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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.

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