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Cigarette Smuggling

Big Trouble at Big Tobacco Tales of Mobsters, Smugglers and Hackers

http://hetq.am/eng/articles/6099/big-trouble-at-big-tobacco-tales-of-mobsters-smugglers-and-hackers.html

15:19, November 3, 2011

By OCCRP

http://hetq.am/static/news/b/2011/11/6099.jpg

Reports piled up from Japan Tobacco International (JTI) investigators around the globe. Mobsters were doing business withthe firm’s Russian distributorship while shipping tons of illegal cigarettes into Europe. Workers felt endangered. Accused smugglers and criminals ran some of its Middle East partnerships.

And when investigators received information that13 JTI employees or distributors may have been working directly with smugglers, a senior executive at JTI blocked an investigation, according to company e-mails and internal memos.

JTI had some problems.

The company’s investigative team – experienced hands culled from the CIA, British police, U.S. Special Forces and elsewhere – chronicled and fought those problems for years. They went undercover, shut down smuggling routes and worked with European police to interceptshipments worth millions of Euro. The deeper they dug, the more evidence they say they uncovered against JTI’s employees and its distributors.

And that, according to thousands of pages of company records, e-mails and secret recordings obtained by the Organized Crime and Corruption Reporting Project (OCCRP), along with interviews of a half-dozen past employees, created another problem for the world’s third largest tobacco company.

The investigatorshad become too successful, they say.

JTI’s own investigators sayJTI and its parent Japan Tobacco did almost nothing when faced with reports their distributors smuggled tobacco through Russia, Moldova, the Balkans, Afghanistan and the Middle East. The apparently rampant smuggling occurred despite a 2007 agreement with the European Union mandating that JTI proactively investigate all claims of smuggling. The agreement prompted a public pledge by the company to adopt a zero-tolerance policy on illicit shipments.Those investigators say they were let go because of their concerns.

This year, as Syrian president Bashar Al-Assad killedhis own people and faced worldwide sanctions, JTI’s Middle East business partner IBCS poured cigarettes into duty free shops, according to invoices obtained by OCCRP.

The profits went to a company whose owner, Rami Makhlouf, according to a European Union sanctions order on May 23, “provides funding to the regime allowing violence against demonstrators.” Four days after the sanctions took effect, JTI’s partner and sole Middle East distributor shipped 9,000 cases – 90 million individual cigarettes — to Syria Duty Free.

In the same month, Syria Duty Free claimed to transfer ownership from the Mahklouf family although OCCRP could not verify this.  However, a US Department of Treasury notice two months later says “the U.S. Government has reason to believe that Rami Makhluf (sic) is disassociating himself (in name only) from his businesses and looking to safely store his wealth outside of Syria.”

Simon Evans, a spokesman for rival Imperial Tobacco, said his company stopped selling to Syria Duty Free the instant sanctions took effect and hasn’t resumed.

“We do have some questions about the sale by Mr. Makhlouf and whether it is valid, but even if it is valid, we and the entire industry are required to do full and complete vetting on any new distributors. Obviously that can’t happen in a few days or months, so we can’t resume sales until this is sorted out,” Evans said.

Evans also said Imperial has stopped selling to the Syrian government-owned General Organization of Tobacco because of questions about its banking transactions, even though it is not on the sanctions list. JTI shipped more than 84,000 cases of cigarettes to GOT on May 27, including 20,000 cases free of charge. The bill totaled about $15 million, according to a JTI invoice.

JTI e-mails detail how widespread the smuggling had become across several regions. JTI Investigators caught an Israeli distributor smuggling large quantities of cigarettes into Iraq and Belgium, but investigators say the company took no action. Contractors working for JTI paid officials in Iraq, Kurdistan and Iran to get information on smuggling routes, according to the company’s internal reports on Iraq, and interviews with contractors.

JTI is the international arm of cigarette giant Japan Tobacco, which, in turn is owned more than 50 percent by the Japanese government. JTI reported $25 billion in sales in their last fiscal year on brands including Winston, Camel and Benson &Hedges, according to its annual earnings report.At a shareholder meeting in February, President and CEO Pierre De Labouchere lamented a difficult financial environment but lauded the strength of its Russian and Middle East operations during 2010.

Those two markets are the hub of smuggling by JTI distributors, according to e-mails, investigative notes, and internal documents obtained by OCCRP.The internal JTI records and related materials were provided to OCCRP by sources close to the company. Six former employees confirmed the authenticity of the documents.

Executives at JTI headquarters in Geneva, Switzerland, did not respond to specific questions, but did issue a written statement blaming a “former employee’’ for spreading false information.“We will decline your invitation (to comment). Our company does not wish to comment on the unfounded allegations raised in the various e-mails you sent us,” Guy Cote, a media relations vice president, wrote in an e-mail.

Deborah Arnott, chief executive of Action on Smoking and Health (ASH) in London, said the revelations against JTI prove that the tobacco industry hasn’t abandoned its old practices.

“JTI, Philip Morris International, BAT and Imperial, have signed legally binding agreements with the EU committing to preventing smuggling of their products anywhere in the world,” she stated. “If subsequently JTI has carried on aiding and abetting smuggling, then it’s clear that a regional agreement like that negotiated by the EU is insufficient.When you have smuggling, you undermine public health, you invite crime and you rob tax payers of millions of pounds of revenue every year.”

Blocked Investigations

In 2009 and 2010 as JTIinvestigators uncovered what they called substantial evidence of illegal trade, managers repeatedly interfered with efforts to stop the trafficking. Mark Mulvey, a senior vice president, directly blocked an investigation into the Audeh Group, its Middle East distributor, according to company e-mails, and internal memorandums.

Kevin Tomlinson, the general manager in Russia, said that he wasn’t concerned about an increase in cigarette seizures at Baltic borders because profits outstripped potential EU-imposed fines for not stopping the smuggling, an email from the compliance team reported. Tomlinson’s comment was also secretly recorded by the compliance team.

Tensions between company executives escalated. David Reynolds, the former vice president of brand integrity tasked with stopping smuggling, clashed heatedly with bosses who he said wanted to slow down investigations that could hurt their profitable partnerships, JTI internal correspondenceshow.

In April 2010, Reynolds wrote a blistering e-mail to Ryuichi Shimomura, senior vice president and chief legal officer for the parent company, Japan Tobacco. In it, he argued that not only were distributors smuggling its product, but that JTI executives knew about the problem and did nothing.  He argued that even informationon investigations was being leaked to smugglers.

“Shipments to unauthorized buyers have reached a massive scale exposing the company to fines potentially of around €30 million,” Reynolds wrote. “We have repeatedly reported our findings to JTI management … but have yet to elicit any concerted effort to halt these diversions.

“In recent months members of my team have been directed not to investigate several instances of smuggling related to specific JTI distributors … and the possible involvement of JTI employees with knownsmugglers,” Reynolds wrote on Friday,April 10, 2010.

On Monday, April 13, Reynolds was fired.

The company also removed his top assistant, Craig Douglas, that same day. Over the next several months, JTI phased out nearly a dozen contractors who knew about the smuggling and worked closely with Reynolds and his unit. By July of this year, nearly all of Reynolds’ team had been terminated.

“What happened was that Dave (Reynolds)’s group had figured the whole thing out, and they were going after various people,” said Cary Hendricks, a computer intelligence specialist who spent six years contracting at JTI. “Once they had gathered enough proof, they called in the cavalry (notifying senior executives). Then just like that, Dave and Craig were fired – a totally unexpected turn of events.”

“At that point, the entire culture of JTI investigations changed. You had this extremely professional, experienced team working together and sharing a lot of information,” said Hendricks. “There was a buzz in the office, and they were doing great work. And they were replaced by what appeared to be a bunch of office workers who would show up, sit at their computers and do nothing as far as real investigations. It was sad to see.”

They were replaced in part by former employees of the Gallaher Group, which JTI bought in 2007. Gallaher, a British company, was implicated repeatedly in smuggling operations and helped smugglers evade more than $1.5 billion in customs tax in Great Britain in the early 2000s, according to a lengthy UKcourt case.

“You have to ask yourself how serious they are when they bring in people from Gallaher to takeover,”said a former employee who had knowledge of both companies. “The culture in Gallaher was very much, ‘Let’s not get caught, but if we do get caught, be prepared to defend ourselves.’ They didn’t take steps to stop smuggling, just to insulatethemselves when it came out.”

Destroying Documents

Tobacco is the world’s most smuggled legal product, in large part because profits are huge and penalties weak. Smugglers ship containers of tobacco from areas with low taxes such as Russia and Ukraine, or from duty free spots in Dubai and Panama, to high-tax countries in Western Europe and North America. A single container of cigarettes can bring a $1 million profit.

Unlike counterfeiting, smuggling actually benefits tobacco makers. High taxes sharply curtail smoking, studies have shown, so smuggled goods keep them affordable, creating new consumers and sustaining old ones. Smuggling cost government budgets throughout Europe about $14 billion per year in tax revenues, according to a June, 2011 report by the European Commission.

Since the mid-1990s, major cigarette companies have repeatedly been implicated in working with criminal groups to smuggle cigarettes, feeding billion-dollar black markets in contraband smokes. In the past eight years, tobacco makers have paid at least $5 billion in fines and signed agreements to stop participating in the illicit trade. JTI signed a compact with the European Commission in 2007 obliging it to crack down on smuggling and put in place what it called a “zero tolerance policy,” toward illicit shipments.

But evidence from JTI records suggests the company has been less than compliant with the ECagreement. In March, 2010, a private investigator in Belgrade compiled a computer spreadsheet from law enforcement sources listing the names and phone numbers of businesses and individualsworldwide who had shown up in the records of a large-scale smuggling operation conducted by European police agencies. It included 13 JTI employees and distributors.

The Serbian listraised troubling questions. First, the compliance team wanted to know if the investigator, on contract with JTI, bribed law enforcement officials for the information, or was it passed on as a tip to be investigated. Once they decidedthe document came legally, they would investigate the 13 named employees and contractors, according to company e-mails.

That never happened. Nigel Espin, the director of corporate security who came over from Gallaher, expressed concern aboutpossessing proprietary police informationand in a March 10, 2010 e-mail ordered the document returned to the contractor and the investigation halted. He also ordered the document listing the employees and contractors deleted from all records and the JTI computer system. The next day, Chief of Compliance Jean-Luc Perreardconfirmed the order to end the investigation.

Michael Padilla, a JTI contractor who ran undercover operations in Iraq and around the Middle East, said the company was obsessed with gaining market share.

“At first I had a honeymoon phase and was free to go after smugglers in certain areas, but soon it became very apparent that they had relationships with some of the smugglers I was going after,’’ Padilla said. “JTI was trying to protect their market share.Market share, and controlling Iran and the Middle East, was the number one priority for them.’’

Similar conflicts took place at JTI’s offices around the world. In Russia, JTI investigators reported that alleged mobsters had financial stakes in some of JTI’s largest Russian distributorships, according to company e-mails and auditing reports.

JTI investigators and quality control officers in Russia and the Baltics detailed massive smuggling by distributors, particularly of its St. George Brand. But no action was taken, according to internal memos filed by investigators in Russia and by Reynolds, the former brand integrity chief.

Zero Tolerance?

Helping fuel Japan Tobacco‘s growth over the past decade was its purchase of two companies long accused of smuggling, Gallaherand RJR Reynolds.

The governments of Canada and Ecuador sued RJR in the 1999under U.S. anti-racketeering laws, claiming that the company actively smuggled. The European Commission filed a separate suit, accusing high level RJR executives of knowingly accepting criminal proceeds and laundering moneywith drug cartels in South America, working with terrorists in Northern Iraq and of breaking trade embargos to ship cigarettes to Iraqi dictator Saddam Hussein’s government.U.S. judges dismissed all lawsuits, saying they didn’t have jurisdiction over foreign tax matters.

But between 2003 and 2007, Canada’s Royal Mounted Police and revenue collectors filed fraud charges against JTI-McDonald (formerly RJR-McDonald, the company’s Canadian division) and some of its executives for evading more than $1.36 billion of taxes in 2003 alone.

After a series of court judgments – JTI actually filed for court protection against creditors in 2004 after Canada won a $1 billion award – RJR and JTI-MacDonald agreed to pay about $475 million in 2010.

Gallaher was equally notorious. In 2005, Gallaher fired a distributor it accused of smuggling tobacco. The distributor filed a lawsuit, saying Gallaher systematically engaged in smuggling. Gallaher won its lawsuit, but testimony and a judge’s final order dismissing the lawsuit harshly rebuked Gallaher.

In testimony for the civil lawsuit, a former director of Gallaher, Norman Jack, testified the company routinely enabled smuggling and adopted a culture of “willful blindness.”

Against that backdrop JTIadopted what it called a zero tolerance policy on smuggling in 2007, the same year it acquired Gallaher. It also entered into a binding agreement with the European Union calling for it to spend $400 million on anti-smuggling measures over the next 15 years, and implemented steep fines for violations. Under the terms of the pact the company agreed train its employees, and enforce a broad strategy to crack down on illicit shipments.

JTI Chief Executive Officer Thomas McCoy and Paul Bourassa, a senior vice president charged with regulatory and compliance issues, outlined the procedures in a memo to employees on Aug. 16, 2007. Both men had been senior executives at RJR when it was accused of conspiring with smugglers.

“In light of the recent acquisition of the Gallaher group, steps were rapidly taken to ensure that certain practices that could potentially run afoul of JTI’s Code of Conduct were addressed,”the memo said. “JTI’s is committed ….to act swiftly and decisively in stopping actual or potential illegal sales of its product will be acted upon.”

Despite the announcement, incidents of wrongdoing by JTI’s distributors were reported almost monthly during 2009-10, according to company records, but former employees said no action was taken in the most profitable areas. The records show that investigators suspected tens of millions of cigarettes were being diverted to smuggling operations in Russia and the Middle East and elsewhere, often with the help of JTI’s own distributors.

In Montenegro, Roksped served as JTI’s distributor for the Montenegro, and remains so today, despite a 2007 arrest and a recent conviction for cigarette smugglingof Anton Stanaj, a memberof the powerful family that runs Roksped.

Dubbed operation “Memphis”–after a pre-JTI Gallaher brand–the Balkan police operation tracked shipments of cigarettes from China, Dubai and other countries to Montenegro and on to the EU through Roksped and other companies. According to the indictment, Stanaj used Rokspedas the smuggling base of operations.

Stanajwas convicted in May this year in Belgrade and sentenced to six-and-a-halfyears in prison. Rokspedis still JTI’s partner in Montenegro according to the firm’s website, and Stanaj is appealing his conviction.

Representatives of Roksped and the Stanaj family did not respond to six telephone messages and five e-mails from OCCRP.

JTI also continued, and in fact expanded its relationship, with another alleged smuggler, IBCS Trading. In 2002, the European Union filed a lawsuit accusing IBCS of being a “co-conspirator” with RJR Reynolds in smuggling operations. A U.S. judge tossed out the lawsuit, citing a 100-year old law barring U.S. courts from hearing revenue disputes of other governments.

In 2001, JTI and IssaAudeh, owner of IBCS, went into business together to form JT International in Jordan, according to the Audeh-Group website.

JTI investigators in the Middle East and Asia documented what they called widespread smuggling by IBCS to Iraq, Iran Cyprus and elsewhere during 2009-2010.

IBCS did not respond to four telephone calls from OCCRP. An e-mail sent through the company’s website– at the request of an IBCS official – received no response.

Hacked Computers

At the center of the investigations was David Reynolds, who ran JTI’s Asian-Pacific office of Brand Integrity for four years before being promoted to oversee global operations at the end of 2008.

A former analyst for the U.S. Central Intelligence Agency, Reynolds is brusque and demanding, according to several former JTI employees. He saw things in terms of black and white, good and bad, and clashed with executives who were interested only in superficial investigations, they said.

He quickly assembled a team of investigators, some of whom he had worked with before, others he knew only by reputation. By early 2010, the team was running an extensive undercover operation in Iraq and Kurdistan, and had broadly expanded the company’s investigative capabilities.

As the investigators compiled information on Audeh Group, ICBS, and others, the staff also uncovered evidence that its computers were being hacked. Cary Hendricks, a computer security specialist who spent six years as a JTI contractor, found a unique sort of “Trojan horse” had infected the team’s computers and allowed hackers to see what each operative was writing, according to company e-mails.

Hendricks traced the hacking to an empty warehouse in Mexico and eventually to a Canadian company, another JTI contractor whose staff includes former members of the CIA and French intelligence, according to company e-mails and memoranda. Invoices obtained by OCCRP show that JTI paid $300,000to the Canadian company.

According to a November 2009 memo, Senior Vice President Mark Mulvey admitted ordering some of the hacking. Mulvey also ordered another company executive, Willem Van Aldrichem, to shut down all investigations of Audeh and IBCS, according to a secretly tape recorded conversation between JTI employees on Jan. 10, 2010.

By the spring of 2010, relations between the investigative team and its superiors had soured to the point where only one side would survive, according to interviews with several people involved in the investigations. On April 10, Reynolds made his pitch in a letter to Ryuichi Shimomura, the chief legal officer of the parent company.

“… JTI management has not lived up to the ‘zero-tolerance policy’ … and, in those cases that touch on smuggling into or via the European Union, has specifically and repeatedly violated (its obligations under the European Commission agreement of 2007).” Reynolds wrote. “In a few cases sensitive information from (brand integrity) investigations has even been passed back to the smugglers themselves by unknown persons in the company.”

Reynolds asked for support. Instead, he was gone. Other contractors were fired or phased out, and many accepted large settlement payments and signed confidentiality agreements.

Following his dismissal, Reynolds went to work at FBI headquarters in Washington, D.C., where he is a senior analyst on organized crime.

In an e-mail to OCCRP, FBI press officer Amy J. Thoreson said the agency would not allow Reynolds to comment for the story.

Several other fired investigators were quickly snapped up by executives at rival companies. One senior investigator ousted with Reynolds said he turned down a JTI severance package worth $100,000 because it meant signing a non-disclosure agreement. “I have to look at myself in the mirror,” he explained.

He asked to remain anonymous because he is now working for a rival company.

“I don’t think they knew what they were getting into when they hired Dave,” the investigator said. “For years they had people who were content to collect their money and not do anything. That’s how the game worked.”

“And suddenly we come in and start doing real investigations and uncovering a lot of smuggling,” he said. “They didn’t like what we were doing, and we didn’t like what they were doing. It was great for a few months, but it couldn’t last. They just didn’t want us to do our jobs.”

Reported and written by John Holland, Bojana Jovanovic and Stevan Dojcinovic for OCCRP.

Serbia: Subotic Receives 6 Years In Cigarette Smuggling Case

Oct. 29, 2011

http://www.reportingproject.net/occrp/index.php/ccwatch/cc-watch-indepth/1208-serbia-subotic-receives-6-years-in-cigarette-smuggling-case

The Serbian Special Court for the Fight Against Organized Crime today sentenced Serbian businessman Stanko Subotic to six years in prison for abuse of office for overseeing his company’s smuggling of cigarettes into Serbia from Macedonia and Hungary.  The court sentenced Subotic’s nephew, Nikola Milosevic, to four-and-a-half years behind bars and former director of the Federal Customs Administration Mihalj Kertes to four years both for aiding and abetting the abuse of office.

Eleven other accomplices received shorter sentences ranging between 10 months and three and a half years.  Two of the suspected associates were acquitted.

According to the verdict, Subotic, his employees, and complicit state authorities used MIA, a company he set up in 1991, to illegally earn €33.6 million through smuggling cigarettes in 1995 and 1996.

Although both the indictment and verdict detail Subotic’s cigarette smuggling operations, he and his associates were actually tried and convicted of abusing their positions in a private company under a seldom used law dating from Serbia’s days as a constituent republic of the former Socialist Federal Republic of Yugoslavia.  While the verdict says that Subotic and his group are guilty  of “abusing their positions in a private company to smuggle cigarettes,” they were not directly convicted of the crime of smuggling cigarettes.  The distinction will likely save Subotic a future extradition or problems in other countries because no country recognizes such a charge.

Subotic was arrested at a Moscow airport three and a half years ago on an Interpol warrant issued by Serbia, but released shortly thereafter by Russian officials who said the charges were based on an obsolete law.  Both Subotic and Milosevic were tried in absentia.

The court also demanded that he pay a €750,000 fine in addition to serving out his prison sentence.  His six year penalty is in the mid-range of mandatory punishments for abuse of office, which range between two and 12 years.

Subotic’s colleagues, who got lesser sentences, smiled through the armored glass when their penalties were pronounced, shooting each other grins and thumbs up signs, signifying that they were pleased with the relatively short time periods they will be spending behind bars.  Some of them have already spent a year in prison, so four of the convicted parties were released from custody.

The verdict details the way in which the syndicate bought cigarettes in cash, primarily from Macedonian producer Makedonijatabak, and then smuggled them into Serbia, storing them in warehouses and then selling them without paying customs taxes.

The indictment shows that Subotic was aided and abetted by state officials including Mihalj Kertes.  According to the charges, the former customs director gave orders to his employees not to record Subotic’s trucks containing the illicit cigarettes in their border logs.  Serbian prosecutors also said that the former police chief of Novi Sad, Serbia’s second largest city, told local police subordinates who discovered the contraband not to investigate it. The former chief, Miodrag Zavisic, received a penalty of one year in prison.

According to the indictment, an armed security group also protected the smuggling operations.

Subotic owns businesses based in Serbia, Denmark, Russia, Montenegro and Greece, as well as tracts of land in France.  In 2006, Polish magazine Wprost named him the 86th wealthiest man in Eastern Europe, with an estimated wealth of €650 million.  His wealth is said to have declined sharply, but no one knows his current net worth.

Imperial Tobacco Australia Limited Submission regarding the Consultation Paper Tobacco Plain Packaging: Proposed approach to non-cigarette tobacco products

Download (PDF, 144KB)

Cigarette prices rise above 6 euros

http://connexionfrance.com/Cigarette-tobacco-tabac-budget-Fillon-Marlboro-13081-view-article.html

Oct. 17, 2011

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FOR the third year in a row the price of cigarettes has risen and the 6% rise means a pack of the most popular brand, Marlboro, costs 6.20 euros.

Anti-smoking groups say that despite tobacco being responsible for 60,000 deaths a year in France the increase will make no real impact on the number of smokers. They say it has only been introduced to help the government’s budget as it will bring in 90 million euros this year and 600m euros next.

Tax makes up 80% of the price of a packet of cigarettes and last year raised 13 billion euros with 10bn euros going to the Secu social security budget. Smoking-related diseases are said to cost the Secu 20bn euros a year.

Prime minister Francois Fillon has already announced prices will rise by 6% again next year without specifying when.

Although cigarette sales dropped from 54.98bn in 2009 to 54.79bn in 2010 actual tobacco sales increased by 0.14% in volume, the French drug monitoring centre Observatoire des Drogues said. It highlighted an increased volume of loose tobacco sold, rising 4.7% from 7,257 tonnes to 7,598 tonnes over the same time period.

French Customs estimates 20% of the cigarettes smoked in France are not bought through the network oftabacs, with 5% coming in illegally and 15% being bought in neighbouring countries such as Belgium and Spain where prices are up to 30% cheaper.

A study by anti-smoking group Paris Sans Tabac said the number of college age youths (12-15) who smoke daily doubled between 2007 and 2010. It added that girls are now more likely to smoke than boys.

Eight cigarette smugglers jailed

http://www.straitstimes.com/BreakingNews/Singapore/Story/STIStory_723316.html

http://www.straitstimes.com/STI/STIMEDIA/image/20111014/2885006-ST-main.jpg

Eight Indonesian nationals have been jailed for smuggling contraband cigarettes over the past two days. — ST PHOTO: WANG HUI FEN

By Elena Chong

Eight Indonesian nationals have been jailed for smuggling contraband cigarettes over the past two days.

Four of them – Jamal, 41, Hasan, 28, Linggo Laksito, 31, and Abdul Salam, 29 – were each given two years’ jail on Thursday for importing 1,375 cartons of duty-unpaid cigarettes and not paying goods and services tax on the goods on board Dahlia II at Jurong River on Tuesday.

The unpaid excise duty and GST amounted to $118,976 and $10,348 respectively.

Background story

Refer to an earlier article on the story here. Pictures: Cartons of illegal cigarettes seized from 2 Indonesian vessels

On Friday, four more Indonesians on board wooden coaster K. M. Seni Jaya, who were arrested on Tuesday night, were given between 18 months and 22 months for smuggling 1,164 cartons of assorted cigarettes at the same location.

http://www.straitstimes.com/STI/STIMEDIA/image/20111013/asd04.jpg

Turning profits from a puff of smoke

http://www.chinadaily.com.cn/hkedition/2011-10/05/content_13837687.htm

Turning profits from a puff of smoke

A woman pushes ten packs of cigarettes into her socks, to smuggle them across the border, right in front of a duty-free shop at Luohu Port. Michelle Fei / China Daily

Turning profits from a puff of smoke

Cigarettes are sold at duty-free prices at a retail store outside Luohu Port. Michelle Fei / China Daily

Cigarette smuggling has leapt more than 45 percent since the tobacco tax took a big jump earlier this year. Potential profits are so high that the illicit tobacco trade is drawing high numbers of small entrepreneurs. Michelle Fei reports.

It was around 7 pm at Luohu Port, Shenzhen, when a middle-aged woman, dressed casually in a black shirt and black sports trousers, walked into a duty-free shop and asked for a carton of cigarettes. A few minutes earlier the woman had crossed the Shenzhen checkpoint. The store clerk hardly looked at her, handing over the cigarettes without hesitation.

Outside, the walkways were crowded with pedestrians – a typical scene as the sun set in the west.

Back inside the duty free shop, the female customer slit open the cigarette carton and one by one removed ten packs. Something in her manner made it look as if she’d done this before. Then she rested one legs on a nearby fire extinguisher, peeled back her trouser leg and started pushing the cigarettes into her socks. When she had completed the task she rolled down her trouser legs, packed up and quietly headed for the Hong Kong checkpoint. Her manner was perfectly serene as if what she had just done was completely normal. The saleswoman, who saw the whole thing unfold, seemed to think it was perfectly normal, too. She showed no surprise, nor did the customers standing nearby. A casual witness would hardly believe there was a crime in progress.

The woman clearly was breaking the law, bringing 200 cigarettes into Hong Kong, nearly ten times of the duty-free limit of 19 cigarettes. This could have earned her a two-year prison sentence, the maximum for smuggling cigarettes into Hong Kong. That and HK$1 million fine is under the Dutiable Commodities Ordinance.

“You can buy as many duty-free cigarettes as you want from me, as long as you are not caught by the Customs,” said a staff member of a tobacco retail store outside the Luohu Port, in response to a question from a China Daily reporter, acting as an ordinary smoker.

“There are many ways for you to avoid being caught by the Customs. You can just hide the tobacco under your clothes or simply put them in your pocket. The scanning machines only check luggage, not for human beings,” said the anonymous retailer, a young man in his 20s.

On the shelves were many brands of cigarettes from Hong Kong, Macao and Vietnam, offered at duty-free prices that legally are available only inside the port. When asked how he managed to stock so many duty-free tobaccos, he replied only that he could guarantee these were the same as were being sold at the duty-free shops inside the port.

“It’s normal for people to buy one to two cartons of cigarette to cross the border. The scanning machine are not very smart – it cannot identify cigarettes if you just put them inside your bag,” said a female in another retail store located on the second floor of the Luohu Port shopping mall.

A restaurant located next to the woman’s store even sales take-away boxes for people to pack up cigarettes to cross the border. The boxes, it was claimed, “work every time”.

A pack of Lucky Strike, a popular brand, cost around HK$24 in a normal store. At the nearby duty-free shop, the brand was selling for HK$15 a pack in the duty-free shop inside the Luohu Port and Shenzhen Bay Port. In Hong Kong, after tax, it would cost around HK$48-HK$50.

The profit in cigarette smuggling is so high that people are being drawn in despite enhanced security.

Between January and August this year, some 77 million sticks of illicit cigarettes were seized at cross-boundary control points in Hong Kong. That was 45.3 percent more than the same period of 2010.

Cases involving contraband cigarettes showed a slight increase of approximately 4 percent to 857 cases, compared 2010, according to the Hong Kong Customs. The Customs believed that such figures reflected the effectiveness of its enforcement actions.

The Customs was also aware of “couriers” using “ants moving house” tactics to smuggle in illicit cigarette via cross-boundary control points, such as the woman China Daily observed in the Luohu duty-free shop.

The Customs plans no specific measures to crack down on these “couriers”.

For one thing, the majority of the illicit cigarettes were smuggled across the border in vehicles loaded with other cargoes or concealed at the rear of the vehicles or inside false compartments of cargo containers. For another thing, the Customs is also concerned about personal privacy and human rights elements when body checks are involved.

“So far, checking of human bodies, even if checking for legal reasons, still remains very sensitive and has already drawn complaints from society. Thus we have no plans to tighten body checks, despite the risk of cigarette smuggling, or even illicit drug trafficking,” said a spokesman for the Hong Kong Customs.

In Hong Kong, illicit cigarettes are sold by “peddlers”. Some peddle on street. Some entrepreneurs even take phone orders. Areas with heavy pedestrian traffic, such as Mong Kok, Yau Ma Tei, Sham Shui Po, Chai Wan and Wan Chai, are so-called black spots for illicit cigarette peddling, according to the Customs.

After a crackdown, peddlers are more cautious nowadays. Phone calls made by China Daily to a peddler were passed on to a “secretary”, claiming that only “friends” and “acquaintances” can talk to the “boss” directly.

The first casualty in these “black spots” for illicit cigarette selling are the newsstands which also depend on cigarette sales. Business at news stands is said to have shrunk by 20 percent since the tobacco tax was raised 41.5 percent after the 2011-2012 Budget.

“It’s getting harder and harder for us to keep the business going. Cigarette smuggling had seriously affected our business. Many stands have closed,” said Liu Sair-ching, chairman of the Coalition of Hong Kong Newspaper and Magazine Merchants. The organization includes over 35,000 newsstands.

Nelson Chow, professor of the Department of Social Work and Social Administration at the University of Hong Kong, reckoned the scenario involving illicit cigarettes “couriers” was a result of “supply and demand”.

“In Hong Kong, rich people are more aware of the harms of smoking, thus the majority of smokers are people from middle or lower class with less income. Heavy tobacco taxes left them either to quit smoking, or to turn to illicit cigarettes, which are almost half the price of the taxed ones,” said Professor Chow. Despite a non-smoker, Chow understands that it is hard for smokers to quit smoking, if they feel the need to relax from high working stress and long working hours.

“The Customs’ concern over such ‘couriers’ is understandable. On one hand, the ‘couriers’ did commit an offense. However, it was not that serious compared with drug trafficking or other crimes. It’s right for the Customs to focus on more serious crimes,” said Chow.

“Personally I support the raising of tobacco taxes, but I don’t believe charging more tax is an effective way to get people to quit smoking,” said Chow.

He believes that, similar to regulating street hawkers, the government should take more strict measures to crack down on cigarette smuggling when it was on the rise. But there seems no way to give a clear cut.

(HK Edition 10/05/2011 page4)

Sydney police seize 60 tonnes of tobacco

http://news.ninemsn.com.au/article.aspx?id=8293014

Sept. 1, 2011

A multi-million-dollar Sydney tobacco syndicate has gone up in smoke after police seized counterfeit cigarettes, loose leaf tobacco and enough hard cash to fill several rooms.

Officers from Operation Polaris on Thursday arrested two men, aged 27 and 30, after they allegedly attempted to bribe a commonwealth official at a Sydney cargo terminal on five occasions.

The official reported being offered bribes of between $1000 and $200,000 since June this year to help the men import the illegal tobacco.

It resulted in the seizure from the Sydney waterfront on Thursday of 60 tonnes of loose leaf tobacco and 25 million counterfeit cigarettes, possibly from Indonesia or Malaysia.

Some of the substances and about $450,000 in cash were also seized after properties were raided at Belmore, Greenacre and Lakemba in Sydney’s south-west.

The arrested men, who both have the surname Afiouny, are believed to be the main players in the illegal tobacco syndicate.

“Both men are main figures in an alleged syndicate which had been importing illegal tobacco through the waterfront,” Detective Superintendent Peter McErlain told reporters in Sydney on Thursday.

“These illegal imports have the potential of defrauding the commonwealth of over $35 million.

“We are not ruling out further arrests.”

Det Supt McErlain said he could not comment on whether there had been a jump in illegal tobacco importing to coincide with increases on cigarette taxes but acknowledged that such imports were not new.

“There’s definitely a market out there for illegal tobacco,” he said.

“I don’t think it’s any secret that illegal tobacco and cigarettes are sold on the black market under the counter through various retail outlets within Sydney and probably throughout Australia.

“(The arrests) send a clear message to anyone out there who intends on importing illegal tobacco to defraud the Australian people.”

The two men have been charged with importation and bribery offences and will appear in Sydney’s Central Local Court on Friday.

Operation Polaris is a joint waterfront operation made up of the NSW Police, the Australian Federal Police, Customs, Border Protection and the Australian Crime Commission.

“(We) will continue to target organised crime on the waterfront, including illicit drug importation, money-laundering, proceeds of crime, container theft and corruption,” Det Supt McErlain said

From cigarette smuggling to illicit tobacco trade

Download (PDF, 104KB)

Opportunities and risks of the proposed FCTC protocol on illicit trade

ABSTRACT
Illicit trade in tobacco products presents a threat to public
health because it undermines the use of tax and price
policies, which are among the most effective mechanisms
for reducing tobacco consumption. Parties to the WHO
Framework Convention on Tobacco Control (FCTC) are in
the final stages of negotiating a protocol aimed at
strengthening international cooperation in the fight
against illicit tobacco trade. While an effective multilateral
response to illicit tobacco trade would make a significant
contribution to global tobacco control, achieving this
through the FCTC forum is challenging. First, while illicit
tobacco trade is a health problem, the expertise,
experience and capacity needed to combat illicit trade are
not traditionally found in health agencies. The
development of links with other agencies, both domestic
and international, is critical to ensure both an effective
response and an efficient use of limited governmental and
non-governmental resources. Second, in many parts of
the world, the tobacco industry cooperates closely with
governments in the combating of illicit trade. This
cooperation poses risks for tobacco control, particularly if
relationships and norms of cooperation spill over into
other areas of FCTC implementation. An examination of
the industry’s positioning suggests that it sees an
opportunity to portray itself as ‘legitimate’ and
‘responsible’, a friend of governments, and a way to
integrate itself into FCTC processes. This paper makes
suggestions for moving forward in this challenging area
towards ensuring that the approach taken actually
reduces illicit tobacco trade, strengthens tobacco tax
policies and does not operate to undermine the FCTC.

ABSTRACTIllicit trade in tobacco products presents a threat to publichealth because it undermines the use of tax and pricepolicies, which are among the most effective mechanismsfor reducing tobacco consumption. Parties to the WHOFramework Convention on Tobacco Control (FCTC) are inthe final stages of negotiating a protocol aimed atstrengthening international cooperation in the fightagainst illicit tobacco trade. While an effective multilateralresponse to illicit tobacco trade would make a significantcontribution to global tobacco control, achieving thisthrough the FCTC forum is challenging. First, while illicittobacco trade is a health problem, the expertise,experience and capacity needed to combat illicit trade arenot traditionally found in health agencies. Thedevelopment of links with other agencies, both domesticand international, is critical to ensure both an effectiveresponse and an efficient use of limited governmental andnon-governmental resources. Second, in many parts ofthe world, the tobacco industry cooperates closely withgovernments in the combating of illicit trade. Thiscooperation poses risks for tobacco control, particularly ifrelationships and norms of cooperation spill over intoother areas of FCTC implementation. An examination ofthe industry’s positioning suggests that it sees anopportunity to portray itself as ‘legitimate’ and‘responsible’, a friend of governments, and a way tointegrate itself into FCTC processes. This paper makessuggestions for moving forward in this challenging areatowards ensuring that the approach taken actuallyreduces illicit tobacco trade, strengthens tobacco taxpolicies and does not operate to undermine the FCTC.

Download PDF : tobaccocontrol-2011-050122 full

1.2 million contraband cigarette sticks seized

http://news.asiaone.com/News/AsiaOne%2BNews/Singapore/Story/A1Story20110721-290347.html

http://news.asiaone.com/A1MEDIA/news/07Jul11/others/20110721.182808_contrabandciggies.jpg

Thursday, Jul 21, 2011

SINGAPORE – Police have seized over 60,000 packets of contraband cigarettes following a three-day crackdown on a distribution network operating in Hougang, Bedok and Yishun.

Three locals and a Chinese national were arrested in the sting operation between July 5 and 7. The contraband amounted to a total of 1.2 million sticks, with tax and duty evasion exceeding $450,000.

Three vehicles – a saloon car and two goods trucks – used by the syndicate members were also seized by authorities.

Singaporean Ang Wee Koon, 37, was the first to be arrested. On July 5, police uncovered 36,240 packets of duty-unpaid cigarettes in his truck in Bedok. Ang has been charged and sentenced to 21 months of jail.

After a follow-up surveillance operation on July 6 and 7, three others – Chinese national Chen Zushun, 38, Mohamed Shah bin Jantan, 50, and Tan Boon Kiat, 55 – were arrested.

Chen was found with 23,773 packets of duty-unpaid cigarettes in his Yishun flat. Police observed him collecting 10 boxes of contraband cigarettes from Shah and Tan, who had made a delivery to the carpark below his housing block.

Shah and Tan subsequently drove off in their goods truck and car to a Hougang carpark. They were nabbed after police witnessed Shah handing over a box of cigarettes to Tan.

Shah has since been charged and sentenced to 20 months’ jail. Court proceedings are still ongoing for Tan and Chen.

Under the Customs Act and the GST Act, repeat offenders can be fined up to 40 times the amount of duty and GST evaded and/or jailed for up to six years.