Article 6 Licence, equivalent approval or control system

1.

a)

manufacture of tobacco products and manufacturing equipment;

and

b)

import or export of tobacco products and manufacturing equipment.

2.

a)

retailing of tobacco products;

b)

growing of tobacco, except for traditional small-scale growers, farmers and producers;

c)

transporting commercial quantities of tobacco products or manufacturing equipment; and

d)

wholesaling, brokering, warehousing or distribution of tobacco and tobacco products or manufacturing equipment.

3.

a)

establish or designate a competent authority or authorities to issue, renew, suspend, revoke and/or cancel licences, subject to the provisions of this Protocol, and in accordance with its national law, to conduct the activities specified in paragraph 1;

b)

require that each application for a licence contains all the requisite information about the applicant, which should include, where applicable:

(i)

where the applicant 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 any other information to allow identification to take place;

(ii)

when the applicant is a legal person, information regarding its identity, including full legal 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 of any designated legal representatives, including any other information to allow identification to take place;

(iii)

precise business location of the manufacturing unit(s), warehouse location and production capacity of the business run by the applicant;

(iv)

details of the tobacco products and manufacturing equipment covered by the application, such as product description, name, registered trade mark if any, design, brand, model or make and serial number of the manufacturing equipment;

(v)

description of where manufacturing equipment will be installed and used;

(vi)

documentation or a declaration regarding any criminal records;

(vii)

complete identification of the bank accounts intended to be used in the relevant transactions and other relevant payment details; and

(viii)

a description of the intended use and intended market of sale of the tobacco products, with particular attention to ensuring that tobacco product production or supply is commensurate with reasonably anticipated demand;

c)

monitor and collect, where applicable, any licence fees that may be levied and consider using them in effective administration and enforcement of the licensing system or for public health or any other related activity in accordance with national law;

d)

take appropriate measures to prevent, detect and investigate any irregular or fraudulent practices in the operation of the licensing system;

e)

undertake measures such as periodic review, renewal, inspection or audit of licences where appropriate;

f)

establish, where appropriate, a time frame for expiration of licences and subsequent requisite reapplication or updating of application information;

g)

oblige any licensed natural or legal person to inform the competent authority in advance of any change of location of their business or any significant change in information relevant to the activities as licensed;

h)

oblige any licensed natural or legal person to inform the competent authority, for appropriate action, of any acquisition or disposal of manufacturing equipment; and

i)

ensure that the destruction of any such manufacturing equipment or any part thereof, shall take place under the supervision of the competent authority.

4.

5.