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Cigarette Smuggling

EU Comes Up With A Plan To Prevent Illicit Cigarette Trade

http://www.nasdaq.com/article/eu-comes-up-with-a-plan-to-prevent-illicit-cigarette-trade-cm727157

A draft report commissioned by the EU has stated a Europe-wide system should be developed to track cigarettes , which should be run by the industry together with independent third parties, according to the Financial Times. This new program should be up and running by May 2019 in order to prevent the smuggling and counterfeiting of cigarettes, which costs €10 billion a year, according to the European Commission. As per the new laws, European Union countries must ensure that all tobacco packets are “marked with a unique identifier,” as well as a security stamp, so that the packet can be tracked from the factory to the shop floor. The Commission is yet to decide whether the tracking and tracing program should be implemented by the tobacco industry itself, or if it should be given to a third party.

While the commission says that the tobacco companies must work with numerous third parties to implement this system, the tobacco industry has maintained that it should be allowed to run the system by itself, arguing that external influence would cause disruption. Meanwhile, anti-tobacco groups have asserted the need for outside help to tackle this problem, given past allegations that some tobacco groups have benefited as a result of smuggling of, and illicit trade in, cigarettes. This recommendation comes after the ending of a $1.25 billion tracing deal between the EU and Philip Morris International ( PM ) this year, which was agreed in 2004, following criticism by lawmakers.

What Are Illicit Cigarettes?

Illicit cigarettes enter or are sold in a market in violation of certain rules and regulations, such as without payment of import duties, excise tax, or VAT. Such products can be genuine products manufactured by a official tobacco company, and sold without payment of applicable taxes, or else counterfeit cigarettes, made without the consent of the trademark owner. A number of regulatory measures and actions have been taken up by the government in response to this. Such trade harms governments, consumers, and manufacturers. According to World Health Organization (WHO) estimates, the illegal, unregulated black market in cigarettes amounts to 11% of the global consumption. Tobacco manufacturers themselves have taken a series of measures to ensure their brands are protected and consumers receive genuine products.

How Bad Is The Situation?

Counterfeit and Contraband (C&C) cigarettes declined by 6% in 2015 in the EU, over the previous year. This was against a backdrop of improved economic conditions and increased measures undertaken to counter the illicit trade activities. According to the Economic Intelligence Unit, personal disposable income rose at an average of 2.6% in 2015 across all EU member states. This may have prompted consumers to increase the consumption of Legal Domestic Sales (LDS). Furthermore, after a rise in tobacco taxes to meet the minimum EU excise requirements in a number of countries in 2014, 2015 was a year of more stable prices, which contributed to the decline in the sales of C&C cigarettes; prices rose by three percentage points less in 2015 than in 2014.

eu-cig-consumption

However, C&C still accounts for close to 10% of the total consumption, with high consumption in countries such as Greece, Norway, UK, and Ireland, which have the highest prices within Europe. In Eastern EU, high levels of C&C were seen in those regions bordering non-EU countries, where average prices tended to be four times lower. France was noted to have the largest volume of C&C, though it did not have the highest level as a proportion of consumption.

eu-top-10-cc-countries

The major source of C&C are non-EU countries, with Belarus being the largest contributor, followed by Ukraine, Algeria, and Russia. The volume of counterfeit cigarettes continued to decline from EU countries, accounting for just 12.2% of the total in 2015.

eu-cc-consumption

Illicit Whites (IW), which are cigarettes manufactured legally in one country, but which are smuggled across borders, accounted for over a third of C&C, of which 5.3 billion cigarettes has Belarusian labeling. These have grown as a proportion of total C&C from 7.8 billion in 2009, to 18.8 billion in 2015. Further, counterfeit cigarettes increased 28% during 2015, but remain less than 9% of the illicit consumption in Europe.

forcast-pmi

During 2015, Philip Morris reported revenue, net of excise, from its EU segment of $8.07 billion. If we consider the rate of illicit trade in EU to be 10%, this would amount to over $800 million in lost revenue for the company. In May, the company pledged $100 million to fund projects to confront this problem. The company has come up with a new initiative – PMI IMPACT – to combat illicit trade practices. Besides expending the aforementioned sum, the initiative will also raise funds from public and non-governmental organizations. Given the large amount of lost revenue annually for Philip Morris from just the EU region, this is definitely a move that would be beneficial to the company.

eu-cig-market-volume

Notes:

1) The purpose of these analyses is to help readers focus on a few important things. We hope such lean communication sparks thinking, and encourages readers to comment and ask questions on the comment section, or email content@trefis.com

2) Figures mentioned are approximate values to help our readers remember the key concepts more intuitively. For precise figures, please refer to our complete analysis for Philip Morris International .

 

B130m in contraband medicine and cigarettes seized

The Customs Department has seized more than 130 million baht worth of medicine and foreign cigarettes as part of a concerted effort to crack down on smuggled, counterfeit and unpaid tax products.

http://www.bangkokpost.com/business/news/1169045/b130bn-in-contraband-medicine-and-cigarettes-seized

Some 120 million baht in medicine was seized, along with another 12 million baht in smuggled cigarettes, director-general Kulit Sombatsiri said in a statement.

The medicine had been produced in India and flown to Singapore before being delivered to Thailand by ship.

Over 2 million pills of sildenafil soft gel capsules and other medicines were seized by the Customs Department as they were shipped to Thailand without licences, he said.

He added that the importers had made false declarations in terms of type, volume and weight, which breached sections 99 and 27 of the Customs Act.

Only companies that have received licences from the Food and Drug Administration can import sildenafil, taken to treat erectile dysfunction, to Thailand.

Mr Kulit said 6.32 million cigarettes were also smuggled into Thailand without evidence of customs and excise tax duty payment, violating Section 27 and 27 (bi) of the Customs Act.

The illegal cigarette packages were sealed with tax stamps from China, where they had been manufactured.

If the cigarettes had not been seized, they might have been sold on the market immediately, said Mr Kulit.

The statement said the Customs Department will continue to tighten inspections to catch imported goods on which tax payments have been avoided, in accordance with the policies of the department’s director-general.

In the last fiscal year, ending Sept 30, 2016, the Customs Department managed 113 raids on those who had smuggled cigarettes worth 11.6 million baht, according to Customs Department data.

Customs officials arrested 43 people each in October and November and seized cigarettes worth 5.36 million baht and 4.54 million, respectively.

The number of nabbed cigarette smugglers in December declined to 27 and the value of contraband also fell to 1.69 million baht.

Earlier this month, the Customs Department ordered Bestlin Group, which was contracted by the Bangkok Mass Transit Authority to procure natural gas vehicles, to pay 370 million baht to retrieve the first lot of 100 vehicles, after the company was found to have improperly imported the buses and declared the import tax on them.

The buses were imported from China to Malaysia by sea before being shipped to Thailand.

The company had manipulated the import process to make the buses appear as though they had been made in and imported from Malaysia.

Bestlin was attempting to reap a tax exemption from the Asean’s free-trade agreement.

KT&G cigarettes smuggled into S. America, messing up local market

By Lee Hyo-sik

Billions of KT&G Esse and Pine cigarette brands have been smuggled into Chile, Guatemala and other South American nations this year, distorting the region’s tobacco market, according to industry officials there Tuesday.

http://www.koreatimes.co.kr/www/news/biz/2016/12/123_220503.html

The officials told The Korea Times that made-in-Korea goods account for more than 50 percent of the contraband cigarettes in some countries. They urged Korea’s largest tobacco company, headed by CEO Baek Bok-in, to take steps to prevent its products from being smuggled and sold on the black market in South America.

They say the increasing volume of illegally traded KT&G products has tarnished Korea’s image at a time when more and more Latin American consumers buy made-in-Korea vehicles, electronics and other consumer goods, as hallyu, the Korean cultural wave, sweeps the region.

An executive at one multinational tobacco firm operating in Chile said as much as 25 percent of the nation’s cigarettes sales were made on the black market, adding that the ratio has been increasing since Chile raised a tobacco sales tax in 2010.

“The majority of the falsified cigarettes were manufactured in Korea and India, most of which were smuggled from Bolivia,” said the executive, who declined to be named. “Contraband cigarettes are much cheaper because they are not taxed. The size of Chile’s cigarette black market has been expanding rapidly. It is estimated that KT&G’s Pine and Esse brands account for more than 50 percent of the black market cigarettes.”

The Korean cigarette maker supplies Esse and Pine to three importers in Bolivia: ZABIM SRL, ZAIRE and BBS SRL. However, substantial amounts of cigarettes brought into Bolivia through a Chilean port have been smuggled back into Chile.

KT&G produces Esse brand cigarettes for export at its main Shintanjin plant, South Chungcheong Province, and its plant in Yeongju, North Gyeongsang Province, makes Pine brand cigarettes for overseas markets.

“100 percent of Korean products seized in Chile have the Bolivian stamp. In a bid to curb the influx of KT&G cigarettes into the nation’s black market, tobacco companies here filed a complaint with the Korean Embassy in Chile. But nothing has been done,” the executive told The Korea Times. “We believe that KT&G is well aware of this situation, but it hasn’t done anything either. This has seriously damaged Korea’s image in the country.”

In November alone, the Chilean government seized 4.2 million KT&G brand cigarettes.

Guatemala has also been struggling to deal with the soaring volume of KT&G contraband. Pine Change and Esse Change brands, initially shipped to neighboring Belize, are smuggled into Guatemala, distorting its tobacco market.

“Guatemala is another country hit by the influx of smuggled KT&G cigarettes. Despite several initiatives by the authorities there to stop the problem, KT&G brands continue to enter the market, accounting for over 45 percent of the total contraband in Guatemala City and its adjacent areas,” the executive said. “The Guatemalan government has so far seized over 32 million cigarettes, 25 percent of which are KT&G brands.”

Tarnishing Korea’s image

The increasing volume of illicitly traded KT&G cigarettes has adversely affected Korea’s image abroad, according to an official at one of the foreign cigarette makers in Korea, who said the nation’s largest tobacco firm should ensure its products are sold abroad legally.

“KT&G has turned a blind eye to what happens to its products after selling them. But it shouldn’t,” the official said. “The company must make sure that its cigarettes are distributed and sold legally in foreign markets. Otherwise, this would cause further damage to its corporate brand and adversely affect Korea’s image.”

In response, KT&G officials said they are unaware of the large-scale smuggling of its cigarettes in South America, arguing the products are shipped to legitimate buyers through legal channels.

“We place an official stamp issued by the Bolivian government on all our products exported to that country,” a KT&G spokesman said. “As far as we know, our cigarettes have always been exported legitimately. But there is no way for us to know how the products are distributed and sold afterward.”

In 2015, the company sold 46.5 billion cigarettes in more than 50 foreign countries, compared to its domestic sales of 40.6 billion.

The Middle East accounted for 48.8 percent of KT&G’s overseas sales, followed by Latin America and Europe with 14.2 percent, and Central Asia with 11.5 percent. The Esse brand cigarettes were the most popular, accounting for 55.5 percent of the firm’s total sales abroad, followed by Pine with 29.2 percent and Time at 5.3 percent.

When the tax stamp covers the health warning label: conflicting ‘best practices’ for tobacco control policy

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ACCC proposes to deny authorisation for tobacco companies

The Australian Competition and Consumer Commission has issued a draft determination proposing to deny authorisation to British American Tobacco, Imperial Tobacco, and Philip Morris (the tobacco companies) to jointly stop supply to retailers or wholesalers they believe are supplying illicit tobacco.

http://www.accc.gov.au/media-release/accc-proposes-to-deny-authorisation-for-tobacco-companies

The ACCC considers that having the three dominant tobacco companies working together, sharing information, and making decisions about whether or not to supply particular retailers raises competition concerns.

“The ACCC is concerned about the potential for the sharing of information broadly, and that, for example, the proposed arrangements could be used to selectively target retailers that stock competing brands. This could result in detriment to businesses that may be wrongly or mistakenly subject to a joint decision of the applicants to cease supply, without any opportunity for independent review of that decision,” ACCC Chairman Rod Sims said.

These three tobacco companies are the major suppliers of legal tobacco products in Australia. They have proposed the arrangements to reduce the supply of illicit tobacco in Australia.

“While we agree that reducing illicit tobacco sales is in the public interest, we are not satisfied these proposed arrangements would reduce trade in illicit tobacco sufficiently to offset the likely detriments,” Mr Sims said.

The ACCC expects to release its final decision in February 2017.

Further information about the application for authorisation is available on the ACCC Authorisations Register.

National Cancer Institute – The Economics of Tobacco and Tobacco Control

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Secret report shows Big Tobacco targeted city politicians in Sudbury and Sault

Algoma municipalities are being asked to stub out all motions proposed by tobacco companies or front groups that slip demands for a freeze on excise taxes into campaigns against contraband tobacco.

https://www.sudbury.com/around-the-north/leaked-report-reveals-big-tobacco-targeted-city-politicians-in-sudbury-and-sault-473527

Leaked map shows 10 Ontario 'strategic municipalities' whose local politicians were targeted in 2012 by Imperial Tobacco Canada. Reasons for selecting these targets included their 'proximity to illicit tobacco' and 'likelihood of buy-in.'

Leaked map shows 10 Ontario ‘strategic municipalities’ whose local politicians were targeted in 2012 by Imperial Tobacco Canada. Reasons for selecting these targets included their ‘proximity to illicit tobacco’ and ‘likelihood of buy-in.’

Greater Sudbury has the dubious distinction of being named in a secret Big Tobacco document aimed, ostensibly, at fighting contraband smokes, but at the same time quietly lobbying to freeze the excise tax on legitimate tobacco products.

Algoma Board of Health, the governing body of Algoma Public Health, is warning area politicians about new evidence linking Imperial Tobacco Canada Ltd. to lobbying campaigns against contraband tobacco.

The health board voted this week to ask Algoma municipalities to reject all motions received from tobacco companies or front groups that spike campaigns against illicit smokes with demands for a tobacco excise tax freeze or limits on regulation of tobacco products.

Imperial Tobacco Canada Ltd. is a wholly-owned subsidiary of British American Tobacco Plc., one of the world’s five biggest tobacco companies with 55,000 employees in 44 factories in 41 countries.

In a recently leaked internal report prepared for its London-based parent, Imperial Tobacco Canada reveals that it’s been quietly involved for years in lobbying campaigns by convenience-store and anti-contraband groups.

The secret report describes Project M&M, a 2012 campaign intended to “mobilize local governments to pressure for big government action” against illicit tobacco, with demands for an excise tax freeze piggybacked on the main message.

Listed as partners in Project M&M are the Canadian Convenience Store Association, the National Coalition Against Contraband Tobacco, the Ontario Chamber of Commerce, Fédération des Chambres de Commerce du Québec and the Canadian Taxpayers Federation.

The leaked 32-page document includes a map identifying 10 “strategic municipalities” to be targeted in Ontario: Sault Ste. Marie, Sudbury, Windsor, Brantford, London, Mississauga, Niagara Falls, Whitby, Cornwall and Toronto.

These municipalities were selected, the report says, because of their:

  • proximity to illicit tobacco
  • seizure activity
  • internal sales data
  • political weight
  • likelihood of buy-in

The document also identifies 10 targeted municipalities in Quebec: Montreal, Gatineau, Chateauguay, Laval, St. Georges, Sherbrooke, Quebec City, Drummondville, Trois Rivieres and Saguenay.

An article published one month ago by the National Post pointed to other close ties between convenience-store organizations and the tobacco industry.

“In fact, there is other evidence of their close links to the industry, including at least three former tobacco-company executives who are now leaders in the Ontario, Quebec and national convenience-store associations,” the Post’s Tom Blackwell reported.

The leaked Imperial Tobacco report suggests that the “2012 lobbying campaign was no grassroots movement, and that the retail and contraband organizations have for years been used as surrogates by the cigarette giant to promote its own interests,” Blackwell wrote.

Sales of illicit cigarettes are considered a major problem in Ontario, where a bag of 200 illegal “rollies” sells for as little as $10 to $15, compared to more than $80 for legally taxed smokes bought at a corner store.

A 2013 study of collected cigarette butts conducted by NIRIC Group for the Ontario Convenience Store Association found that 17.7 per cent of butts picked up in Sault Ste. Marie were contraband, compared to 30.1 per cent in Kitchener, 28.5 per cent in Barrie, 24.5 per cent in Sudbury, 20.9 percent in Thunder Bay, 18.7 per cent in Toronto, 18.1 per cent in Guelph and 11 per cent in North Bay.

British American Tobacco says a minimum excise tax in the Autumn Statement would only fuel the black market

UK smokers face a triple whammy in 2017 ahead of Philip Hammond’s Autumn Statement, a British American Tobacco spokesperson said.

http://www.cityam.com/254049/british-american-tobacco-says-minimum-excise-tax-autumn

With a duty escalator expected and more limitations to come from the EU’s tobacco products directive, BAT said the minimum excise tax proposed by former chancellor George Osborne should be dropped.

The minimum excise tax is effectively a floor price that would hike the price of value-for-money brands in an effort to encourage smokers to quit rather than switch to cheaper brands.

Will Hill is a spokesperson for BAT who said the company, which has a stake in low cost options, would urge the government not to introduce the proposed tax.

Research for the tobacco company by KPMG also showed the tax could increase activity in illicit trading. The study said British smokers who buy low cost brands are more likely to fall into the black market than to quit smoking.

If set at the wrong level, the research shows the tax could cost the Treasury £1.2bn between 2017 and 2020.

The Treasury lost more than £31bn in tax revenue between 2010 and 2015 due to high taxes on alcohol and tobacco, a report by the TaxPayers’ Alliance said.

The company also said the minimum excise tax would run counter to Theresa May’s assurances of a government that works for the many and not just the privileged few.

Over 20% smokers consume smuggled cigarettes

http://tribune.com.pk/story/1235942/20-smokers-consume-smuggled-cigarettes/

Over 20% of smokers puff tax-evaded smuggled cigarettes in Pakistan as heavy taxes on locally manufactured products continue to hit the industry hard.

“These LTE (local tax-evaded) cigarettes are extremely cheap,” said the State Bank of Pakistan (SBP) in the Annual Report on the State of Economy in fiscal year 2015-16.

“Average selling price of LTE brands in Pakistan is Rs27 per pack, which is far below the minimum tax per pack of Rs33.8,” said the central bank quoting Nielsen’s report on “The challenge of illicit trade in cigarettes: impact and solutions for Pakistan-2015”.

“In 2014, 17.3 billion local tax-evaded cigarettes were sold in the country, which was 21.1% of the total cigarette market in Pakistan,” it said.

The central bank added the price of locally manufactured cigarettes had increased over the years mainly due to imposition of excise taxes. This has created a huge price gap against illicit (non-duty paid, smuggled and counterfeit) cigarettes.

The number of illicit cigarette smokers is gradually expanding with the passage of time. “Nearly one billion cigarettes are added every year to the black market,” it added.

No US-FDA certified medicine plant

Separately, the State Bank highlighted that Pakistan had not a single medicine manufacturing plant, which was working in compliance with the standards prescribed by the US Food and Drug Administration (FDA).

Pakistan does not have FDA-approved plants despite the size of the industry standing at $2 billion with a population of 200 million people.

On the contrary, Jordan and Bangladesh with an industry size of $1.5 billion each and population of 17 million and 170 million, respectively, have three and five FDA-certified plants.

“FDA approved plants allow firms to make inroads into markets of advanced economies,” the central bank said.

Pakistan’s pharmaceutical industry used to be the most modern in this region during the 1960s. However, it could not keep pace with the developments taking place in other countries.

The industry is facing “some underlying issues, such as strict regulation, unpredictable price structure, lack of patent protection, abundant supply of counterfeits and lack of US FDA approved plants,” it said.

Accordingly, the growth in the pharmaceutical industry slowed down to 6.5% in the fiscal year ended June 30, 2016 from 7.5% in the preceding year, according to the bank.

Steel production slumps

The overall steel production witnessed a contraction of 9.3% in FY16, compared to a growth of 35.4% in the previous year.

“The suspension of PSM’s (Pakistan Steel Mills) operations overshadowed the notable performance of private steel manufacturers,” the SBP said.

The steel industry mainly faced two key challenges during the year which constrained domestic private manufacturers from effectively utilising their capacity expansions.

First, the deepening liquidity crisis in PSM caused its operations to come to a complete standstill from July 2015.

Second, the unprecedented decline in international steel prices, coupled with the influx of cheap Chinese steel under the free trade agreement, squeezed the profit margins of domestic firms.

Published in The Express Tribune, November 19th, 2016.

SEX, SPIES AND SMUGGLING IN SOUTH AFRICA

BAT IN BED WITH LAW ENFORCEMENT AGENCIES

In November 2013, the South African Revenue Services (SARS) announced that it wanted 15 local tobacco manufacturers and importers to be prosecuted for tax evasion and illicit trade. At stake was R12 billion (US$858.9 million) in unpaid taxes.

About 18 months later, the acting commissioner of SARS, Ivan Pillay, and 55 other top SARS officials, found themselves unemployed— the result of an aggressive campaign against SARS.

The plot involved the Sunday Times newspaper, which published false stories about an apparent “rogue” unit in SARS that supposedly spied on President Jacob Zuma and that set up a brothel aimed at infiltrating the ruling African National Congress Party. The paper subsequently apologised for printing the stories.

But in the wake of the articles, Pillay and the SARS head of enforcement, Johan Van Loggerenberg, were suspended and, after reaching a settlement with SARS, resigned..

A key player in the downfall of Van Loggerenberg is Pretoria attorney Belinda Walter. Walters and Van Loggerenberg first met during investigations of the illicit trade in tobacco and subsequently had a brief romantic liaison. It was after the break-up of their relationship that claims emerged that SARS was running a ‘rogue’ unit first emerged.

Ms Walter was allegedly a doubleagent.

She was an informant to the government’s State Security Agency (SSA) and also to British American Tobacco (BAT), to whom she gave confidential information on smaller rival manufacturers.

In order to infiltrate the rival companies, Ms Walters proposed creating an association, the Fair Trade Independent Tobacco Association (Fita), to represent these companies. The first Fita meeting was held late in 2012, at Walter’s offices, and she was elected chair.

In a court application, a rival has accused BAT of “corporate espionage” and working with government agencies to try to put it out of business.

BAT allegedly spent about $3.6 million a year to bribe politicians, gangsters and government officials in South Africa. The company is accused of money laundering, corruption, spying and the use of state resources to target competitors— all in the name of ‘fighting’ the illicit trade in tobacco.

BAT’s money gave it a seat on the official Illicit Tobacco Task Team, which includes representatives from the Hawks (a state agency tasked with fighting priority crimes), the SSA, South African Police, National Prosecuting Authority and the Tobacco Institute of South Africa.

This structure gives BAT access to state intelligence and the ability to influence who the state targets among BAT’s direct competitors.

A warning from the South Africa experience is that co-operating with the tobacco industry is harmful to democracy. It will use its influence to direct the powers, actions and resources of the state for the benefit of the industry.

Yussuf Saloojee
National Council Against Smoking
South Africa