An Introduction to the Illicit Tobacco Trade. Adrian Welsh, Chief Legal and Compliance Officer

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1 An Introduction to the Illicit Tobacco Trade Adrian Welsh, Chief Legal and Compliance Officer

2 % Market Share Illicit Trade a global issue 600 BILLION Non Duty Paid 2

3 Measurement is not straightforward Methods of measurement range from: Robust Best estimate Modelled, multi data source reports Market Reports Empty Pack Surveys Overall trend and direction of travel most informative 3

4 Duty Paid vs Non Duty Paid Duty Paid Non Duty Paid 4

5 Not all Non Duty Paid is illegal NON DUTY PAID LEGAL ILLEGAL / ILLICIT DUTY FREE SALES CROSS-BORDER SHOPPING GENUINE CONTRABAND COUNTERFEIT ILLICIT WHITES AND UNBRANDED SMOKING TOBACCO 5

6 Illicit Product genuine contraband Unlawful movement of genuine tobacco products from one tax jurisdiction to another without the payment of applicable taxes or in breach of laws prohibiting its import or export. 6

7 Illicit Product counterfeit Illegal manufacturing where product bears a trademark without the owner s consent. Counterfeit products can be sold in the source country or smuggled into another country. 7

8 Illicit Product illicit whites These products are typically produced for the purposes of smuggling into countries where there is no prior legal market for them. Legally produced in source country but illegally sold at destination. 8

Volume (bn cigarettes) Illicit Whites a growing problem 20 15 10 5 0 Other Premier Minsk RGD Raquel NZ Gold Mount Ducal American Legend Jin Ling Fest 1.2 0.2 0.4 0.7 0.

9 Volume (bn cigarettes) Illicit Whites a growing problem Other Premier Minsk RGD Raquel NZ Gold Mount Ducal American Legend Jin Ling Fest Consumption of illicit white brands HMRC note that illicit whites represent the most significant threat to legitimate trade and tobacco revenues in the UK from large scale organised criminality. Graph source: Project Sun 2014 Quote source: Home Affairs Committee Tobacco Smuggling Report

10 Sources and Destinations Counterfeit Illicit Whites 10

11 It s all about the money driven by high excise Government (Tax incidence) ~83% Industry and trade 11

12 It s all about the money demand vs supply driven ,500 per car 1.1m per container 1,300 per case 65,000 per white van DEMAND Consumers want to save money HIGH EXCISE SUPPLY Criminals able to make money 12

13 It s all about the money facilitators Excise & Price Differentials Lenient Penalties Black Market Infrastructure Weak Border Controls Social Acceptability 13

14 Follow the money Duty & price differential creates opportunity for arbitrage 14

Follow the money C h ina A U D 2. 6 6 S ou t h K o r e a A UD 2. 69 J apa n A UD 4. 8 3 I nd ia M y an m a r A UD 2. 29 A UD 2. 07 Lao s B ang la d e s h A UD 2. 26 Th a i l an d A UD 3.

15 Follow the money C h ina A U D S ou t h K o r e a A UD J apa n A UD I nd ia M y an m a r A UD A UD Lao s B ang la d e s h A UD Th a i l an d A UD S r i Lan k a n / a C a m bod ia A UD S in g apo r e A U D A UD V ie t na m A UD M a la y s ia A UD I ndone s ia A UD Tai w a n A UD P h i l ip p in e s A UD A u st r a l i a A UD P apua N e w G u in e a A UD V anua t u A UD F iji A UD T o ng a A UD S a m o a A UD Duty & price differential creates opportunity for arbitrage N e w Z e a l a n d A UD

16 The impact Deprives economy of excise revenue Harms legitimate business Funds organised crime & terrorism Undermines Public Undermines public health objectives Health Objectives 16

17 Tackling the Problem 17

18 Role of Government Health Improved Collaboration BALANCED Excise Policy Strong Enforcement Combatting Crime Revenue Deterrent Penalties Smart Regulation 18

Role of Government Supporting treaty to the Framework Convention on Tobacco Control aims to curb illicit trade Protocol contains potentially effective measures to address transnational illicit trade:

19 Role of Government Supporting treaty to the Framework Convention on Tobacco Control aims to curb illicit trade Protocol contains potentially effective measures to address transnational illicit trade: licencing regime; reporting regime for duty suspended product; T&T; control of manufacturing within Free Trade Zones; regime of offences & sanctions Must be implemented consistently to be effective 19

20 Role for Imperial Tobacco Corporate Position The prevention and elimination of tobacco smuggling and counterfeiting is one of our major business priorities. We must never engage in or facilitate illicit trade activities. We must ensure that we only conduct business with companies and individuals that are reputable. We must work with governments, regulators and law enforcement authorities to prevent the illicit trade of our products. The illicit trade of tobacco products has a damaging effect on our company. It is contrary to our commercial interests and harms our business reputation. It materially diminishes the legitimate markets in which we operate to compete for market share. 20

21 Imperial s Anti Illicit Trade Strategy Supply Chain Integrity Support Law Enforcement Engage with Stakeholders 21

22 Supply Chain Integrity Know your Customer Commensurate Supply Compliance Checks Track & Trace Anti Money Laundering Staff Training 22

23 Supply Chain Integrity EU Cooperation Agreement 23

24 Support Law Enforcement Intelligence Technical & forensic support Training on industry matters Practical assistance (sniffer dogs) Effective working relationships 24

25 Engaging Stakeholders Raise awareness through media Partner with trade bodies Provide views to government Educate on T&T 25

26 Strategy in Action some success stories

27 Machine 18 May 2012 Hungary Law Enforcement Authorities make seizure Cigarette making & packing machine ITG confirmed as Machine 18 Counterfeit Regal, Superkings KS & Classic : UK 472m sticks or 145m loss 27

28 Destruction of Machine 18 28

29 Chinese counterfeit ITG intel leads to largest EU seizure of product from China 160m sticks (incl. Marlboro, L&M and West) Destined for France, Germany and Holland Potential revenue loss c 26m Loss in revenue to manufacturers of c 9m 29

30 Initial Investigations: China 30

31 Law Enforcement Co-ordination 31

32 Plain Packs.a Perfect Storm. failing to strike the balance They told our team how the switch to plain packaging will make their fraudulent trade easier, cheaper and more difficult to detect. He punched the air as he mocked PM Cameron, cheering: Plain packaging I support the UK Government 32

33 Moving forward awareness and education key Suppliers look to better control of leaf and non tobacco materials Consumers look to improve awareness of consequences i.e. social costs and criminality Government appreciation of the need to administer balanced policy and effective regulation International effective, consistent and joined-up approach 33

34 Summary Strong financial incentives create the market for illicit Duty/price variance across borders drives the problem Regulation can improve traction and tighten legitimate environment BUT.the key is to tackle the illegal environment A multi faceted, multi party approach is needed Balanced approach from legislators is key An issue that can be managed 34

35 Q&A

36 An Introduction to the Illicit Tobacco Trade Adrian Welsh, Chief Legal and Compliance Officer

Working together to tackle illicit trade

Working together to tackle illicit trade Introduction Illicit trade in tobacco products is a significant and growing problem worldwide. Illicit trade in tobacco products creates uncontrolled and unaccountable