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26 U.S.C. § 5066 — Distilled spirits for use of foreign embassies, legations, etc.

submitted 55 years ago by Pub. L. 91-659 to r/title-26-INTERNAL-REVENUE-CODE · 507 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section allows certain bottled distilled spirits to enter customs bonded warehouses and treats them as exported when they enter. It allows tax-free withdrawal for the official or family use of eligible foreign governments, organizations, and individuals, also allows domestic-use withdrawal treated as American goods exported and returned, and prohibits sale or unauthorized use of spirits brought in tax-free for the specified foreign use.

(a) Entry into customs bonded warehouses. (1) Bottled distilled spirits withdrawn from bonded premises. Under regulations prescribed by the Secretary, bottled distilled spirits may be withdrawn from “bonded premises” (a term this section does not define) under section 5214(a)(4) and transferred to “customs bonded warehouses” (a term this section does not define) where imported distilled spirits may be stored in bond. They may be entered there while waiting for withdrawal under subsection (b). For this chapter, withdrawing spirits under this paragraph is treated as withdrawing them for export. All laws that apply to spirits withdrawn for export under section 5214(a)(4) also apply to spirits withdrawn under this paragraph. (2) Bottled distilled spirits eligible for export with drawback. Under regulations prescribed by the Secretary, distilled spirits specially marked for export under section 5062(b) may be shipped to a customs bonded warehouse where imported distilled spirits may be stored. They may be entered there while waiting for withdrawal under subsection (b). This chapter applies to those spirits as if they were for export. “Drawback” is not defined by this section. (3) Time treated as exported. For this chapter, spirits entered into a customs bonded warehouse under this subsection are treated as exported when they are entered. (b) Withdrawal from customs bonded warehouses. Despite any other law, spirits entered into customs bonded warehouses under subsection (a) may be withdrawn under the Secretary’s regulations for consumption in the United States by, or for the official or family use of, foreign governments, organizations, and individuals who are entitled to withdraw imported distilled spirits from those warehouses tax-free. The spirits transferred under this section must be entered, stored, and accounted for in the warehouses under regulations and bonds prescribed by the Secretary. The governments, organizations, and individuals may withdraw the spirits tax-free under the same conditions and procedures that apply to imported distilled spirits. (c) Withdrawal for domestic use. Spirits entered into customs bonded warehouses as this section allows may be withdrawn for domestic use. If they are, they are treated as American goods that were exported and returned. (d) Sale or unauthorized use prohibited. Spirits withdrawn from customs bonded warehouses, or otherwise brought into the United States tax-free for the official or family use of foreign governments, organizations, or individuals authorized to obtain spirits tax-free, may not be sold. They also may not be disposed of or possessed for any use other than an “authorized use,” a term this section does not define. Section 5001(a)(4) applies to any person who sells, disposes of, or possesses spirits in violation of that rule, and applies to the spirits involved in the violation.

the actual law source: uscode.house.gov ↗public domain
(a) Entry into customs bonded warehouses
(1) Bottled distilled spirits withdrawn from bonded premises

Under such regulations as the Secretary may prescribe, bottled distilled spirits may be withdrawn from bonded premises as provided in section 5214(a)(4) for transfer to customs bonded warehouses in which imported distilled spirits are permitted to be stored in bond for entry therein pending withdrawal therefrom as provided in subsection (b). For the purposes of this chapter, the withdrawal of distilled spirits from bonded premises under the provisions of this paragraph shall be treated as a withdrawal for exportation and all provisions of law applicable to distilled spirits withdrawn for exportation under the provisions of section 5214(a)(4) shall apply with respect to spirits withdrawn under this paragraph.

(2) Bottled distilled spirits eligible for export with benefit of drawback

Under such regulations as the Secretary may prescribe, distilled spirits marked especially for export under the provisions of section 5062(b) may be shipped to a customs bonded warehouse in which imported distilled spirits are permitted to be stored, and entered in such warehouses pending withdrawal therefrom as provided in subsection (b), and the provisions of this chapter shall apply in respect of such distilled spirits as if such spirits were for exportation.

(3) Time deemed exported

For the purposes of this chapter, distilled spirits entered into a customs bonded warehouse as provided in this subsection shall be deemed exported at the time so entered.

(b) Withdrawal from customs bonded warehouses

Notwithstanding any other provisions of law, distilled spirits entered into customs bonded warehouses under the provisions of subsection (a) may, under such regulations as the Secretary may prescribe, be withdrawn from such warehouses for consumption in the United States by and for the official or family use of such foreign governments, organizations, and individuals who are entitled to withdraw imported distilled spirits from such warehouses free of tax. Distilled spirits transferred to customs bonded warehouses under the provisions of this section shall be entered, stored, and accounted for in such warehouses under such regulations and bonds as the Secretary may prescribe, and may be withdrawn therefrom by such governments, organizations, and individuals free of tax under the same conditions and procedures as imported distilled spirits.

(c) Withdrawal for domestic use

Distilled spirits entered into customs bonded warehouses as authorized by this section may be withdrawn therefrom for domestic use, in which event they shall be treated as American goods exported and returned.

(d) Sale or unauthorized use prohibited

No distilled spirits withdrawn from customs bonded warehouses or otherwise brought into the United States free of tax for the official or family use of such foreign governments, organizations, or individuals as are authorized to obtain distilled spirits free of tax shall be sold, or shall be disposed of or possessed for any use other than an authorized use. The provisions of section 5001(a)(4) are hereby extended and made applicable to any person selling, disposing of, or possessing any distilled spirits in violation of the preceding sentence, and to the distilled spirits involved in any such violation.

Source credit: (Added Pub. L. 91–659, § 3(a), Jan. 8, 1971, 84 Stat. 1965; amended Pub. L. 94–455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 95–176, § 2(d), Nov. 14, 1977, 91 Stat. 1364; Pub. L. 96–39, title VIII, § 807(a)(11), July 26, 1979, 93 Stat. 282; Pub. L. 98–369, div. A, title IV, § 454(c)(2), July 18, 1984, 98 Stat. 820; Pub. L. 115–141, div. U, title IV, § 401(a)(240), Mar. 23, 2018, 132 Stat. 1195.)

history & why it existsrecord from the source credit
  • 1971Enacted · Pub. L. 91-659 · 84 Stat. 1965
  • 1976Amended · Pub. L. 94-455 · 90 Stat. 1834
  • 1977Amended · Pub. L. 95-176 · 91 Stat. 1364
  • 1979Amended · Pub. L. 96-39 · 93 Stat. 282
  • 1984Amended · Pub. L. 98-369 · 98 Stat. 820
  • 2018Amended · Pub. L. 115-141 · 132 Stat. 1195

A history note hasn’t been published yet. The record shows enactment by Pub. L. 91-659 on 1971-01-08.

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