Einde inhoudsopgave
Protocol To Eliminate Illicit Trade In Tobacco Products
Article 7 Due diligence
Geldend
Geldend vanaf 25-09-2018
- Bronpublicatie:
12-11-2012, Trb. 2014, 155 (uitgifte: 14-08-2014, kamerstukken/regelingnummer: -)
- Inwerkingtreding
25-09-2018
- Bronpublicatie inwerkingtreding:
03-08-2020, Trb. 2020, 74 (uitgifte: 03-08-2020, kamerstukken/regelingnummer: -)
- Vakgebied(en)
Internationaal publiekrecht / Rechtshandhaving
Internationaal publiekrecht / Bijzondere onderwerpen
Internationaal strafrecht / Justitiële en politionele samenwerking
1.
Each Party shall require, consistent with its national law and the objectives of the WHO Framework Convention on Tobacco Control, that all natural and legal persons engaged in the supply chain of tobacco, tobacco products and manufacturing equipment:
- a)
conduct due diligence before the commencement of and during the course of, a business relationship;
- b)
monitor the sales to their customers to ensure that the quantities are commensurate with the demand for such products within the intended market of sale or use; and
- c)
report to the competent authorities any evidence that the customer is engaged in activities in contravention of its obligations arising from this Protocol.
2.
Due diligence pursuant to paragraph 1 shall, as appropriate, consistent with its national law and the objectives of the WHO Framework Convention on Tobacco Control, include, inter alia, requirements for customer identification, such as obtaining and updating information relating to the following:
- a)
establishing that the natural or legal person holds a licence in accordance with Article 6;
- b)
when the customer is a natural person, information regarding his or her identity, including full name, trade name, business registration number (if any), applicable tax registration numbers (if any) and verification of his or her official identification;
- c)
when the customer is a legal person, information regarding its identity, including full name, trade name, business registration number, date and place of incorporation, location of corporate headquarters and principal place of business, applicable tax registration numbers, copies of articles of incorporation or equivalent documents, its corporate affiliates, names of its directors and any designated legal representatives, including the representatives' names and verification of their official identification;
- d)
a description of the intended use and intended market of sale of tobacco, tobacco products or manufacturing equipment; and
- e)
a description of the location where manufacturing equipment will be installed and used.
3.
Due diligence pursuant to paragraph 1 may include requirements for customer identification, such as obtaining and updating information relating to the following:
- a)
documentation or a declaration regarding any criminal records;
and
- b)
identification of the bank accounts intended to be used in transactions.
4.
Each Party shall, on the basis of the information reported in paragraph 1(c), take all necessary measures to ensure compliance with the obligations arising from this Protocol, which may include the designation of a customer within the jurisdiction of the Party to become a blocked customer as defined by national law.