Section b strategies to Control Illicit Trade



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Section B


Global Tobacco Control and Illicit Trade

  • Global tobacco control recognizes the importance of controlling the smuggling of cigarettes

  • Global recognition needed so that international community can acknowledge that the control of the following are considered equally important: illicit trading, manufacturing, and counterfeiting

  • Global recognition needed to acknowledge that the illicit trade of non-cigarette smoking forms of tobacco and chewing forms of tobacco are also an issue



FCTC Article 15

  • Recognizes the need for the elimination of all forms of illicit trade

  • Development/implementation of national laws

  • Sub-regional/regional/global agreements

    • The first Conference of Parties (COP1) has identified control of illicit trade as one of the first areas for development of a protocol


Strategies to Control Illicit Trade

  • Not a customs issue

  • Diverse strategies/multisectoral issues

    • Information/data from agriculture/industry/revenue
    • Control of the supply chain
    • Sharing of intelligence/cooperation between agencies within the country/with other countries


Strategies to Control Illicit Trade

  • Also requires rationalization of government’s policy

    • Taxation and trade
      • World Trade Organization (WTO) Bound Rate (150% and 100%)
    • Imposition of tariff barriers/non-tariff barriers (not contrary to WTO/General Agreements on Tariffs and Trade (GATT) principles)
      • E.g., control of supply chain through licensing


Strategies to Control Illicit Trade

  • Discuss some of the specific strategies recommended in the FCTC

  • Discuss some recommendations given by the WHO Expert Group constituted to develop the template protocol on illicit tobacco control



Strategies to Control Illicit Trade

  • Licensing

    • To control the supply chain
    • Facilitate enforcement
    • Provide database
    • Issues:
      • Additional expenditure/cost
      • Corruption
      • Capacity to maintain/share data


Strategies to Control Illicit Trade

  • Anti-money laundering

    • Need to build the ability to track payments for tobacco-related transactions
    • Issues:
      • Parallel economy/black market/cash transactions outside banking channels rampant and anti-money laundering has ramifications beyond tobacco trade


Strategies to Control Illicit Trade

  • Tracking and tracing

    • Tracking: ability to monitor tobacco products from a place of manufacturing, through a distribution chain, to intended market of retail sale
    • Tracing: ability to recreate route (post audit/seizure) from place of manufacture, through distribution chain
  • Methods for tracking and tracing: covert/overt

    • Marks and numbers
    • Country of origin
    • Holographic stamps


Strategies to Control Illicit Trade

  • Tracking and tracing

    • Using banderol stamp(s)
    • Embedded information about the manufacturer/country of origin; place of import/destination, etc.
      • E.g., California (U.S.), Brazil, and Vietnam
    • Holographic marking
    • Counterfeiting by manufacturers is still possible


Strategies to Control Illicit Trade

  • Record keeping

    • At manufacturers and distributors
  • Regulating internet sales

    • Licensing
  • Security and preventative measures



Strategies to Control Illicit Trade

  • Enhanced law enforcement capacity

    • Number of law enforcers
    • Resources
    • Technology
    • Training


Strategies to Control Illicit Trade

  • Enhanced law enforcement capacity

    • Look at how to detect offenses
    • Look at how to prevent safe havens
    • Impose strong sanctions and penalties for offenses
    • Create laws for search, seizure, and confiscation of illicit goods
    • Create guidelines and policies for destruction and disposal of seized tobacco products
    • Look at how to dispose of proceeds of crime and seizure of assets


Strategies to Control Illicit Trade

  • Enhanced law enforcement capacity

    • Special enforcement techniques
      • E.g., e-surveillance, undercover agents, controlled delivery operations
      • Jurisdiction
  • International cooperation



Strategies to Control Illicit Trade

  • International cooperation

    • Need to build capacity for technical assistance and cooperation in scientific, technical, and technological matters
      • E.g., transfer of technology in . . .
        • Law enforcement capacity
        • Intelligence collection
        • Tracking and tracing
        • Information management
        • E-surveillance
        • Forensic analysis


Strategies to Control Illicit Trade

  • International cooperation

    • Cooperation
      • In respect of investigation and prosecution of offenses
      • Training
    • Mutual legal and administrative assistance
      • Designated authority who would have the mandate to share information across different countries
    • Extradition


Strategies to Control Illicit Trade: Summary

  • Transparent system of revenue administration

  • Action against corrupt officials

  • Strong penalty/civil proceeding against tax evaders

  • Customs intelligence collection; information sharing agreements with . . .



Strategies to Control Illicit Trade: Summary

  • Develop country-specific strategies to curb illicit trade

  • Encourage bilateral agreements of customs cooperation and mutual agreements on . . .

    • Rules of origin
    • Tracking and tracing
  • Agree on multilateral agreement of mutual cooperation and capacity building leading to the development of intelligence and information sharing on illicit tobacco trade

  • Negotiate the FCTC protocol keeping in mind the capacity building needs of developing countries



Summary

  • Evidence shows that illicit trade impacts on public health

  • Global evidence shows that elimination of illicit trade is essential to tobacco control

    • Seen in both developed and developing countries
  • Any strategy should encompass all forms of tobacco

  • Article 15 of the FCTC provides the broad strategy to control illicit trade of tobacco

  • Strategies for effective control of illicit trade need to include many different sectors of society and agreements among countries



Summary

  • Strategies need to look at many different areas:

    • Control of supply chain
    • Anti-money laundering
    • Law enforcement
    • International cooperation
  • Appreciate constraints in these sectors

  • Build upon knowledge from different countries

  • Seek technical assistance and cooperation

  • Build upon agreements amongst countries



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