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Cigarette Smuggling

Tobacco bureau chief held over graft

http://www.chinadaily.com.cn/business/2012-04/16/content_15058281.htm

Police have detained the head of Henan’s tobacco authority as part of an ongoing corruption probe.

Zheng Jianmin, director of the provincial tobacco monopoly bureau, has been at the center of an investigation since mid-March due to “economic problems”, a source inside the bureau told China Daily.

A special supervision team from the State Tobacco Monopoly Administration has arrived to lead the investigation, and all officials above county level are required to keep their cell phones switched on for 24 hours a day, the source said on condition of anonymity.

Zheng, who was scheduled to retire around the time of his detention, has held his post since 2003.

Insiders say he has a reputation as a shrewd businessman, and is credited with turning around the struggling tobacco industry in Xinzheng, a county-level city under the jurisdiction of Zhengzhou, where he was appointed tobacco bureau chief in the late 1980s.

By 1992, the city was making a profit of more than 1.5 million yuan ($238,000) from the sector, according to official statistics.

Zheng’s detention follows the mysterious death of Zhang Mingxian, director of the tobacco monopoly bureau of Shangqiu city in Henan.

The official, who received a promotion in September that made him responsible for the supervision of Henan’s tobacco industry, was found lying on a staircase in front of his office building on the morning of March 30.

Police issued a statement that same day on their verified Sina Weibo micro blog that said Zhang had committed suicide by jumping from the ninth floor.

The reason remains unclear, and a publicity official with Shangqiu tobacco bureau told China Daily that the case is under investigation.

Sun Yongjun, a tobacco official in Xiangcheng county and one of Zhang’s college classmates, said his friend’s body was cremated immediately without an autopsy.

“He was buried the next day in his native village in Jiaxian county. None of his colleagues went to his funeral for fear of being involved,” Sun said, adding that he and some classmates went.

Li Zhongkai, director of the Henan tobacco monopoly bureau’s planning office, was also detained on Feb 14 on suspicion of taking bribes, China Times reported.

Li’s wife was also detained but was bailed soon after, the report added.

Shi Pu, a professor of business management research at Henan University of Economics and Law, said the monopoly status has left the tobacco industry lacking in supervision.

Many growers and retailers agreed, including Wang Weiqin, a retailer in his 40s in Zhengzhou, capital of Henan.

One of his complaints is that he is made to buy unpopular brands of cigarettes whenever he orders best-selling ones from the local bureau.

“If I buy a pack of Zhonghua (high-end cigarettes sold for 60 yuan a pack), at the same time I have to buy at least four packs of Jinqu (a local brand costing 9 yuan a pack),” he said. “I have no choice but to accept it because there is nowhere else where I can purchase cigarettes other than the tobacco monopoly bureau.”

Wang Ya’nan contributed to this story.

anbaijie@chinadaily.com.cn

Duty-free industry welcomes agreement on illicit trade protocol

http://www.dfnionline.com/article/Duty-free-industry-welcomes-agreement-on-illicit-trade-protocol-1862540.html

Andrew Pentol

12-Apr-2012, DFNIonline.com

The protocol is not believed to call for a ban on duty-free tobacco sales

Consensus has been reached by the parties to the Framework Convention on Tobacco Control (FCTC) to tackle the smuggling of tobacco through the adoption of a protocol on illicit trade. It is understood that the protocol does not call for a ban on duty-free tobacco sales, but does subject the channel to further scrutiny.

The fifth meeting of the Intergovernmental Negotiating Body took place in Geneva at the beginning of the month where the parties agreed a way forward to tackle the illicit trade of tobacco.

The decision marks the end of a negotiating process spanning five years. In 2008 a proposal was made during the negotiations to ban duty-free sales claiming they contributed to illicit trade. The duty-free industry associations immediately responded and since then have been promoting a strong illicit trade protocol while resisting claims that duty-free was part of the problem.

The protocol will now be submitted to the next meeting of the Conference of the Parties of the FCTC to be held in Seoul in November when it is expected to be adopted. This will then begin the process of the protocol being ratified by individual states. Once the protocol has been ratified by at least 40 countries, it willcome into effect and become binding on signatory parties.

A join statement from the European Travel Retail Council; International Association of Duty Free Stores; Asia Pacific Travel Retail Association; Asociación Sudamerica de Tiendas Libres; and Middle East Duty Free Association read: “We are especially pleased that spurious claims that the duty- free industry was itself involved in illicit trade have been rejected by parties to the FCTC. Illicit trade in tobacco products is a criminal activity that also hurts the duty- free industry. It is good news for the industry that this long running process has now come to a positive conclusion.”

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http://www.moodiereport.com/document.php?c_id=28&doc_id=30646&over18=1

Duty free associations welcome agreement on Illicit Trade Protocol

Published: 12/04/12

By Dermot Davitt

INTERNATIONAL. Consensus has been reached by the parties to the Framework Convention on Tobacco Control to tackle the smuggling of tobacco through the adoption of a Protocol on illicit trade. In positive news for the duty free business, it is understood that the Protocol does not call for a ban on duty free sales of tobacco.

The fifth meeting of the Intergovernmental Negotiating Body took place in Geneva at the beginning of April where the parties agreed a way forward to tackle the illicit trade in tobacco.

The European Travel Retail Council (ETRC), the International Association of Duty Free Stores (IAADFS), the Asia Pacific Travel Retail Association (APTRA), the South American Duty Free Association (ASUTIL) and the Middle East Duty Free Association (MEDFA) welcomed the news. Although a duty free tobacco ban is not called for, the Protocol does still subject the duty free industry to scrutiny in the years to come. The duty free representative organisations said they were confident that the industry would stand up to any scrutiny.

In a joint statement, they said: “We are especially pleased that spurious claims that the duty free industry was itself involved in illicit trade have been rejected by parties to the FCTC. Illicit trade in tobacco products is a criminal activity that also hurts the duty free industry. It is good news for the industry that this long running process has now come to a positive conclusion.”

The decision brings to a close a negotiating process that has spanned five years. In 2008 a proposal was made during the negotiations to ban duty free sales claiming they contributed to illicit trade. The duty free industry associations immediately moved to respond and since then have been promoting a strong illicit trade Protocol while resisting the claims that duty free was part of the problem.

The Protocol will now be submitted to the next meeting of the Conference of the Parties of the Framework Convention on Tobacco Control to be held in Seoul in November when it is expected to be adopted. This will then begin the process of the Protocol being ratified by individual states. Once the Protocol has been ratified by at least 40 countries, it will go into effect and become binding on signatory parties.

A key moment for global tobacco-control efforts

Download PDF : Agreement Protocol

Customs swoops on illicit cigarette smuggling syndicate in Sai Kung

http://7thspace.com/headlines/408345/customs_swoops_on_illicit_cigarette_smuggling_syndicate_in_sai_kung.html

Hong Kong (HKSAR) – Hong Kong Customs today (March 20) swooped on an illicit cigarette smuggling syndicate in Sai Kung.On board a lorry and a van, a total of 87 boxes containing about 1.04 million sticks of duty-not-paid cigarette were found. The total value is about $2.6 million with a duty potential of about $1.7 million. In the operation, three men (aged from 21 to 34) were arrested, a lorry and a van were seized.

At about 1.30pm, while conducting an anti-illicit cigarette operation in Sai Kung area, Customs officers of Anti-illicit-cigarette Investigation Division spotted a suspicious lorry inside Tseng Tau Tsuen. Three men were seen off-loading some carton boxes from the lorry to a van. Customs officers then took action and found 87 boxes of illicit cigarette. Three men were arrested immediately.

Under the Dutiable Commodities Ordinance, anyone involved in dealing with, possession, selling and buying illicit cigarettes commits an offence. The maximum penalty on conviction is imprisonment for two years and a fine of $1 million.

Customs will continue to take stringent enforcement against cigarette smuggling activities to protect government revenue.

Members of the public are urged to report any suspected illicit cigarette activities to the Customs’ 24-hour hotline 2545 6182.

Source: HKSAR Government

Taiwan-to-New Jersey $325 Million Counterfeiting Ring Broken, Netting 29

http://www.bloomberg.com/news/2012-03-02/u-s-charges-26-in-325-million-chinese-counterfeit-smuggling-ring-busts.html

By David Voreacos – Mar 3, 2012 4:49 AM GMT+0800Fri Mar 02 20:49:15 GMT 2012

U.S. authorities charged 29 people with smuggling $325 million in counterfeit consumer goods from China, including phony Nike sneakers and Coach handbags, through a New Jersey port.

The bust was one of the largest counterfeiting probes in U.S. history, and it involved smuggling cigarettes, handbags and sneakers through the Port Newark-Elizabeth Marine Terminal as U.S. agents secretly watched and listened, U.S. Attorney Paul Fishman said. Agents infiltrated two overlapping criminal rings and lured them to use a front company run by the government.

Authorities arrested 23 people in New York, New Jersey,Texas and the Philippines. Six are at large. Most are Chinese and lived in New York. Prosecutors said they used phony paperwork to import goods in corrugated shipping containers, used distributors and wholesalers, and laundered illicit proceeds.

“The cost of counterfeit goods is not limited to massive financial harm to American businesses and consumers,” Fishman said at a news conference in Newark. “Criminals can exploit the same channels to import other material that threatens our health and safety.”

Estimates of annual counterfeiting worldwide are “tens of billions” of dollars a year, Fishman said.

“This is an extraordinarily large case but there’s a huge amount of this going on out in the world,” he said.

UGG Boots

Aside from Nike and Coach, the counterfeited brands including UGG boots; Burberry, Louis Vuitton and Gucci handbags; and Ed Hardy and Juicy Couture clothing, according to criminal charges in federal court in Newark.

Agents from the Federal Bureau of Investigation and from Homeland Security Investigations and the U.S. Customs andBorder Protection conducted parallel probes of crimes at the port, which moves 2.5 million containers annually. The rings eventually overlapped, and the agents coordinated their investigations.

The Homeland Security and CBP probe, begun in September 2009, focused on Patrick Siu, 39, of Richardson, Texas, and his associates, who are accused of smuggling $300 million in counterfeit goods. Siu worked with an undercover agent who promised to use his “connections” to help move containers through the port, according to a complaint.

Some defendants would take counterfeit goods to warehouses they controlled and remove generic labels to reveal fraudulent designer labels, or would add phony designer tags, authorities said. Others are accused of supplying retailers with counterfeit goods, and some laundered the proceeds, authorities said.

‘The Beijing Kid’

One defendant, Ning Guo, 38, of China, was known as “The Beijing Kid,” prosecutors said. He was also charged separately with a ring investigated by the FBI. That group is accused of importing more than $25 million in counterfeit goods and using a front company, set up by agents, that acted as an importer.

The arrest complaints quote dozens of secretly recorded conversations, including one between Hai Yan Jiang, 32, of Richardson, and Lin Wu, 43, of Maspeth, New York. They discussed importing counterfeit cosmetics, and Wu asked if the products would be safe, according to their arrest complaint.

Yan said the cosmetics were “counterfeit, but of good quality,” adding: “All I care about is to make money, other things do not matter.”

‘Go Be a Monk’

When Wu said “business needs to be done with a clear conscience,” Yan replied, “Then go be a monk.”

Three defendants were charged with trying to import crystal methamphetamine, including Soon Ah Kow, 72, of Hong Kong, who was indicted in January and arrested Feb. 18 in Manila. He was also accused of illegally importing cigarettes and footwear.

Two of those defendants, Hui Sheng Shen, 45, and Huan Ling Chang, 41, both of Taiwan. They discussed selling 50 kilograms of crystal meth to undercover agents, and delivered one kilo as a “sample load” that was concealed in tea bags hidden in a computer inside a cargo container, authorities said.

The cases include U.S. v. Patrick Siu, 12-cr-7061 and U.S. v. Ning Guo, 12-cr-7060, U.S. District Court, District of New Jersey (Newark).

To contact the reporter on this story: David Voreacos in Newark, New Jersey, at dvoreacos@bloomberg.net

To contact the editor responsible for this story: Michael Hytha at mhytha@bloomberg.net

Felixstowe/Sudbury: Gang which illegally imported 20m cigarettes is jailed

http://www.eadt.co.uk/news/felixstowe_sudbury_gang_which_illegally_imported_20m_cigarettes_is_jailed_1_1220001

‘Doran ran Crayford International, a Dubai-based company, and Crayford Creek Properties in the UK. Several years earlier he had sold a waste management company for £79 million.’

Felixstowe/Sudbury: Gang which illegally imported 20m cigarettes is jailed

Saturday, February 25, 2012

1:29 PM

AN INTERNATIONAL smuggling gang which illegally imported 20 million cigarettes disguised as toys has been jailed for a total of nearly 25 years.

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The operation was bankrolled by a multimillionaire British businessman, based in Dubai, and required “meticulous planning”, Ipswich Crown Court heard.

The Dubai-manufactured M&J cigarettes had a total black market value of up to £3 million. The gang planned to avoid £3.3 million in importation duty.

They were arrested after investigators placed them under surveillance, and were caught red handed as the cigarettes were shipped through the Port of Felixstowe in November 2009.

Describing the operation, prosecutor Mark Paltenghi said: “An international smuggling operation of this kind would require meticulous planning at every stage. It also required a significant up-front cost.”

He added: “The group decided the cargo should be described as something bulky but innocent. They described the containers as toys.

“They did not use the shortest, direct route between Dubai and the UK because Dubai is not famous for manufacturing toys.

“Instead they used a route some 8,000 miles longer via Hong Kong as this would avoid suspicion.”

HM Revenue and Customs (HMRC) and the Serious and Organised Crime Agency (SOCA) led the investigation.

Mr Paltenghi said Paul O’Meara, described as the “lynchpin”, was responsible for setting up the deal bankrolled by multimillionaire Robert Doran and Patrick Gray, who owned a scaffolding company.

Doran ran Crayford International, a Dubai-based company, and Crayford Creek Properties in the UK.Several years earlier he had sold a waste management company for £79 million.

Gray, who also provided part of the set-up cost estimated at about £200,000, met O’Meara through Doran.

Martin Cleland, Mark Sadgrove, Wayne Stock and Matthew Neale worked as “foot soldiers” under the three men’s leadership, Mr Paltenghi said.

O’Meara, Sadgrove and Neale were arrested after a warehouse in Upminster was raided by officers.

Stock was arrested a short time later while the three other gang members were traced months later.

In mitigation the court heard O’Meara, once a wealthy businessman, had financial problems and “took the wrong route out”.

Along with Doran and Gray, who was a “minority investor”, he admitted the offence at the earliest opportunity.

The seriousness of the final four men’s involvement was far less than that of the three ringleaders, the court heard.

O’Meara, 48, of Sudbury; Doran, 47, of Dubai; and Gray, 53, of Hertford, all admitted conspiracy to evade excise duty.

They were each ordered to serve four years and six months in prison.

Cleland, 45, of Hornchurch; Sadgrove, 39, of Loughton; Neale, 44, of Harlow; and Stock, 38, of Chelmsford, all in Essex, were found guilty of conspiracy after a trial.

Cleland was ordered to serve four years and six months, Sadgrove two and a half years and Stock and Neale two years

New unit to target cigarette smugglers

15-strong team to focus on door-to-door deliveries by gangs, and online sales

Clifford Lo 
Feb 20, 2012

Smuggling gangs who deliver illicit cigarettes door to door to order are the target of a new customs unit, which will also monitor those trying to sell cigarettes online.

The 15-strong team will tackle gangs who deliver fliers with price lists for different brands and mobile phone contact numbers. The cigarettes sell for between one-fifth and half the usual retail price as smokers seek cheaper options after a 41.5 per cent increase in the tobacco tax came into force last year.

The unit, which starts work in April and will have an annual budget of more than HK$4 million, was set up in response to a shortage of manpower on the anti-illicit cigarette investigation team that was set up in 2003.

The older unit will focus on finding illegal cigarettes as they are imported or stored.

“We foresee that phone-ordering services for illicit cigarettes will continue and the new unit can strengthen our action to fight the illegal trade,” said Superintendent Kong Shui-wing, deputy head of customs’ revenue and general investigation bureau.

He said undercover efforts were becoming more difficult because gangs were taking more precautions after customs officers stepped up efforts to tackle contraband cigarettes last year.

The crackdown resulted in the seizure of 106 million illicit cigarettes worth about HK$250 million, the largest seizure since 2008 and up about 40 per cent on the 2010 figure.

But traffickers “have reacted to the crackdowns and become more alert to our undercover operations”, Kong said, with many using prepaid phone cards and changing their contact numbers regularly to avoid detection.

“To avoid being caught, they have ways of screening new customers to ensure the potential clients are not undercover agents. They will ask more questions over the phone, observe and check out where they live before doing business.”

The gangs are particularly active in public housing estates in Tin Shui Wai and Sheung Shui. Complaints about telephone sales were the subject of more than 1,000 of the 2,792 complaints relating to illicit cigarettes received by the Customs and Excise Department last year.

The customs team would also look at the sale of cigarettes through internet chat rooms, Kong said.

He said customs officers were monitoring websites, but undercover officers posing as buyers had found only a handful of such cases in the past two years.

clifford.lo@scmp.com

Customs swoops on illicit cigarette smuggling syndicate in Sheung Shui

http://7thspace.com/headlines/405604/customs_swoops_on_illicit_cigarette_smuggling_syndicate_in_sheung_shui.html

Hong Kong (HKSAR) – Hong Kong Customs yesterday (February 11) swooped on a cross-boundary illicit cigarette smuggling syndicate in Sheung Shui.On board a cross-boundary lorry, a total of 92 boxes containing 1.1 million sticks of duty-not-paid cigarette were found.The total value is about $2.8 million with a duty potential of $1.9 million.In the operation, two men, aged 41 and 54 respectively, were arrested and the cross-boundary lorry was seized.

At about 1.30pm yesterday, while conducting an anti-illicit cigarette operation in Sheung Shui area, Customs officers of Anti-illicit-cigarette Investigation Division spotted a cross-boundary lorry in a public car park at Fung Nam Road, Sheung Shui.Two men were seen off-loading some wooden boxes from the lorry to a local rental lorry.Customs officers then took action and found 92 boxes of illicit cigarette. The two men were arrested immediately.

Under the Dutiable Commodities Ordinance, anyone involved in dealing with, possession, selling and buying illicit cigarettes commits an offence.The maximum penalty on conviction is imprisonment for two years and a fine of $1 million.

Customs will continue to take stringent enforcement against cigarette smuggling activities to protect government revenue.

Members of the public are urged to report any suspected illicit cigarette activities to the Customs’ 24-hour hotline 2545 6182.

Source: HKSAR Government

Tobacco imports plunge

http://www.macaudailytimes.com.mo/macau/33550-Tobacco-imports-plunge.html

08/02/2012 10:44:00

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The importation of tobacco has decreased by 60 percent since the anti-smoking act came into effect last month.
Figures released by Portuguese language newspaper Tribuna de Macau show that the impact of the new law in tobacco sales was bigger than expected. It was expected to go down only by 40 percent.
President of the Tobacco Trade Association, Chan Ho Lam, warned that some local companies might declare bankruptcy due to the market downturn. He said that the sharp drop was a result of measures which are hampering the survival of the business, though the fight against tobacco smuggling was strengthened.
Tobacco tax increased by MOP 0.50 for each cigarette, to come into line with the ban on smoking in public places. Taxes on tobacco in Macau will reach MOP 10, around 38 percent of the retail price.
Chan said that the cheaper brands experienced a bigger drop in sales. Sales reductions amounted to about 70 percent, since prices went up, while the business of more expensive brands climbed 40 percent.
The association believes that the government must impose limits to duty free tobacco, just like in Hong Kong, that only allows people to enter with 19 cigarettes.

LCQ8: Sale of illicit cigarettes

http://7thspace.com/headlines/405290/lcq8_sale_of_illicit_cigarettes.html

Hong Kong (HKSAR) – Following is a question by the Hon Wong Ting-kwong and a written reply by the Secretary for Financial Services and the Treasury, Professor K C Chan, in the Legislative Council today (February 8):

Question:

It has been reported that quite a number of traders are suspected of selling duty-not-paid cigarettes (illicit cigarettes) through a major shopping web site on the Mainland; as the retail price of these illicit cigarettes is 60% lower than that of genuine duty-paid cigarettes, and traders can deliver the illicit cigarettes through courier companies to the buyers’ residences in three days, thus quite a number of young people in Hong Kong are attracted to place orders. In this connection, will the Government inform this Council:

(a) whether it knows the details of the aforesaid online selling of illicit cigarettes (including the operation of online selling of illicit cigarettes, the monthly average sales volume, the number of local buyers and their main age groups, etc); if not, of the reasons for that;

(b) whether it had seized any illicit cigarettes smuggled to Hong Kong through courier service last year; if it had, of the quantity of illicit cigarettes seized, and the number of cases in which prosecutions were instituted; and

(c) what measures are in place to combat shopping web sites selling illicit cigarettes to Hong Kong people, and how enforcement will be stepped up to combat the smuggling of illicit cigarettes by couriers?

Reply:

President,

(a) The Customs and Excise Department (C&ED) has been closely monitoring illicit cigarette activities. Intelligence reveals that the sale of illicit cigarettes via internet is not common.

Last year, C&ED received only a single complaint regarding such activities in the local market. C&ED will continue to monitor the situation so as to prevent such illegal activities.

(b) In 2011, C&ED effected one case on the sale of illicit cigarettes via internet. One male offender was prosecuted with 600 sticks of illicit cigarettes seized.

There is so far no case on the sale of illicit cigarettes via Mainland shopping web site and delivered to Hong Kong by couriers.

(c) C&ED will take stringent enforcement actions against illicit cigarette activities. If the illicit cigarette activities involve Mainland websites, as these websites are operated outside Hong Kong, C&ED would refer such cases to the Mainland authorities for follow-up actions or appropriate preventive measures. Having regard to the mode of delivery adopted by such activities, C&ED will also step up inspection on import cargoes to prevent the smuggling of illegal commodities into Hong Kong.

Source: HKSAR Government