(a) Exemption. — Any person who introduces articles to Puerto Rico to be exhibited in this Center or in the authorized areas of the District pursuant to the provisions of subsection (d) of this section, which are exempt from the payment of excise taxes pursuant to § 9033(a)(1) of Title 13, shall not have to post bond or any other guarantee of payment, and shall not have to pay the excise taxes or imposts provided in the Puerto Rico Internal Revenue Code of 1994, as amended, or any similar or successor law, at the time of their introduction to Puerto Rico.
(b) Sale. — No sale, assignment, exchange, or any other type of transfer in consideration may be carried out within the Center or in the authorized areas of the District pursuant to the provisions in subsection (d) of this section, of the articles contemplated in subsection (a) above, which are to be used or distributed in Puerto Rico, unless said transaction has been authorized in writing by an authorized official of the Department of the Treasury.
Any person who purchases, acquires or receives an article introduced in Puerto Rico as part of an exhibition or fair, convention or group in the Center or in the authorized areas of the District, pursuant to the provisions of subsection (d) of this section, without the prior authorization in writing of an authorized official of the Department of the Treasury, shall be jointly and severally liable before the Department of the Treasury along with the vendor or transferor of said article, for the unpaid amount of excise taxes and any applicable interest, surcharges and penalties.
(c) Responsibility of the Authority. — The Authority shall obtain a bond from a company authorized to issue bonds in the Commonwealth of Puerto Rico in favor of the Department of the Treasury to guarantee the payment of the taxes corresponding to the articles introduced to Puerto Rico under the provisions of subsection (a) of this section, that are sold or assigned in contravention of the herein established, in the authorized areas of the District, whose amount, terms, and conditions shall be determined pursuant to the provisions of subsection (d) of this section. Nothing of the herein provided shall be understood as an assumption of responsibility of, or that the Authority is responsible for the excise taxes or any other impost or duty that is owed with respect to the articles contemplated in subsection (a) above, beyond the total amount of the bond provided in subsection (d) of this section.
(d) Regulations. — The Authority and the Department of the Treasury shall establish by regulations approved jointly, all the procedures they deem necessary and convenient for an adequate supervision of the introduction, custody and removal of the articles contemplated in subsection (a) above, from the areas of the Center and the District that are authorized for such purposes through said regulations. Said regulations shall include, without it being understood as a limitation, the following aspects:
(1) The requirements to be met by the authorized areas in the District or the Center where the articles contemplated in subsection (a) above may be introduced;
(2) designation of personnel of the Department of the Treasury in the authorized areas of the Center and the District;
(3) notification to the owners of the articles contemplated in subsection (a) above, and to the public that attends the authorized areas of the Center or the District of the rules and penalties that apply to the sale or transfer of said articles in said areas;
(4) custody, procedures and protocol to be followed to regulate the introduction and removal of said articles from the authorized areas of the Center or the District, and
(5) the amount, terms and conditions of the bond contemplated in subsection (c) above.
History —Sept. 2, 2000, No. 351, § 6.03; Oct. 4, 2001, No. 142, § 30.