Decision: assistance and cooperation

MEETING OF THE PARTIES TO THE PROTOCOL TO ELIMINATE ILLICIT TRADE IN TOBACCO PRODUCTS FCTC/MOP2(7) 16 November 2021 Second session Geneva, Switzerland, 15–18 November 2021 13 DECISION FCTC/MOP2(7) Assistance and cooperation The Meeting of the Parties (MOP), Noting the report prepared by the Working Group on Assistance and Cooperation for the Protocol to Eliminate Illicit Trade in Tobacco Products contained in document FCTC/MOP/2/7; Considering the options developed by the Working Group on Assistance and Cooperation and welcoming the documentation produced, including the report on Examples of current practices in the implementation of Article 12 (Free zones and international transit) of the Protocol to Eliminate Illicit Trade in Tobacco Products; Recognizing that the full and effective implementation of Articles relating to international cooperation and mutual assistance in aspects related to enforcement (Article 21), investigation and prosecution of offences (Article 24), administrative (Article 28), legislative (Article 29) and scientific, technical and technological matters (Article 23) is crucial for the successful achievement of the objectives of the Protocol; Recognizing also the high level of interest in practical examples of implementation of Article 12 (Free zones and international transit); Bearing in mind the provisions of Article 5.3 of the WHO Framework Convention on Tobacco Control and Article 4.2 of the Protocol; Noting with satisfaction the outcome of the Working Group on Assistance and Cooperation, which has completed its mandate, and thankful for the work of Parties that participated in the consultation processes, 1. REMINDS Parties: in the context of Article 21: (a) to provide the Convention Secretariat with updated information on designated competent national authorities, as provided for in Article 22; in the context of Article 29: FCTC/MOP2(7) 2 (b) to provide the Convention Secretariat with updated information about central authorities designated for Mutual Legal Assistance (MLA) and the languages accepted, as provided for in this Article; in the context of Article 12: (c) to take appropriate measures – both legal and operational – to efficiently address fraud in free zones, including prohibiting intermingling upon removal from free zones; 2. INVITES Parties: in the context of Articles 21, 28 and 29: (a) to adopt appropriate instruments and measures to facilitate the exchange of information; (b) provide the Convention Secretariat with updated information on contact points to implement Mutual Administrative Assistance (MAA) as provided for in Article 28; (c) to build upon experience and existing instruments, avoiding duplication – as described in Annex 1 of the report of the Working Group on Assistance and Cooperation (document FCTC/MOP/2/7); (d) to utilize, but not be limited by, the elements in Annex 2 of the report of the Working Group on Assistance and Cooperation (document FCTC/MOP/2/7) to facilitate and enable the exchange of information; (e) to use international legal instruments in force, as appropriate; (f) to share expertise through training and capacity-building about MAA and MLA focused on the Protocol provisions; in the context of Article 24: (g) to strengthen cooperation between law enforcement authorities at the national level, as described in Annex 3 of the report of the Working Group on Assistance and Cooperation (document FCTC/MOP/2/7); (h) to develop regional cooperation instruments (addressing cross-border illicit trade), as described in Annex 3 the report of the Working Group on Assistance and Cooperation (document FCTC/MOP/2/7); (i) to engage and foster cooperation with the World Customs Organization (WCO), and international and regional law enforcement organizations; in the context of Article 23: (j) to focus, as a priority, on the implementation of the legal obligations, notably in relation to tracking and tracing systems; FCTC/MOP2(7) 3 (k) when considering requesting assistance, to assess their own needs and priorities, in order to draw plans and avoid possible overlaps or redundant actions; in the context of Article 12: (l) to continue to share good practices with each other, including through the Convention Secretariat; (m) to explore benefits of regional actions; 3. REQUESTS the Convention Secretariat: (a) to act as a facilitator of cooperation between Parties, upon request, with special regard to provisions included under Articles 21, 23, 24 and 28 of the Protocol; in the context of Articles 21, 28 and 29: (b) to maintain up-to-date information on existing tools and instruments; (c) to maintain updated lists of competent authorities or contact points for customs MAA and of central authorities for MLA; (d) to find a platform to store the above-mentioned information in a secured area, for Parties to share and access, taking into account requirements for confidentiality, data protection and adequate legal basis; (e) to assist Parties in finding information on MLA, including MLA requirements of the requested Party, for example through the United Nations Office on Drugs and Crime (UNODC); in the context of Article 24: (f) to invite competent international and regional intergovernmental organizations to apply for the status of observer to the MOP and/or contribute to the implementation of the Protocol; in the context of Article 23: (g) as required and within its limited resources, to support Parties in assessing their needs and obtaining appropriate assistance, using the whole range of available tools; in the context of Article 12: (h) to maintain up-to-date information about good practices on control of tobacco products in the free zones and related to international transit; (i) to create a training module on tobacco control in free zones and related to international transit, and organize regional workshops focused on customs and trade sectors. (Second Plenary meeting, 16 November 2021) = = =