27 C.F.R. Subpart D—Bonds and Consents of Surety
Title 27 - Alcohol, Tobacco Products and Firearms
Every person required by this part to file a bond or consent of surety must prepare and execute it on the prescribed form and file it in accordance with its instructions and the procedures of this part. The procedures in parts 19, 24 or 25 of this chapter govern bonds covering distilled spirits plants, bonded wine cellars and breweries, respectively. [T.D. ATF–477, 67 FR 18089, Apr. 15, 2002] (a) Surety bonds required by this part may be given only with corporate sureties holding certificates of authority from, and subject to the limitations prescribed by, the Secretary as set forth in the current revision of Treasury Department Circular No. 570 (Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies). (b) Treasury Department Circular No. 570 is published in the (July 30, 1947, ch. 390, 61 Stat. 648, as amended (6 U.S.C. 6, 7)) [T.D. ATF–92, 46 FR 46921, Sept. 23, 1981] Each bond, and each consent to changes in the terms of a bond, shall be accompanied by a power of attorney authorizing the agent or officer who executed the bond or consent to so act on behalf of the surety. The appropriate TTB officer who is authorized to approve the bond, may, when he deems it necessary, require additional evidence of the authority of the agent or officer to execute the bond or consent. (61 Stat. 648; 6 U.S.C. 6, 7) [T.D. 6895, 31 FR 11976, Sept. 13, 1966. Redesignated at 40 FR 16835, Apr. 15, 1975 and amended by T.D. TTB–8, 69 FR 3832, Jan. 27, 2004] The power of attorney shall be prepared on a form provided by the surety company and executed under the corporate seal of the company. If the power of attorney submitted is other than a manually signed original, it shall be accompanied by certification of its validity. (61 Stat. 648; 6 U.S.C. 6, 7) [T.D. 6895, 31 FR 11976, Sept. 13, 1966. Redesignated at 40 FR 16835, Apr. 15, 1975] In lieu of corporate surety, the principal may pledge and deposit, as surety for his bond, securities which are transferable and are guaranteed as to both interest and principal by the United States, in accordance with the provisions of 31 CFR part 225. (61 Stat. 650; 6 U.S.C. 15) Consents of surety to changes in the terms of bonds shall be executed on Form 1533 by the principal and by the surety with the same formality and proof of authority as is required for the execution of bonds. Appropriate TTB officers are authorized to approve all bonds and consents of surety required by this part. [T.D. 6895, 31 FR 11976, Sept. 13, 1966. Redesignated at 40 FR 16835, Apr. 15, 1975 and amended by T.D. TTB–8, 69 FR 3832, Jan. 27, 2004] The appropriate TTB officer may disapprove any bond prescribed by this part, or any consent of surety submitted in respect thereto, if the principal or any person owning, controlling, or actively participating in the management of the business of the principal shall have been previously convicted, in a court of competent jurisdiction, of: (a) Any fraudulent noncompliance with any provision of any law of the United States, if such provision related to internal revenue or customs taxation of spirits, wines, or beer, or if such offense shall have been compromised with the person on payment of penalties or otherwise; or (b) Any felony under a law of any State, Territory, or the District of Columbia, or the United States, prohibiting the manufacture, sale, importation, or transportation of spirits, wine, beer, or other intoxicating liquor. (72 Stat. 1336, 1352, 1353, 1394; 26 U.S.C. 5062, 5175, 5177, 5551) [25 FR 5734, June 23, 1960. Redesignated at 40 FR 16835, Apr. 15, 1975, and amended by T.D. ATF–62, 44 FR 71721, Dec. 11, 1979; T.D. TTB–8, 69 FR 3832, Jan. 27, 2004] Where a bond or consent of surety is disapproved by the appropriate TTB officer, the person giving the bond may appeal from such disapproval to the Administrator, who will hear such appeal. The decision of the Administrator shall be final. (72 Stat. 1394; 26 U.S.C. 5551) [25 FR 5734, June 23, 1960, as amended by T.D. 7006, 34 FR 2251, Feb. 15, 1969. Redesignated at 40 FR 16835, Apr. 15, 1975, and amended by T.D. TTB–8, 69 FR 3832, Jan. 27, 2004] (a) Spirits. Where spirits are withdrawn without payment of tax, as authorized in §28.91, from the bonded premises of a distilled spirits plant on application of the proprietor thereof, the operations or unit bond, given by the proprietor and approved under the provisions of part 19 of this chapter, shall cover such withdrawals. (b) Wine. Where, under the provisions of part 19 of this chapter, an operations or unit bond has been given and approved to cover the operations of a distilled spirits plant and an adjacent bonded wine cellar, such bond shall cover the withdrawal of wine without payment of tax, as authorized in §28.121, from such bonded wine cellar on application for such withdrawal by the proprietor. (c) Specially denatured spirits. Where specially denatured spirits are withdrawn free of tax, as authorized in §28.151, from the bonded premises of a distilled spirits plant on application of the proprietor thereof, the proprietor shall file a consent of surety extending the terms of the operations or unit bond, which consent shall be in the following form:
The obligors agree to extend the terms of said bond to cover all liability that may be incurred on all specially denatured spirits withdrawn by the principal for exportation or transfer to a foreign-trade zone, for which satisfactory evidence of exportation, or of deposit in a foreign-trade zone, as required by law and regulations, is not submitted to the appropriate TTB officer. (Sec. 201, Pub. L. 85–859, 72 Stat. 1352, as amended, 1362, as amended (26 U.S.C. 5175, 5214); Sec. 3, Pub. L. 91–659, 84 Stat. 1965, as amended (26 U.S.C. 5066); Sec. 805, Pub. L. 96–39, 93 Stat. 276 (26 U.S.C. 5173)) [T.D. ATF–62, 44 FR 71721, Dec. 11, 1979, as amended by T.D. TTB–8, 69 FR 3832, Jan. 27, 2004] Where the operations of a bonded wine cellar are covered by bond, Form 5120.36, as provided in part 24 of this chapter, such bond shall cover the withdrawal of wine without payment of tax, as authorized in §28.121, from such bonded wine cellar by the proprietor of the bonded wine cellar. (72 Stat. 1379, 1380; 26 U.S.C. 5354, 5362, as amended by T.D. ATF–299, 55 FR 25033, June 19, 1990; T.D. TTB–8, 69 FR 3832, Jan. 27, 2004] When beer or beer concentrate is removed from a brewery without payment of tax for any of the purposes authorized in §28.141, the brewer's bond, Form 5130.22, furnished under the provisions of part 25 of this chapter will cover the removals. (49 Stat. 999, as amended (19 U.S.C. 81c); sec. 201, Pub. L. 85–859, 72 Stat. 1334, as amended, 1388, as amended (26 U.S.C. 5053, 5401)) [T.D. ATF–224, 51 FR 7698, Mar. 5, 1986, as amended by T.D. TTB–8, 69 FR 3832, Jan. 27, 2004] If a specific lot of distilled spirits or wine is to be withdrawn without payment of tax, as authorized in §28.91(a)(1), (2), (3), (5), or §28.121(a), (b), (c), or (d), by a person other than the proprietor of the bonded premises, a specific bond on TTB Form 2734 (5100.25) shall be filed by the exporter, as provided in §28.51. The penal sum of the bond shall not be less than the tax prescribed by law on the quantity of spirits or wine to be withdrawn. However, the maximum penal sum of the bond shall not exceed $200,000 but in no case shall the penal sum be less than $1,000. (Sec. 201, Pub. L. 85–859, 72 Stat. 1352, as amended, 1362, as amended, 1380, as amended, 1381, 1382 (26 U.S.C. 5175, 5214, 5362) sec. 3. Pub. L. 91–659, 84 Stat. 1965, as amended (26 U.S.C. 5066, 5370, 5371)) [T.D. ATF–88, 46 FR 39815, Aug. 5, 1981, as amended by T.D. TTB–8, 69 FR 3832, Jan. 27, 2004] (a) Requirement for bond. If a person other than the proprietor of the bonded premises withdraws distilled spirits or wine without payment of tax, as authorized by §28.91(a)(1), (2), (3), (5), or §28.121(a), (b), (c), or (d), the exporter shall file a continuing bond, TTB Form 2735 (5100.30), as provided in §28.51. (b) Penal sum of bond. The penal sum of the bond shall be sufficient to cover the tax on the maximum quantity of distilled spirits and wine that may remain unaccounted for at any one time. However, the maximum penal sum of the bond shall not exceed $200,000, but in no case shall the penal sum be less than $1,000. Distilled spirits and wine withdrawn for exportation, use on vessels or aircraft, transfer to a customs bonded warehouse, or transfer to and deposit in a foreign-trade zone, shall remain unaccounted for until the evidence of exportation, use, deposit, transfer, or loss in transit has been filed with the appropriate TTB officer. (c) Apportioning bonds. If the bond, Form 2735 (5100.30), is in less than the maximum penal sum, the principal shall apportion the bond, in accordance with the requirements on the bond form. The exporter may reapportion the bond coverage, if changing conditions make this necessary, by filing a consent of surety, TTB Form 1533 (5000.18), in accordance with its instructions. (d) Withdrawal of wine for transfer to a customs bonded warehouse; consent of surety. An exporter with a bond on Form 2735 (5100.30) executed before April 1, 1981, shall obtain a consent of surety on Form 1533 (5000.18) before withdrawing wine without payment of tax from a bonded wine cellar for transfer to a customs bonded warehouse. The consent shall be executed in accordance with §28.54 and filed in accordance with instructions on the form. Exporters with bonds executed on or after April 1, 1981, do not need this consent of surety, because such bonds automatically apply to withdrawals for transfer to customs bonded warehouses. (Sec. 201, Pub. L. 85–859, 72 Stat. 1352, as amended, 1362, as amended, 1380, as amended, 1381, 1382 (26 U.S.C. 5175, 5214, 5362) sec. 3. Pub. L. 91–659, 84 Stat. 1965, as amended (26 U.S.C. 5066, 5370, 5371)) [T.D. ATF–88, 46 FR 39815, Aug. 5, 1991, as amended by T.D. ATF–413, 64 FR 46845, Aug. 27, 1999; T.D. TTB–8, 69 FR 3832, Jan. 27, 2004] Where the proprietor of a manufacturing bonded warehouse desires to withdraw a specific lot of distilled spirits or wines without payment of tax, as authorized in §28.25, he shall file, as provided in §28.51, a specific bond, on Form 2736 (5100.12), to cover the transportation of the distilled spirits or wines from the bonded premises from which withdrawn to the manufacturing bonded warehouse. The penal sum of such bond shall be not less than the tax prescribed by law on the quantity of distilled spirits or wines to be withdrawn: Provided, That the maximum penal sum of such bond shall not exceed $200,000, but in no case shall the penal sum be less than $1,000. (Sec. 201, Pub. L. 85–859, 72 Stat. 1352, as amended, 1380, as amended (26 U.S.C. 5175, 5362)) [25 FR 5734, June 23, 1960. Redesignated at 40 FR 16835, Apr. 15, 1975, and amended by T.D. ATF–62, 44 FR 71721, Dec. 11, 1979; T.D. TTB–8, 69 FR 3832, Jan. 27, 2004] (a) General. Where the proprietor of a manufacturing bonded warehouse desires to withdraw distilled spirits and wines from time to time without payment of tax, as authorized in §28.25, he shall file, as provided in §28.51, a continuing bond on Form 2737 (5110.67). The bond shall be executed in a penal sum sufficient to cover the tax at the rates prescribed by law on the maximum quantity of distilled spirits and wines which may remain unaccounted for at any one time: Provided, That the maximum penal sum of such bond shall not exceed $200,000, but in no case shall the penal sum be less than $1,000. Distilled spirits and wines withdrawn for transfer to a manufacturing bonded warehouse shall remain unaccounted for until the evidence of deposit in such warehouse, as required by this part, has been filed. The proprietor shall, at the time of executing Form 2737 (5110.67), designate the premises from which the withdrawals are to be made, provided that, as to any one bond on Form 2737 (5110.67), such premises shall be located in the same internal revenue region. (b) Apportioning bonds. If the bond, Form 2737 (5110.67) is in less than the maximum penal sum, the principal shall apportion the bond, in accordance with the requirements on the bond form. The principal may reapportion the bond coverage, if changing conditions make this necessary, by filing a consent of surety, Form 1533, in accordance with its instructions. (Sec. 201, Pub. L. 85–859, 72 Stat. 1352, as amended, 1380, as amended (26 U.S.C. 5175, 5362)) [25 FR 5734, June 23, 1960. Redesignated at 40 FR 16835, Apr. 15, 1975, and amended by T.D. ATF–62, 44 FR 71721, Dec. 11, 1979; T.D. TTB–8, 69 FR 3832, Jan. 27, 2004] Whenever, under the provisions of this part, the claimant desires drawback of tax on distilled spirits or wines to be exported, laden for use on vessels or aircraft, or transferred to and deposited in a foreign-trade zone, or, in the case of distilled spirits, transferred to a customs bonded warehouse, as authorized in §§28.171 and 28.211, prior to the receipt of the certified copy of TTB Form 5110.30, or 1582–A (5120.24), as the case may be, as prescribed by this part, he shall file bond on Form 2738 (5110.68) as provided in §28.51. The penal sum of the bond shall be sufficient to cover the amount of drawback which will at any time constitute a charge against the bond: Provided, That the maximum penal sum shall not exceed $200,000, but in no case shall the penal sum be less than $1,000: Provided further, That where the claimant desires to remove distilled spirits to a customs bonded warehouse as provided in §28.171(d) and the terms of his bond on Form 2738 (5110.68), then in force, do not cover such removals, he shall either file a consent of surety on Form 1533 to extend the terms of such bond to cover such removals or file a new bond on Form 2738 (5110.68). (46 Stat. 690, as amended, 48 Stat. 999, as amended, 72 Stat. 1336, as amended, 84 Stat. 1965; 19 U.S.C. 1309, 81c, 26 U.S.C. 5062, 5066) [T.D. 7112, 36 FR 8580, May 8, 1971. Redesignated at 40 FR 16835, Apr. 15, 1975, and amended by T.D. ATF–62, 44 FR 71721, Dec. 11, 1979; T.D. ATF–198, 50 FR 8559, Mar. 1, 1985; T.D. TTB–8, 69 FR 3832, Jan. 27, 2004] In all cases where the penal sum of any bond becomes insufficient, the principal shall either give a strengthening bond with the same surety to attain a sufficient penal sum, or give a new bond to cover the entire liability. Strengthening bonds will not be approved where any notation is made thereon which is intended, or which may be construed, as a release of any former bond, or as limiting the amount of any bond to less than its full penal sum. Strengthening bonds shall show the current date of execution and the effective date. (72 Stat. 1352, 1394; 26 U.S.C. 5175, 5551) New bonds shall be required in case of insolvency or removal of any surety, and may, at the discretion of the appropriate TTB officer, be required in any other contingency affecting the validity or impairing the efficiency of such bond. Executors, administrators, assignees, receivers, trustees, or other persons acting in a fiduciary capacity, continuing or liquidating the business of the principal, shall execute and file a new bond or obtain the consent of the surety or sureties on the existing bond or bonds. Where, under the provisions of §28.72, the surety on any bond given under this subpart has filed an application to be relieved of liability under said bond and the principal desires or intends to continue the business or operations to which such bond relates, he shall file a valid superseding bond to be effective on or before the date specified in the surety's notice. If the principal does not file a new or superseding bond when required, he shall discontinue the operations intended to be covered by such bond forthwith. New or superseding bonds shall show the current date of execution and the effective date. (72 Stat. 1336, 1362; 26 U.S.C. 5062, 5214) [25 FR 5734, June 23, 1960. Redesignated at 40 FR 16835, Apr. 15, 1975, and amended by T.D. ATF–62, 44 FR 71722, Dec. 11, 1979; T.D. TTB–8, 69 FR 3832, Jan. 27, 2004] Bonds, Forms 2734 (5120.25) and 2736 (5100.12), covering a specific lot of distilled spirits or wines withdrawn without payment of tax under this part, will be canceled by the appropriate TTB officer on receipt by him of TTB Form 5100.11 properly executed by the appropriate customs official or armed services officer, as required by this part, evidencing that the distilled spirits or wines have been duly exported, laden for use on vessels or aircraft, deposited in a foreign-trade zone, or deposited in a manufacturing bonded warehouse, as the case may be, or of evidence satisfactory to him that the distilled spirits or wines have been otherwise lawfully disposed of or accounted for: Provided, That all liability under the bond to be canceled has been terminated. (72 Stat. 1352; 26 U.S.C. 5175) [25 FR 5734, June 23, 1960. Redesignated at 40 FR 16835, Apr. 15, 1975, and amended by T.D. ATF–62, 44 FR 71722, Dec. 11, 1979; T.D. TTB–8, 69 FR 3832, Jan. 27, 2004] Continuing bonds, Forms 2735 (5100.30) and 2737 (5110.67), covering distilled spirits and/or wines withdrawn from time to time without payment of tax under this part and Form 2738 (5110.68) covering allowance of claims for drawback on distilled spirits and/or wines removed as authorized in §§28.171 and 28.211, may be terminated as to liability for future withdrawals or claims (a) pursuant to application of surety as provided in §28.72, (b) on approval of a superseding bond, or (c) on written notification to the appropriate TTB officer by the principal of his discontinuance of withdrawals or claims, as the case may be, under the bond. When no further withdrawals are to be made under a bond on Form 2735 (5100.30) or 2737 (5110.67), or no further claims for drawback are to be filed under bond Form 2738 (5110.68), the bond shall be canceled by the appropriate TTB officer in the manner and subject to the conditions provided in §28.70. (Sec. 201, Pub. L. 85–859, 72 Stat. 1336, as amended, 1352, as amended, 1353, as amended (26 U.S.C. 5062, 5175, 5176)) [25 FR 5734, June 23, 1960. Redesignated at 40 FR 16835, Apr. 15, 1975, and amended by T.D. ATF–62, 44 FR 71722, Dec. 11, 1979; T.D. ATF–198, 50 FR 8559, Mar. 1, 1985; T.D. TTB–8, 69 FR 3832, Jan. 27, 2004] A surety on any bond given on Forms 2735 (5100.30), 2737 (5110.67), or 2738 (5110.68), may at any time in writing notify the principal and the appropriate TTB officer that he desires, after a date named, to be relieved of liability under said bond. Such date shall be not less than 90 days after the date the notice is received by the appropriate TTB officer. The surety shall also file with the appropriate TTB officer an acknowledgment or other proof of service on the principal. If such notice is not thereafter in writing withdrawn, the rights of the principal as supported by said bond shall be terminated on the date named in the notice, and the surety shall be relieved from liability to the extent set forth in §28.73(b). (68A Stat. 749, as amended (26 U.S.C. 6065); Sec. 201. Pub. L. 85–859, 72 Stat. 1336, as amended, 1352, as amended (26 U.S.C. 5062, 5175)) [T.D. 6895, 31 FR 11976, Sept. 13, 1966. Redesignated at 40 FR 16835, Apr. 15, 1975, and amended by T.D. ATF–62, 44 FR 71722, Dec. 11, 1979; T.D. TTB–8, 69 FR 3832, Jan. 27, 2004] (a) Bonds, Forms 2734 (5120.25) and 2736 (5100.12). The surety on a bond given on Form 2734 (5120.25) or Form 2736 (5100.12) shall be relieved from his liability under the bond when the bond has been canceled as provided for in §28.70. (b) Bonds, Forms 2735 (5100.30), 2737 (5110.67), and 2738 (5110.68). Where the surety on a bond given on Form 2735 (5100.30), Form 2737 (5110.67), or on Form 2738 (5110.68) has filed application for relief from liability, as provided in §28.72, the surety shall be relieved from liability for withdrawals or claims, as the case may be, made wholly subsequent to the date specified in the notice, or on the effective date of a superseding bond, if one is given. Notwithstanding such relief, the liability of the surety shall continue until the spirits and/or wines withdrawn without payment of tax or included in a claim for drawback of tax allowed under the bond have been properly accounted for. (Sec. 201, Pub. L. 85–859, 72 Stat. 1336, as amended, 1352, as amended, 1353, as amended (26 U.S.C. 5062, 5175, 5176)) [25 FR 5734, June 23, 1960. Redesignated at 40 FR 16835, Apr. 15, 1975, and amended by T.D. ATF–62, 44 FR 71722, Dec. 11, 1979; T.D. TTB–8, 69 FR 3832, Jan. 27, 2004] Securities of the United States, pledged and deposited as provided in §28.53, shall be released only in accordance with the provisions of 31 CFR part 225. Such securities will not be released by the appropriate TTB officer until liability under the bond for which they were pledged has been terminated. When the appropriate TTB officer is satisfied that they may be released, he shall fix the date or dates on which a part or all of such securities may be released. At any time prior to the release of such securities, the appropriate TTB officer may extend the date of release for such additional length of time as he deems necessary. (61 Stat. 650; 6 U.S.C. 15) 25 FR 5734, June 23, 1960. Redesignated at 40 FR 16835, Apr. 15, 1975 and amended by T.D. TTB–8, 69 FR 3832, Jan. 27, 2004]
Title 27: Alcohol, Tobacco and Firearms
PART 28—EXPORTATION OF ALCOHOL
Subpart D—Bonds and Consents of Surety
§ 28.51 General.
§ 28.52 Corporate surety.
§ 28.52a Filing of powers of attorney.
§ 28.52b Execution of powers of attorney.
§ 28.53 Deposit of securities in lieu of corporate surety.
§ 28.54 Consents of surety.
§ 28.55 Authority to approve bonds and consents of surety.
§ 28.56 Disapproval of bonds or consents of surety.
§ 28.57 Appeal to Administrator.
§ 28.58 Operations or unit bond—distilled spirits.
§ 28.59 Bond, Form 5120.36.
§ 28.60 Brewer's bond, Form 5130.22.
§ 28.61 Bond, Form 2734 (5100.25).
§ 28.62 Bond, Form 2735 (5100.30).
§ 28.63 Bond, Form 2736 (5100.12).
§ 28.64 Bond, Form 2737.
§ 28.65 Bond, Form 2738 (5110.68).
§ 28.66 Strengthening bonds.
§ 28.67 New or superseding bonds.
Termination of Bonds
§ 28.70 Termination of bonds, Forms 2734 (5120.25) and 2736 (5100.12).
§ 28.71 Termination of bonds, Forms 2735 (5100.30), 2737 (5110.67), and 2738 (5110.68).
§ 28.72 Application of surety for relief from bond.
§ 28.73 Relief of surety from bond.
§ 28.74 Release of pledged securities.
Charges and Credits
§ 28.80 Charges and credits on bonds.
The withdrawal of liquors without payment of tax or of specially denatured spirits free of tax, under the provisions of this part shall constitute a charge against the bond under which the withdrawal is made of (a) the tax on the liquors withdrawn or (b) of an amount equal to the tax on specially denatured spirits withdrawn that will be due in the event of failure to account for the specially denatured spirits as provided in this part. The tax on liquors so withdrawn, or an amount equal to the tax on specially denatured spirits so withdrawn that would be due as set forth above, shall, on the required accounting for such liquors or specially denatured spirits, constitute a credit to the bond of such tax or amount equal to the tax, as the case may be. Provisions regarding charges and credits on drawback bonds are contained in subpart P of this part.
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