The Framework Convention Alliance for Tobacco Control

INB5: Offences (Part IV) and International Co-operation (Part V)

There has been lengthy discussion at past INBs, and most recently in the informal working group, on criminal justice issues.

In particular, Parties have discussed which elements of involvement in illicit trade need to be made illegal, which need to be criminalised, and how mutual legal assistance (MLA) and extradition provisions should function.

Key recommendations

•    If Parties decide to retain significant provisions on mutual legal assistance (Article 30) and extradition (Articles 30 and 31), the text should be as close as possible to existing conventions (primarily UNTOC) in order to avoid weakening them;
•    Article 12 (c) should be modified to remove references to the counterfeiting of tobacco products – that is, the violation of tobacco industry trade marks. As drafted, the provision risks diverting scarce investment resources into intellectual property issues that are outside the purpose of this Protocol;
•    Article 12 should also be modified to create more certainty as to when or when not mutual legal assistance and extradition obligations are triggered.

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