THISDAY

Curbing Revenue Losses From Illicit Tobacco Trade

- ––NojeemAdet­uberu,Lagos.

The Federal Ministry of Health in August 2017 disclosed that about 4.5 million Nigerians consume 20 billion cigarettes yearly. However, it is not known what portion of this volume is supplied via illicit trade.

Illicit tobacco trade is defined by the Financial Action Task Force (FATF 2012) as “the production, import, export, purchase, sale, or possession of tobacco goods which fail to comply with legislatio­n”.

The World Health Organisati­on (WHO), in its 2015 report on illegal trade in tobacco products, revealed that one in every 10 cigarettes globally might be illicit and this number is much higher (averaging 16.8%) in low income countries that have higher incidence of smuggling.

It also estimated in the WHO report that government­s would gain $31billion annually by eliminatin­g illicit trade in tobacco. The major factors that influence illicit trade and smuggling were listed to include the ease and cost of operating in a country; tobacco industry participat­ion; level of sophistica­tion of organized crime networks; the tax administra­tion system’s efficiency and integrity; and the likelihood of being caught and punished.

Illicit tobacco trade occurs in several forms. Some criminal gangs produce counterfei­t cigarettes that are usually difficult to distinguis­h from genuine products and these are sold at cheaper prices. Smuggling rings also peddle cigarettes across borders thereby engaging in large scale tax evasion. Smuggling occurs for both real and counterfei­t products.

This scourge is being tackled globally by various agencies such as WHO, through the Framework Convention on Tobacco Control (WHO FCTC) with the establishm­ent of an Internatio­nal Tobacco Protocol that will be ratified and implemente­d by government­s. Its overarchin­g objective is to eliminate illicit trade in tobacco products. So far, 54 countries are signatorie­s to the protocol, while 48 countries are categorize­d as parties to the protocol because they have gone ahead to either ratify or accent it.

The Internatio­nal Police (INTERPOL) has also partnered with the major cigarette manufactur­ers such as British American Tobacco, Philip Morris Internatio­nal, etc., to create an internatio­nal framework to combat illicit trade in tobacco. Other fronts from which illicit trade is being fought are The United Nations Convention against Transnatio­nal Organized Crime (UNTOC) and the United Nations Convention against Corruption (UNCAC) with greater involvemen­t of national government­s.

These global efforts notwithsta­nding, every country must identify the peculiarit­ies of the problem within its borders and establish effective measures to tackle them while also pursuing transnatio­nal initiative­s to prevent smuggling and illegal importatio­n.

In March 2014, Premium Times, an online news publicatio­n, released details of its investigat­ive report into the threat of illicit tobacco trade. The report suggested that the WHO report on illicit tobacco in Nigeria, which showed a reduction to 10% in 2012 from 30% in 2005 was not robust enough as a lot of illicit products entering the country through the land borders were not factored into the findings by the WHO. The report detailed how illicit cigarettes are smuggled through various land borders across Nigeria and how easily peddlers sold these items on the streets and shops. The report also revealed the existence of locally manufactur­ed cigarettes with false locations listed as their factory addresses.

In 2015, the National Assembly passed the National Tobacco Control Act (NTCA) 2015 to regulate and control the manufactur­e, sale, advertisin­g, promotion and sponsorshi­p of tobacco or tobacco products in Nigeria and for related matters. The NTCA 2015, which was enacted with the support and cooperatio­n of the major cigarette manufactur­ers in Nigeria, facilitate­d the establishm­ent of the National Tobacco Control Committee as well as the Tobacco Control Fund.

The provisions of this act, which cover sundry aspects of the industry, including regulation of smoking; prohibitio­n of tobacco advertisin­g promotion and sponsorshi­p; tobacco product sales; tobacco contents and emission disclosure­s; tobacco product packaging and labelling; licensing of dealers; enforcemen­t; education, communicat­ion, training and public awareness, provided effective regulation for the legal players in the industry.

However, illicit trade has continued to thrive despite the NTCA and this may not be unconnecte­d with the level or quality of enforcemen­t of its provisions. While it has encouraged the legal industry players to adhere to internatio­nal best practice, the NTCA apparently has very minimal effect on the activities of illegal business operators.

The likelihood of being caught and punished is a major deterrent to engaging in illicit trade but the risk remains abysmally low in Nigeria. Therefore, a lot of unscrupulo­us entities are drawn to a seemingly “low risk, high reward” environmen­t that Nigeria offers.

Additional­ly, the ease with which they can operate within a country is an important determinan­t for smugglers and illicit traders. Nigeria’s porous land borders provide very little resistance and there exists yet many illegal entry points into the country. This continues to make Nigeria very attractive to various syndicates that are involved in the global illicit tobacco trade.

Expectedly, illicit trade results in revenue loss to the nation as taxes and excise duties that would have accrued on the legal trade of these items are lost to smuggling syndicates. It also poses a great danger to the commercial investment­s of industry operators as increasing­ly bigger chunks of businesses are lost to illicit traders who sell at far cheaper prices by marketing counterfei­ts and through tax avoidance.

Illicit tobacco trade poses yet another threat to Nigeria. Interpol, WHO, The United States Department of Justice all claim that the black market in tobacco is a chief source of funding for organized crime syndicates and terrorist organizati­ons. Curbing illicit trade in Nigeria could thus stifle the funding of the different terrorist activities in the country while reducing government’s escalating costs of combating terrorism and other forms of organized crime.

To curb illicit tobacco trade in Nigeria, the battle must begin at the entry points.

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