§555a — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

Require the Secretary to give a State tax agency information about petroleum products moved by ship when the agency asks in writing. The request must come from the agency’s head and must name the agency employees or legal representatives who will get or look at the records. The information can only be used to run state tax laws and only as much as needed. The Secretary decides how, when, and where to handle requests and may charge a reasonable fee. Copies provided under these rules count the same as the originals in court if properly proven. The Secretary must not share the records unless the State has laws that keep the information from becoming public or otherwise protect its confidentiality. “Petroleum product information” means records the Secretary gets about petroleum moved by vessel under section 555 or other law. “State taxing agency” means the state office or its legal representative that runs the State’s tax laws.

Title 33, §555a

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)The Secretary shall disclose petroleum product information to any State taxing agency making a request under subsection (b). Such information shall be disclosed for the purpose of, and only to the extent necessary in, the administration of State tax laws.

(b)Disclosure of information under this section shall be permitted only upon written request by the head of the State taxing agency and only to the representatives of such agency designated in such written request as the individuals who are to inspect or to receive the information on behalf of such agency. Any such representative shall be an employee or legal representative of such agency.

(c)(1)Requests for the disclosure of information under this section, and such disclosure, shall be made in such manner and at such time and place as shall be prescribed by the Secretary.

(2)Information disclosed to any person under this section may be provided in the form of written documents or reproductions of such documents, or by any other mode or means which the Secretary determines necessary or appropriate. A reasonable fee may be prescribed for furnishing such information.

(3)Any reproduction of any document or other matter made in accordance with this subsection shall have the same legal status as the original, and any such reproduction shall, if properly authenticated, be admissible in evidence in any judicial or administrative proceeding as if it were the original, whether or not the original is in existence.

(d)The Secretary shall not disclose information to a State taxing agency of a State under this section unless such State has in effect provisions of law which—

(1)exempt such information from disclosure under a State law requiring agencies of the State to make information available to the public, or

(2)otherwise protect the confidentiality of the information.

(e)For purposes of this section, the term—

(1)“petroleum product information” means information relating to petroleum products transported by vessel which is received by the Secretary (A) under section 555 of this title, or (B) under any other legal authority; and

(2)“State taxing agency” means any State agency, body, or commission, or its legal representative, which is charged under the laws of such State with responsibility for the administration of State tax laws.

(f)

Editorial Notes

Codification Subsec. (f) of this section amended section 555 of this title.

Statutory Notes and Related Subsidiaries

“Secretary” Defined Secretary means the Secretary of the Army, see section 2201 of this title.

§555a Petroleum product information

Summary

Title 33, §555a

Notes & Related Subsidiaries

Editorial Notes

Statutory Notes and Related Subsidiaries

Citations & Metadata