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Non-Participating Manufacturer Information
Unlike the Participating Manufacturers to the
Master Settlement Agreement
,
Non-Participating Manufacturers (NPMs) have not been released from State
claims. In order to ensure that Settling States, who successfully sue NPMs in
the future, have a fund against which to recover costs, the MSA included a
proposed "Model Statute.” If enacted by a Settling State, the Model Statute
would require NPMs to make annual payments into a qualified escrow fund based
on the number of cigarettes that the NPM sold in a Settling State. The Model
Statute intended to have the added function of preventing NPMs from reaping a
windfall benefit by being able to sell cigarettes without assuming some of the
responsibility for the costs that cigarette smoking imposes on the State.
The MSA prompted States to enact the Model Statute by creating a significant
financial incentive: Settling States that enact and 'diligently enforce' a
Model Statute would not be subject to certain potential downward adjustments in
their annual MSA payments. All 52 Settling States have enacted Model Statutes.
Wyoming's Model Statute, The Wyoming Tobacco Settlement Funds Act, (Escrow
Act), can be found at Wyo. Stat. §§
9-4-1201
and
1202
.
Wyoming, through its Attorney General, may bring a civil action on behalf of
the State against any tobacco product manufacturer that fails to place into
escrow the funds required by the Escrow Act. Additionally, Wyo. Stat. §§
9-4-1205
through 1210 require the State to maintain a directory of cigarette
products that are permitted to be stamped and taxed for sale in Wyoming. This
law prohibits the placement of cigarette tax stamps on products that are not
listed in the directory. While all tobacco product manufacturers are required
to make specific certifications before a brand can be listed in the directory,
a Non-Participating Manufacturer is further required to certify that: a) it is
registered to do business in Wyoming or has appointed an agent for service of
process; b) it maintains a Qualified Escrow Fund with an executed qualified
escrow agreement that has been reviewed and approved by the State; c) it is in
full compliance with the Escrow Act; and d) it identifies the financial
institution where the Non-Participating Manufacturer has established such
Qualified Escrow Fund and identifies all deposits and withdrawals to/from said
fund. In addition, a Tobacco Product Manufacturer or its brands will not be
listed in the directory unless all escrow payments for any period have been
fully paid, and all outstanding final judgments for violations of the Escrow
Act are fully satisfied. The Non-Participating Manufacturer Certification Form
can be accessed through the link provided below.
Non-Participating Manufacturer Certification Letter (February, 2006)
Non-Participating Manufacturer Certification Form
Attachment A
Attachment B
Model Escrow Agreement
Frequently Asked Questions
The Directory of Certified Tobacco Product Manufacturers
Their Brands and Brand Families
(The Directory will be updated monthly with any additions or corrections, and
more often if necessary for any de-listings.)
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