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U.S. Department of State Directive on Tobacco Policy Abroad
January 2000 General Policy The opening of international markets to U.S. products, non-discriminatory treatment for U.S. exporters, and removal of barriers to international trade are high priorities of the U.S. government and the Clinton administration. At the same time, the U.S. respects the rights of foreign governments to establish and maintain sound public health practices, encourages them to do so, and, where appropriate, may support such efforts with multilateral and bilateral assistance. Tobacco use will be the leading global cause of premature death and preventable illness early in the 21st century. Thus, there is a need to distinguish between protectionist policies and legitimate health-based actions, so as not to undermine other countries' efforts to reduce the consumption of tobacco and tobacco products and improve the health of their citizens. In light of the serious health consequences of tobacco use, the U.S. government will not promote the sale or export of tobacco or tobacco products or seek the reduction or removal by any foreign country of non-discriminatory restrictions on the marketing of tobacco or tobacco products. At the same time, the U.S. government will continue to seek elimination of discriminatory trade practices and will strive to ensure that U.S. firms are accorded the same treatment in a foreign country as that country's own firms and firms from other countries. The overall objective of this policy is to ensure equal access to a shrinking global market for tobacco. This policy also conforms to the provisions of Section 617 of the Act making appropriations for the Departments of Commerce, Justice, and State, the Judiciary, and related agencies for FY 2000. Guidelines The following guidelines are consistent with the administration's overall approach to reducing the negative health impact of tobacco while protecting the rights of Americans overseas:
(2) Posts should not challenge host country laws and regulations which are
based on sound public health principles, and applied in a nondiscriminatory
manner to both imported and domestic tobacco and tobacco products, and for which
sufficient notice has been given. If a post has reason to believe that such
regulations may, in fact, discriminate against U.S. firms or individuals, the
issue should be referred to Washington for consideration by trade, health and
other appropriate agencies. (3) Posts should not promote the sale or export of tobacco or tobacco products,
and should not assist the efforts of U.S. firms or individuals to do so. Ambassadors
or embassy staff should not attend or otherwise support receptions, trade promotions,
or any events sponsored by individuals or entities involved in the export, manufacture,
promotion, distribution or sale of tobacco or tobacco products where their attendance
could be construed as United States government support for the sale or export
of tobacco or tobacco products. (4) Posts should continue to provide all U.S. citizens or firms with routine
business facilitation services such as the provision of publicly available information
on foreign country conditions and policies, information or assistance that may
help U.S. firms or individuals comply with foreign government laws or regulations,
and assistance in resolving business problems-- such as customs or port clearance,
trademark violations, or phytosanitary restrictions that are potentially discriminatory. End Guidance [Section 617] None of the funds provided by this act shall be available to promote the sale or export of tobacco or tobacco products, or to see the reduction or removal by any foreign country of restrictions on the marketing of tobacco or tobacco products, except for restrictions which are not applied equally to all tobacco or tobacco products of the same type. |