jeudi 14 février 2008

Intergovernemental Negociating Body on a Protocol on Illicit Trade in Tobacco Products.

02/13/08
Searo Meeting
South East Asia delegations commented the paragraphs of the template, agenda item 6 of the programme of work that would have been discussed later on during the plenary. As usual, the comments where done title by title and paragraphs by paragraphs.

Sanctions and penalties:
The last sentence of the § should read as follows: Parties may also wish to consider adopting measures that take into consideration any previous conviction of an alleged offender for the purpose of using such information in criminal or any other proceeding at appropriate stage of the sentence covered by this protocol.

Destruction and disposal:
§ 42: the money should be reinvested in other needed areas such as public health. Hence, one should add at the end of the §: or any other activity that further the objective of this protocol.
Thailand reminded other delegation that this paragraph is not mandatory.


Plenary meeting
After brief comments the chair gave the floor to the delegations for their comments.

Enhanced law enforcement capacity:
- Senegal said that the developing countries should be assisted on law enforcement.
- European Commission asks for international cooperation.

Offences:
- South Africa says to have a problem with the word “intentionally”, it would create loop holds, as who will prove the intentionality. It is financially difficult for developing countries to try to prove intentionality.
- Ecuador speaking in the name of AMRO countries asked for a legal clarification of the “illicit trade” meant by the framers of the template.
- Searo expressed them selves on paragraph 33a, stating that for all countries of the region, growing without licence is not a offence as there are many small growers. Philippines endorsed that comment.
- Congo estimated that one should add 2 sub-paragraph. 1: packages not in conformity to the rules of the convention, 2: selling by and to minors.
- Togo went one the same way and added a sub-paragraph: fake or falsified licences.
Before closing this theme, the chair said that the drafters will try to take all the comments into account accordingly to the different legal systems, as the common law is different from the napoleon laws…

Sanctions and penalties
- Togo asked for a legal definition of “probation”
On paragraph 36, Philippines asked for an amendment on the last sentence, agreeing on searo comment. It would read as follows: Parties may also wish to consider adopting measures that take into consideration any previous similar conviction of an alleged offender for the purpose of using such information in criminal or any other proceeding at appropriate stage of the sentence covered by this protocol.

Search, confiscation and seizure
- EC strongly recommended all parties to have legal measure on this issue.
- India on behalf of Searo asked that the term “property” be defined clearly.

Faye Ismaïla Pedro

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