Protocol To Eliminate Illicit Trade In Tobacco Products:Article 9 Record-keeping

Protocol To Eliminate Illicit Trade In Tobacco Products

Article 9 Record-keeping

Geldend

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1.

Each Party shall require, as appropriate, that all natural and legal persons engaged in the supply chain of tobacco, tobacco products and manufacturing equipment maintain complete and accurate records of all relevant transactions. Such records must allow for the full accountability of materials used in the production of their tobacco products.

2.

Each Party shall, as appropriate, require persons licensed in accordance with Article 6 to provide, on request, the following information to the competent authorities:

a)

general information on market volumes, trends, forecasts and other relevant information; and

b)

the quantities of tobacco products and manufacturing equipment in the licensee's possession, custody or control kept in stock, in tax and customs warehouses under the regime of transit or transhipment or duty suspension as of the date of the request.

3.

With respect to tobacco products and manufacturing equipment sold or manufactured on the territory of the Party for export, or subject to dutysuspended movement in transit or transhipment on the territory of the Party, each Party shall, as appropriate, require that persons licensed in accordance with Article 6, provide, on request, to the competent authorities in the country of departure (electronically, where the infrastructure exists) at the time of departure from their control with the following information:

a)

the date of shipment from the last point of physical control of the products;

b)

the details concerning the products shipped (including brand, amount, warehouse);

c)

the intended shipping routes and destination;

d)

the identity of the natural or legal person(s) to whom the products are being shipped;

e)

the mode of transportation, including the identity of the transporter;

f)

the expected date of arrival of the shipment at the intended shipping destination; and

g)

intended market of retail sale or use.

4.

If feasible, each Party shall require that retailers and tobacco growers, except for traditional growers working on a non-commercial basis, maintain complete and accurate records of all relevant transactions in which they engage, in accordance with its national law.

5.

For the purposes of implementing paragraph 1, each Party shall adopt effective legislative, executive, administrative or other measures to require that all records are:

a)

maintained for a period of at least four years;

b)

made available to the competent authorities; and

c)

maintained in a format, as required by the competent authorities.

6.

Each Party shall, as appropriate and subject to national law, establish a system for sharing details contained in all records kept in accordance with this Article with other Parties.

7.

Parties shall endeavour to cooperate, with each other and with competent international organizations, in progressively sharing and developing improved systems for record-keeping.

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