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John W. Colledge III Consultant Customs and Trade Anti-Money Laundering

John W. Colledge III Consultant Customs and Trade Anti-Money Laundering Supervisory Special Agent (Retired) U.S. Customs Service and Department of Homeland Security. The Framework Convention for Tobacco Control – Smuggling Protocol. John W. Colledge III Consultant Customs and Trade

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John W. Colledge III Consultant Customs and Trade Anti-Money Laundering

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  1. John W. Colledge III Consultant Customs and Trade Anti-Money Laundering Supervisory Special Agent (Retired) U.S. Customs Service and Department of Homeland Security

  2. The Framework Convention for Tobacco Control – Smuggling Protocol John W. Colledge III Consultant Customs and Trade Anti-Money Laundering Supervisory Special Agent (Retired) U.S. Customs Service and Department of Homeland Security A Taxing Issue Buffalo, New York February 4, 2008

  3. International Tobacco Smuggling Today • United States • Canada • Panama • Brazil • Paraguay • Argentina • United Kingdom • Kaliningrad • Former Yugoslavia • Nigeria • Algeria • South Africa • Cyprus • China • Pakistan • North Korea • Australia

  4. Framework Convention for Tobacco Control • Price and tax measures to reduce the demand for tobacco. • Non-price measures to reduce the demand for tobacco. • Core supply reduction. -WHO Framework Convention on Tobacco Control (WHO FCTC)-

  5. Protocol on Illicit Trade in Tobacco Products Organized Crime. Corruption. Terrorism. Proceeds of Crimes. International Cooperation. Counterfeit Merchandise. Manufacturing components. Duty Free System. Seizure Payments. Tracking & Tracing.

  6. Existing United Nations Treaties and Programs Three Drug related treaties. Convention against Corruption. Global Program against Money-Laundering. The United Nations United Nations Convention against Transnational Organized Crime and its Protocols. United Nations Global Counter-Terrorism Strategy.

  7. United Nations Convention on Transnational Organized Crime Article 1. Statement of purpose The purpose of this Convention is to promote cooperation to prevent and combat transnational organized crime more effectively. Article 2. Use of terms For the purposes of this Convention: • “Organized criminal group” shall mean a structured group of three or more persons, existing for a period of time and acting in concert with the aim of committing one or more serious crimes or offences established in Accordance with this Convention, in order to obtain, directly or indirectly, a financial or other material benefit; (b) “Serious crime” shall mean conduct constituting an offence punishable by a maximum deprivation of liberty of at least four years or a more serious penalty;

  8. United Nations Convention against Corruption Chapter I General provisions Article 1. Statement of purpose The purposes of this Convention are: To promote and strengthen measures to prevent and combat corruption more efficiently and effectively; (b) To promote, facilitate and support international cooperation and technical assistance in the prevention of and fight against corruption, including in asset recovery; (c) To promote integrity, accountability and proper management of public affairs and public property.

  9. Counterfeit Merchandise Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Trademarks. Geographic indications. Trade secrets. 1986-94 Uruguay Round. Introduced intellectual property rules into the multilateral trading system for the first time.

  10. What is a Trademark? A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others. (USPTO) Trade-mark A word, symbol or design (or combination of these), used to distinguish the wares or services of one person or organization from those of others in the marketplace. (CIPO)

  11. Illegal Manufacturing Components Intent to control illegal manufacturing. Controls on sales, resale and disposal of seized manufacturing equipment. Canada proposed national legislation.

  12. Counterfeit Cigarettes? This term is incorrect. Manufacturing cigarettes with counterfeit trade marks is a form of illegal manufacturing. Smuggled cigarettes counterfeit trademarks began to appear in the USA, Europe and Australia in large volumes in and around 1999-2000. Governments, trademark holders and consumers are victims.

  13. Duty Free System Renewed concern on the international duty free system. Free or Foreign Trade Zones. In-transit or in-bond transportation of tobacco products.

  14. Seizure Payments Basis found in the agreement between PMI and the European Commission. Contraband PMI products found inside the European Union can result in a 100% penalty for customs duties and excise taxes. Similar penalties already exist in Canadian and US Customs laws.

  15. Tracking and Tracing Industry Controlled – European Union. PMI system. Currently limited to master cases. Not Secure. Outlined in the PMI/EC Agreement. Data base, including access controlled by PMI. JTI system. Similar to PMI agreement. Government controlled systems. Turkey. Brazil. Canada. California.

  16. The Reason for the Contraband Tobacco Trade

  17. John W. Colledge IIIConsultantCustoms and TradeAnti-Money Laundering (775) 224-0133 jwcolledgeiii@johnwcolledge.com www.johnwcolledge.com

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