(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

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11 Guam Code Ann. FINANCE & TAXATION
CH. 74 SCRAP METAL DEALERS

(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.