Guam § 74103 - Records Required For Purchasing Non-Ferrous Metal

§ 74103. Records Required For Purchasing Non-Ferrous Metal

Property from the General Public.

(a) At the time of a transaction, every scrap metal business doing

business in Guam shall produce, wherever that business is conducted, an

accurate and legible record of each transaction involving nonferrous

metal property. These records must be written in the English language,

documented on a standardized form or in electronic form, and contain at

least the following information:

(1) the name and signature of the person with whom the

transaction is made;

(2) the time, date, location, and value of the transaction;

(3) the name of the employee representing the scrap metal

business in the transaction;

(4) the name, street address, and telephone number of the

person with whom the transaction is made;

(5) the license plate number of the motor vehicle used to

deliver the nonferrous metal property subject to the transaction;

(6) a description of the motor vehicle used to deliver the

nonferrous metal property subject to the transaction;

(7) the current driver's license number or other government-

issued picture identification card number of the seller or a

photocopy of the seller’s driver’s license or other government-

issued picture identification card;

(8) a description of the predominant types of nonferrous metal

property subject to the transaction, including the property's

classification code as provided in the Institute of Scrap Recycling

Industries Scrap Specifications Circular, 2007, and weight, quantity,

or volume; and

COL292017

11 GCA FINANCE & TAXATION

(9) a photographic record of the items purchased prior to

separation by category.

(b) For every transaction that involves nonferrous metal property,

every scrap metal business doing business in Guam shall require the

person with whom a transaction is being made to sign a declaration. The

declaration may be included as part of the transactional record required

under Subsection (1) of this Section, or on a receipt for the transaction.

The declaration must state substantially the following:

“I, the undersigned, affirm under penalty of law that the

property that is subject to this transaction is not, to the best of

my knowledge, stolen property.”

The declaration must be signed and dated by the person with whom

the transaction is being made. An employee of the scrap metal business

must witness the signing and dating of the declaration and sign the

declaration accordingly before any transaction may be consummated.

(c) The record and declaration required under this Section must be

open to the inspection of any commissioned local or federal law

enforcement officer of Guam or any government department or agency

at all times during the ordinary hours of business or at reasonable times

if ordinary hours of business are not kept, and must be maintained

wherever that business is conducted for one (1) year following the date

of the transaction.