SOUTHEAST ASIA TOBACCO CONTROL ALLIANCE

TOBACCO INDUSTRY INTERFERENCE INDEX Implementation of Article 5.3 of the WHO Framework Convention on Tobacco Control in Asian Countries, 2020 Author Published by Jennie Lyn Reyes Southeast Asia Tobacco Control Alliance (SEATCA), 4D Thakolsuk Place, 115 Thoddamri Road, Dusit, Editorial team Bangkok 10300 Thailand. Telefax: +66 2 668 3650 Southeast Asia Tobacco Control Alliance (SEATCA) Disclaimer Acknowledgement The information, findings, interpretations, and conclusions expressed herein are those of the This regional index has been made possible with author(s) and do not necessarily reflect the views of the invaluable input from our country partners in compiling funding organization, its staff, or its Board of Directors. the information and evidence. We say a big thank you to: While reasonable efforts have been made to ensure the » Bangladesh: PROGGA (Knowledge for Progress) accuracy of information presented in this report at the time of publication, SEATCA does not warrant that the » Brunei: Ministry of Health information in this document is complete and correct » Cambodia: Cambodia Movement for Health and shall not be liable for any damages incurred as a result of its use. Any factual errors or omissions » China: Consultant are unintentional. For any corrections, please contact » India: Institute of Public Health, Bangalore SEATCA via email: [email protected] » Indonesia: Dr. Widyastuti Soerojo, Mouhamad © Southeast Asia Tobacco Control Alliance 2020 Bigwanto and Dwidjo Susilo This document is the intellectual property of SEATCA » Japan: Japan Society for Tobacco Control and its authors. SEATCA retains copyright on all text » Korea (Republic of): National Cancer Center and graphic images in this document, unless indicated » Lao PDR: Dr. Maniphanh Vongphosy, Consultant otherwise. This copyright is protected by domestic and copyright laws and international treaty provisions. The » Malaysia: Malaysian Women’s Action for Tobacco information in this document is made available for non- Control and Health (MyWATCH) commercial use only. You may store the contents on » Maldives: NCD Alliance your own computer or print copies of the information for your own non-commercial use. You are prohibited » Myanmar: People’s Health Foundation from modifying or re-using the text and graphics in » Nepal: Health Rights & Tobacco Control Network this document, distributing the text and graphics in this document to others, or “mirroring” the information » Pakistan: Society for Alternative Media and Research in this document in other media without the written » Philippines: HealthJustice Philippines permission of SEATCA. All other rights reserved. For more information, visit: www.seatca.org » Sri Lanka: Alcohol & Drug Information Centre » Thailand: Action on Smoking & Health Foundation About SEATCA (www.seatca.org) » Vietnam: HealthBridge Foundation SEATCA is a multi-sectoral non-governmental alliance We also express our gratitude to The Bill and Melinda promoting health and saving lives by supporting ASEAN Gates Foundation (BMGF) and Thai Health Promotion countries to accelerate and effectively implement the Foundation (ThaiHealth) for funding this report. evidence-based tobacco control measures contained in the WHO Framework Convention on Tobacco Control. Acknowledged by governments, academic institutions, Suggested citation and civil society for its advancement of tobacco control J. L. Reyes. SEATCA Tobacco Industry Interference in Southeast Asia, the WHO bestowed upon SEATCA Index: Implementation of Article 5.3 of the WHO the World No Tobacco Day Award in 2004 and the WHO Framework Convention on Tobacco Control in Asian Director-General’s Special Recognition Award in 2014. Countries, 2020. November 2020. Southeast Asia SEATCA is an official NGO Observer to the WHO FCTC Tobacco Control Alliance (SEATCA). Bangkok, Thailand. Conference of Parties and a co-initiator of the Global Center for Good Governance in Tobacco Control (GGTC). Cover Design and Layout Sophie Everett Design - sophieeverett.com.au CONTENTS

02 04 05 Introduction Summary Tobacco Industry of Findings Interference in Asia

05 Participation in Policy Development 07 CSR Activities 08 Benefits 11 Unnecessary Interactions 14 Transparency 15 Conflict of Interest 17 Preventive Measures

20 24 Conclusions and References Recommendations INTRODUCTION

The products of the tobacco industry contribute to the deaths of over eight million people annually, with the majority in low- and middle-income countries.1 Asia is a hotbed of this pandemic. China, Indonesia, Japan, Bangladesh, India, Philippines, Vietnam, and Korea,i rank among the top 15 countries with the largest smoking populations.2

In the last decade, the global tobacco industry has been This 2nd Asian Tobacco Industry Interference Index dominated by five transnational tobacco companies report gauges the level of implementation of Article 5.3 (TTCs), all with a presence in Asia: China National and its guidelines in Bangladesh, Brunei, Cambodia, Tobacco Corporation (CNTC), Philip Morris International China, India, Indonesia, Japan, Korea, Lao PDR, Malaysia, (PMI), British American Tobacco (BAT), Japan Tobacco Maldives, Myanmar, Nepal, Pakistan, Philippines, Sri Inc. (JTI), and Imperial Tobacco Group (ITG).3 With the Lanka, Thailand, and Vietnam. Civil society partners exception of CNTC, all these TTCs have ventured into conducted the initial country survey and prepared e-cigarettesii and heated tobacco products (HTPs) and a national report using a standard questionnaire are assessing many countries in Asia as fast-growing and scoring method.iii Countries are ranked against markets for expansion.4 indicators based on publicly available evidence from January to December 2019. As the report uses only The global report on the implementation of the World publicly available data there are limitations for a Health Organization (WHO) Framework Convention on complete analysis. Tobacco Control (FCTC) identifies tobacco industry interference, combined with the rise of new tobacco products, as a major barrier to the treaty’s global progress.5 Article 5.3 of the FCTC is a general obligation and requires Parties to take measures to protect public health policies from tobacco industry interference. The Tobacco companies claim FCTC guidelines also stipulate specific government safeguards from the commercial and other vested to have transformed and are interests of the tobacco industry. Hence, Article 5.3 and its guidelines are at the very core of implementing the moving towards a smoke-free WHO FCTC.6 world. In reality they have not Nearly all countries in Asia are Parties to the WHO FCTC, changed, and they remain the but as with the 182 Parties that have ratified the treaty, implementation of Article 5.3 and its guidelines still problem – not the solution – to moves at a glacial pace. This exposes governments, and the tobacco epidemic. Countries particularly their non-health sectors, to be vulnerable to tobacco industry interference.7 should be alert to ever-evolving tobacco industry tactics, step up efforts to implement WHO i Refers to South Korea or officially Republic of Korea in this report. FCTC Article 5.3, and gear up ii Electronic cigarettes or e-cigarettes are the most common types of electronic nicotine delivery systems (ENDS) that also for emerging challenges.” include e-cigars, e-pipes, and e-shisha, that heat a nicotine- Dr. Hai-Rim Shin, Director, Division of Healthy Environments containing e-liquid or e-juice without tobacco. and Populations (DHP), WHO Regional Office for the iii Based on SEATCA’s Tobacco Industry Interference Index Western Pacific used since 2014.

02 SEATCA TOBACCO INDUSTRY INTERFERENCE INDEX 2020 SUMMARY OF FINDINGS

» Japan tops Asia with the highest level of tobacco » The lack of transparently disclosing government industry interference on almost all indicators; interactions with the tobacco industry remains Brunei and Pakistan top countries that are making a substantial problem as almost all countries progress in the region. (except Brunei, Pakistan, and Philippines) do not have a procedure to publicly disclose these » When the tobacco industry is a stakeholder in interactions. None of the countries have a government policy development, the levels of definitive policy to disclose the tobacco industry’s industry participation and influence in tobacco affiliate organizations, individuals or lobbyists control policies are highest in China, Indonesia, acting on its behalf. Japan, and Philippines. Policy interference such as preventing a ban or regulation and / or promoting » Conflicts of interest persist through a patronage lax regulation of ENDS and HTPs, were also system where most countries (except Brunei, documented in Indonesia, Malaysia, Philippines, China, Lao PDR, Maldives, and Vietnam) do not and Vietnam. ban political contributions in general, nor require full disclosure of such contributions including the » Tobacco industry-sponsored CSR activities, such tobacco industry. Revolving doors also remain as funding social and development causes, remain open between incumbents and / or former a platform for the industry to promote itself as a government officials and the tobacco business. “good corporate citizen” and enable access to non- health sectors especially in Bangladesh, Indonesia, » Nine (9) countries have adopted preventive Japan, Korea, Pakistan, and Vietnam. measures specifically to implement Article 5.3 and other best practices to isolate tobacco industry » With the exception of Brunei, the tobacco interference as part of good housekeeping and industry continues to receive benefits from governance; however, a more systematic approach governments such as duty-free allowances and to raise awareness, and increase non-health the facilitation of trade agreements on tobacco sectors’ buy-in, as well as stronger monitoring products. The tobacco industry has also delayed and enforcement systems are needed to improve the implementation of broad tobacco control implementation of these measures. measures in China, Japan, and Korea; larger pictorial health warnings in Bangladesh, Maldives, Figure 1 shows the level of tobacco industry and Nepal; and standardized packaging in Sri interference in 18 countries in Asia. Lower scores mean Lanka; and tobacco tax hikes in Bangladesh, India, better implementation of Article 5.3 and its guidelines. Indonesia, Lao PDR, Myanmar, and Thailand. Overall, Brunei, Pakistan, Nepal, Thailand, and Sri Lanka have scores at the lower end of tobacco industry » Unnecessary interactions with the tobacco interference. Bangladesh, Lao PDR, China, Indonesia, industry persisted in many countries with high-level and Japan have the highest scores indicating the government representatives participating in social pervasiveness of the tobacco industry and the need and public events organized by the tobacco industry. to put in place or reinforce existing measures in their In 2019, activities related to illicit trade enforcement implementation of Article 5.3 and its guidelines. remained a specific area where the tobacco industry works side-by-side with many governments, while a number of partnerships between governments and the industry were also forged.

SOUTHEAST ASIA TOBACCO CONTROL ALLIANCE 03 FIGURE 1: TOBACCO INDUSTRY The lower the score, the better the ranking INTERFERENCE IN ASIA

0-9 10-19 20-29 30-39 40-49 50-59 60-69 70-79 80-89 90-100

14 41 43 43 44 48

BRUNEI PAKISTAN NEPAL THAILAND SRI LANKA MALDIVES

49 54 56 56 57 61

CAMBODIA MYANMAR VIETNAM KOR EA PHILIPPINES INDIA

63 68 73 77 82 88

MALAYSIA BANGLADESH LAO PDR CHINA INDONESIA JAPAN

04 SEATCA TOBACCO INDUSTRY INTERFERENCE INDEX 2020 TOBACCO INDUSTRY INTERFERENCE IN ASIA

High levels of tobacco In Malaysia, JTI has a seat in the National Kenaf and Tobacco Board (LKTN), which has jurisdiction on industry participation licensing tobacco retailers, and representation in the in policy development Border Security Agency (AKSEM), which carries out enforcement activities on illicit tobacco trade.12 In the The governments of Brunei, Cambodia, Korea, Philippines, the Philippine Tobacco Institute (PTI) and Maldives, Nepal, Sri Lanka, and Thailand (Figure 2) the National Tobacco Administration (NTA) are also do not accept policy positions or legislative drafts members of the Inter-agency Committee-Tobacco by or in collaboration with the tobacco industry.iv In (IACT), a government committee tasked to implement these countries, the tobacco industry does not have a the Tobacco Regulation Act (R.A. 9211)13 and monitor designated seat in government bodies that formulate compliance of the Graphic Health Warnings Law. policies.

While this is also the case for Lao PDR, Myanmar BOX 1: STATE-OWNED TOBACCO and Bangladesh, it has not prevented the tobacco ENTERPRISES IN ASIA industry from exerting influence and achieving its desired policy outcomes: In 2019, the industry China China National State monopoly proposed and reached a compromise with Lao PDR’s Tobacco Corporation government to approve a minimum price on cigarettes (CNTC) in exchange for continuing unenforced higher specific Japan Japan Tobacco Group 33% state ownership tax rates on cigarettes. The industry also submitted (JTG) unsolicited proposals and counterarguments – Lao PDR Lao Tobacco Limited Joint venture with which governments officially acknowledged and (LTL) Imperial Tobacco Group considered – to prescribe tobacco tax structures and administration reforms in Myanmar, and to discredit Thailand Tobacco Authority Corporatized but and block the passage of the draft National Tobacco of Thailand (TOAT), state-managed formerly Thai Control Policy in Bangladesh.8 Tobacco Monopoly A number of governments regard the tobacco industry (TTM) as a legitimate stakeholder in policy development and Vietnam Vietnam National State monopoly provide legalized permission for the industry’s active Tobacco Corporation (cigarette production) participation, such as in Indonesia.9, 10 A pro-industry (Vinataba) Tobacco Bill is pending in the Indonesian Parliament, which further validates the tobacco industry as “highly strategic to support the national economy, and therefore must be protected by law”.11

iv There are no local tobacco producers or manufacturers in Brunei and Maldives. Maldives’ Tobacco Control Board allows representation from the business community and the National Chamber for Commerce but members undergo a vetting process to determine that there is no conflict of interest.

SOUTHEAST ASIA TOBACCO CONTROL ALLIANCE 05 Due to the nature of state-ownership in the tobacco In 2019, the tobacco industry continued to push business, the industry is regarded as part of the for favorable and/or reversal of existing regulatory government and has dual potentially conflictual roles: measures on ENDS and HTPs in countries where they one as a regulator another as a regulated entity. This are not yet banned. In Indonesia and Philippines, is particularly problematic in China and Japan, where the government differentiated ENDS and HTPs from official government delegations at the top decision- tobacco products qualifying them for lower tax rates making body of the FCTC (the Conference of Parties on the basis of these products “having lower risks [COP]), have consistently included representatives from than conventional cigarettes”.16, 17 In Malaysia, aside the tobacco industry. from successfully blocking a scheduled tobacco tax increase, the industry and its front groups also In Vietnam, while Vinataba is not represented at opposed the vaping ban, which only applies in certain COP-related meetings, it actively interferes in setting states, to become a national policy.18, 19 In Vietnam, national policies such as: proposing the use of following a meeting with PMI, the Ministry of Science the Tobacco Control Fund for smuggling control; and Technology promoted “new generation cigarettes postponing amendments to tobacco excise tax laws; as safer alternatives” in a conference series.20 deferring collection of cigarette tax stamp fees; and non-compulsory use of electronic tax stamps on tobacco products.14, 15

FIGURE 2: TOBACCO INDUSTRY The lower the score, the better the ranking PARTICIPATION IN POLICY DEVELOPMENT

1-2 3-4 5-6 7-8 9-10 11-12 13-14 15-16 17-18 19-20

1 1 2 3 4 4

BRUNEI THAILAND NEPAL KOR EA CAMBODIA MYANMAR

5 6 6 7 8 10

MALDIVES BANGLADESH SRI LANKA INDIA PAKISTAN MALAYSIA

12 12 15 16 18 19

LAO PDR VIETNAM INDONESIA PHILIPPINES CHINA JAPAN

06 SEATCA TOBACCO INDUSTRY INTERFERENCE INDEX 2020 Buying influence Despite certain prohibitions, the tobacco industry continued to circumvent national laws and conducted through CSR activities CSR activities by passing contributions through conduits and high-level government offices. For The tobacco industry utilizes CSR activities as a way example, in the Philippines, the Philip Morris Fortune to promote itself as a “good corporate citizen” by Tobacco Corporation (PMFTC), through its CSR arm engaging in social and development causes. More “Embrace”, and in partnership with the Jaime V. Ongpin often, the tobacco industry selects non-health issues Foundation conducted at least 24 of these so-called such as agriculture, sports, education, environment, CSR activities in 2019.21 The Prime Minister of Pakistan disaster relief, and law enforcement to divert attention received financial support from BAT for infrastructure from the diseases and other harms caused by the projects, and this was defended by the Ministry of products it manufactures and sells. The governments Health (MOH) despite severe criticisms.22 In Thailand, of Brunei, Lao PDR, Maldives, Myanmar, and Thailand the Prime Minister also received funding from TOAT for have banned this practice (Figure 3). disaster relief.23

FIGURE 3: TOBACCO INDUSTRY- The lower the score, the better the ranking RELATED CSR ACTIVITIES

1 2 3 4 5 6 7 8 9 10

0 0 0 1 2 3

BRUNEI LAO PDR MALDIVES SRI LANKA NEPAL CAMBODIA

3 3 4 4 4 4

CHINA MALAYSIA INDIA MYANMAR PHILIPPINES THAILAND

5 5 5 5 5 5

BANGLADESH INDONESIA JAPAN KOR EA PAKISTAN VIETNAM

SOUTHEAST ASIA TOBACCO CONTROL ALLIANCE 07 Other governments are more open to accepting tobacco Tobacco industry still enjoying industry-sponsored CSR activities especially when government resources are limited. For example: in benefits from governments Bangladesh, BAT donates to the State Ministry of Labour and Employment for labor projects;24 de-mining projects With the exception of Brunei, the tobacco industry in Cambodia are funded by the JTI Foundation;25 and a continues to enjoy benefits from governments in safe drinking water project for Kayin State refugees in one form or another across Asia (Figure 4). Many Myanmar was supported by BAT. governments consider the tobacco industry’s business portfolio important for economic growth and grant the In Vietnam, where sponsorships for poverty alleviation industry preferential treatment. A serious implication and disaster relief projects are allowed, Vinataba of this privilege is the bestowal of political capital to and other domestic and TTCs continue to sponsor the tobacco industry to influence public policies to its programs such as medical missions, women advantage, many of which have a lasting impact not empowerment, labor welfare, and scholarships.26,27 only on finance and trade but, more importantly, on China also has a long history of CSR activities public health. for “public welfare” such as poverty alleviation, environment, education, and disaster relief, which is Governments giving in to defer or funded and well-documented by the State Tobacco postpone tobacco control measures Monopoly Administration (STMA).28 The tobacco industry continues to enjoy extensions of In Korea, KT&G continued to conduct CSR activities postponed and weakened implementation of tobacco related to youth smoking prevention, support for low- control measures. Despite time-bound obligations under 29, 30 income families, and infrastructure. the FCTC, China’s general and unchanging position As in Indonesia where Djarum continued to sponsor is that the treaty is not obligatory; hence, there is no badminton,31 Japan allowed JT to sponsor volleyball, national-level smoke-free policy (Article 8) and health chess, and golf teams and tournaments and promote warnings on tobacco product packaging (Article 11) the events in the media.32 In addition to supporting remain text-only. Japan is like-minded on the status socio-cultural and research activities, JT has also of the treaty and continues with text-only warnings on established “smoking spaces” in 943 locations tobacco product packaging. And in Korea, there are no nationwide under the guise of social responsibility.33 policies to restrict the display of tobacco products at points-of-sale, sponsorship, and advertising (Article 13). In India, a new amendment to the Company Act makes CSR mandatory for large companies, including the The full enforcement of Article 11-related national laws tobacco industry. This law legitimizes CSR activities have also been delayed in four other countries, namely: in agriculture, health, water and sanitation, women Bangladesh and Maldives (pictorial health warnings empowerment, and poverty alleviation.34, 35 (PHWs)) pending since 2017; Nepal (90% PHWs) since 2015, with active court cases; and Sri Lanka Indonesian laws also encourage and promote CSR (standardized packaging) since 2019. activities,v allowing national and local governments to receive support for initiatives on the environment, Governments that deferred increasing tobacco taxes 39 cultural heritage, and small-and-medium scale in 2019 include Indonesia, Malaysia, and Thailand. enterprises (SME) through Djarum Foundation, In Cambodia, there was another delay in the adoption Sampoerna, and Bentoel Group.36, 37, 38 of the Joint Prakas to implement the Tobacco Control Law’s penalties (fines).

v Article 36 of Government Regulation 109/2012 restricts promotions and media coverage of tobacco industry sponsorships but this is deemed to be weakly enforced.

08 SEATCA TOBACCO INDUSTRY INTERFERENCE INDEX 2020 FIGURE 4: BENEFITS GIVEN The lower the score, the better the ranking TO THE TOBACCO INDUSTRY

1 2 3 4 5 6 7 8 9 10

0 1 2 3 5 5

BRUNEI VIETNAM PAKISTAN SRI LANKA INDIA PHILIPPINES

5 6 6 7 7 8

THAILAND CAMBODIA NEPAL CHINA MYANMAR LAO PDR

8 8 8 8 10 10

MALAYSIA MALDIVES JAPAN KOR EA BANGLADESH INDONESIA

Non-compliant tobacco industry Beneficial tax breaks and goes unpunished trade agreements

Another indirect benefit that the tobacco industry The tobacco industry continued to enjoy tax breaks enjoys is the lack of government action to penalize or exemptions in 2019. In Bangladesh, export duty the industry for its failure to comply with enacted (10%) on unmanufactured tobacco was withdrawn tobacco control measures. For instance, almost 30% of (2018-2019), input tax credit was offered to tobacco cigarette packs sold in Cambodia are still without the companies, and supplementary duty on non-filter bidi PHWs mandated by law.40 In Myanmar, the second and was reduced to accommodate demands from the bidi third sets of PHW images should have appeared on industry.41, 42 Bidis in India also enjoy exemptions on cigarette packs between December 2017 to November cess (or tax on tax) in addition to a goods services 2019; however, no actions have been taken by the tax (GST), while small-scale manufacturers are also government for this non-compliance by industry. exempted from GST.43

SOUTHEAST ASIA TOBACCO CONTROL ALLIANCE 09 In Myanmar, the Union Tax Law of 2019 exempted BOX 2: DUTY-FREE ALLOWANCE IN ASIA cheroots, cigars, and raw tobacco from tax payments if annual production costs do not exceed MMK 20 million 100 cigarettes or 25 cigars or 125 grams India (USD 14,700); while in Thailand, exemptions are also of tobacco applied on native tobacco leaves (up to 1 kilogram) 200 cigarettes or 50 cigars or 225 grams 44 Bangladesh used for non-industrialized purposes. of tobacco

In Lao PDR, the 25-year (2001-2026) Investment 200 cigarettes or 50 cigars or 250 grams Cambodia License Agreement (ILA) between the government and of chopped tobacco Imperial Tobacco Group (ITG), which created the Lao 200 cigarettes or 25 cigars or 100 grams Indonesia Tobacco Limited (LTL) joint venture, provides excise of rolling tobacco tax caps for LTL products and is the key barrier for any 200 cigarettes or 50 cigars or 20 milligrams government tobacco tax-related initiatives. Korea of e-cigarettes or 250 grams of other tobacco products In 2019, the governments of Cambodia and Vietnam extended their bilateral agreement to 2020 granting 200 cigarettes or 50 cigars or 250 grams Lao PDR duty-free exemptions for dried tobacco leaves (up of tobacco to 3,000 tons per year) imported from Cambodia to 200 cigarettes or 225 grams of other Malaysia Vietnam. The governments of Indonesia and Pakistan tobacco products have finalized the review process for renewing a 200 cigarettes or 25 cigars or 250 grams bilateral agreement that provides unilateral concession Maldives of tobacco on major exports from Pakistan, including zero tariffs 45 200 cigarettes or 50 cigars or 500 grams on tobacco. Thailand’s TOAT has also finalized a Pakistan three-year plan that includes forming international of tobacco joint ventures to expand cigarette sales volume in 200 cigarettes or 500 grams of other Thailand international markets, particularly in Vietnam.46 tobacco products 200 cigarettes or 20 cigars or 250 grams Brunei and Sri Lanka do not permit duty-free allowance Vietnam of shredded tobacco of tobacco for international travelers.47 250 cigarettes, 50 cigars, and 20 grams Nepal Opening markets to ENDS and HTPs of tobacco 400 cigarettes or 100 cigars or 250 grams China In Malaysia, there is still confusion over whether or not of smoking tobacco HTPs should be classified as a tobacco product and 400 cigarettes, 100 cigars, 20 packages of subject to Control of Tobacco Products Regulations Japan HTPs, or 50 grams of other kinds of tobacco vi (CTPR). In the absence of government action PMI or a combination sells its IQOS HEETS sticks and BAT its GLO NEO heat 400 cigarettes or 50 cigars or 250 grams sticks without the required PHWs.48 Myanmar of pipe tobacco

Despite smoking bans and restrictions on e-cigarettes, 400 cigarettes or 50 cigars or 250 grams Philippines* the government of Korea also permitted US-based of pipe tobacco company JUUL Labs to enter and establish its local subsidiary in the country. JUUL Korea filed a trademark application with the Korean Intellectual Property Office and is allowed to market e-cigarettes (with nicotine levels up to 2%).49

*Excise taxes are applied on tobacco products sold in tax- or duty-free stores. vi According to Control of Tobacco Product Regulations (CTPR) 2015 amendment on smoke-free regulation, “smoking” means inhaling and expelling the smoke or vapour of any tobacco product and includes the holding of or control over any ignited, heated or vaporized tobacco product. The amendment did not specify whether HTP is subjected to the regulation as cigarettes (as stipulated in CTPR 2004 and other amendments).

10 SEATCA TOBACCO INDUSTRY INTERFERENCE INDEX 2020 Unnecessary interactions High-level meetings and social still take place functions – the ties that bind During the 74th UN General Assembly in New York, the As defined by Article 5.3 guidelines, unnecessary US-ASEAN Business Council (US-ABC) with PMI as a interactions with the tobacco industry occur when Board Member,50 and the US Chamber of Commerce government officials attend social functions sponsored held separate dinner receptions for the Prime Minister by the industry or when the government enters into a of Malaysia51 and Thailand52 together with their partnership with them. All countries, except Brunei, entourage of high-level officials. The US-ABC also recorded such interactions in 2019 (Figure 5). hosted a luncheon to welcome the appointment of the Thai ambassador to the US.53

FIGURE 5: UNNECESSARY INTERACTIONS The lower the score, the better the ranking WITH THE TOBACCO INDUSTRY

1-2 3-4 5-6 7-8 9-10 11-12 13-14 15-16 17-18 19-20

0 2 2 3 3 3

BRUNEI MALDIVES PAKISTAN CAMBODIA MYANMAR NEPAL

3 4 5 5 8 9

SRI LANKA THAILAND KOR EA MALAYSIA BANGLADESH INDIA

10 10 11 12 15 15

JAPAN VIETNAM PHILIPPINES CHINA INDONESIA LAO PDR

SOUTHEAST ASIA TOBACCO CONTROL ALLIANCE 11 The Japanese ambassador to Bangladesh requested Derek Yach, President of the PMI-funded Foundation the Minister of Industry to consider the large amount for a Smoke-free World (FSFW),57 met with several of government revenues generated by JT and urged high-ranking government officials in India including the the Minister to bring "rational" changes in the country's Minister of State, Commerce and Industry, and the Vice excise tax on tobacco based on that consideration.54 Chair (Cabinet Minister status) of National Institution for Transforming India, a government research and In Cambodia, the Minister of Information hosted the policy think tank.58, 59 chair of China Huaxin Group to discuss investments in tobacco farming worth USD two billion,55 while In the Philippines, a group of legislators, including the Malaysia’s Deputy Minister of International Trade and chairs of the Committee on Health and Committee on Industry attended an event by the American Malaysian Trade and Industry in the House of Representatives, Chamber of Commerce (AmCham), which lists PMI as were escorted by PMFTC’s Manager of Fiscal and a member of AmCham and the event’s major sponsor.56 Government Relations60 during a study tour to the UK where they met with parliamentarian David Amess MP, a known supporter of PMI’s “Unsmoke Your World” campaign.61

BOX 3: UNNECESSARY INTERACTIONS AND POLICY INTERFERENCE

Social events and functions

Policy / legislations favorable to TI

Personal relationships and professional influence

12 SEATCA TOBACCO INDUSTRY INTERFERENCE INDEX 2020 Illicit trade – a common denominator Questionable partnerships across many countries with the tobacco industry

Combating illicit trade remains a common enforcement Aside from accepting assistance in combating illicit area where governments accept assistance from the tobacco trade, some governments have existing or new tobacco industry such as in India,62 that has ratified partnerships formed with the tobacco industry. In India, the Protocol to Eliminate Illicit Trade in Tobacco many financial entities such as banks and insurance Products in 2018, Lao PDR,63, 64 Malaysia (through companies - a number of them public / government AKSEM), Myanmar, Philippines,65, 66 and Sri Lanka.67 corporations -- are invested in India Tobacco Company State-owned tobacco enterprises (in China, Japan, (ITC),74 benefiting from the industry’s market growth at and Vietnam) are also mandated by law to provide the expense of public health. assistance to the government in this area. Instead of providing support for economically viable In China, STMA and CNTC conduct raids on smuggled alternatives to tobacco farmers, the Department of and counterfeit cigarettes and supervise no-sales to Agricultural Extension (DAE) continued its partnership minors. To fulfill such duties, STMA collaborates with with BAT Bangladesh perpetuating contract farming other government departments, such as Customs, and a cycle of poverty in rural communities.75 Ministry of Public Security, and Industrial and Commercial Administration. In 2019, a memorandum In Indonesia, the Ministry of Research, Technology, was signed between the Tobacco Monopoly Bureau of and Higher Education signed a memorandum of Ningxia Hui Autonomous Region, the Public Security understanding (MOU) with Sampoerna to “reform the Department, and Yinchuan Customs to establish a education sector”. The MOU stipulates “supporting working mechanism for combating illegal and criminal the government in making decisions on regulating 76 activities in the region.68 IQOS based on research and science,” which enables Sampoerna to advance their agenda for In Japan, JT’s Anti-Illicit Trade team provided 1,129 promoting IQOS. intelligence reports to law enforcement agencies and advised 2,687 law enforcement officers on counterfeit In Japan, the government’s 33% stake in JT includes recognition in 2019.69 In Vietnam, the tobacco industry the Tobacco and Salt Museum, which holds regular also provides funding to support government efforts exhibitions for children and is used as a promotional 77 in controlling smuggling70, 71 and attends public events vehicle for JT. side-by-side with government officials to destroy confiscated contraband tobacco products.72

In Myanmar, the Anti-Illicit Trade Group established by the European Chamber of Commerce (EuroCham), which coordinates consultation meetings with the government, has partnered with Transnational Alliance to Combat Illicit Trade (TRACIT), a recipient of PMI- IMPACT’s funding to conduct anti-smuggling projects.73

SOUTHEAST ASIA TOBACCO CONTROL ALLIANCE 13 Greater transparency and In Vietnam, while government personnel and high- level officials openly interact with the tobacco accountability required industry, the details of these interactions are not accessible to the public. Article 5.3 guidelines call for government transparency in dealing with the tobacco industry, as well as There are domestic laws in all countries that require transparency of the industry itself. Across Asia, the the tobacco industry to register aspects of its business issue of transparency as a whole-of-government operations (such as manufacturing or trading) in order approach remains challenging, even within a number of to operate. Although the bidi and smoke-less tobacco open democracies. Nearly all countries (except Brunei, sectors in India remain largely unregistered. None of Pakistan, and Philippines) do not publicly disclose the countries have a policy that will compel the tobacco government interactions with the tobacco industry industry to publicly disclose all its affiliates, especially (Figure 6). lobbyists, including lawyers and consultants.

FIGURE 6: TRANSPARENCY IN DEALING The lower the score, the better the ranking WITH THE TOBACCO INDUSTRY

1 2 3 4 5 6 7 8 9 10

3 6 6 6 7 7

PHILIPPINES BRUNEI PAKISTAN VIETNAM CAMBODIA THAILAND

8 8 8 8 8 8

BANGLADESH CHINA JAPAN LAO PDR MALAYSIA NEPAL

9 10 10 10 10 10

MYANMAR INDIA INDONESIA KOR EA MALDIVES SRI LANKA

14 SEATCA TOBACCO INDUSTRY INTERFERENCE INDEX 2020 Conflicts of interest through to ban this type of contribution and prevent potential conflicts of interest.vii patronage and revolving door Figure 7 provides the status of conflict of interest One way the tobacco industry gains influence with in each country. In Bangladesh, the President owns governments is by subscribing to a patronage system 386,824 shares (0.64% of total holdings) of BAT – exchanging contributions for candidates, parties, and Bangladesh.78 Similarly, Japan’s Ministry of Finance their election campaigns for political support. In the (MOF) also gets annual dividends of more than JPY 70 Philippines, while the Election Code bans contributions billion (USD 660 million) from JT shares. While this is from corporations, it still allows individuals, including publicly disclosed, it remains a conflict of interest as industry representatives, to give political contributions; the MOF has jurisdiction over the Tobacco Business Thailand’s Organic Act on Political Parties also allows Act, which has provisions on advertising restrictions the tobacco industry to donate within a set monetary and health warnings on tobacco packaging.79 limit. The rest of the countries do not have a policy

FIGURE 7: CONFLICTS OF INTERESTS The lower the score, the better the ranking

1-2 3-4 5-6 7-8 9-10 11-12 13-14 15-16 17-18 19-20

1 5 6 6 7 7

BRUNEI NEPAL MYANMAR VIETNAM KOR EA SRI LANKA

9 9 9 9 10 10

CAMBODIA CHINA MALAYSIA PAKISTAN INDIA MALDIVES

11 11 11 12 13 15

INDONESIA LAO PDR PHILIPPINES THAILAND BANGLADESH JAPAN

vii Brunei and Maldives do not have a domestic tobacco sector; political campaigns do not take place in China, Lao PDR and Vietnam with their unitary/single party government and political systems.

SOUTHEAST ASIA TOBACCO CONTROL ALLIANCE 15 Another way the industry influences public policy A number of government officials from Bangladesh, is through the so-called revolving door, where India, Indonesia, Pakistan, and Philippines joined politicians or civil servants take up jobs as lobbyists or the tobacco industry upon retirement in 2019, while consultants in the area of their former public service government officials, who joined the industry in previous or where former private sector employees accept years, are still connected in the same capacities. government positions that regulate the sector they were once a part of.80 There is growing evidence that The practice of “amakudari” in Japan, where former this is becoming common in many parts of the world, civil servants get comfortable, well-paid jobs in fields undermining trust in governments because of the related to their ministries, allows high-level officials potential for real or perceived conflicts of interests from the government to move to top leadership regarding matters of the state.81 positions in JT.

BOX 4: REVOLVING DOORS IN ASIA

Retired government officials Incumbent government officials who joined the tobacco industry holding positions in the tobacco business Bangladesh Secretary, Ministry of Industries Secretary, Ministry of Industries • Director, BAT Bangladesh82 Additional Secretary • Non-executive Directors, BAT Bangladesh83 Director, Central Bank of Bangladesh • Independent Director, BAT Bangladesh84 Cambodia Senator • President of LYP group (distributor of cigarettes)85 China STMA = CNTC India Several senior government officials • Board Members, Imperial Tobacco Company India86 Indonesia Two senior officials of Ministry of Industry • Indonesian Cigarette Manufacturers’ Association (GAPPRI)87 Japan Several senior government officials Minister of Finance • Top leadership positions in JT • Principal shareholder (37.6%) of JT Officials under Financial Bureau • Represent JT Lao PDR Vice Minister of Industry and Commerce MOF and MOIC officials • Chair of Lao Tobacco Ltd. Board • Members of Tobacco Industry Joint Venture Board of Management Malaysia Secretary General of Ministry of Home Affairs • Chair of BAT Malaysia88 Pakistan Director and Chairman of Audit Committee; Director General Social Sector, Prime Minister’s Secretariat; Ambassador to Mexico (with rank of Lt. General in the Army) • Pakistan Tobacco Company89 Philippines Supreme Court Chief Justice; Central Bank Governor Senator – Family connection (sister) • Board of Trustee, Lucio Tan Group of Companies (owns • Chair of the Philippine Art Awards Foundation Fortune Tobacco Corporation)90 (funded by PMFTC)91 Solicitor General • Legal Counsel of PMFTC Thailand Royal Thai Police General CEO of TOAT is considered a government official. • Tobacco Authority of Thailand Board Vietnam Several senior officials Deputy Director of Department of Light Industry, MOIT • Vinataba • Vinataba Vice Director of Industrial Policy and Strategy Institute, MOIT • Vinataba

16 SEATCA TOBACCO INDUSTRY INTERFERENCE INDEX 2020 Progress in representatives is required. Figure 8 shows there is significant room for improvement for governments to act. preventive measures

The Article 5.3. guidelines provide recommendations Procedure for disclosing records of aimed at protecting against interference not only by interaction with the tobacco industry the tobacco industry but also by entities working on The governments of Brunei, China, India (state-level), its behalf. To do this, governments need information Maldives, Pakistan, Philippines, Sri Lanka, and Thailand about the industry’s activities and practices to have policies for disclosing records of interaction with ensure the industry operates in a transparent and the tobacco industry and its representatives. It should accountable manner. In addition, a code of conduct be noted that despite these policies, many governments for the bureaucracy that prescribes a set of standards do not disclose or make information from these for their interactions with the tobacco industry or its interactions accessible to the public.

FIGURE 8: PREVENTIVE MEASURES The lower the score, the better the ranking

1-3 4-6 7-9 10-12 13-15 16-18 19-21 22-24 25-27 28-30

6 7 9 10 13 14

BRUNEI PHILIPPINES PAKISTAN THAILAND MALDIVES SRI LANKA

16 16 16 17 17 18

VIETNAM INDONESIA INDIA CAMBODIA NEPAL BANGLADESH

18 18 19 20 21 23

CHINA KOR EA LAO PDR MALAYSIA MYANMAR JAPAN

SOUTHEAST ASIA TOBACCO CONTROL ALLIANCE 17 Code of conduct when dealing Systematic program to raise with the tobacco industry awareness on Article 5.3

In 2019, a code of conduct that requires transparency A systematic program or communication plan to raise with any interactions and disallows contributions or awareness on Article 5.3 does not exist in Bangladesh, gifts from the tobacco industry was approved by the China, Japan, Korea, Lao PDR, Myanmar, and Vietnam. Prime Minister and circulated to all civil servants in As a non-Party, Indonesia does not have a program on Brunei.92 Guidance on interactions with the tobacco Article 5.3 and more broadly, the FCTC. industry are included in Pakistan’s national action plan to counter tobacco industry interference spearheaded In countries where raising awareness on Article 5.3 is by the Ministry of Health.93 conducted, it is largely confined within the ministries of health and/or spearheaded by civil society partners. It Codes of conduct in Bangladesh, India, Malaysia, is not institutionalized and often has limited resources. Maldives, Myanmar, and Sri Lanka are at different stages of development and approval.viii Policy to prevent forms of contributions Since 2010, the Philippine Civil Service Commission- from the tobacco industry Department of Health (CSC-DOH) Joint Memorandum All Asian countries included in this report have in place 94 Circular (JMC) 2010-01 is considered a pioneering a legal framework to protect against corruption, which policy to specifically implement Article 5.3. The JMC can include clauses on acceptance of all forms of applies to the entire bureaucracy and requires other contributions from the tobacco industry (monetary or government agencies to amend their respective codes otherwise) including offers of assistance, policy drafts, of conduct in line with the JMC. In Thailand, the or study visit invitations to the government, officials and “Guidelines on Interaction with Tobacco Entrepreneurs their relatives. Many countries also have ethical codes and Related Persons” and the Office of the Civil Service of conduct for government employees and officials that Commission’s (OCSC) regulation prohibit civil servants can be specifically updated to include recommendations from all ministries from interacting with the tobacco to prevent conflicts of interest with the tobacco industry, industry in a way that may lead to policy interference. interactions between the industry and government 98 The heath ministries in Indonesia95 and Lao PDR96 employees, and the receipt of money or gifts. have also developed a code that applies within the respective MOH’s jurisdictions. Being limited in scope, other ministries that are friendly to and have close ties with the industry in Indonesia, or those involved under the ILA in Lao PDR, continue to foster such relationships without restrictions. Governments should protect tobacco control policies from Periodic submission of tobacco industry information commercial and other vested

All countries require the tobacco industry, as with all interests of the tobacco other legitimate industries, to register certain aspects industry by implementing of its business (production, manufacture, revenues) in order to operate. With the sole exception of appropriate national laws and Pakistan, none have yet required the tobacco industry to provide information on lobbying, philanthropy, and regulatory provisions as defined political contributions.97 in Article 5.3 of WHO FCTC.”

Dr. Jagdish Kaur, Regional Adviser (Tobacco Free Initiative), WHO Regional Office for South East Asia viii As of writing the report, India’s Code of Conduct for Public Officials and Myanmar’s Guidelines on Contact with Cigar and Tobacco Product Manufacturer, Distributor, Seller or Related Person have been approved. These did not affect the country's overall score.

18 SEATCA TOBACCO INDUSTRY INTERFERENCE INDEX 2020 TABLE 1. PREVENTIVE MEASURES IN ASIA

Preventive measures limited Preventive measures that apply to issuing authority / jurisdictions to the whole bureaucracy Brunei • Prime Minister Circular (code of conduct) – Prohibition of involvement of the tobacco industry and smoking in government premises Cambodia • Ministry of Education, Youth, and Sports ordinance banning CSR activities China • Chinese Communist Party’s Code of Integrity and Self-discipline and other CPP regulations* India • Code of Conduct (State of Bihar and Jharkhand) • Article 5.3 State Notifications (sub-national level) • Ministry of Health and Family Welfare Code of Conduct for Public Officials in Compliance to Article 5.3 of WHO FCTC (July 2020) Indonesia • Ministry of Health Guidelines for Managing Conflicts of Interest • Ministry of Administrative and with the Tobacco Industry within the Health Ministry Bureaucratic Reforms Guidelines for Managing Conflict of Interest* Japan • National Public Service Ethics Act* • National Public Service Ethics Code* Korea • Code of Conduct for Public Officials* • Improper Solicitation and Act* Lao PDR • Ministry of Health Tobacco Control Code of Conduct between Government Health Sector and Tobacco Industry Myanmar • Ministry of Health and Sports Directive No. 91/2020: Directive to Comply with Guidelines on Contact with Cigar and Tobacco Product Manufacturer, Distributor, Seller or Related Person (August 2020) Nepal • Regulation Concerning the Conduct of Employees of the Civil Service* Pakistan • National Action Plan on Tobacco Industry Interference Philippines • Department of Education (DepEd) Order No. 6, s. 2012 – guidelines • Civil Service Commission- against tobacco industry interference Department of Health Joint • Department of Labor and Employment (DOLE) Memorandum (30 April Memorandum Circular (JMC) 2012) – reiterates the JMC; 2010-01 • Bureau of Internal Revenue (BIR) Memorandum Order No. 16-2012 - • Code of Conduct and Ethical restricts interactions with the tobacco industry; Standards for Public Officials and • Department of Foreign Affairs (DFA) Memorandum (24 May 2013) – Employees* directs compliance with the JMC; • Metro Manila Development Authority (MMDA) Memorandum (20 August 2013) – amends the Code of Conduct to include protection against tobacco industry interference; • Department of Social Welfare and Development (DSWD) Administrative Order No. 11-2019 - guidelines against tobacco industry interference • Food and Drug Administration (FDA) Advisory No. 2019-501 - reminds public physicians to follow the JMC and avoid interaction with the tobacco and e-cigarette industry Thailand • Ministry of Public Health Guidelines on Interaction with Tobacco • Office of Civil Service Entrepreneurs and Related Persons Commission Regulation Vietnam • Ministry of Health Official Letter to other ministries on noncooperation with Smoke-free World Foundation funded by PMI

* Not specific to the tobacco industry. SOUTHEAST ASIA TOBACCO CONTROL ALLIANCE 19 CONCLUSION AND RECOMMENDATIONS

A whole-of-government approach is fundamental to effectively counter tobacco industry interference. Non-health ministries and sectors remain largely vulnerable to tobacco industry interference. As a general obligation of the FCTC all governments must strengthen their efforts to implement Article 5.3.

It is a lynchpin for strengthening tobacco control policies. Recommendations provided in the Article 5.3 guidelines provide clear measures that governments can implement to protect themselves from interference and corruption.

» The tobacco industry should not be given its products. Governments need to reject any legitimacy as a stakeholder at any level or stage partnership with the tobacco industry including of health and social policy development and combating the problem of illicit tobacco trade. should be excluded at all times. The WHO FCTC Article 5.3 clearly recognizes the irreconcilable » State-owned tobacco enterprises should be treated conflict between tobacco industry interests and in the same way as any other tobacco business. public health policy. The tobacco industry may try to reinvent its public image and the science of » Patronage politics and revolving doors create smoking tobacco products, but its motivations are potential conflicts of interests and must be ceased. solely for profit. » Almost all countries need to establish and enforce » The tobacco industry uses CSR activities and other a government-wide policy to record and disclose public relations or innovative marketing strategies information about government interactions with to whitewash and normalize its business and gain the tobacco industry and to gather information on favor from policymakers and civic groups. Tobacco- tobacco industry marketing, philanthropy, lobbying, sponsored CSR activities are fake CSRs, even those and political contributions. conducted through conduits and affiliates, and must be banned in all countries. » Governments need to update existing legal frameworks and strictly enforce a code of » Benefits given to the industry, such as a waiver conduct compliant with Article 5.3 guidelines and of duties for export and import, and promotional principles of anti-corruption. Codes of conduct tax incentives or benefits, must be revoked. should be supported with a systematic Article 5.3 More importantly, the tobacco industry should awareness-raising program to guide and protect be penalized for non-compliance with tobacco all public sector professionals from undue industry control measures. influence and interference.

» Government interactions with the tobacco industry should occur only when and to the extent strictly necessary to regulate the industry and

20 SEATCA TOBACCO INDUSTRY INTERFERENCE INDEX 2020 TABLE 2. SUMMARY OF COUNTRY SCORES BY INDICATOR OF MOST COMMONLY REPORTED INCIDENTS OR FORMS OF TOBACCO INDUSTRY INTERFERENCE.

INDICATORS BD BN KH CN IN ID JP KR LA MY MV MM NP PK PH LK TH VN Level of participation in policy development

1. The government accepts, supports or endorses offer for assistance by or in collaboration with the tobacco 4 0 1 5 1 5 4 0 5 1 0 1 0 1 5 3 0 4 industry in implementing tobacco control policies (Rec 3.1) 2. The government accepts, supports or endorses legislation drafted 0 0 1 3 0 5 5 1 5 3 0 2 0 1 5 2 0 3 by/ collaboration with the tobacco industry (Rec 3.4) 3. The government allows the tobacco industry to sit in multi-sectoral 1 0 1 5 5 5 5 1 1 5 4 0 1 5 5 0 0 4 committee/ advisory group that sets public health policy (Rec 4.8) 4. The government allows representatives from the tobacco industry (including State-owned) in the delegation to the COP or 1 1 1 5 1 0 5 1 1 1 1 1 1 1 1 1 1 1 subsidiary bodies or accepts their sponsorship for delegates (Rec 4.9 & 8.3) Subtotal 6 1 4 18 7 15 19 3 12 10 5 4 2 8 16 6 1 12 Tobacco-related CSR activities

5. The government receives contributions from the tobacco industry (including so-called CSR contributions) (Rec 6.4) The 5 0 3 5 4 5 5 5 0 3 0 4 2 5 4 1 4 5 government agencies/officials endorses, forms partnerships with/ participates in tobacco industry CSR activities (Rec 6.2) Subtotal 5 0 3 5 4 5 5 5 0 3 0 4 2 5 4 1 4 5 Benefits given to the tobacco industry 6. The government accommodates requests from the industry for longer implementation time or 5 0 2 4 0 5 3 5 3 5 3 4 3 0 0 3 3 0 postponement of tobacco control law (Rec 7.1) 7. The government gives privileges, incentives, exemptions or benefits 5 0 4 3 5 5 5 3 5 3 5 3 3 2 5 0 2 1 to the tobacco industry (Rec 7.3) Subtotal 10 0 6 7 5 10 8 8 8 8 8 7 6 2 5 3 5 1

BD: Bangladesh, BN: Brunei, KH: Cambodia, CN: China, IN: India, ID: Indonesia, JP: Japan, KR: Korea, LA: Lao PDR, MY: Malaysia, MV: Maldives, MM: Myanmar, NP: Nepal, PK: Pakistan, PH: Philippines, LK: Sri Lanka, TH: Thailand, VN: Vietnam

SOUTHEAST ASIA TOBACCO CONTROL ALLIANCE 21 INDICATORS BD BN KH CN IN ID JP KR LA MY MV MM NP PK PH LK TH VN Forms of unnecessary interaction 8. Top-level government officials meet with/ foster relations with the tobacco companies such as 5 0 3 3 2 5 3 5 5 3 1 0 2 0 4 0 2 5 attending social functions and events sponsored or organized by the tobacco companies (Rec 2.1) 9. The government accepts assistance/ offers of assistance 0 0 0 5 3 5 3 0 5 2 1 0 0 2 4 3 2 5 from the tobacco industry on enforcement (Rec 3.1 & 4.3) 10. The government accepts, supports, endorses, or enters into partnerships 3 0 0 4 4 5 4 0 5 0 0 3 1 0 3 0 0 0 or agreements with the tobacco industry (Rec 3.1) Subtotal 8 0 3 12 9 15 10 5 15 5 2 3 3 2 11 3 4 10 Transparency 11. The government does not publicly disclose meetings/ interactions with the tobacco industry where 3 1 2 5 5 5 3 5 4 3 5 4 5 1 0 5 3 1 such interactions are strictly necessary for regulation (Rec 2.2) 12. The government requires rules for the disclosure or registration of tobacco industry entities, 5 5 5 3 5 5 5 5 4 5 5 5 3 5 3 5 4 5 affiliate organizations, and individuals acting on their behalf including lobbyists. Subtotal 8 6 7 8 10 10 8 10 8 8 10 9 8 6 3 10 7 6 Conflict of interest 13. The government does not have a policy (whether or not written) to prohibit contributions from the tobacco industry or any entity working to further its interests 5 1 5 1 5 5 5 5 1 5 5 1 5 5 5 5 4 1 to political parties, candidates, or campaigns or to require full disclosure of such contributions (Rec 4.11) 14. Retired senior officials work for the 4 0 0 3 5 5 5 1 5 4 3 3 0 4 3 0 4 0 tobacco industry (Rec 4.4) 15. Current government officials and their relatives hold positions in the tobacco business including 4 0 4 5 0 1 5 1 5 0 2 2 0 0 3 2 4 5 consultancy positions (Rec 4.5, 4.8 & 4.10) Subtotal 13 1 9 9 10 11 15 7 11 9 10 6 5 9 11 7 12 6

22 SEATCA TOBACCO INDUSTRY INTERFERENCE INDEX 2020 INDICATORS BD BN KH CN IN ID JP KR LA MY MV MM NP PK PH LK TH VN Preventive measures 16. The government has a procedure for disclosing records of the 4 2 5 4 4 5 5 5 5 5 1 5 5 1 1 3 2 5 interaction with tobacco industry and its representatives (Rec 5.1) 17. The government has formulated, adopted or implemented a code of conduct for public officials, 3 1 3 4 4 2 5 2 2 5 3 2 4 1 1 3 2 3 prescribing the standards they should comply when dealings with the tobacco industry (Rec 4.2) 18. The government requires the tobacco industry to periodically submit information on tobacco production, manufacture, market 2 0 5 2 2 2 3 5 4 5 3 5 5 1 2 4 2 2 share, marketing expenditures, revenues and any other activity, including lobbying, philanthropy, and political contributions (Rec 5.2) 19. The government has a program / system/ plan to consistently raise awareness within its departments 5 2 2 5 2 5 5 3 3 2 2 5 2 1 2 3 2 4 on policies relating to FCTC Article 5.3 Guidelines (Rec 1.1, 1.2) 20. The government has a policy prohibiting the acceptance of all forms of contributions from the tobacco industry (monetary 4 1 2 3 4 2 5 3 5 3 4 4 1 5 1 1 2 2 or otherwise) including offers of assistance, policy drafts, or study visit invitations to the government, officials and their relatives (Rec 3.4) Subtotal 18 6 17 18 16 16 23 18 19 20 13 21 17 9 7 14 10 16 TOTAL 68 14 49 77 61 82 88 56 73 63 48 54 43 41 57 44 43 56

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26 SEATCA TOBACCO INDUSTRY INTERFERENCE INDEX 2020

A Healthy, Sustainable, Tobacco-Free ASEAN www.seatca.org www.tobaccowatch.seatca.org