5 Asian J. WTO & Int'l Health L & Pol'y 53 (2010)
Recent Progress in the Development of a Protocol on the Illicit Trade in Tobacco Products

handle is hein.journals/aihlp5 and id is 55 raw text is: RECENT PROGRESS IN THE DEVELOPMENT
OF A PROTOCOL ON THE ILLICIT TRADE IN
TOBACCO PRODUCTS
Neil Boister
ABSTRACT
This article reviews the development to date of the draft Protocol
on the Illicit Trade in Tobacco Products currently under negotiation
as a supplement to the Framework Convention on Tobacco Control.
It suggests that diversion from the licit trade into the illicit trade is
the main target of the draft Protocol. It examines the process of
development of the draft Protocol from the Expert's Template
through the various drafts produced by the International Negotiating
Body in Geneva in the first three rounds of negotiations held in 2008
and 2009. The article suggests that the European Community's
agreement with the Tobacco Company Phillip Morris International
has served as a model for many of the regulatory provisions in the
Draft Protocol. The article identifies tracking and tracing, licensing
and due diligence as the three main tools to be used to prevent
diversion, and sets out the problems and progress of negotiations in
regard to each. The article also sets out the main criminal justice
Professor Neil Boister, School of Law, University of Canterbury. The author would like to thank
the organisers of the 2009 International Conference on FCTC: Control of Demand and Supply of
Tobacco and International Trade, Taiwan Bureau of Health Promotion, Department of Health and
Asian Center for WTO and International Health Law and Policy, College of Law, National Taiwan
University, Taipei, 28-29 August 2009, at which an earlier version of this paper was presented. He
would also like to thank Jonathan Liberman and Benn McGrady for their comments on that earlier
draft. The author acted as a consultant for the Framework Convention Alliance during the
negotiation of the Illicit Trade Protocol and has attended all the INB's as an observer. The opinions
expressed in this paper are, however, entirely his own.

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