Protocol to Eliminate Illicit Trade in Tobacco Products

Protocol to Eliminate Illicit Trade in Tobacco Products is an international treaty aimed at combating the global issue of illicit trade in tobacco products. It operates as a supplementary agreement to the Framework Convention on Tobacco Control (FCTC), which is itself a milestone in the efforts of the international community to reduce the prevalence of smoking and its health consequences. The Protocol was adopted by the Conference of the Parties to the FCTC on 12 November 2012 and entered into force on 25 September 2018.

Overview

The Protocol to Eliminate Illicit Trade in Tobacco Products represents a significant step forward in the global fight against tobacco. Illicit trade in tobacco products poses a major public health threat as it circumvents health regulations and taxes, thereby making tobacco products more accessible and affordable, especially to young people and low-income populations. The illicit trade also results in substantial revenue losses for governments and undermines tobacco control policies.

Objectives

The main objectives of the Protocol are to eliminate all forms of illicit trade in tobacco products, including smuggling, illegal manufacturing, and counterfeiting. It aims to achieve this through a range of measures that include:

• Establishing a global tracking and tracing system to help secure the supply chain of tobacco products.
• Mandating licensing for the manufacture, import, and export of tobacco products.
• Promoting international cooperation and mutual legal assistance among the Parties to the Protocol.
• Implementing effective legal, administrative, and financial measures to control the supply chain and to investigate and combat illicit trade.

Key Provisions

The Protocol contains several key provisions designed to combat the illicit trade in tobacco products:

• Tracking and Tracing: Article 8 of the Protocol requires Parties to establish a global tracking and tracing regime within five years of the Protocol's entry into force. This system is intended to monitor the movement of tobacco products and ensure their legal status.

• Supply Chain Control: Articles 6 and 13 of the Protocol focus on controlling the supply chain through licensing, record-keeping, and due diligence requirements for those involved in the tobacco trade.

• Sales Restrictions: The Protocol also addresses the issue of internet sales and duty-free sales of tobacco products, with the aim of closing potential loopholes for illicit trade.

• International Cooperation: Articles 12, 15, and 16 emphasize the importance of international cooperation, information sharing, and mutual legal assistance in combating illicit trade.

Challenges and Implementation

While the Protocol is a powerful tool in the fight against illicit trade, its success depends on the effective implementation by the Parties. Challenges include the need for significant resources to establish the tracking and tracing system, the requirement for strong domestic legislation, and the necessity of international cooperation. As of the last update, a number of countries have ratified the Protocol, but many more are needed to join and implement its provisions effectively to combat the global issue of illicit trade in tobacco products.

Conclusion

The Protocol to Eliminate Illicit Trade in Tobacco Products is a landmark treaty that underscores the international community's commitment to fighting the illicit tobacco trade. By addressing the complex issues of supply chain security, international cooperation, and regulatory enforcement, the Protocol aims to protect public health, reduce tobacco-related deaths, and secure government revenues. Its success, however, hinges on widespread ratification and rigorous implementation by the Parties to the Protocol.