Article 1 Use of terms

‘Brokering’ means acting as an agent for others, as in negotiating contracts, purchases, or sales in return for a fee or commission.

‘Cigarette’ means a roll of cut tobacco for smoking, enclosed in cigarette paper. This excludes specific regional products such as bidis, ang hoon, or other similar products which can be wrapped in paper or leaves. For the purpose of Article 8, ‘cigarette’ also includes fine cut ‘roll your own’ tobacco for the purposes of making a cigarette.

‘Confiscation’, which includes forfeiture where applicable, means the permanent deprivation of property by order of a court or other competent authority.

‘Controlled delivery’ means the technique of allowing illicit or suspect consignments to pass out of, through or into the territory of one or more States, with the knowledge and under the supervision of their competent authorities, with a view to the investigation of an offence and the identification of persons involved in the commission of the offence.

‘Free zone’ means a part of the territory of a Party where any goods introduced are generally regarded, in so far as import duties and taxes are concerned, as being outside the Customs territory.

‘Illicit trade’ means any practice or conduct prohibited by law and which relates to production, shipment, receipt, possession, distribution, sale or purchase, including any practice or conduct intended to facilitate such activity.

‘Licence’ means permission from a competent authority following submission of the requisite application or other documentation to the competent authority.

‘Party’ means, unless the context indicates otherwise, a Party to this Protocol.

‘Personal data’ means any information relating to an identified or identifiable natural person.

‘Regional economic integration organization’ means an organization that is composed of several sovereign states, and to which its Member States have transferred competence over a range of matters, including the authority to make decisions binding on its Member States in respect of those matters.2)

The ‘supply chain’ covers the manufacture of tobacco products and manufacturing equipment; and import or export of tobacco products and manufacturing equipment; and may be extended, where relevant, to one or more of the following activities when so decided by a Party:

‘Tobacco products’ means products entirely or partly made of the leaf tobacco, as raw material, which are manufactured to be used for smoking, sucking, chewing or snuffing.

‘Tracking and tracing’ means systematic monitoring and re-creation by competent authorities or any other person acting on their behalf of the route or movement taken by items through the supply chain, as outlined in Article 8.