article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Worldwide Tobacco Disclosure Act of 1997''. SEC. 2. DEFINITIONS. In this Act: (1) Cigarette.--The term ``cigarette'' means-- (A) any roll of tobacco wrapped in paper or in any substance not containing tobacco which is to be burned, (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), (C) little cigars which are any roll of tobacco wrapped in leaf tobacco or any substance containing tobacco (other than any roll of tobacco which is a cigarette within the meaning of subparagraph (A)) and as to which 1000 units weigh not more than 3 pounds, and (D) loose rolling tobacco and papers or tubes used to contain such tobacco. (2) Domestic concern.--The term ``domestic concern'' means-- (A) any individual who is a citizen, national, or resident of the United States; and (B) any corporation, partnership, association, joint-stock company, business trust, unincorporated organization, or sole proprietorship which has its principal place of business in the United States, or which is organized under the laws of a State of the United States or a territory, possession, or commonwealth of the United States. (3) Nondiscriminatory law or regulation.--The term ``nondiscriminatory law or regulation'' means a law or regulation of a foreign country that adheres to the principle of national treatment and applies no less favorable treatment to goods that are imported into that country than it applies to like goods that are the product, growth, or manufacture of that country. (4) Package.--The term ``package'' means a pack, box, carton, or other container of any kind in which cigarettes or other tobacco products are offered for sale, sold, or otherwise distributed to customers. (5) Sale or distribution.--The term ``sale or distribution'' includes sampling or any other distribution not for sale. (6) State.--The term ``State'' includes, in addition to the 50 States, the District of Columbia, Guam, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the Virgin Islands, American Samoa, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau. (7) Tobacco product.--The term ``tobacco product'' means-- (A) cigarettes; (B) little cigars; (C) cigars as defined in section 5702 of the Internal Revenue Code of 1986; (D) pipe tobacco; (E) loose rolling tobacco and papers used to contain such tobacco; (F) products referred to as spit tobacco; and (G) any other form of tobacco intended for human use or consumption. (8) United states.--The term ``United States'' includes the States and installations of the Armed Forces of the United States located outside a State. SEC. 3. RESTRICTIONS ON NEGOTIATIONS REGARDING FOREIGN LAWS REGULATING TOBACCO PRODUCTS. No funds appropriated by law may be used by any officer, employee, department, or agency of the United States-- (1) to seek, through negotiation or otherwise, the removal or reduction by any foreign country of any nondiscriminatory law or regulation, or any proposed nondiscriminatory law or regulation, in that country that restricts the advertising, manufacture, packaging, taxation, sale, importation, labeling, or distribution of tobacco products; or (2) to encourage or promote the export, advertising, manufacture, sale, or distribution of tobacco products. SEC. 4. CIGARETTE EXPORT LABELING. (a) Labeling Requirements for Export of Cigarettes.-- (1) In general.--It shall be unlawful for any domestic concern to export from the United States, or to sell or distribute in, or export from, any other country, any cigarettes whose package does not contain a warning label that-- (A) complies with Federal labeling requirements for cigarettes manufactured, imported, or packaged for sale or distribution within the United States; and (B) is in the primary language of the country in which the cigarettes are intended for consumption. (2) Labeling format.--Federal labeling format requirements shall apply to a warning label described in paragraph (1) in the same manner, and to the same extent, as such requirements apply to cigarettes manufactured, imported, or packaged for sale or distribution within the United States. (3) Rotation of labeling.--Federal rotation requirements for warning labels shall apply to a warning label described in paragraph (1) in the same manner, and to the same extent, as such requirements apply to cigarettes manufactured, imported, or packaged for sale or distributed within the United States. (4) Waivers.-- (A) In general.--The President may waive the labeling requirements required by this Act for cigarettes, if the cigarettes are exported to a foreign country included in the list described in subparagraph (B) and if that country is the country in which the cigarettes are intended for consumption. A waiver under this subparagraph shall be in effect prior to the exportation of any cigarettes not in compliance with the requirements of this section by a person to a foreign country included in the list. (B) List of eligible countries for waiver.-- (i) In general.--Not later than 90 days after the date of enactment of this Act, the President shall develop and publish in the Federal Register a list of foreign countries that have in effect requirements for the labeling of cigarette packages substantially similar to or more stringent than the requirements for labeling of cigarette packages set forth in paragraphs (1) through (3). The President shall use the list to grant a waiver under subparagraph (A). (ii) Update of list.--The President shall-- (I) update the list described in clause (i) to include a foreign country on the list if the country meets the criteria described in clause (i), or to remove a foreign country from the list if the country fails to meet the criteria; and (II) publish the updated list in the Federal Register. (b) Penalties.-- (1) Fine.--Any person who violates the provisions of subsection (a) shall be fined not more than $100,000 per day for each such violation. Any person who knowingly reexports from or transships cigarettes through a foreign country included in the list described in subsection (a)(4)(B) to avoid the requirements of this Act shall be fined not more than $150,000 per day for each such occurrence. (2) Injunction proceedings.--The district courts of the United States shall have jurisdiction, for cause shown, to prevent and restrain violations of subsection (a) upon the application of the Attorney General of the United States. (c) Repeal.--Section 12 of the Federal Cigarette Labeling and Advertising Act (15 U.S.C. 1340) is repealed. (d) Regulatory Authority.--Not later than 90 days after the date of enactment of this Act, the President shall promulgate such regulations and orders as may be necessary to carry out this section. (e) Effective Date.--The provisions of subsections (a) through (c) shall take effect upon the effective date of the regulations promulgated under subsection (d).
summary: Worldwide Tobacco Disclosure Act of 1997 - Prohibits the use of appropriated funds by any U.S. employee, department, or agency to: (1) seek, through negotiation or otherwise, the removal or reduction by any foreign country of any nondiscriminatory law that restricts the advertising, manufacture, packaging, taxation, sale, importation, labeling, or distribution of tobacco products; or (2) promote the export, advertising, manufacture, sale, or distribution of tobacco products. Makes it unlawful to export from the United States, or to sell or distribute in, or export from, any other country, any cigarettes whose package does not contain a warning label (including Federal labeling format and Federal rotation requirements) that: (1) complies with Federal labeling requirements for cigarettes manufactured, imported, or packaged for sale or distribution within the United States; and (2) is in the primary language of the country in which the cigarettes are intended for consumption. Authorizes the President to waive such prohibition if the importing country has similar or more stringent labeling requirements. Sets forth penalties for violation of this Act.