. 105. RECORDS TO BE MAINTAINED. 
Section 5741 (relating to records to be maintained) 
is amended— 
(1) by inserting ‘‘(a) IN GENERAL.—’’ before 
‘‘Every manufacturer’’, 
(2) by inserting ‘‘every wholesaler,’’ after 
‘‘every importer,’’, 
(3) by striking ‘‘such records’’ and inserting 
‘‘records concerning the chain of custody of the to-
bacco products (including the foreign country of 
final destination for packages marked for export) 
and such other records’’, and 
(4) by adding at the end the following new sub-
section: 
‘‘(b) RETAILERS.—Retailers shall maintain records 
of receipt of tobacco products, and such records shall be
available to the Secretary for inspection and audit. An or-
dinary commercial record or invoice shall satisfy the re-
quirements of this subsection if such record shows the date 
of receipt, from whom tobacco products were received, and 
the quantity of tobacco products received. The preceding 
provisions of this subsection shall not be construed to limit 
or preclude other recordkeeping requirements imposed on 
any retailer.’’. 
SEC. 106. REPORTS. 
Section 5722 (relating to reports) is amended— 
(1) by inserting ‘‘(a) IN GENERAL.—’’ before 
‘‘Every manufacturer’’, and 
(2) by adding at the end the following new sub-
section: 
‘‘(b) REPORTS
BY EXPORT WAREHOUSE PROPRI-
ETORS.— 
‘‘(1) IN GENERAL.—Prior to exportation of to-
bacco products from the United States, the export 
warehouse proprietor shall submit a report (in such 
manner and form as the Secretary may by regula-
tion prescribe) to enable the Secretary to identify 
the shipment and assure that it reaches its intended 
destination. 
‘‘(2) AGREEMENTS
WITH
FOREIGN
GOVERN-
MENTS.—Notwithstanding section 6103 of this title,
the Secretary is authorized to enter into agreements 
with foreign governments to exchange or share infor-
mation contained in reports received from export 
warehouse proprietors of tobacco products if— 
‘‘(A) the Secretary believes that such 
agreement will assist in— 
‘‘(i) ensuring compliance with the pro-
visions of this chapter or regulations pro-
mulgated thereunder, or 
‘‘(ii) preventing or detecting violations 
of the provisions of this chapter or regula-
tions promulgated thereunder, and 
‘‘(B) the Secretary obtains assurances 
from such government that the information will 
be held in confidence and used only for the pur-
poses specified in clauses (i) and (ii) of sub-
paragraph (A). 
No information may be exchanged or shared with 
any government that has violated such assurances.’’. 
SEC. 107. FRAUDULENT OFFENSES. 
(a) IN GENERAL.—Subsection (a) of section 5762 
(relating to fraudulent offenses) is amended by striking 
paragraph (1) and redesignating paragraphs (2) through 
(6) as paragraphs (1) through (5), respectively.