progress in combating cigarette smuggling: controlling the supply chain - barcode labels

by:ShunDing     2019-07-28
progress in combating cigarette smuggling: controlling the supply chain  -  barcode labels
The illegal tobacco trade has caused huge revenue losses to the government, with an estimated $1 US40-50 in 2006 and increased consumption leading to health problems as it makes tobacco supplies cheaper.
Second meeting of the international negotiating body in October 20, 2008 (INB2)
Who protocol on illicit trade in the Framework Convention on Tobacco Control (FCTC)
Measures to combat illegal trade in tobacco products will be discussed.
Methods: This paper introduces the experience of Italy, Spain and the United Kingdom in the past ten years, indicating that tobacco smuggling can be successfully solved.
Conclusion: The evidence strongly suggests that the key to controlling smuggling is to control the supply chain, which is largely controlled by the tobacco industry.
The illegal tobacco trade has caused huge loss of income to governments. It is estimated that one year's income is about US40-50 billion dollars, and consumption increases, resulting in health problems because it makes the supply of tobacco.
2 negotiations on the protocol to the WHO Framework Convention on Tobacco Control began in February 2008 (FCTC)
2 prevention of illegal trade in tobacco products and the second meeting of the international negotiating body of the protocol (INB2)
It began in Geneva on October 20, 2008.
Article 1 of the Framework Convention on Tobacco Control stipulates that the Convention shall deal with all forms of illicit trade in tobacco products, including smuggling, illicit manufacturing and counterfeiting.
Evidence of direct and indirect involvement of the tobacco industry in this large event
In recent years, scale fraud has become more and more obvious on the basis of internal documents, with their own recognition of 7 and 3-6 court judgments.
On 2000, the former deputy chairman of the British health department, British and American Tobacco, admitted: "If any government is unwilling to take action or their efforts are not successful, we will take action, fully within the law based on our brand will be provided with our competitors in the smuggling market and the legal market.
"On 2000, we explained that the key to Canadian smuggling is the export of Canadian cigarettes by Canadian manufacturers to New York state (
Since American smokers mainly smoke American brands, they do not have a market)
From where they were smuggled back to Canada.
At the very least, the tobacco industry facilitates smuggling by supplying cigarettes.
On July 2008, two tobacco companies in Canada pleaded guilty, acknowledges that "the consumption tax act that helps people sell or own unpackaged and unstamped tobacco products manufactured in Canada that meet the requirements below between 1989 and 1994 ".
Criminal penalties and civil settlements will result in the company paying $ c1.
15 billion, the largest tax ever levied by Canada.
10 in this paper, we focus on the big-
Organized smuggling on a scale, 11 we describe cigarette export practices targeting illicit markets in the United Kingdom, Spain and Italy, and demonstrate a significant reduction in smuggling activity over the past decade.
Reducing cigarette smuggling by 2002 in Britain, Italy and Spain, we explained that the core of cigarette smuggling is large-scale
Scale fraud: legitimate and tax-free cigarette containers are exported to countries that do not have a market and then disappear into the market for contraband.
In this paper, we describe the decline in cigarette smuggling from 15% to 1-2% in the last decade or so in the UK, Spain and Italy, in Spain and Italy, in Britain, it fell from 21% to 13%.
About 10 years ago, the smuggling of British tobacco into Britain became a serious problem.
British customs (Customs)
It is estimated that the illegal cigarette market increased from 3% in 1996 to 21% in 2000.
14 16 cigarettes of 2000-1 and 2001-2 totaled about 16 billion cigarettes, half of which were smuggled Imperial Tobacco brands Regal and Superkings.
The nature of the 16-
The two brands are a good illustration of the scale of organized smuggling.
They are heavily exported to places where the expected market is "unclear" and then illegally imported back to the UK through a smuggling network.
Customs believes that in 2000, as many as 65% of the 12 billion tycoons and Super Kings exported by the Empire were illegally smuggled back to Britain.
From October 2000 to September 2002, the third and super-rich were exported to the destination in Table 1.
View this table: view the inline View pop-up table 1 destinations for Regal and super-rich exports during the period 2000-2002 these export practices were reviewed by the Imperial Tobacco chief executive at the British Parliament Public Account Committee hearing on June 2002 and 16 (box 1).
The Council of Public Accounts of the British Parliament questioned Mike davisser, chief executive of Imperial Tobacco :. . . . . . You say you believe you sold to legitimate consumers in Latvia and you sold 1 in Latvia.
7 billion cigarettes in 1999-2000, then 1 in the second year.
4 billion cigarettes
Do you know the population of Latvia?
Mr Davis: I don't know the exact number.
Committee: 2.
3 million, which means that everyone, men, women and children, including non-
Smokers must smoke 722 cigarettes, 36 packs a year.
When you sell rich and super rich to this market, considering that this is a brand that is mainly sold in the UK, what do you think you are doing?
Who do you think bought these things and why do you think they are legal?
Mr. Davis: I think you should understand that Latvia is a central market, so cigarettes are consumed not only in Latvia, but also in other markets in Eastern Europe.
So I understand your calculation, but that's still true.
The Commission: What I find confusing is, if it's a hub market, why is it suddenly and completely collapsing to 1,290,000?
I am talking about 722 cigarettes per person, from 1999 to 2001, from 722 cigarettes per person to half a cigarette per person, which is a fairly steep drop in the market. What happened?
Mr Davis: We stopped supplying. Committee: Why?
Mr. Davis: because the product is coming back to the UK.
We worked hard to determine how this happened and we couldn't guarantee that we would comply with our supply policy and we stopped supplying because the product came back.
Committee: So you have chosen Afghanistan, 98% of the world's heroin sources;
You have chosen Moldova, which is the largest source of human prostitution for women smuggled into Western Europe;
You chose Gary ningler, a notorious criminal.
The enclave of the former Soviet Union, run by notorious criminal gangs.
You chose some strange places.
People come to the conclusion that you are either a liar or stupid and you don't look stupid.
How could you sell cigarettes to Latvia, garriningrad, Afghanistan and Moldova, expecting them to be used by indigenous residents or legally exported to neighboring countries, who will not be smuggled out? You must know—
All you need to do is read a newspaper every day and a public can tell you --
These places are related to organized crime, drug trafficking through all these countries, and prostitution through all these countries.
Don't you know?
Source: this transcript is from the evidence record of the Commons Public Account Committee, first published in December 2, 2002.
Parliamentary materials are reproduced with the permission of the HMSO controller on behalf of Parliament.
Complete transcript [
After these hearings, customs reported on March 2003: "In the past 18 months, there has been a significant decrease in the number of rich and super-rich people exporting to destinations outside the EU, in these destinations, the customs is not clear about the expected consumer market.
In the memo given to the Commission before customs, the five destinations accounted for almost the third of imperial exports (
About 3 billion cigarettes)
Emphasis: Moldova, Latvia, Russia (
Including Kalingrad)
Afghanistan and anddoyle.
Since the export of Superkings and Regals to these countries in May 2002, it has been reduced to only 15 million sites, almost entirely in andall, and three locations (
Moldova, Afghanistan and Latvia)
No Imperial cigarettes were received.
Britain's illegal cigarette market share fell from 2001 in 2002 to 20% in 15%.
By 2005-6 years, the illegal market has been reduced by almost half, from 16 billion cigarettes to 8 billion cigarettes (fig 1).
In 2000, more than 1 billion cigarettes were seized by 18 regal and super-rich people (
Half of all seizures)
Less than 5 million in 2006, only 1% of real UK brand seizures.
Figure 1 percentage of illegal cigarette market in the UK.
Source: Data from the fight against tobacco smuggling (2000)
14. Autumn performance report of HM Customs Department (2007).
2000 the British government has also announced an-
The smuggling action plan, which includes container inspection scanners, prominent financial markings on packaging, increased penalties, increased customs officers and campaigns to raise public awareness, smuggling growth in 2000 and 2001-2 was stopped on the 14 th.
Another approach by the British government to smuggling is the memorandum of understanding (MOU)
, Non-executable, non-executable
The validity of a binding agreement depends on goodwill.
It may not be surprising that the tobacco company is happy to sign the deal, and Gallagher was the first in April 2002.
However, according to the British customs, from 2002 to 2003, 0. 69 billion Galleh cigarettes were seized, and despite the memorandum of understanding, the seizure of the Galleh brand has been there since
According to official estimates, the smuggling of Galach cigarettes into the UK from 2000 has cost the Treasury more than £ 1 billion in revenue.
22 It can be said that the British government recognizes the weakness of the MOU and that measures to combat illegal trade can be implemented through legislation.
Under Article 2006 of the British financial act, manufacturers of tobacco have a legal obligation not to facilitate smuggling, and manufacturers who fail to take sufficient measures to prevent their products from being smuggled into the UK will face a maximum fine of £ 5 million.
In 2005, the illegal market share was 13% per cent. In Britain, the problem of smuggling cigarettes has not been solved, mainly because of smuggling and counterfeit trade.
Piracy involves the purchase of tobacco products by individuals or small groups in low-tax jurisdictions for an amount exceeding the customs limit for resale in high-tax jurisdictions.
In the past, piracy was a small problem because the price difference between the same brand in different countries was small.
24 in the UK, 2000-1 year, 80% of cigarette smuggling is large --
Scale of smuggling (Container fraud
And 20% piracy.
However, the price difference of the same brand has become bigger in recent years.
For example, in 2008, the price of a bag of marl roads in Britain was 8 times that of Russia and 12 times that of Ukraine. 28 While large-
The scale of smuggling with genuine brands has decreased, and the proportion of fake cigarettes in Britain has increased.
According to UK tax and customs data, about one quarter of the smuggled cigarette market is counterfeit.
Box 29 2 the step of smuggling American cigarette brands to Italy cigarettes are made in the United States. The first purchaser places an order with the manufacturer. Containers are exported to the port of Antwerp, Belgium, and under the "transit" system, a temporary suspension of the taxation of goods destined for third countries is allowed. Containers are exported and imported through many different locations in a short period of time with the aim of blurring the tracking of the goods and making it very difficult to identify the real goods ownership payments are usually paid in cash, or pay from tax havens, or from countries with secret banking laws, such as Liechtenstein or SwitzerlandThe container, and then move from a legal transport system to an illegal place known for its lack of monitoring, for example, in the warehouse at the port of Montenegro in Zelenka, cigarettes from bars and KatarCases were transferred to the speedboat and transported to Italy at night through the Adriatic Sea, selling cigarettes on the streets of Naples and Bari about 100 miles away, usually the source of immigration: References 30, 31, 33-37
Italy was one of the first European countries to experience serious cigarette smuggling problems.
Mainly concentrated in some southern provinces, in which criminal organizations began smuggling in Campania in the second half of the 1980 s (
Naples in particular)and Puglia (
Especially Barry and Brindisi West)
They took advantage of the opportunity to enter the Adriatic sea there.
Sales of smuggled cigarettes in Italy are estimated to be 30-32.
5 million in 1985, 8.
It was 4 million in 1992 and 17 million in 1998, and smuggling reached a peak.
30 31 smuggling mainly involves cigarettes made in the United States, especially those made in marl Road, 32-36, see Box 2 for their modus operandi.
1992 The Italian authorities banned the sale of marl Road because they believed that Philip Morris (PMI)
They're accomplices in smuggling.
35 However, the ban was lifted due to insufficient evidence, and later in the same year the government and PMI signed a memorandum of understanding aimed at preventing smuggling.
31 This memorandum of understanding was strongly criticized in a report of the 2000 parliamentary committee, which stated that it only created the illusion of "good cooperation ".
31. 1998 European governments and the European Community (EC)
Officials believe the manufacturers sell American cigarettes to traders, who resell American cigarettes to the black market set up to evade foreign taxes, and have begun investigating them.
38 on November 2000, the EC filed a civil suit in New York against Philip Morris and RJ Reynolds alleging that the companies "are carrying out a global plan to smuggle cigarettes and clean the proceeds of drug trafficking, blocking government oversight of the tobacco industry, controlling prices, bribing foreign public officials, and illegal trade with terrorist organizations and countries that support terrorism. ”.
Of the 2001 EU countries, 33 were led by Italy and 39 joined the lawsuit.
In 2004, the EC and the Member States abandoned the prosecution against Philip Morris in exchange for an enforceable and legally binding agreement (
This does not constitute the responsibility of PMI recognition).
According to the agreement, PMI agreed to pay 1 billion euros within 12 years.
If authorities continue to seize smuggled PMI cigarettes, the PMI must also pay a significant additional amount.
The agreement also requires PMI to control future smuggling through a range of measures, including distribution systems and contractors that control supply, as well as tracking and tracking measures.
In order to effectively combat illegal trade in tobacco products, law enforcement authorities need to be able to monitor the movement of legally manufactured tobacco products as they pass through the supply chain and re-
The route to creating the legally manufactured tobacco products they seized.
For example, PMI 42 marks the main case (
Contains 10 000 cigarettes)
Before being sold to the first purchaser, the barcode label with a unique machine can be scanned (see box 2).
Since the 2004 PMI, 0. 2 billion main cases containing 2 trillion cigarettes have been marked with such a unique code.
At present, the label is limited to the main case, but under the agreement, "PMI should maintain a continuous R & D plan on ways and techniques to improve carton and packaging coding techniques.
"In the 2008 PMI, carton smuggling activities in sensitive markets such as Russia and Ukraine were gradually tracked.
At the packaging level, PMI is experimenting with and applying unique codes for individual packaging in the German and Peruvian markets (
The PMI tracking and tracking system information was collected during a visit organized by the European Anti-Fraud Office (OLAF)
Neufchatel, Switzerland, July 8, 2008).
Seizures and legal sales have declined significantly since the end of 1990
From the beginning of the 1980 s to the beginning of the 1990 s, from 1991 to 1997, it stabilized at about 89 tons per year.
Rose below tons in 2002 (
One Ton (about 1 million)(fig 2).
The number of seized cigarettes reflecting the number of smuggled cigarettes reflects the legal sales, from 1700 tons in 1998 to 333 tons in 2002.
43 during this period, US manufacturers changed their export practices, and the export of cigarettes from the United States to the port of Antwerp decreased from 49 billion in 1997 to 3 billion in 2001,44, cigarette smuggling from of 15% about decreased 2006 of 1990 to 1-2%.
Figure 2 seizures and legal sales of 1986-2002 of cigarettes in Italy.
Source: Data from the report of Guardia di Finanza 1986 to 200343 and the Italian Institute of Statistics (2008). (
Lorenzo spizcino, Italian Institute of Statistics (ISTAT)
Personal Communications, Ministry of Health, Italy, April 8, 2008. )
Data on the legitimate sale of foreign cigarettes in Campania and Puglia show that legal sales of foreign cigarettes have increased significantly from 1998 to 2000, reflecting the fact that illegal foreign cigarettes have become unavailable during that time
During this period, foreign legitimate cigarette sales increased by 121% in Campania, 55% in Puglia and 19% in Italy as a whole (table 2)(
Lorenzo spizcino, Italian Institute of Statistics (ISTAT)
Ministry of Health, Italy, April 8, 2008, personal communications).
View this table: 1998-2000 view legitimate sales of Campania, Puglia and foreign cigarettes in Italytonnes)
SpainFrom 1993-1996 in 1996-2000 Spain's resources to combat smuggling of cigarettes reached nearly 4 million from € 40 million.
47 during this period, the market share of smuggled cigarettes fell from 16% to 2%, and cigarette taxes increased from 2. 3 billion euros to 5200 million euros (fig 3).
The investment of 44 million euros increased revenues by nearly 3 billion euros.
Download figureOpen in the new tabDownload powerpoint figure 3 cigarette tax and 1995-2002 of the illegal cigarette market in Spain.
Source: The picture is based on the data of "Spanish National Broadcasting Corporation (2003).
45 Italian and American brands (
In this case, Winston, mainly RJR)
33 is a key source of smuggling trade, so the Spanish authorities have focused their resources on preventing smuggling of containers, resulting in significant seizures.
In 1998, for example, Spain seized a cargo ship.
Loaded with 80 million smuggled cigarettes supplied by Renault.
RJR international tobacco
Headquartered in Switzerland
Refused to cooperate with the investigation, claiming to be protected by the Swiss secrecy law.
33 for the first time in the EU, the case officially asked the US government to help combat smuggling, according to $1997.
EU customs mutual assistance agreement.
Evidence obtained by the European Fraud Office (OLAF)
In Greece, the Republic of America, and verification of the source of the seized cigarette marks, the smugglers were convicted in Spain in 1998.
46. In addition, for the big-
Spain cooperated with Olaf to prevent the illegal import of cigarettes from Gibraltar and andowall.
In Andorra, this includes the blockade of the border and the political pressure on the Government of Andorra by the EC and Member States to force Andorra to pass legislation that is illegal to smuggle tobacco into neighbouring countries.
47 The Spanish customs authorities said that their success was not due to the control of distribution at the street level, which was almost impossible, but rather to reduce the supply at the container level through intelligence and carry out customs activities, improve the level of cooperation and technology between countries and Europe.
All of these measures, including an investigation into American tobacco companies and the 2000 EU Commission lawsuits they triggered, have led to the cut-off of US cigarette supplies and access to the illegal market in Spain. DISCUSSIONAnti-
Smuggling measures in the UK include container inspection scanners, prominent financial markings on packaging, increased penalties, more customs officials and parliamentary hearings that expose export practices in the tobacco industry. Large-
Container fraud of scale dropped significantly between 2000 and 2005-6.
When the industry stopped exporting the re-listed rich and super rich
The sharp drop in seizures of these brands imported into illegal markets at customs is a great indication that cutting off supply to illegal markets directly leads to a decrease in smuggling activities.
In Italy, after investigations in Italy and Europe, legal action was taken against the tobacco industry, followed by a binding agreement with Philip Morris, where customs seizures dropped significantly, legal sales also rose accordingly.
Through comprehensive measures such as intelligence, customs activities in border areas and international cooperation, the supply of smuggled cigarettes into Spain has been reduced, both within Europe, it also cooperated with US authorities on the supply of seized American brands.
The 1998 OLAF investigation into tobacco companies in the United States and customs activities in Spain and Italy and subsequent lawsuits against tobacco companies in the United States also appeared to have a significant impact.
During these operations, U. S. exports to Europe fell sharply.
A reasonable explanation of the data is that the industry quickly changed its export practices after the survey.
The investigation and threat of legal action is to change the risk.
Industry benefit equation.
The prospect of litigation and possible economic penalties increase the risk of supplying cigarettes to the illegal market and reduce the benefits.
Formal, legally binding agreements then reinforce and consolidate changes in export practices.
There is a common factor in all three examples: smuggling has decreased by disrupting supply chains from manufacturers to illegal markets.
International cooperation between Italy and Spain is also crucial.
There is very little convincing evidence that voluntary measures such as MOUs can have useful results.
When they are compared with legally binding EC
It does not seem strange that Philip Morris's agreement.
For example, MOUs does not provide for payment of seizure while EC-
Philip Morris agreement, including such payments.
We rely entirely on the goodwill and willingness of tobacco manufacturers to cooperate rather than measurable results.
They are not legally binding and are not mandatory and there is no penalty or seizure payment if the company does not comply with these terms.
In a recent court case involving Gallach, when asked by the judge, the executive director general of British customs, Jose: "You have no legal authority to tell someone what he can do legally?
The answer is: "Of course.
We have no strength.
48. Although we have focused on the large-
Organized smuggling of scale, it is only a type of illegal tobacco trade, and treaties to combat illegal trade need to deal with all forms of illegal trade.
In the UK, for example, the illegal cigarette market is still high, at 13% in 2005, and piracy and counterfeiting still lead to the entry of cheap products into the market, with serious health problems.
These data strongly indicate that the key to controlling large enterprises is
Large-scale organized tobacco smuggling is cutting off supplies to illegal markets.
Turn off the tap.
The UK experience is very clear about how the investigation of a tobacco company, coupled with the implied threat of legal or punitive action, directly leads to a reduction in smuggling.
In fact, when asked why a "unclear" export market in Latvia suddenly fell, the chief executive himself explained what had happened: "We stopped supplying.
"Data from Spain and Italy show that the industry is able to control the supply chain to a large extent, so when it believes that smuggling risks are too high, it stops supplying illegal markets, there are no more brands in these illegal markets.
The content added in this article is based on our-
Scale of cigarette smuggling
We know that the tobacco industry supplies cigarettes on a large scale, thus entering the market for contraband, losing government taxes, and increasing consumption and health issues by doing so.
This paper adds data from the experience of the past 10 years in three countries, which shows that
It can solve large-scale cigarette smuggling, which shows that the key to cracking down on cigarette smuggling is to cut off the supply to illegal markets.
Controlling supply chains should be at the heart of the protocol on illicit tobacco trade under the Framework Convention on Tobacco Control.
Therefore, the enforceable measures to control the supply chain should be at the heart of the protocol on illicit tobacco trade under the Framework Convention on Tobacco Control.
42. These measures should contribute to the investigation of smuggling activities and make the industry responsible for controlling the supply chain.
They should take steps, including issuing licenses to all participants in the tobacco business;
Tracking and tracking systems from production point to all point of sale, which will help to identify points to move from legitimate market to illegal market;
Traceable payment method;
Strictly review the selection procedures of contractors during the supply process, for example, to ensure that they are all real companies, have real addresses, employees, and have no criminal record;
And serious economic penalties for violations.
The global and multifaceted nature of the illicit tobacco trade requires a coordinated response from the international community.
The protocol on illicit trade is a valuable opportunity to address this issue and should prompt the parties to the framework convention to take domestic and international action.
42 49 thanks to the Bloomberg charity and Deborah anot, Alison Cox, Jonathan Lieberman and Francis Thompson for their very helpful comments on the first draft of the article.
We would also like to thank the referees for their very helpful feedback.
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Competitive interests: No.
Funding: We appreciate the financial support of the Bloomberg charity in New York, UK.
In addition to the support provided by the funder, the author has no contact with the funder, and the funder has not participated in the writing of the article in any way. This is an open
Access articles distributed under the Creative Commons Attribution license clause, which allows for unrestricted use, distribution and reproduction in any media, provided that the original work is properly referenced.
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