Current through Register Vol. 48, No. 12, March 22, 2024
a) No later than
April 30 of each year, on paper or electronic forms provided by the AGO, every
tobacco product manufacturer whose cigarettes or RYO tobacco were sold in
Illinois during the preceding calendar year shall execute and deliver to the
AGO a certification acknowledging under penalty of perjury that:
1) as of the date of the certification, the
tobacco product manufacturer is a participating manufacturer or an
NPM;
2) if it is a participating
manufacturer, it has generally performed its financial obligations under the
MSA;
3) if it is an NPM, it is in
full compliance with the Escrow Act and the Escrow Enforcement Act.
b) The certification of a
participating manufacturer shall include:
1)
a list of its brand families, which list shall be updated 30 days prior to any
addition to or modification of its brand families by executing and delivering a
supplemental certification to the AGO;
2) that the brand family is deemed to be its
cigarettes for purposes of calculating payments under the MSA in the volume and
shares determined pursuant to the MSA.
c) The certification of an NPM shall include:
1) a complete list of all of its brand
families, which list shall be updated 30 days prior to any addition to or
modification of its brand families by executing a supplemental certification to
the AGO, and the number of units sold for each brand family in Illinois during
the preceding calendar year;
2)
that the brand family is deemed to be its cigarettes for purposes of Section 15
of the Escrow Act;
3) a complete
list of all of its brand families that have been sold in Illinois during the
current calendar year;
4) a
complete list of all of its brand families that were sold in Illinois during
the preceding year that are no longer being sold in Illinois as of the date of
the certification;
5) the name and
address of any other manufacturer in the preceding calendar year of a brand
family for which certification is sought;
6) that it is registered to do business in
Illinois or has appointed a registered agent for service of process and
provided notice thereof as required by Section 20 of the Escrow Enforcement
Act;
7) that it has established,
continues to maintain, and has fully funded a qualified escrow account pursuant
to Section 15 of the Escrow Act;
8)
that it has executed a qualified escrow agreement that has been reviewed and
approved by the AGO;
9) the name,
address and telephone number of the financial institution where the NPM has
established its escrow account;
10)
the account number of the escrow account, and the sub-account number for
Illinois;
11) the amount the NPM
deposited into the escrow account for cigarettes sold in Illinois during the
preceding calendar year, including the dates and amounts of each deposit, and
evidence thereof;
12) the dates and
amounts of any withdrawal or transfer from any escrow account established,
maintained, or funded by the NPM;
13) that it is otherwise in full compliance
with the Escrow Act and the Escrow Enforcement Act as well as any regulations,
including all quarterly installment payments.
d) All records, invoices and documentation
relied upon for certification shall be maintained by a TPM for at least 5
years.
e) Participating
manufacturers and NPMs shall provide any additional information requested by
the AGO including, but not limited to, samples of packaging, labeling of each
brand family, contracts to manufacture a brand family and proof of first
importer status under the MSA.