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Research shows that diplomats have been lobbying on behalf of tobacco companies for many years, and that this is part of a broader industry strategy to undermine public health and further the commercial objectives of tobacco companies. There have been multiple instances of lobbying by ambassadors and other diplomats from the UK, as well as […]

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Research shows that diplomats have been lobbying on behalf of tobacco companies for many years, and that this is part of a broader industry strategy to undermine public health and further the commercial objectives of tobacco companies.1

There have been multiple instances of lobbying by ambassadors and other diplomats from the UK, as well as Japan and Switzerland. Much of this lobbying activity has taken place in low and middle-income countries (LMICs).2 These countries are important sources of new customers for tobacco companies as markets in higher income countries where consumption is generally falling.345

Diplomats are also involved in activities which help promote the tobacco industry via local media, such as visiting tobacco farms or factories. Other engagement supports tobacco companies’ product promotions, or corporate social responsibility strategy. These activities help to raise the profile of tobacco companies, enhance their reputations, and support the ‘normalisation’ of the industry.167

Background

Parties to the World Health Organization (WHO) Framework Convention on Tobacco Control (FCTC) have an obligation to protect public health policies from the “commercial and vested interests of the tobacco industry” and any contact with tobacco industry representatives, or others seeking to further their interests, must be “limited” and “transparent”.8 The implementation guidelines to Article 5.3 of the WHO FCTC recommend that Parties limit interactions with the tobacco industry to those that are absolutely necessary to regulating the industry, and ensure the transparency of those interactions that do occur.8  The guidelines also recommend parties treat state-owned tobacco companies in the same way as any other tobacco company, including avoiding any “preferential treatment”.8

In addition, the guidelines state that “… Whenever possible, interactions should be conducted in public, for example through public hearings, public notice of interactions, disclosure of records of such interactions to the public”.8

However even in countries with a high level of compliance with the WHO FCTC requirements, diplomatic missions rarely achieve this level of transparency. Information on tobacco industry engagement has largely been found through media investigations and Freedom of Information requests (FOIs).

In October 2014, the 6th Conference of the Parties (COP) decided to urge parties: “to raise awareness and adopt measures to implement Article 5.3 and its implementing Guidelines among all parts of government including diplomatic missions.”9 Another decision required governments to “take into account their public health objectives in their negotiation of trade and investment agreements”.10

Nevertheless, diplomats continue to lobby for tobacco companies around the world.1

Countries whose diplomatic representatives have lobbied on behalf of tobacco companies overseas  include the UK, Germany and Japan, who are all Parties to the WHO FCTC,11 as well as the United States and Switzerland. BAT, PMI and Japan Tobacco all have offices in Geneva, Switzerland, the location of the World Health Organization and other key international bodies.

UK

There are specific guidelines covering the engagement of British (UK) officials working overseas designed to limit contact with tobacco companies, and support compliance with Article 5.3. After the UK Ambassador to Panama lobbied on behalf of British American Tobacco (BAT),12 the guidelines were revised in 2013.13 These guidelines state that “Posts must not…Engage with local foreign governments on behalf of the tobacco industry, except in cases where local policies could be considered protectionist or discriminatory”.13

Engagement and lobbying

Despite having guidelines in place to support compliance with the WHO FCTC, FOI requests and media investigations have revealed that British diplomats continue to interact with the tobacco industry more than is necessary. UK diplomats have lobbied for BAT in Bangladesh,1415 Hungary,16 and Pakistan.1217181920

UK officials have also disclosed contact with tobacco companies in Panama and Venezuela,2122 Laos,23 Cuba,24 and Burundi.25

In 2018, UK advocacy organisation Action on Smoking & Health (ASH) called this a “global pattern of engagement” by British officials to defend BAT’s interests.26

Tobacco industry events

UK government guidelines state that staff must not:

“Attend or otherwise support receptions or high-profile events, especially those where a tobacco company is the sole or main sponsor and/or which are overtly to promote tobacco products or the tobacco industry (such as the official opening of a UK tobacco factory overseas)”.13

However, UK staff have attended such events, generating considerable local media coverage.

For example, in 2019 the British ambassador to Yemen opened a cigarette factory in a free trade zone in Jordan, celebrating the expansion of the tobacco company Kamaran which is part-owned by BAT.1272829

In 2020, staff from the UK high commission in Pakistan attended a promotional event for a BAT product in Pakistan.30

  • See UK Diplomats Lobbying for BAT for details.

Engaging with industry allies

The links between diplomatic missions and tobacco companies can be more indirect, via funding third party allies of the industry. The UK guidelines state that diplomats should not “endorse projects which are funded directly or indirectly by the tobacco industry”.  However, a 2019 investigation by The Guardian found that the British high commission in Malaysia had given funding to a Kuala Lumpur based think tank (IDEAS) for several years. At the same time the think tank was also receiving money from tobacco companies and was lobbying against plain packaging regulation and tobacco taxes.31  While the UK had already implemented plain packaging regulations, tobacco control was being undermined overseas.

Attending meetings with the tobacco industry

Tobacco companies attend meetings and events organised directly by UK government departments, such as the FCO (now FCDO) or the DIT (now Department for Business and Trade).21  They also attend those held by regional, national or local business organisations such as chambers of commerce.

Responses to FOI requests show that when the attendance of UK government officials at such events is disclosed, there is little detail about the specific purpose or content of these meetings,1416 It may simply be described as relating to ‘doing business’ in the country.22

Business vs public health interests?

The UK guidelines for overseas staff (last updated in 2013) allow for the communication of “basic trade, investment and political information”, although this is not defined.13 One of the activities used to justify interaction by UK diplomats is “resolving business problems that are potentially discriminatory”.1214163233 This has been criticised as running counter to the WHO FCTC guidelines.134

While transparency is required for tobacco industry interactions in 2018, the UK government told Parliament that it “does not catalogue the representations it makes on behalf of companies”.353637  Research by the Tobacco Control Research Group (TCRG) concluded that the stated WHO FCTC goal of “maximum transparency” is not being achieved in the UK.129

Japan

In 2021, the Ambassador of Japan to Bangladesh lobbied the government of Bangladesh on behalf of Japan Tobacco International (JTI).  In a letter to the Bangladesh Finance Minister the Ambassador criticised 2019 taxation changes for their impact on JTI. It also complained about the activities of competitors, and licensing demands.38

  • For details, including the lobbying letter, see Japanese Diplomats Lobbying for JTI

The Japanese Ambassador to Ethiopia was present at the signing of a deal between the Ethiopian government and JTI in 2016,  when the Ministry of Public Enterprise sold 40% of its National Tobacco Enterprise to the Japanese company.39 Japanese diplomats have also toured tobacco farms and JTI factories in Tanzania and Zambia.4041

Japan Tobacco International is the overseas subsidiary of Japan Tobacco (JT), which is one third-owned by the Japanese government.42

Germany

In May 2022, the German ambassador to Beirut visited the offices of Regie, the Lebanese Tobacco and Tobacco Inventory Administration.143

Denmark

The Imani Centre for Policy and Education, a Ghana-based think tank,  received money from the Danish embassy while lobbying against tobacco control.3144

Switzerland

Switzerland is not Party to the WHO FCTC.

In 2019, Swiss diplomats approached the government of the Republic of Moldova on behalf of Philip Morris International (PMI) seeking an opportunity to discuss new tobacco legislation.454647  The proposed legislation included significant tax increases on heated tobacco products, in which PMI has invested.4548

The same year, PMI helped fund an inaugural event for the new Swiss Embassy in Moscow.4950

USA

Although the US is not Party to the WHO FCTC, it has specific laws and guidance that prohibit its diplomats from promoting the sale or export of tobacco, or influencing non-discriminatory restrictions on tobacco marketing.51525354 However, US diplomats have enabled meetings between tobacco companies and government representatives.

The US ASEAN Business Council organises delegations of US businesses, including Philip Morris International (PMI), which meet high level officials in the ASEAN region.51  PMI was at the time a vice chair of its Customs & Trade Facilitation Committee and used this opportunity to meet with government officials from the Ministry of Industry and Trade of Vietnam.5155

Why it matters

The examples above illustrate contraventions of the WHO FCTC, an international treaty, and in many cases breaches of national guidelines. As TCRG research points out, all of these activities also undermine the spirit of these laws, by apparently serving the commercial interests of transnational tobacco companies and helping to ‘normalise’ the industry in the eyes of policy makers and the public.1

The implementation guidelines of Article 5.3 urge Parties to exclude the tobacco industry completely from the public health policy arena.  The guidelines also urge them not to participate in corporate social responsibility (CSR) activities which are used by the tobacco industry and as an alternative means to access policy makers, as well as for public relations and product promotion.1

In August 2019, in direct response to the exposure of lobbying by Swiss diplomats, the WHO released a statement urging governments to comply with Article 5.3 and to “proactively aspire to reduce the number of people starting and continuing smoking, to promote health and preserve future generations”.56

TobaccoTactics Resources

TCRG Research

A “willingness to be orchestrated”: Why are UK diplomats working with tobacco companies?, R. Alebshehy, K. Silver, P. Chamberlain, Frontiers in Public Health, 17 March 2023, Sec. Public Health Policy, Volume 11 – 2023, doi: 10.3389/fpubh.2023.977713

For a comprehensive list of all TCRG publications, including TCRG research that evaluates the impact of public health policy, go to the Bath TCRG’s list of publications.

References

  1. abcdefghiR. Alebshehy, K. Silver, P. Chamberlain, A “willingness to be orchestrated”: Why are UK diplomats working with tobacco companies?, Frontiers in Public Health, 17 March 2023,
    Sec. Public Health Policy, Volume 11 – 2023, doi: 10.3389/fpubh.2023.977713
  2. World Bank, The World By Income and Region, website, accessed February 2023
  3. A. B. Gilmore, G. Fooks, J. Drope et al, Exposing and addressing tobacco industry conduct in low-income and middle-income countries, Lancet, 2015, Mar 14;385(9972):1029-43. doi: 10.1016/S0140-6736(15)60312-9
  4. A. Gilmore, Big tobacco targets the young in poor countries – with deadly consequences, The Guardian, December 2015, accessed May 2023
  5. Action of Smoking and Health, Tobacco and the Developing World, ASH factsheet, 2019
  6. S. Ulucanlar, G.J. Fooks, A.B. Gilmore, The Policy Dystopia Model: An Interpretive Analysis of Tobacco Industry Political Activity, PLoS Medicine, 2016, 13(9): e1002125, doi:10.1371/journal.pmed.1002125
  7. B.K. Matthes, K. Lauber, M. Zatoński, et al, Developing more detailed taxonomies of tobacco industry political activity in low-income and middle-income countries: qualitative evidence from eight countries, BMJ Global Health, 2021;6:e004096, doi: 10.1136/bmjgh-2020-004096
  8. abcdWorld Health Organization, Guidelines for implementation of Article 5.3 of the WHO Framework Convention on Tobacco Control, 2008
  9. World Health Organization, FCTC/COP6(14) Protection of public health policies with respect to tobacco control from commercial and other vested interests of the tobacco industry, 18 October 2014
  10. World Health Organization, FCTC/COP6(19) Trade and investment issues, including international agreements, and legal challenges in relation to implementation of the WHO FCTC, 18 October 2014
  11. United Nations, Chapter IX Health, 4. WHO Framework Convention on Tobacco Control, treaty record and status
  12. abcK. Stacey, K. Shubber, UK accused over cigarette lobbying abroad. Financial Times, 7 April 2015
  13. abcdDepartment of Health, United Kingdom’s revised guidelines for overseas posts on support to the tobacco industry, December 2013, accessed February 2023
  14. abcDepartment of International Trade, Freedom of Information Act 2000 Request Ref: 1042-17, 29 December 2017
  15. J. Doward, British diplomat lobbied on behalf of big tobacco, The Guardian, 10 September 2017, accessed June 2018
  16. abcForeign & Commonwealth Office, Freedom of Information Act 2000 Request Ref: 1045-17, 8 January 2018
  17. BAT team asks govt to withdraw decision, The Nation, 20 March 2015, accessed June 2015
  18. J. Owen, Health Experts Demand Foreign Office Apology After They Attend Meeting Lobbying for Tobacco Company with Pakistani Ministers, The Independent, 9 April 2015, accessed April 2022
  19. Pakistan: British High Commissioner Lobbies for Tobacco Industry, Worldwide News and Comments, Tobacco Control, 2015;24:213-216
  20. STOP/Vital Strategies, Crooked Nine: Nine Ways the Tobacco Industry Undermines Health Policy,  New York, September 2019. Available from exposetobacco.org
  21. abJ. Doward, UK accused of hypocrisy on overseas tobacco control, The Guardian, 27 January 2018, accessed June 2018
  22. abForeign & Commonwealth Office, FOI release: contact with tobacco manufacturers in Venezuela, June 2018, accessed July 2018
  23. Foreign & Commonwealth Office, Freedom of Information Act 2000- Request Ref: 1047-17, 1 December 2017
  24. Foreign & Commonwealth Office, FOI release:contact with tobacco manufacturers in Cuba, 18 May 2018, accessed June 2018
  25. Foreign & Commonwealth Office, FOI release: contact with tobacco manufacturers in Rwanda and Burundi, 15 May 2018, accessed June 2018
  26. Action on Smoking and Health, How British diplomats have defended BAT’s overseas activities, ASH website, 26 April 2018, accessed June 2018
  27. Kamaran, The opening of Kamaran factory in Jordan [in Arabic] 9 December 2019, accessed June 2022
  28. Yemen-TV, Follow-ups – The opening of the Kamaran factory in Jordan 12-12-2019, accessed December 20195758Tobacco Control Research Group, Are diplomats promoting tobacco over public health? Press release, 20 March 2023, accessed March 2023
  29. abM. Safi, UK ambassador to Yemen took part in opening of Jordanian cigarette factory, The Guardian, 19 March 2023, accessed March 2023
  30. Foreign, Commonwealth & Development Office, Freedom of Information Act 2000 – request ref: FOI2021/01726, 23 February 2021
  31. abJ. Glenza, How diplomatic missions became entangled with the tobacco industry, The Guardian, 24 January 2019, accessed April 2022
  32. Hansard, Parliament debate, UK Parliament website, Hansard column 334, 18 May 1999, accessed June 2018
  33. House of Commons, Diplomatic Service: Tobacco: Written question 105761, UK Parliament website, 6 October 2017, accessed June 2018
  34. D. Arnott, Britain’s shame in Panama: Trade interests allowed to trump health, FCA_Daily_Bulletin_Issue_111, 29 March 2012, accessed January 2021
  35. House of Lords, Tobacco: Written question HL5324, UK Parliament website, 1 February 2018, accessed June 2018
  36. House of Commons, Diplomatic Service: Tobacco: Written question 105761, UK Parliament website, 6 October 2017, accessed June 2018
  37. House of Commons, Tobacco: Written question 127795, UK Parliament website, 8 February 2018, accessed June 2018
  38. I. Noki, Ambassador of Japan, Re: Japan International’s (JTI) Landmark Investment in Bangladesh and Repeated Challenges Posed Due to Policy Shifts and Anti-Competitive Activities, Letter from Ito Noki to Finance Minister Mustafa Kamal, 19 January 2021
  39. Japan Tobacco Seals $510m Monopoly Shares Deal, Addis Fortune, 19 July 2016, archived July 2016, accessed October 2022
  40. Embassy of Japan in Tanzania, Ambassador visiting Tanzania Cigarette Company, Facebook post, 6 November 2015, accessed October 2022
  41. Embassy of Japan in the Republic of Zambia, Press Tour on Japan’s Development Assistance in Zambia, press release, 29 March 2017, archived July 2017, accessed October 2022
  42. M. Nakamoto, Japan to raise up to $10bn from tobacco share sale, Financial Times, 25 February 2013, accessed May 2023
  43. Lebanese Tobacco and Tobacco Inventory Administration (Reggie), The visit of the German ambassador to the Regie, website, 18 May 2022, archived 24 May 2022, accessed June 2022
  44. Think tank database, The Guardian, 23 January 2019, accessed March 2023
  45. abE. Bluulle, D. Buhler, Diplomatie im Dienst des Weltkonzerns, Republik, 31 July 2019, accessed August 2019
  46. R. Etwareea, La diplomatie Suisse, entremetteur pour Philip Morris (Paywall), Le Temps, 9 August 2019, accessed August 2019
  47. Philip Morris Row: Swiss diplomats placed request for tobacco firm in Moldova, Swissinfo.ch, 11 August 2019, accessed August 2019
  48. F. Nedzelschi, Lobby sau ba? În pragul votării unei legi care ar scumpi și ar restricționa produsele IQOS apar articole și petiții care o condamnă. Explicațiile companiei, Agora, 02 July 2019, accessed August 2019
  49. Ministry rebuked for taking tobacco money, Swissinfo.ch, 22 July 2019, accessed August 2019
  50. Opening of Swiss embassy in Moscow sponsored by Russian oligarch, Swissinfo.ch, 20 July 2019, accessed August 2019
  51. abcSouth East Asia Tobacco Control Alliance (SEATCA), Vietnam: Philip Morris used US-ABC & US Embassy to access top Vietnamese officials, website, 17 March 2017, accessed June 2022
  52. U.S. Government, Doggett Amendement, 17 January 2014, available from tobaccocontrollaws.org
  53. U.S. Government, Executive Order 13193: Federal Leadership on Global Tobacco Control and Prevention, 18 January 2001, available from govinfo.gov
  54. U.S. Government, Guidance for U.S. Diplomatic and Consular Posts on Trade and Commercial Issues, 2009, available from tobaccocontrollaws.org
  55. US-ASEAN Business Council, Customs and Trade Facilitation, website, undated, archived April 2017, accessed June 2020
  56. World Health Organisation, WHO statement urging governments to ban tobacco advertising, promotion and sponsorship at international expositions, WHO press release, 15 August 2019, accessed March 2021

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The BAT Files: How British American Tobacco Bought Influence in Africa https://tobaccotactics.org/article/the-bat-files/ Tue, 14 Sep 2021 09:16:15 +0000 https://tobaccotactics.org/?post_type=pauple_helpie&p=10763 The TobaccoTactics long read British American Tobacco: Dirty Deeds in Africa describes how British American Tobacco (BAT) has used a range of unethical and corrupt practices in markets across Africa – to maintain its profits, to block or weaken tobacco control measures, and to undermine its competitors. Tactics range from the exploitation of farmers and […]

The post The BAT Files: How British American Tobacco Bought Influence in Africa appeared first on TobaccoTactics.

]]>
The TobaccoTactics long read British American Tobacco: Dirty Deeds in Africa describes how British American Tobacco (BAT) has used a range of unethical and corrupt practices in markets across Africa – to maintain its profits, to block or weaken tobacco control measures, and to undermine its competitors.

Tactics range from the exploitation of farmers and use of child labour to threats and intimidation, and a “continent-spanning spy network”. All to pursue BAT’s own commercial goals.

Examples from across the region feature on an illustrative map, and below are links to further reading which provide a comprehensive understanding of the company’s activities in Africa.

Sabotage, Deceit and Duplicity: British American Tobacco Uncovered

Significant new reports and briefings can be found on the BAT Uncovered micro-site of TCRG’s partner organisation STOP at exposetobacco.org

These cover new allegations of bribery across Africa, and dirty tricks in South Africa.

Briefing papers on BAT’s alleged capture of state agencies, potential complicity in smuggling in South Africa and alleged connection to an attempted bribery conspiracy in Zimbabwe will be published on this site in due course.

Buying Influence and Advantage in Africa

Analysis of whistleblower documents by the Tobacco Control Research Group (TCRG) at the University of Bath found a “large number of questionable payments” made by BAT over a five-year period.  This huge international corporation used these payments to influence policy and undermine competing tobacco companies, both international and local.

BAT made payments impacting ten countries in East and Central Africa. They were made to politicians and civil servants, staff of competitor companies, journalists, farmers and others involved in positions of potential influence.  The use of these payments appeared to be systematized and supported by senior staff, including in BAT’s London office.

The full report details the payments and describes the serious consequences of this unethical business activity. It also suggests that governments globally should more closely examine BAT’s behaviour.

The leaked source documents are publicly available in the UCSF Industry Documents Library Africa Collection (University of California, San Francisco).

Dirty Tricks in South Africa

In the report on British American Tobacco in South Africa, TCRG researchers explain how BAT has fought to maintain its dominance of this key market over decades, in the face of increased competition and growing illicit trade. The report describes how the company has used “any means necessary” to hold its position, including paying another company to run a “massive secret surveillance and informant network in Southern Africa on behalf of BAT”.

The report details BAT’s use of third party service providers, allegedly overseen and run by senior operatives at BAT’s London headquarters.  It also explains how BAT is “yet to face meaningful consequences for its actions either in the region or at home in the U.K.” after the U.K. Serious Fraud Office (SFO) dropped its five-year investigation in January 2021.

BAT has repeatedly denied accusations of corporate espionage, corruption and law-breaking,62 but new analysis of leaked documents raises serious questions about BAT’s activities in South Africa, particularly in relation to tobacco smuggling and tax evasion.

The research by the TCRG was carried out in collaboration with BBC’s Panorama, The Bureau of Investigative Journalism and the Organized Crime and Reporting Project.

See also:

The BBC’s Panorama documentary programme, broadcast on 13 September 2021, which “unveils new revelations about the corrupt practices deployed by one of Britain’s biggest companies.”63

The Bureau of Investigative Journalism

Victoria Hollingsworth tells the true story of corrupt practices behind the scenes at British American Tobacco. Hear from the very people caught up in this world as the Bureau sinks deep into the dirty underbelly of the tobacco industry in South Africa.

BAT in Africa: A History of Double Standards

TobaccoTactics details the history of BAT’s double standards, exposing a difference between its stated goals and principles, and its activities in low and middle-income African countries.  It includes links to earlier allegations against BAT, featured in a 2015 Panorama programme and media coverage at the time.

This page brings the story up to date…

 

References

  1. abcdefghiR. Alebshehy, K. Silver, P. Chamberlain, A “willingness to be orchestrated”: Why are UK diplomats working with tobacco companies?, Frontiers in Public Health, 17 March 2023,
    Sec. Public Health Policy, Volume 11 – 2023, doi: 10.3389/fpubh.2023.977713
  2. World Bank, The World By Income and Region, website, accessed February 2023
  3. A. B. Gilmore, G. Fooks, J. Drope et al, Exposing and addressing tobacco industry conduct in low-income and middle-income countries, Lancet, 2015, Mar 14;385(9972):1029-43. doi: 10.1016/S0140-6736(15)60312-9
  4. A. Gilmore, Big tobacco targets the young in poor countries – with deadly consequences, The Guardian, December 2015, accessed May 2023
  5. Action of Smoking and Health, Tobacco and the Developing World, ASH factsheet, 2019
  6. S. Ulucanlar, G.J. Fooks, A.B. Gilmore, The Policy Dystopia Model: An Interpretive Analysis of Tobacco Industry Political Activity, PLoS Medicine, 2016, 13(9): e1002125, doi:10.1371/journal.pmed.1002125
  7. B.K. Matthes, K. Lauber, M. Zatoński, et al, Developing more detailed taxonomies of tobacco industry political activity in low-income and middle-income countries: qualitative evidence from eight countries, BMJ Global Health, 2021;6:e004096, doi: 10.1136/bmjgh-2020-004096
  8. abcdWorld Health Organization, Guidelines for implementation of Article 5.3 of the WHO Framework Convention on Tobacco Control, 2008
  9. World Health Organization, FCTC/COP6(14) Protection of public health policies with respect to tobacco control from commercial and other vested interests of the tobacco industry, 18 October 2014
  10. World Health Organization, FCTC/COP6(19) Trade and investment issues, including international agreements, and legal challenges in relation to implementation of the WHO FCTC, 18 October 2014
  11. United Nations, Chapter IX Health, 4. WHO Framework Convention on Tobacco Control, treaty record and status
  12. abcK. Stacey, K. Shubber, UK accused over cigarette lobbying abroad. Financial Times, 7 April 2015
  13. abcdDepartment of Health, United Kingdom’s revised guidelines for overseas posts on support to the tobacco industry, December 2013, accessed February 2023
  14. abcDepartment of International Trade, Freedom of Information Act 2000 Request Ref: 1042-17, 29 December 2017
  15. J. Doward, British diplomat lobbied on behalf of big tobacco, The Guardian, 10 September 2017, accessed June 2018
  16. abcForeign & Commonwealth Office, Freedom of Information Act 2000 Request Ref: 1045-17, 8 January 2018
  17. BAT team asks govt to withdraw decision, The Nation, 20 March 2015, accessed June 2015
  18. J. Owen, Health Experts Demand Foreign Office Apology After They Attend Meeting Lobbying for Tobacco Company with Pakistani Ministers, The Independent, 9 April 2015, accessed April 2022
  19. Pakistan: British High Commissioner Lobbies for Tobacco Industry, Worldwide News and Comments, Tobacco Control, 2015;24:213-216
  20. STOP/Vital Strategies, Crooked Nine: Nine Ways the Tobacco Industry Undermines Health Policy,  New York, September 2019. Available from exposetobacco.org
  21. abJ. Doward, UK accused of hypocrisy on overseas tobacco control, The Guardian, 27 January 2018, accessed June 2018
  22. abForeign & Commonwealth Office, FOI release: contact with tobacco manufacturers in Venezuela, June 2018, accessed July 2018
  23. Foreign & Commonwealth Office, Freedom of Information Act 2000- Request Ref: 1047-17, 1 December 2017
  24. Foreign & Commonwealth Office, FOI release:contact with tobacco manufacturers in Cuba, 18 May 2018, accessed June 2018
  25. Foreign & Commonwealth Office, FOI release: contact with tobacco manufacturers in Rwanda and Burundi, 15 May 2018, accessed June 2018
  26. Action on Smoking and Health, How British diplomats have defended BAT’s overseas activities, ASH website, 26 April 2018, accessed June 2018
  27. Kamaran, The opening of Kamaran factory in Jordan [in Arabic] 9 December 2019, accessed June 2022
  28. Yemen-TV, Follow-ups – The opening of the Kamaran factory in Jordan 12-12-2019, accessed December 20196566Tobacco Control Research Group, Are diplomats promoting tobacco over public health? Press release, 20 March 2023, accessed March 2023
  29. abM. Safi, UK ambassador to Yemen took part in opening of Jordanian cigarette factory, The Guardian, 19 March 2023, accessed March 2023
  30. Foreign, Commonwealth & Development Office, Freedom of Information Act 2000 – request ref: FOI2021/01726, 23 February 2021
  31. abJ. Glenza, How diplomatic missions became entangled with the tobacco industry, The Guardian, 24 January 2019, accessed April 2022
  32. Hansard, Parliament debate, UK Parliament website, Hansard column 334, 18 May 1999, accessed June 2018
  33. House of Commons, Diplomatic Service: Tobacco: Written question 105761, UK Parliament website, 6 October 2017, accessed June 2018
  34. D. Arnott, Britain’s shame in Panama: Trade interests allowed to trump health, FCA_Daily_Bulletin_Issue_111, 29 March 2012, accessed January 2021
  35. House of Lords, Tobacco: Written question HL5324, UK Parliament website, 1 February 2018, accessed June 2018
  36. House of Commons, Diplomatic Service: Tobacco: Written question 105761, UK Parliament website, 6 October 2017, accessed June 2018
  37. House of Commons, Tobacco: Written question 127795, UK Parliament website, 8 February 2018, accessed June 2018
  38. I. Noki, Ambassador of Japan, Re: Japan International’s (JTI) Landmark Investment in Bangladesh and Repeated Challenges Posed Due to Policy Shifts and Anti-Competitive Activities, Letter from Ito Noki to Finance Minister Mustafa Kamal, 19 January 2021
  39. Japan Tobacco Seals $510m Monopoly Shares Deal, Addis Fortune, 19 July 2016, archived July 2016, accessed October 2022
  40. Embassy of Japan in Tanzania, Ambassador visiting Tanzania Cigarette Company, Facebook post, 6 November 2015, accessed October 2022
  41. Embassy of Japan in the Republic of Zambia, Press Tour on Japan’s Development Assistance in Zambia, press release, 29 March 2017, archived July 2017, accessed October 2022
  42. M. Nakamoto, Japan to raise up to $10bn from tobacco share sale, Financial Times, 25 February 2013, accessed May 2023
  43. Lebanese Tobacco and Tobacco Inventory Administration (Reggie), The visit of the German ambassador to the Regie, website, 18 May 2022, archived 24 May 2022, accessed June 2022
  44. Think tank database, The Guardian, 23 January 2019, accessed March 2023
  45. abE. Bluulle, D. Buhler, Diplomatie im Dienst des Weltkonzerns, Republik, 31 July 2019, accessed August 2019
  46. R. Etwareea, La diplomatie Suisse, entremetteur pour Philip Morris (Paywall), Le Temps, 9 August 2019, accessed August 2019
  47. Philip Morris Row: Swiss diplomats placed request for tobacco firm in Moldova, Swissinfo.ch, 11 August 2019, accessed August 2019
  48. F. Nedzelschi, Lobby sau ba? În pragul votării unei legi care ar scumpi și ar restricționa produsele IQOS apar articole și petiții care o condamnă. Explicațiile companiei, Agora, 02 July 2019, accessed August 2019
  49. Ministry rebuked for taking tobacco money, Swissinfo.ch, 22 July 2019, accessed August 2019
  50. Opening of Swiss embassy in Moscow sponsored by Russian oligarch, Swissinfo.ch, 20 July 2019, accessed August 2019
  51. abcSouth East Asia Tobacco Control Alliance (SEATCA), Vietnam: Philip Morris used US-ABC & US Embassy to access top Vietnamese officials, website, 17 March 2017, accessed June 2022
  52. U.S. Government, Doggett Amendement, 17 January 2014, available from tobaccocontrollaws.org
  53. U.S. Government, Executive Order 13193: Federal Leadership on Global Tobacco Control and Prevention, 18 January 2001, available from govinfo.gov
  54. U.S. Government, Guidance for U.S. Diplomatic and Consular Posts on Trade and Commercial Issues, 2009, available from tobaccocontrollaws.org
  55. US-ASEAN Business Council, Customs and Trade Facilitation, website, undated, archived April 2017, accessed June 2020
  56. World Health Organisation, WHO statement urging governments to ban tobacco advertising, promotion and sponsorship at international expositions, WHO press release, 15 August 2019, accessed March 2021
  57. R.R. Jackson, A. Rowell, A.B. Gilmore, “Unlawful Bribes?”: A documentary analysis showing British American Tobacco’s use of payments to secure policy and competitive advantage in Africa, 13 September 2021, UCSF: Center for Tobacco Control Research and Education. Available from https://escholarship.org/uc/item/4qs8m106
  58. BAT, BAT emphatically rejects mischaracterisation of anti-illicit trade activities, BAT web site, 13 September 2021, accessed September 2021
  59. Dirty Secrets of the Cigarette Business, BBC Panorama, 13 September 2021
  60. Chapman, V. Hollingsworth, A. Aviram and M. Rees, Smoke Screen: BAT’s agents brokered bribe proposal, The Bureau of Investigative Journalism, 13 September 2021, accessed September 2021

The post The BAT Files: How British American Tobacco Bought Influence in Africa appeared first on TobaccoTactics.

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British American Tobacco in Africa: Continuing Allegations of Misbehaviour https://tobaccotactics.org/article/bat-africa-continuing-allegations-misbehaviour/ Tue, 14 Sep 2021 09:16:02 +0000 https://tobaccotactics.org/?post_type=pauple_helpie&p=10845 In British American Tobacco in Africa: A History of Double Standards we set out the evidence for how BAT operated across the continent up to 2015. Here we look at the some of the research published since then which have added to our understanding of the company. For more details on the pages published by […]

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In British American Tobacco in Africa: A History of Double Standards we set out the evidence for how BAT operated across the continent up to 2015.

Here we look at the some of the research published since then which have added to our understanding of the company.

For more details on the pages published by Tobacco Tactics on British American Tobacco in Africa visit The BAT Files.

Introduction

In 2015, the BBC’s Panorama programme used documents from an industry whistleblower to highlight allegations of alleged bribery by British American Tobacco.

According to the evidence supplied by former BAT employee Paul Hopkins, the firm allegedly arranged bribes totalling US$26,000 for officials in Rwanda, Burundi and Comoros Islands. BAT insisted it conducted its business with honesty, integrity and transparency.

Even though BAT and those featured in the program issued denials about the allegations, in 2015 the Serious Fraud Office (SFO) began investigating, leading to a formal criminal investigation into BAT and associated persons in 2017.

In January 2021 the SFO concluded: “Following extensive investigation and a comprehensive review of the available evidence, the SFO has concluded its investigation into British American Tobacco, its subsidiaries and associated persons. The evidence in this case did not meet the evidential test for prosecution as defined in the Code for Crown Prosecutors.”

The SFO added that it would “continue to offer assistance to the ongoing investigations of other law enforcement partners. We thank our international law enforcement partners, and in particular the Kenyan Ethics and Anti-Corruption Commission (EACC), for their assistance in the SFO’s investigation.”69

Document analysis

In 2021, new research was published adding to the understanding of BAT’s operations in Africa. Panorama followed up on its 2015 programme, which mainly focussed on East and Central Africa, with a new investigation into operations in Southern Africa. 70 Alongside this STOP published its own reports.

The Tobacco Control Research Group at the University of Bath also did a deeper analysis of the Hopkins documents and a second set of documents disclosed from a court case in Uganda involving former BAT employee Solomon Muyita. Both Hopkins and Muyita had invoked BAT’s whistleblower policy.7172 73

BAT payments

This analysis looked at 236 payments totalling US$601,502 made between July 2008 and May 2013 to dozens of people including politicians, civil servants, journalists, farmers and staff at competitor companies.

BAT made payments impacting 10 countries Burundi, Comoros, Democratic Republic of Congo (DRC), Kenya, Malawi, Rwanda, Sudan, Tanzania, Uganda and Zambia.

Payments took multiple forms including hand-delivered cash, bank wire transfers, spending money, cars, campaign donations, per diems, and plane tickets.

According to the research, the payments were used for two broad purposes. To obtain information and influence policy and to gather information and undermine competitors. The authors conclude:

“The available evidence suggests BAT’s use of payments in Africa was extensive, systematised, and supported at a high level within parts of the company. Payments were used to buy political and competitive advantage.”74

According to the analysis of the documents sets, the information suggests payments were a routine part of BAT’s business practices in Africa, with senior staff aware of the practice. Third party companies, referred to as “service providers”, were contracted to undertake consultancy services for BAT to make the payments.

BAT’s official policy on corruption as stated on its website is: “Corruption causes distortion in markets and harms economic, social and political development, particularly in developing countries. Our Standards of Business Conduct make clear that it is wholly unacceptable for our companies and employees to be involved or implicated in any way in corrupt practice.”75

Influencing policy

As the original research in 2015 revealed, BAT had been aiming to influence policy changes in several countries. The analysis of these two document sets confirmed and expanded this area of concern.

Attempts were made to frustrate the passing of legislation based on the Framework Convention on Tobacco Control in Burundi, Comoros, Rwanda and Uganda. Civil servants and politicians in particular were targeted through the payments. As a result tobacco control legislation in three of the countries is still not compliant with the FCTC while Uganda had a bitter four-year battle to pass its Tobacco Control Act.

The payments were also used to undermine efforts to control tobacco smuggling. In Kenya, BAT campaigned to have its own system in place for tracking tobacco products rather than an independent one as mandated by the Illicit Trade Protocol.74

Sabotaging competitors

BAT has a very strong market position in Africa and looks to maintain and expand that position. As such payments appear linked to gaining information on competitors – these include Mastermind Tobacco Kenya, Continental Tobacco Uganda and Leaf Tobacco & Commodities Uganda. It also targeted international rival Japan Tobacco International (JTI) which was operating in Zambia, Tanzania, Uganda, Rwanda and the Democratic Republic Congo.

Tactics used included funding a fake trade union to foment labour unrest, pay for sources inside companies and take advantage of complaints to regulators.

Other examples of payments

The evidence that BAT used payments to influence policy and damage competitors between over a number of years is not the first time that a tobacco company has been accused of such activity.

Evidence from Australia suggests that the tobacco industry may have used bribery in the 1970s to help bring down a minority Tasmanian government attempting to impose a tobacco tax, although the police inquiry cleared the politician in question.76 A 2000 court case brought by the European Union and its member states accused tobacco companies of bribing public officials as part of its global scheme to smuggle cigarettes.7778 Maithripala Sirisena who later became the President of Sri Lanka in 2015, alleged that, when trying to introduce large pictorial health warnings as Health Minister, BAT tried to bribe him, although this was “categorically denied” by the company.79

The findings also align with widespread evidence from South Africa of payments to monitor and undermine competitors.

Tobacco smuggling in Mali

While the two document sets from the whistleblowers provided evidence of wide-ranging payments across many countries, another investigation in 2021 uncovered further concerns.

The Organized Crime and Corruption Reporting Project (OCCRP) had access to internal BAT documents as well as trade data and interviews with participants to document activities in the country.80. It found that BAT took advantage of the precarious military situation and over-supplied the country with cigarettes. In doing so this keeps BAT brands in circulation; but also generates profits for jihadists and militias.

“This is their playground,” Hana Ross, a University of Cape Town economist who researches tobacco, said of the industry. “They know they can get away with stuff. It’s much easier to bribe. It’s much easier to cheat the system,’’ she said. “Governments here are generally weak. This is where they do things that they don’t dare to do in Europe anymore.”80

A spokesperson for BAT said: “At BAT, we have established anti-illicit trade teams operating at global and local levels. We also have robust policies and procedures in place to fight this issue and fully support regulators, governments and international organizations in seeking to eliminate all forms of illicit trade.”

Further reading

BAT Uncovered

British American Tobacco in South Africa: Any Means Necessary

Buying Influence and Advantage in Africa: An Analysis of British American Tobacco’s Questionable Payments

Tobacco Tactics Resources

The BAT Files

British American Tobacco: Dirty Deeds in Africa

References

  1. abcdefghiR. Alebshehy, K. Silver, P. Chamberlain, A “willingness to be orchestrated”: Why are UK diplomats working with tobacco companies?, Frontiers in Public Health, 17 March 2023,
    Sec. Public Health Policy, Volume 11 – 2023, doi: 10.3389/fpubh.2023.977713
  2. World Bank, The World By Income and Region, website, accessed February 2023
  3. A. B. Gilmore, G. Fooks, J. Drope et al, Exposing and addressing tobacco industry conduct in low-income and middle-income countries, Lancet, 2015, Mar 14;385(9972):1029-43. doi: 10.1016/S0140-6736(15)60312-9
  4. A. Gilmore, Big tobacco targets the young in poor countries – with deadly consequences, The Guardian, December 2015, accessed May 2023
  5. Action of Smoking and Health, Tobacco and the Developing World, ASH factsheet, 2019
  6. S. Ulucanlar, G.J. Fooks, A.B. Gilmore, The Policy Dystopia Model: An Interpretive Analysis of Tobacco Industry Political Activity, PLoS Medicine, 2016, 13(9): e1002125, doi:10.1371/journal.pmed.1002125
  7. B.K. Matthes, K. Lauber, M. Zatoński, et al, Developing more detailed taxonomies of tobacco industry political activity in low-income and middle-income countries: qualitative evidence from eight countries, BMJ Global Health, 2021;6:e004096, doi: 10.1136/bmjgh-2020-004096
  8. abcdWorld Health Organization, Guidelines for implementation of Article 5.3 of the WHO Framework Convention on Tobacco Control, 2008
  9. World Health Organization, FCTC/COP6(14) Protection of public health policies with respect to tobacco control from commercial and other vested interests of the tobacco industry, 18 October 2014
  10. World Health Organization, FCTC/COP6(19) Trade and investment issues, including international agreements, and legal challenges in relation to implementation of the WHO FCTC, 18 October 2014
  11. United Nations, Chapter IX Health, 4. WHO Framework Convention on Tobacco Control, treaty record and status
  12. abcK. Stacey, K. Shubber, UK accused over cigarette lobbying abroad. Financial Times, 7 April 2015
  13. abcdDepartment of Health, United Kingdom’s revised guidelines for overseas posts on support to the tobacco industry, December 2013, accessed February 2023
  14. abcDepartment of International Trade, Freedom of Information Act 2000 Request Ref: 1042-17, 29 December 2017
  15. J. Doward, British diplomat lobbied on behalf of big tobacco, The Guardian, 10 September 2017, accessed June 2018
  16. abcForeign & Commonwealth Office, Freedom of Information Act 2000 Request Ref: 1045-17, 8 January 2018
  17. BAT team asks govt to withdraw decision, The Nation, 20 March 2015, accessed June 2015
  18. J. Owen, Health Experts Demand Foreign Office Apology After They Attend Meeting Lobbying for Tobacco Company with Pakistani Ministers, The Independent, 9 April 2015, accessed April 2022
  19. Pakistan: British High Commissioner Lobbies for Tobacco Industry, Worldwide News and Comments, Tobacco Control, 2015;24:213-216
  20. STOP/Vital Strategies, Crooked Nine: Nine Ways the Tobacco Industry Undermines Health Policy,  New York, September 2019. Available from exposetobacco.org
  21. abJ. Doward, UK accused of hypocrisy on overseas tobacco control, The Guardian, 27 January 2018, accessed June 2018
  22. abForeign & Commonwealth Office, FOI release: contact with tobacco manufacturers in Venezuela, June 2018, accessed July 2018
  23. Foreign & Commonwealth Office, Freedom of Information Act 2000- Request Ref: 1047-17, 1 December 2017
  24. Foreign & Commonwealth Office, FOI release:contact with tobacco manufacturers in Cuba, 18 May 2018, accessed June 2018
  25. Foreign & Commonwealth Office, FOI release: contact with tobacco manufacturers in Rwanda and Burundi, 15 May 2018, accessed June 2018
  26. Action on Smoking and Health, How British diplomats have defended BAT’s overseas activities, ASH website, 26 April 2018, accessed June 2018
  27. Kamaran, The opening of Kamaran factory in Jordan [in Arabic] 9 December 2019, accessed June 2022
  28. Yemen-TV, Follow-ups – The opening of the Kamaran factory in Jordan 12-12-2019, accessed December 20198182Tobacco Control Research Group, Are diplomats promoting tobacco over public health? Press release, 20 March 2023, accessed March 2023
  29. abM. Safi, UK ambassador to Yemen took part in opening of Jordanian cigarette factory, The Guardian, 19 March 2023, accessed March 2023
  30. Foreign, Commonwealth & Development Office, Freedom of Information Act 2000 – request ref: FOI2021/01726, 23 February 2021
  31. abJ. Glenza, How diplomatic missions became entangled with the tobacco industry, The Guardian, 24 January 2019, accessed April 2022
  32. Hansard, Parliament debate, UK Parliament website, Hansard column 334, 18 May 1999, accessed June 2018
  33. House of Commons, Diplomatic Service: Tobacco: Written question 105761, UK Parliament website, 6 October 2017, accessed June 2018
  34. D. Arnott, Britain’s shame in Panama: Trade interests allowed to trump health, FCA_Daily_Bulletin_Issue_111, 29 March 2012, accessed January 2021
  35. House of Lords, Tobacco: Written question HL5324, UK Parliament website, 1 February 2018, accessed June 2018
  36. House of Commons, Diplomatic Service: Tobacco: Written question 105761, UK Parliament website, 6 October 2017, accessed June 2018
  37. House of Commons, Tobacco: Written question 127795, UK Parliament website, 8 February 2018, accessed June 2018
  38. I. Noki, Ambassador of Japan, Re: Japan International’s (JTI) Landmark Investment in Bangladesh and Repeated Challenges Posed Due to Policy Shifts and Anti-Competitive Activities, Letter from Ito Noki to Finance Minister Mustafa Kamal, 19 January 2021
  39. Japan Tobacco Seals $510m Monopoly Shares Deal, Addis Fortune, 19 July 2016, archived July 2016, accessed October 2022
  40. Embassy of Japan in Tanzania, Ambassador visiting Tanzania Cigarette Company, Facebook post, 6 November 2015, accessed October 2022
  41. Embassy of Japan in the Republic of Zambia, Press Tour on Japan’s Development Assistance in Zambia, press release, 29 March 2017, archived July 2017, accessed October 2022
  42. M. Nakamoto, Japan to raise up to $10bn from tobacco share sale, Financial Times, 25 February 2013, accessed May 2023
  43. Lebanese Tobacco and Tobacco Inventory Administration (Reggie), The visit of the German ambassador to the Regie, website, 18 May 2022, archived 24 May 2022, accessed June 2022
  44. Think tank database, The Guardian, 23 January 2019, accessed March 2023
  45. abE. Bluulle, D. Buhler, Diplomatie im Dienst des Weltkonzerns, Republik, 31 July 2019, accessed August 2019
  46. R. Etwareea, La diplomatie Suisse, entremetteur pour Philip Morris (Paywall), Le Temps, 9 August 2019, accessed August 2019
  47. Philip Morris Row: Swiss diplomats placed request for tobacco firm in Moldova, Swissinfo.ch, 11 August 2019, accessed August 2019
  48. F. Nedzelschi, Lobby sau ba? În pragul votării unei legi care ar scumpi și ar restricționa produsele IQOS apar articole și petiții care o condamnă. Explicațiile companiei, Agora, 02 July 2019, accessed August 2019
  49. Ministry rebuked for taking tobacco money, Swissinfo.ch, 22 July 2019, accessed August 2019
  50. Opening of Swiss embassy in Moscow sponsored by Russian oligarch, Swissinfo.ch, 20 July 2019, accessed August 2019
  51. abcSouth East Asia Tobacco Control Alliance (SEATCA), Vietnam: Philip Morris used US-ABC & US Embassy to access top Vietnamese officials, website, 17 March 2017, accessed June 2022
  52. U.S. Government, Doggett Amendement, 17 January 2014, available from tobaccocontrollaws.org
  53. U.S. Government, Executive Order 13193: Federal Leadership on Global Tobacco Control and Prevention, 18 January 2001, available from govinfo.gov
  54. U.S. Government, Guidance for U.S. Diplomatic and Consular Posts on Trade and Commercial Issues, 2009, available from tobaccocontrollaws.org
  55. US-ASEAN Business Council, Customs and Trade Facilitation, website, undated, archived April 2017, accessed June 2020
  56. World Health Organisation, WHO statement urging governments to ban tobacco advertising, promotion and sponsorship at international expositions, WHO press release, 15 August 2019, accessed March 2021
  57. R.R. Jackson, A. Rowell, A.B. Gilmore, “Unlawful Bribes?”: A documentary analysis showing British American Tobacco’s use of payments to secure policy and competitive advantage in Africa, 13 September 2021, UCSF: Center for Tobacco Control Research and Education. Available from https://escholarship.org/uc/item/4qs8m106
  58. BAT, BAT emphatically rejects mischaracterisation of anti-illicit trade activities, BAT web site, 13 September 2021, accessed September 2021
  59. Dirty Secrets of the Cigarette Business, BBC Panorama, 13 September 2021
  60. Chapman, V. Hollingsworth, A. Aviram and M. Rees, Smoke Screen: BAT’s agents brokered bribe proposal, The Bureau of Investigative Journalism, 13 September 2021, accessed September 2021
  61. Serious Fraud Office, SFO closes British American Tobacco (BAT) Plc investigation, 15 January 2021, accessed September 2021
  62. Dirty Secrets of the Cigarette Business, BBC Panorama, 13 September 2021
  63. Hopkins, P., Witness Statement of Paul Hopkins, London Central Employment Tribunal Case no. 2201480/2014 between Mr. Paul Hopkins (Claimant) and British American Tobacco Tobacco (Holdings) Limited (Respondent). 12 January 2015.
  64. Muyita, S., Plaintiff’s Witness Statement: The High Court of Uganda at Kampala Civil Suit no. 318 of 2013, Solomon Muyita (Plaintiff) Vs. British American Tobacco (U) LTD (Defendant). 14 July 2015.
  65. R.R. Jackson, A. Rowell, A.B. Gilmore, “Unlawful Bribes?”: A documentary analysis showing British American Tobacco’s use of payments to secure policy and competitive advantage in Africa, 13 September 2021, UCSF: Center for Tobacco Control Research and Education
  66. abR. Jackson, A. Rowell, A. Gilmore, “Unlawful Bribes?”: A documentary analysis showing British American Tobacco’s use of payments to secure policy and competitive advantage in Africa, UCSF, September 2021
  67. BAT, Standards of Business Conduct, undated, accessed September 2021
  68. Whitson, R. and J. Dunlevie. Federal Group, Labor, tobacco giant under spotlight as review of 1973 bribe allegations welcomed, 9 May 2017  
  69. Joossens, L., et al., Assessment of the European Union’s illicit trade agreements with the four major Transnational Tobacco Companies. Tobacco Control, 2016. 25(3): p. 254-260.
  70. Action on Smoking and Health. Racketeering legal action (RICO) against tobacco companies for smuggling, 11 April 2002
  71. Perera, M. and Tobacco Control Research Group. British American Tobacco undermines tobacco control in Sri Lanka, April 28 2017
  72. abA. Down, G. Sawadogo and T. Stocks, British American Tobacco Fights Dirty in West Africa, Organized Crime and Reporting Project, 26 February 2021

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UK Diplomats Lobbying for Tobacco: Burundi https://tobaccotactics.org/article/uk-diplomats-lobbying-for-tobacco-burundi/ Wed, 05 Feb 2020 12:34:07 +0000 There are strict UK government guidelines governing the engagement of British officials working overseas with tobacco companies,, designed to limit contact and support compliance with the World Health Organization Framework Convention on Tobacco Control (FCTC). A Freedom Of Information (FOI) request submitted by British charity Action on Smoking and Health (ASH) revealed repeated contact from […]

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There are strict UK government guidelines governing the engagement of British officials working overseas with tobacco companies,85, designed to limit contact and support compliance with the World Health Organization Framework Convention on Tobacco Control (FCTC).8687

A Freedom Of Information (FOI) request submitted by British charity Action on Smoking and Health (ASH) revealed repeated contact from 2013 to 2017 between Pacific Tobacco International (PTI), a tobacco company based in Zimbabwe, and UK embassy staff and diplomats in Burundi.88

UK Diplomats Assisting Tobacco Company in Burundi

The FOI revealed that senior staff, including the Ambassador at the time (William Gedding), and his predecessor (Ben Llewellyn-Jones), have had repeated contact with PTI in relation to “a long-running compensation claim dating back to 2004 by PTI against the government of Burundi, following PTI being evicted from their premises with some assets seized or damaged”.88 The FOI does not state who represented PTI in discussions with the British officials. From 2014 to 2017 the company’s Global CEO was Nick Hales, a former British American Tobacco executive.89

The repeated contact between British officials and PTI included a formal letter, phone calls and meeting, and served “to update FCO officials on the slow-moving dispute, and as occasionally appropriate, to offer assistance to try and resolve it”.88 The recorded purpose of some of the contact was to “to determine what assistance could be given” or “where UK could and could not help”.88 One meeting in the capital Bujumbura in August 2017, involving the Ambassador and the Senior Advisor of the President of Burundi, was to “to discuss resolution options for the dispute”.88

The apparent justification for UK government involvement with PTI was that the company was “owned by a British national”.88 At the time, the PTI website stated that the company’s Chairman was Adam Molai.90 Molai was the founder of Savannah Tobacco which rebranded as PTI in 2017, presenting itself as a “proudly Zimbabwean” company.91 From the information disclosed, its involvement in Burundi is unclear.

The FCTC and UK guidelines state that “Posts must not…Engage with local foreign governments on behalf of the tobacco industry, except in cases where local policies could be considered protectionist or discriminatory”.858687

Given the lack of detail and context in the FOI it is not at all clear whether this was the case in Burundi.

TobaccoTactics Resources

Since the Framework Convention on Tobacco Control (FCTC) came into force in 2005, there have been several instances of direct lobbying by British diplomats overseas on behalf of British American Tobacco (BAT) and its subsidiaries, with repeated contact between UK government overseas staff and the company. For more information see :

Influencing foreign tobacco legislation via diplomats is a known tobacco industry tactic.

For more background and examples see Diplomats Lobbying for Tobacco Companies

Also see:

TCRG Research

A “willingness to be orchestrated”: Why are UK diplomats working with tobacco companies?, R. Alebshehy, K. Silver, P. Chamberlain, Frontiers in Public Health, 17 March 2023, Sec. Public Health Policy, Volume 11 – 2023, doi: 10.3389/fpubh.2023.977713

For a comprehensive list of all TCRG publications, including TCRG research that evaluates the impact of public health policy, go to the Bath TCRG’s list of publications.

References

  1. abcdefghiR. Alebshehy, K. Silver, P. Chamberlain, A “willingness to be orchestrated”: Why are UK diplomats working with tobacco companies?, Frontiers in Public Health, 17 March 2023,
    Sec. Public Health Policy, Volume 11 – 2023, doi: 10.3389/fpubh.2023.977713
  2. World Bank, The World By Income and Region, website, accessed February 2023
  3. A. B. Gilmore, G. Fooks, J. Drope et al, Exposing and addressing tobacco industry conduct in low-income and middle-income countries, Lancet, 2015, Mar 14;385(9972):1029-43. doi: 10.1016/S0140-6736(15)60312-9
  4. A. Gilmore, Big tobacco targets the young in poor countries – with deadly consequences, The Guardian, December 2015, accessed May 2023
  5. Action of Smoking and Health, Tobacco and the Developing World, ASH factsheet, 2019
  6. S. Ulucanlar, G.J. Fooks, A.B. Gilmore, The Policy Dystopia Model: An Interpretive Analysis of Tobacco Industry Political Activity, PLoS Medicine, 2016, 13(9): e1002125, doi:10.1371/journal.pmed.1002125
  7. B.K. Matthes, K. Lauber, M. Zatoński, et al, Developing more detailed taxonomies of tobacco industry political activity in low-income and middle-income countries: qualitative evidence from eight countries, BMJ Global Health, 2021;6:e004096, doi: 10.1136/bmjgh-2020-004096
  8. abcdWorld Health Organization, Guidelines for implementation of Article 5.3 of the WHO Framework Convention on Tobacco Control, 2008
  9. World Health Organization, FCTC/COP6(14) Protection of public health policies with respect to tobacco control from commercial and other vested interests of the tobacco industry, 18 October 2014
  10. World Health Organization, FCTC/COP6(19) Trade and investment issues, including international agreements, and legal challenges in relation to implementation of the WHO FCTC, 18 October 2014
  11. United Nations, Chapter IX Health, 4. WHO Framework Convention on Tobacco Control, treaty record and status
  12. abcK. Stacey, K. Shubber, UK accused over cigarette lobbying abroad. Financial Times, 7 April 2015
  13. abcdDepartment of Health, United Kingdom’s revised guidelines for overseas posts on support to the tobacco industry, December 2013, accessed February 2023
  14. abcDepartment of International Trade, Freedom of Information Act 2000 Request Ref: 1042-17, 29 December 2017
  15. J. Doward, British diplomat lobbied on behalf of big tobacco, The Guardian, 10 September 2017, accessed June 2018
  16. abcForeign & Commonwealth Office, Freedom of Information Act 2000 Request Ref: 1045-17, 8 January 2018
  17. BAT team asks govt to withdraw decision, The Nation, 20 March 2015, accessed June 2015
  18. J. Owen, Health Experts Demand Foreign Office Apology After They Attend Meeting Lobbying for Tobacco Company with Pakistani Ministers, The Independent, 9 April 2015, accessed April 2022
  19. Pakistan: British High Commissioner Lobbies for Tobacco Industry, Worldwide News and Comments, Tobacco Control, 2015;24:213-216
  20. STOP/Vital Strategies, Crooked Nine: Nine Ways the Tobacco Industry Undermines Health Policy,  New York, September 2019. Available from exposetobacco.org
  21. abJ. Doward, UK accused of hypocrisy on overseas tobacco control, The Guardian, 27 January 2018, accessed June 2018
  22. abForeign & Commonwealth Office, FOI release: contact with tobacco manufacturers in Venezuela, June 2018, accessed July 2018
  23. Foreign & Commonwealth Office, Freedom of Information Act 2000- Request Ref: 1047-17, 1 December 2017
  24. Foreign & Commonwealth Office, FOI release:contact with tobacco manufacturers in Cuba, 18 May 2018, accessed June 2018
  25. Foreign & Commonwealth Office, FOI release: contact with tobacco manufacturers in Rwanda and Burundi, 15 May 2018, accessed June 2018
  26. Action on Smoking and Health, How British diplomats have defended BAT’s overseas activities, ASH website, 26 April 2018, accessed June 2018
  27. Kamaran, The opening of Kamaran factory in Jordan [in Arabic] 9 December 2019, accessed June 2022
  28. Yemen-TV, Follow-ups – The opening of the Kamaran factory in Jordan 12-12-2019, accessed December 20199293Tobacco Control Research Group, Are diplomats promoting tobacco over public health? Press release, 20 March 2023, accessed March 2023
  29. abM. Safi, UK ambassador to Yemen took part in opening of Jordanian cigarette factory, The Guardian, 19 March 2023, accessed March 2023
  30. Foreign, Commonwealth & Development Office, Freedom of Information Act 2000 – request ref: FOI2021/01726, 23 February 2021
  31. abJ. Glenza, How diplomatic missions became entangled with the tobacco industry, The Guardian, 24 January 2019, accessed April 2022
  32. Hansard, Parliament debate, UK Parliament website, Hansard column 334, 18 May 1999, accessed June 2018
  33. House of Commons, Diplomatic Service: Tobacco: Written question 105761, UK Parliament website, 6 October 2017, accessed June 2018
  34. D. Arnott, Britain’s shame in Panama: Trade interests allowed to trump health, FCA_Daily_Bulletin_Issue_111, 29 March 2012, accessed January 2021
  35. House of Lords, Tobacco: Written question HL5324, UK Parliament website, 1 February 2018, accessed June 2018
  36. House of Commons, Diplomatic Service: Tobacco: Written question 105761, UK Parliament website, 6 October 2017, accessed June 2018
  37. House of Commons, Tobacco: Written question 127795, UK Parliament website, 8 February 2018, accessed June 2018
  38. I. Noki, Ambassador of Japan, Re: Japan International’s (JTI) Landmark Investment in Bangladesh and Repeated Challenges Posed Due to Policy Shifts and Anti-Competitive Activities, Letter from Ito Noki to Finance Minister Mustafa Kamal, 19 January 2021
  39. Japan Tobacco Seals $510m Monopoly Shares Deal, Addis Fortune, 19 July 2016, archived July 2016, accessed October 2022
  40. Embassy of Japan in Tanzania, Ambassador visiting Tanzania Cigarette Company, Facebook post, 6 November 2015, accessed October 2022
  41. Embassy of Japan in the Republic of Zambia, Press Tour on Japan’s Development Assistance in Zambia, press release, 29 March 2017, archived July 2017, accessed October 2022
  42. M. Nakamoto, Japan to raise up to $10bn from tobacco share sale, Financial Times, 25 February 2013, accessed May 2023
  43. Lebanese Tobacco and Tobacco Inventory Administration (Reggie), The visit of the German ambassador to the Regie, website, 18 May 2022, archived 24 May 2022, accessed June 2022
  44. Think tank database, The Guardian, 23 January 2019, accessed March 2023
  45. abE. Bluulle, D. Buhler, Diplomatie im Dienst des Weltkonzerns, Republik, 31 July 2019, accessed August 2019
  46. R. Etwareea, La diplomatie Suisse, entremetteur pour Philip Morris (Paywall), Le Temps, 9 August 2019, accessed August 2019
  47. Philip Morris Row: Swiss diplomats placed request for tobacco firm in Moldova, Swissinfo.ch, 11 August 2019, accessed August 2019
  48. F. Nedzelschi, Lobby sau ba? În pragul votării unei legi care ar scumpi și ar restricționa produsele IQOS apar articole și petiții care o condamnă. Explicațiile companiei, Agora, 02 July 2019, accessed August 2019
  49. Ministry rebuked for taking tobacco money, Swissinfo.ch, 22 July 2019, accessed August 2019
  50. Opening of Swiss embassy in Moscow sponsored by Russian oligarch, Swissinfo.ch, 20 July 2019, accessed August 2019
  51. abcSouth East Asia Tobacco Control Alliance (SEATCA), Vietnam: Philip Morris used US-ABC & US Embassy to access top Vietnamese officials, website, 17 March 2017, accessed June 2022
  52. U.S. Government, Doggett Amendement, 17 January 2014, available from tobaccocontrollaws.org
  53. U.S. Government, Executive Order 13193: Federal Leadership on Global Tobacco Control and Prevention, 18 January 2001, available from govinfo.gov
  54. U.S. Government, Guidance for U.S. Diplomatic and Consular Posts on Trade and Commercial Issues, 2009, available from tobaccocontrollaws.org
  55. US-ASEAN Business Council, Customs and Trade Facilitation, website, undated, archived April 2017, accessed June 2020
  56. World Health Organisation, WHO statement urging governments to ban tobacco advertising, promotion and sponsorship at international expositions, WHO press release, 15 August 2019, accessed March 2021
  57. R.R. Jackson, A. Rowell, A.B. Gilmore, “Unlawful Bribes?”: A documentary analysis showing British American Tobacco’s use of payments to secure policy and competitive advantage in Africa, 13 September 2021, UCSF: Center for Tobacco Control Research and Education. Available from https://escholarship.org/uc/item/4qs8m106
  58. BAT, BAT emphatically rejects mischaracterisation of anti-illicit trade activities, BAT web site, 13 September 2021, accessed September 2021
  59. Dirty Secrets of the Cigarette Business, BBC Panorama, 13 September 2021
  60. Chapman, V. Hollingsworth, A. Aviram and M. Rees, Smoke Screen: BAT’s agents brokered bribe proposal, The Bureau of Investigative Journalism, 13 September 2021, accessed September 2021
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Burundi- Country Profile https://tobaccotactics.org/article/burundi-country-profile/ Fri, 31 Jan 2020 09:29:51 +0000 Burundi is an East African country with a population over eleven million It is one of the poorest countries in the world. Smoking in Burundi Data reported to the World Health Organization (WHO), as part of the reporting on the WHO Framework Convention on Tobacco Control (FCTC) suggests that current smoking prevalence in Burundi amongst […]

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Burundi is an East African country with a population over eleven million 96 It is one of the poorest countries in the world. 97

Smoking in Burundi

Data reported to the World Health Organization (WHO), as part of the reporting on the WHO Framework Convention on Tobacco Control (FCTC) suggests that current smoking prevalence in Burundi amongst men is 11% and women is 6%. 98. The Tobacco Atlas estimates that more than 3000 children (under 15 years) use tobacco each day in Burundi.99 In 2020,  approximately 2700 people died from tobacco-related causes.99

Tobacco in Burundi

Although there are multiple tobacco companies operating in Burundi, British American Tobacco (BAT) maintains a strong presence within the country.100

Roadmap to Tobacco Control

In an effort to curb the escalating tobacco epidemic in the country, the government of Burundi ratified the WHO’s Framework Convention on Tobacco Control (FCTC) on the 22nd November 2005.101 On the 20th February 2006 Burundi became a party to the convention101 and in so doing acknowledged the importance of tobacco control to safeguarding public health.102

Despite having ratified the FCTC in 2005, it took six years for the first tobacco control law to be passed in parliament. On 10 October 2011, a new public health law, the “Decree No. 630/3007/CAB/2011 on Health Warnings and Prohibiting the Sale of Cigarettes to Minors and in Certain Public Places” was enforced.103 The law, the first of its kind to legislate tobacco control measures in Burundi, was the primary tobacco control legislation in the country until 2018. Provisions within the law covered the following but fell short of the FCTC requirements:

  • Health warnings on tobacco packaging;
  • Limiting the sale of cigarettes to minors;
  • Limiting the sale of cigarettes in certain public places (schools, hospitals, and stadiums);
  • imposing high tax rates on tobacco products.103104

Law on the Code of the Supply of Health Care and Services (May 2018)

Law No. 1/012 of 2018 on the Code of the Supply of Health Care and Services introduced new tobacco control regulations in 2018, as a step forward into further implementation of the Framework Convention on Tobacco Control. The following regulations were adopted in this new comprehensive legislation:

  • Smoke free environments: Smoking is banned in all indoor public places, all indoor workplaces, and on public transport. In addition, the law prohibits smoking in outdoor places where others are exposed to tobacco smoke. 105
  • Tobacco advertising and promotion has been banned across the country 105
  • Tobacco industry sponsorship has been partially banned, given that article 118 of the No. 1/012 Law banned sponsorship if it has the purpose or effect of promotion directly or indirectly tobacco products. Hence, it leaves a grey area around sponsorship where the tobacco industry may act. 105
  • Tobacco Packaging and Labelling: health warnings are mandatory for at least 50% of the front and back of the packs. 105

The No. 1/012 Law of 2018 has represented an enormous step forward for Burundi in the road to tobacco control. However, it is worth noting that is a common tactic of the tobacco industry to use its influence and leverage its political relationships to support the passage of weak tobacco control legislation. It often is because once some form of legislation is enacted, there is often less political will to develop further, stronger tobacco control legislation.106

Extensive research published in 2021 by the Tobacco Control Research Group at the University of Bath, a partner in STOP, and in conjunction with BBC’s Panorama, The Bureau of Investigative Journalism and the Organized Crime and Corruption Reporting Project uncovered multiple instances of British American Tobacco seeking to frustrate tobacco control measures in Africa.

Tobacco Tactics Resources

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