The Fifty-sixth World Health Assembly,

Recalling its resolutions WHA49.17 and WHA52.18 calling for the
development of a WHO

framework convention on tobacco control in accordance with
Article 19 of the Constitution of WHO;

Determined to protect present and future generations from
tobacco consumption and exposure to tobacco smoke;

Noting with profound concern the escalation in smoking and other
forms of tobacco use worldwide;

Acknowledging with appreciation the report of the Chair of the
Intergovernmental Negotiating

Body on the outcome of the work of the Intergovernmental
Negotiating Body;

Convinced that this convention is a groundbreaking step in
advancing national, regional and

international action and global cooperation to protect human
health against the devastating impact of

tobacco consumption and exposure to tobacco smoke, and mindful
that special consideration should be

given to the particular situation of developing countries and
countries with economies in transition;

Emphasizing the need for expeditious entry into force and
effective implementation of the convention,

1. ADOPTS the Convention attached to this resolution;
2. NOTES, in accordance with Article 34 of the Convention, that
the Convention shall be open for signature at WHO
headquarters in Geneva, from 16 June 2003 to 22 June 2003,
and thereafter at United Nations headquarters in New York,
from 30 June 2003 to 29 June 2004;
3. CALLS UPON all States and regional economic integration
organizations entitled to do so, to consider signing,
ratifying, accepting, approving, formally confirming or
acceding to the Convention at the earliest opportunity, with
a view to bringing the Convention into force as soon as
possible;
4. URGES all States and regional economic integration
organizations, pending entry into force of the Convention, to
take all appropriate measures to curb tobacco consumption and
exposure to tobacco smoke;
5. URGES all Member States, regional economic integration
organizations, observers and other interested parties to
support the preparatory activities referred to in this
resolution and effectively encourage prompt entry into force
and implementation of the Convention;
6. CALLS UPON the United Nations and invites other relevant
international organizations to continue to provide support
for strengthening national and international tobacco control
programmes;
7. DECIDES to establish, in accordance with Rule 42 of the Rules
of Procedure of the Health Assembly, an open-ended
intergovernmental working group that shall be open to all
States and regional economic integration organizations
referred to in Article 34 of the Convention, to consider and
prepare proposals on those issues identified in the
Convention for consideration and adoption, as appropriate, by
the first session of the Conference of the Parties; such
issues should include:
(1) rules of procedure for the Conference of the Parties
(Article 23.3), including criteria for participation of
observers at sessions of the Conference of the Parties
(Article 23.6);
(2) options for the designation of a permanent secretariat and
arrangements for its functioning (Article 24.1);
(3) financial rules for the Conference of the Parties and its
subsidiary bodies, and financial provisions governing the
functioning of the secretariat (Article 23.4);
(4) a draft budget for the first financial period (Article
23.4);
(5) a review of existing and potential sources and mechanisms
of assistance to Parties in meeting their obligations under
the Convention (Article 26.5);
8. FURTHER DECIDES that the Open-ended Intergovernmental Working
Group shall also oversee preparations for the first session
of the Conference of the Parties and report directly to it;
9. RESOLVES that decisions that had been taken by the
Intergovernmental Negotiating Body on the WHO framework
convention on tobacco control concerning the participation of
nongovernmental organizations shall apply to the activities
of the Open-ended Intergovernmental Working Group;
10. REQUESTS the Director-General:
(1) to provide secretariat functions under the Convention
until such time as a permanent secretariat is designated
and established;
(2) to take appropriate steps to provide support to Member
States, in particular developing countries and countries
with economies in transition, in preparation for entry into
force of the Convention;
(3) to convene, as frequently as necessary, between 16 June
2003 and the first session of the Conference of the
Parties, meetings of the Open-ended Intergovernmental
Working Group;
(4) to continue to ensure that WHO plays a key role in
providing technical advice, direction and support for
global tobacco control;
(5) to keep the Health Assembly informed of progress made
toward entry into force of the Convention and of
preparations under way for the first session of the
Conference of the Parties.

ANNEX

WHO Framework Convention on Tobacco Control

Preamble

The Parties to this Convention,
* Determined to give priority to their right to protect public
health,
* Recognizing that the spread of the tobacco epidemic is a
global problem with serious consequences for public health
that calls for the widest possible international cooperation
and the participation of all countries in an effective,
appropriate and comprehensive international response,
* Reflecting the concern of the international community about
the devastating worldwide health, social, economic and
environmental consequences of tobacco consumption and exposure
to tobacco smoke,
* Seriously concerned about the increase in the worldwide
consumption and production of cigarettes and other tobacco
products, particularly in developing countries, as well as
about the burden this places on families, on the poor, and on
national health systems,
* Recognizing that scientific evidence has unequivocally
established that tobacco consumption and exposure to tobacco
smoke cause death, disease and disability, and that there is a
time lag between the exposure to smoking and the other uses of
tobacco products and the onset of tobacco-related diseases,
* Recognizing also that cigarettes and some other products
containing tobacco are highly engineered so as to create and
maintain dependence, and that many of the compounds they
contain and the smoke they produce are pharmacologically
active, toxic, mutagenic and carcinogenic, and that tobacco
dependence is separately classified as a disorder in major
international classifications of diseases,
* Acknowledging that there is clear scientific evidence that
prenatal exposure to tobacco smoke causes adverse health and
developmental conditions for children,
* Deeply concerned about the escalation in smoking and other
forms of tobacco consumption by children and adolescents
worldwide, particularly smoking at increasingly early ages,
* Alarmed by the increase in smoking and other forms of tobacco
consumption by women and young girls worldwide and keeping in
mind the need for full participation of women at all levels of
policy-making and implementation and the need for
gender-specific tobacco control strategies,
* Deeply concerned about the high levels of smoking and other
forms of tobacco consumption by indigenous peoples,
* Seriously concerned about the impact of all forms of
advertising, promotion and sponsorship aimed at encouraging
the use of tobacco products,
* Recognizing that cooperative action is necessary to eliminate
all forms of illicit trade in cigarettes and other tobacco
products, including smuggling, illicit manufacturing and
counterfeiting,
* Acknowledging that tobacco control at all levels and
particularly in developing countries and in countries with
economies in transition requires sufficient financial and
technical resources commensurate with the current and
projected need for tobacco control activities,
* Recognizing the need to develop appropriate mechanisms to
address the long-term social and economic implications of
successful tobacco demand reduction strategies,
* Mindful of the social and economic difficulties that tobacco
control programmes may engender in the medium and long term in
some developing countries and countries with economies in
transition, and recognizing their need for technical and
financial assistance in the context of nationally developed
strategies for sustainable development,
* Conscious of the valuable work being conducted by many States
on tobacco control and commending the leadership of the World
Health Organization as well as the efforts of other
organizations and bodies of the United Nations system and
other international and regional intergovernmental
organizations in developing measures on tobacco control,
* Emphasizing the special contribution of nongovernmental
organizations and other members of civil society not
affiliated with the tobacco industry, including health
professional bodies, women’s, youth, environmental and
consumer groups, and academic and health care institutions, to
tobacco control efforts nationally and internationally and the
vital importance of their participation in national and
international tobacco control efforts,
* Recognizing the need to be alert to any efforts by the tobacco
industry to undermine or subvert tobacco control efforts and
the need to be informed of activities of the tobacco industry
that have a negative impact on tobacco control efforts,
* Recalling Article 12 of the International Covenant on
Economic, Social and Cultural Rights, adopted by the United
Nations General Assembly on 16 December 1966, which states
that it is the right of everyone to the enjoyment of the
highest attainable standard of physical and mental health,
* Recalling also the preamble to the Constitution of the World
Health Organization, which states that the enjoyment of the
highest attainable standard of health is one of the
fundamental rights of every human being without distinction of
race, religion, political belief, economic or social condition,
* Determined to promote measures of tobacco control based on
current and relevant scientific, technical and economic
considerations,
* Recalling that the Convention on the Elimination of All Forms
of Discrimination against Women, adopted by the United Nations
General Assembly on 18 December 1979, provides that States
Parties to that Convention shall take appropriate measures to
eliminate discrimination against women in the field of health
care,
* Recalling further that the Convention on the Rights of the
Child, adopted by the United Nations General Assembly on 20
November 1989, provides that States Parties to that Convention
recognize the right of the child to the enjoyment of the
highest attainable standard of health, Have agreed, as follows:

PART I: INTRODUCTION

Article 1 Use of terms
For the purposes of this Convention:
(a) “illicit trade” means any practice or conduct prohibited
by law and which relates to production, shipment, receipt,
possession, distribution, sale or purchase including any
practice or conduct intended to facilitate such activity;
(b) “regional economic integration organization” means an
organization that is composed of several sovereign states,
and to which its Member States have transferred competence
over a range of matters, including the authority to make
decisions binding on its Member States in respect of those
matters;1
(c) “tobacco advertising and promotion” means any form of
commercial communication, recommendation or action with the
aim, effect or likely effect of promoting a tobacco product
or tobacco use either directly or indirectly;
(d) “tobacco control” means a range of supply, demand and
harm reduction strategies that aim to improve the health of
a population by eliminating or reducing their consumption
of tobacco products and exposure to tobacco smoke;
(e) “tobacco industry” means tobacco manufacturers, wholesale
distributors and importers of tobacco products;
(f) “tobacco products” means products entirely or partly made
of the leaf tobacco as raw material which are manufactured
to be used for smoking, sucking, chewing or snuffing;
(g) “tobacco sponsorship” means any form of contribution to
any event, activity or individual with the aim, effect or
likely effect of promoting a tobacco product or tobacco use
either directly or indirectly;

Article 2 Relationship between this Convention and other
agreements and legal instruments
1. In order to better protect human health, Parties are
encouraged to implement measures beyond those required by
this Convention and its protocols, and nothing in these
instruments shall prevent a Party from imposing stricter
requirements that are consistent with their provisions and
are in accordance with international law.
2. The provisions of the Convention and its protocols shall in
no way affect the right of Parties to enter into bilateral or
multilateral agreements, including regional or subregional
agreements, on issues relevant or additional to the
Convention and its protocols, provided that such agreements
are compatible with their obligations under the Convention
and its protocols. The Parties concerned shall communicate
such agreements to the Conference of the Parties through the
Secretariat.

PART II: OBJECTIVE, GUIDING PRINCIPLES AND GENERAL
OBLIGATIONS

Article 3 Objective
The objective of this Convention and its protocols is to protect
present and future generations from the devastating health,
social, environmental and economic consequences of tobacco
consumption and exposure to tobacco smoke by providing a
framework for tobacco control measures to be implemented by the
Parties at the national, regional and international levels in
order to reduce continually and substantially the prevalence of
tobacco use and exposure to tobacco smoke.

Article 4 Guiding principles
To achieve the objective of this Convention and its protocols
and to implement its provisions, the Parties shall be guided,
inter alia, by the principles set out below:
1. Every person should be informed of the health consequences,
addictive nature and mortal threat posed by tobacco
consumption and exposure to tobacco smoke and effective
legislative, executive, administrative or other measures
should be contemplated at the appropriate governmental level
to protect all persons from exposure to tobacco smoke.
2. Strong political commitment is necessary to develop and
support, at the national, regional and international levels,
comprehensive multisectoral measures and coordinated
responses, taking into consideration:
(a) the need to take measures to protect all persons from
exposure to tobacco smoke;
(b) the need to take measures to prevent the initiation, to
promote and support cessation, and to decrease the
consumption of tobacco products in any form;
(c) the need to take measures to promote the participation of
indigenous individuals and communities in the development,
implementation and evaluation of tobacco control programmes
that are socially and culturally appropriate to their needs
and perspectives; and
(d) the need to take measures to address gender-specific risks
when developing tobacco control strategies.
3. International cooperation, particularly transfer of
technology, knowledge and financial assistance and provision
of related expertise, to establish and implement effective
tobacco control programmes, taking into consideration local
culture, as well as social, economic, political and legal
factors, is an important part of the Convention.
4. Comprehensive multisectoral measures and responses to reduce
consumption of all tobacco products at the national, regional
and international levels are essential so as to prevent, in
accordance with public health principles, the incidence of
diseases, premature disability and mortality due to tobacco
consumption and exposure to tobacco smoke.
5. Issues relating to liability, as determined by each Party
within its jurisdiction, are an important part of
comprehensive tobacco control.
6. The importance of technical and financial assistance to aid
the economic transition of tobacco growers and workers whose
livelihoods are seriously affected as a consequence of
tobacco control programmes in developing country Parties, as
well as Parties with economies in transition, should be
recognized and addressed in the context of nationally
developed strategies for sustainable development.
7. The participation of civil society is essential in achieving
the objective of the Convention and its protocols.

Article 5 General obligations
1. Each Party shall develop, implement, periodically update and
review comprehensive multisectoral national tobacco control
strategies, plans and programmes in accordance with this
Convention and the protocols to which it is a Party.
2. Towards this end, each Party shall, in accordance with its
capabilities:
(a) establish or reinforce and finance a national coordinating
mechanism or focal points for tobacco control; and
(b) adopt and implement effective legislative, executive,
administrative and/or other measures and cooperate, as
appropriate, with other Parties in developing appropriate
policies for preventing and reducing tobacco consumption,
nicotine addiction and exposure to tobacco smoke.
3. In setting and implementing their public health policies with
respect to tobacco control, Parties shall act to protect
these policies from commercial and other vested interests of
the tobacco industry in accordance with national law.
4. The Parties shall cooperate in the formulation of proposed
measures, procedures and guidelines for the implementation of
the Convention and the protocols to which they are Parties.
5. The Parties shall cooperate, as appropriate, with competent
international and regional intergovernmental organizations
and other bodies to achieve the objectives of the Convention
and the protocols to which they are Parties.
6. The Parties shall, within means and resources at their
disposal, cooperate to raise financial resources for
effective implementation of the Convention through bilateral
and multilateral funding mechanisms.

PART III: MEASURES RELATING TO THE REDUCTION OF DEMAND FOR
TOBACCO

Article 6 Price and tax measures to reduce the demand for
tobacco
1. The Parties recognize that price and tax measures are an
effective and important means of reducing tobacco consumption
by various segments of the population, in particular young
persons.
2. Without prejudice to the sovereign right of the Parties to
determine and establish their taxation policies, each Party
should take account of its national health objectives
concerning tobacco control and adopt or maintain, as
appropriate, measures which may include:
(a) implementing tax policies and, where appropriate, price
policies, on tobacco products so as to contribute to the
health objectives aimed at reducing tobacco consumption;
and
(b) prohibiting or restricting, as appropriate, sales to and/or
importations by international travellers of tax- and
duty-free tobacco products.
3. The Parties shall provide rates of taxation for tobacco
products and trends in tobacco consumption in their periodic
reports to the Conference of the Parties, in accordance with
Article 21.

Article 7 Non-price measures to reduce the demand for tobacco
The Parties recognize that comprehensive non-price measures are
an effective and important means of reducing tobacco
consumption. Each Party shall adopt and implement effective
legislative, executive, administrative or other measures
necessary to implement its obligations pursuant to Articles 8 to
13 and shall cooperate, as appropriate, with each other directly
or through competent international bodies with a view to their
implementation. The Conference of the Parties shall propose
appropriate guidelines for the implementation of the provisions
of these Articles.

Article 8 Protection from exposure to tobacco smoke
1. Parties recognize that scientific evidence has unequivocally
established that exposure to tobacco smoke causes death,
disease and disability.
2. Each Party shall adopt and implement in areas of existing
national jurisdiction as determined by national law and
actively promote at other jurisdictional levels the adoption
and implementation of effective legislative, executive,
administrative and/or other measures, providing for
protection from exposure to tobacco smoke in indoor
workplaces, public transport, indoor public places and, as
appropriate, other public places.

Article 9 Regulation of the contents of tobacco products
The Conference of the Parties, in consultation with competent
international bodies, shall propose guidelines for testing and
measuring the contents and emissions of tobacco products, and
for the regulation of these contents and emissions. Each Party
shall, where approved by competent national authorities, adopt
and implement effective legislative, executive and
administrative or other measures for such testing and measuring,
and for such regulation.

Article 10 Regulation of tobacco product disclosures
Each Party shall, in accordance with its national law, adopt and
implement effective legislative, executive, administrative or
other measures requiring manufacturers and importers of tobacco
products to disclose to governmental authorities information
about the contents and emissions of tobacco products. Each Party
shall further adopt and implement effective measures for public
disclosure of information about the toxic constituents of the
tobacco products and the emissions that they may produce.

Article 11 Packaging and labelling of tobacco products
1. Each Party shall, within a period of three years after entry
into force of this Convention for that Party, adopt and
implement, in accordance with its national law, effective
measures to ensure that:
(a) tobacco product packaging and labelling do not promote a
tobacco product by any means that are false, misleading,
deceptive or likely to create an erroneous impression about
its characteristics, health effects, hazards or emissions,
including any term, descriptor, trademark, figurative or
any other sign that directly or indirectly creates the
false impression that a particular tobacco product is less
harmful than other tobacco products. These may include
terms such as “low tar”, “light”, “ultra-light”, or “
mild”; and
(b) each unit packet and package of tobacco products and any
outside packaging and labelling of such products also carry
health warnings describing the harmful effects of tobacco
use, and may include other appropriate messages. These
warnings and messages:
(i) shall be approved by the competent national authority,
(ii) shall be rotating,
(iii) shall be large, clear, visible and legible,
(iv) should be 50% or more of the principal display areas but
shall be no less than 30% of the principal display areas,
(v) may be in the form of or include pictures or pictograms.
2. Each unit packet and package of tobacco products and any
outside packaging and labelling of such products shall, in
addition to the warnings specified in paragraph 1(b) of this
Article, contain information on relevant constituents and
emissions of tobacco products as defined by national
authorities.
3. Each Party shall require that the warnings and other textual
information specified in paragraphs 1(b) and paragraph 2 of
this Article will appear on each unit packet and package of
tobacco products and any outside packaging and labelling of
such products in its principal language or languages.
4. For the purposes of this Article, the term “outside
packaging and labelling” in relation to tobacco products
applies to any packaging and labelling used in the retail
sale of the product.

Article 12 Education, communication, training and public
awareness
Each Party shall promote and strengthen public awareness of
tobacco control issues, using all available communication tools,
as appropriate. Towards this end, each Party shall adopt and
implement effective legislative, executive, administrative or
other measures to promote:
(a) broad access to effective and comprehensive educational and
public awareness programmes on the health risks including
the addictive characteristics of tobacco consumption and
exposure to tobacco smoke;
(b) public awareness about the health risks of tobacco
consumption and exposure to tobacco smoke, and about the
benefits of the cessation of tobacco use and tobacco-free
lifestyles as specified in Article 14.2;
(c) public access, in accordance with national law, to a wide
range of information on the tobacco industry as relevant to
the objective of this Convention;
(d) effective and appropriate training or sensitization and
awareness programmes on tobacco control addressed to
persons such as health workers, community workers, social
workers, media professionals, educators, decision-makers,
administrators and other concerned persons;
(e) awareness and participation of public and private agencies
and nongovernmental organizations not affiliated with the
tobacco industry in developing and implementing
intersectoral programmes and strategies for tobacco
control; and
(f) public awareness of and access to information regarding the
adverse health, economic, and environmental consequences of
tobacco production and consumption.

Article 13 Tobacco advertising, promotion and sponsorship
1. Parties recognize that a comprehensive ban on advertising,
promotion and sponsorship would reduce the consumption of
tobacco products.
2. Each Party shall, in accordance with its constitution or
constitutional principles, undertake a comprehensive ban of
all tobacco advertising, promotion and sponsorship. This
shall include, subject to the legal environment and technical
means available to that Party, a comprehensive ban on
crossborder advertising, promotion and sponsorship
originating from its territory. In this respect, within the
period of five years after entry into force of this
Convention for that Party, each Party shall undertake
appropriate legislative, executive, administrative and/or
other measures and report accordingly in conformity with
Article 21.
3. A Party that is not in a position to undertake a
comprehensive ban due to its constitution or constitutional
principles shall apply restrictions on all tobacco
advertising, promotion and sponsorship. This shall include,
subject to the legal environment and technical means
available to that Party, restrictions or a comprehensive ban
on advertising, promotion and sponsorship originating from
its territory with cross-border effects. In this respect,
each Party shall undertake appropriate legislative,
executive, administrative and/or other measures and report
accordingly in conformity with Article 21.
4. As a minimum, and in accordance with its constitution or
constitutional principles, each Party shall:
(a) prohibit all forms of tobacco advertising, promotion and
sponsorship that promote a tobacco product by any means
that are false, misleading or deceptive or likely to create
an erroneous impression about its characteristics, health
effects, hazards or emissions;
(b) require that health or other appropriate warnings or
messages accompany all tobacco advertising and, as
appropriate, promotion and sponsorship;
(c) restrict the use of direct or indirect incentives that
encourage the purchase of tobacco products by the public;
(d) require, if it does not have a comprehensive ban, the
disclosure to relevant governmental authorities of
expenditures by the tobacco industry on advertising,
promotion and sponsorship not yet prohibited. Those
authorities may decide to make those figures available,
subject to national law, to the public and to the
Conference of the Parties, pursuant to Article 21;
(e) undertake a comprehensive ban or, in the case of a Party
that is not in a position to undertake a comprehensive ban
due to its constitution or constitutional principles,
restrict tobacco advertising, promotion and sponsorship on
radio, television, print media and, as appropriate, other
media, such as the internet, within a period of five years;
and
(f) prohibit, or in the case of a Party that is not in a
position to prohibit due to its constitution or
constitutional principles restrict, tobacco sponsorship of
international events, activities and/or participants
therein.
5. Parties are encouraged to implement measures beyond the
obligations set out in paragraph 4.
6. Parties shall cooperate in the development of technologies
and other means necessary to facilitate the elimination of
cross-border advertising.
7. Parties which have a ban on certain forms of tobacco
advertising, promotion and sponsorship have the sovereign
right to ban those forms of cross-border tobacco advertising,
promotion and sponsorship entering their territory and to
impose equal penalties as those applicable to domestic
advertising, promotion and sponsorship originating from their
territory in accordance with their national law. This
paragraph does not endorse or approve of any particular
penalty.
8. Parties shall consider the elaboration of a protocol setting
out appropriate measures that require international
collaboration for a comprehensive ban on cross-border
advertising, promotion and sponsorship.

Article 14 Demand reduction measures concerning tobacco
dependence and cessation
1. Each Party shall develop and disseminate appropriate,
comprehensive and integrated guidelines based on scientific
evidence and best practices, taking into account national
circumstances and priorities, and shall take effective
measures to promote cessation of tobacco use and adequate
treatment for tobacco dependence.
2. Towards this end, each Party shall endeavour to:
(a) design and implement effective programmes aimed at
promoting the cessation of tobacco use, in such locations
as educational institutions, health care facilities,
workplaces and sporting environments;
(b) include diagnosis and treatment of tobacco dependence and
counselling services on cessation of tobacco use in
national health and education programmes, plans and
strategies, with the participation of health workers,
community workers and social workers as appropriate;
(c) establish in health care facilities and rehabilitation
centres programmes for diagnosing, counselling, preventing
and treating tobacco dependence; and
(d) collaborate with other Parties to facilitate accessibility
and affordability for treatment of tobacco dependence
including pharmaceutical products pursuant to Article 22.
Such products and their constituents may include medicines,
products used to administer medicines and diagnostics when
appropriate.

PART IV: MEASURES RELATING TO THE REDUCTION OF THE SUPPLY OF
TOBACCO

Article 15 Illicit trade in tobacco products1
1. The Parties recognize that the elimination of all forms of
illicit trade in tobacco products, including smuggling,
illicit manufacturing and counterfeiting, and the development
and implementation of related national law, in addition to
subregional, regional and global agreements, are essential
components of tobacco control.
2. Each Party shall adopt and implement effective legislative,
executive, administrative or other measures to ensure that
all unit packets and packages of tobacco products and any
outside packaging of such products are marked to assist
Parties in determining the origin of tobacco products, and in
accordance with national law and relevant bilateral or
multilateral agreements, assist Parties in determining the
point of diversion and monitor, document and control the
movement of tobacco products and their legal status. In
addition, each Party shall:
(a) require that unit packets and packages of tobacco products
for retail and wholesale use that are sold on its domestic
market carry the statement: “Sales only allowed in (insert
name of the country, subnational, regional or federal unit)
” or carry any other effective marking indicating the
final destination or which would assist authorities in
determining whether the product is legally for sale on the
domestic market; and
(b) consider, as appropriate, developing a practical tracking
and tracing regime that would further secure the
distribution system and assist in the investigation of
illicit trade.
3. Each Party shall require that the packaging information or
marking specified in paragraph 2 of this Article shall be
presented in legible form and/or appear in its principal
language or languages.
4. With a view to eliminating illicit trade in tobacco products,
each Party shall:
(a) monitor and collect data on cross-border trade in tobacco
products, including illicit trade, and exchange information
among customs, tax and other authorities, as appropriate,
and in accordance with national law and relevant applicable
bilateral or multilateral agreements;
(b) enact or strengthen legislation, with appropriate penalties
and remedies, against illicit trade in tobacco products,
including counterfeit and contraband cigarettes;
(c) take appropriate steps to ensure that all confiscated
manufacturing equipment, counterfeit and contraband
cigarettes and other tobacco products are destroyed, using
environmentally friendly methods where feasible, or
disposed of in accordance with national law;
(d) adopt and implement measures to monitor, document and
control the storage and distribution of tobacco products
held or moving under suspension of taxes or duties within
its jurisdiction; and
(e) adopt measures as appropriate to enable the confiscation of
proceeds derived from the illicit trade in tobacco products.
5. Information collected pursuant to subparagraphs 4(a) and 4(d)
of this Article shall, as appropriate, be provided in
aggregate form by the Parties in their periodic reports to
the Conference of the Parties, in accordance with Article 21.
6. The Parties shall, as appropriate and in accordance with
national law, promote cooperation between national agencies,
as well as relevant regional and international
intergovernmental organizations as it relates to
investigations, prosecutions and proceedings, with a view to
eliminating illicit trade in tobacco products. Special
emphasis shall be placed on cooperation at regional and
subregional levels to combat illicit trade of tobacco
products.
7. Each Party shall endeavour to adopt and implement further
measures including licensing, where appropriate, to control
or regulate the production and distribution of tobacco
products in order to prevent illicit trade.

Article 16 Sales to and by minors
1. Each Party shall adopt and implement effective legislative,
executive, administrative or other measures at the
appropriate government level to prohibit the sales of tobacco
products to persons under the age set by domestic law,
national law or eighteen. These measures may include:
(a) requiring that all sellers of tobacco products place a
clear and prominent indicator inside their point of sale
about the prohibition of tobacco sales to minors and, in
case of doubt, request that each tobacco purchaser provide
appropriate evidence of having reached full legal age;
(b) banning the sale of tobacco products in any manner by which
they are directly accessible, such as store shelves;
(c) prohibiting the manufacture and sale of sweets, snacks,
toys or any other objects in the form of tobacco products
which appeal to minors; and
(d) ensuring that tobacco vending machines under its
jurisdiction are not accessible to minors and do not
promote the sale of tobacco products to minors.
2. Each Party shall prohibit or promote the prohibition of the
distribution of free tobacco products to the public and
especially minors.
3. Each Party shall endeavour to prohibit the sale of cigarettes
individually or in small packets which increase the
affordability of such products to minors.
4. The Parties recognize that in order to increase their
effectiveness, measures to prevent tobacco product sales to
minors should, where appropriate, be implemented in
conjunction with other provisions contained in this
Convention.
5. When signing, ratifying, accepting, approving or acceding to
the Convention or at any time thereafter, a Party may, by
means of a binding written declaration, indicate its
commitment to prohibit the introduction of tobacco vending
machines within its jurisdiction or, as appropriate, to a
total ban on tobacco vending machines. The declaration made
pursuant to this Article shall be circulated by the
Depositary to all Parties to the Convention.
6. Each Party shall adopt and implement effective legislative,
executive, administrative or other measures, including
penalties against sellers and distributors, in order to
ensure compliance with the obligations contained in
paragraphs 1-5 of this Article.
7. Each Party should, as appropriate, adopt and implement
effective legislative, executive, administrative or other
measures to prohibit the sales of tobacco products by persons
under the age set by domestic law, national law or eighteen.

Article 17 Provision of support for economically viable
alternative activities
Parties shall, in cooperation with each other and with competent
international and regional intergovernmental organizations,
promote, as appropriate, economically viable alternatives for
tobacco workers, growers and, as the case may be, individual
sellers.

PART V: PROTECTION OF THE ENVIRONMENT

Article 18 Protection of the environment and the health of
persons
In carrying out their obligations under this Convention, the
Parties agree to have due regard to the protection of the
environment and the health of persons in relation to the
environment in respect of tobacco cultivation and manufacture
within their respective territories.

PART VI: QUESTIONS RELATED TO LIABILITY

Article 19 Liability
1. For the purpose of tobacco control, the Parties shall
consider taking legislative action or promoting their
existing laws, where necessary, to deal with criminal and
civil liability, including compensation where appropriate.
2. Parties shall cooperate with each other in exchanging
information through the Conference of the Parties in
accordance with Article 21 including:
(a) information on the health effects of the consumption of
tobacco products and exposure to tobacco smoke in
accordance with Article 20.3(a); and
(b) information on legislation and regulations in force as well
as pertinent jurisprudence.
3. The Parties shall, as appropriate and mutually agreed, within
the limits of national legislation, policies, legal practices
and applicable existing treaty arrangements, afford one
another assistance in legal proceedings relating to civil and
criminal liability consistent with this Convention.
4. The Convention shall in no way affect or limit any rights of
access of the Parties to each other’s courts where such
rights exist.
5. The Conference of the Parties may consider, if possible, at
an early stage, taking account of the work being done in
relevant international fora, issues related to liability
including appropriate international approaches to these
issues and appropriate means to support, upon request, the
Parties in their legislative and other activities in
accordance with this Article.

PART VII: SCIENTIFIC AND TECHNICAL COOPERATION AND
COMMUNICATION OF INFORMATION

Article 20 Research, surveillance and exchange of information
1. The Parties undertake to develop and promote national
research and to coordinate research programmes at the
regional and international levels in the field of tobacco
control. Towards this end, each Party shall:
(a) initiate and cooperate in, directly or through competent
international and regional intergovernmental organizations
and other bodies, the conduct of research and scientific
assessments, and in so doing promote and encourage research
that addresses the determinants and consequences of tobacco
consumption and exposure to tobacco smoke as well as
research for identification of alternative crops; and
(b) promote and strengthen, with the support of competent
international and regional intergovernmental organizations
and other bodies, training and support for all those
engaged in tobacco control activities, including research,
implementation and evaluation.
2. The Parties shall establish, as appropriate, programmes for
national, regional and global surveillance of the magnitude,
patterns, determinants and consequences of tobacco
consumption and exposure to tobacco smoke. Towards this end,
the Parties should integrate tobacco surveillance programmes
into national, regional and global health surveillance
programmes so that data are comparable and can be analysed at
the regional and international levels, as appropriate.
3. Parties recognize the importance of financial and technical
assistance from international and regional intergovernmental
organizations and other bodies. Each Party shall endeavour to:
(a) establish progressively a national system for the
epidemiological surveillance of tobacco consumption and
related social, economic and health indicators;
(b) cooperate with competent international and regional
intergovernmental organizations and other bodies, including
governmental and nongovernmental agencies, in regional and
global tobacco surveillance and exchange of information on
the indicators specified in paragraph 3(a) of this Article;
and
(c) cooperate with the World Health Organization in the
development of general guidelines or procedures for
defining the collection, analysis and dissemination of
tobacco-related surveillance data.
4. The Parties shall, subject to national law, promote and
facilitate the exchange of publicly available scientific,
technical, socioeconomic, commercial and legal information,
as well as information regarding practices of the tobacco
industry and the cultivation of tobacco, which is relevant to
this Convention, and in so doing shall take into account and
address the special needs of developing country Parties and
Parties with economies in transition. Each Party shall
endeavour to:
(a) progressively establish and maintain an updated database of
laws and regulations on tobacco control and, as
appropriate, information about their enforcement, as well
as pertinent jurisprudence, and cooperate in the
development of programmes for regional and global tobacco
control;
(b) progressively establish and maintain updated data from
national surveillance programmes in accordance with
paragraph 3(a) of this Article; and
(c) cooperate with competent international organizations to
progressively establish and maintain a global system to
regularly collect and disseminate information on tobacco
production, manufacture and the activities of the tobacco
industry which have an impact on the Convention or national
tobacco control activities.
5. Parties should cooperate in regional and international
intergovernmental organizations and financial and development
institutions of which they are members, to promote and
encourage provision of technical and financial resources to
the Secretariat to assist developing country Parties and
Parties with economies in transition to meet their
commitments on research, surveillance and exchange of
information.

Article 21 Reporting and exchange of information
1. Each Party shall submit to the Conference of the Parties,
through the Secretariat, periodic reports on its
implementation of this Convention, which should include the
following:
(a) information on legislative, executive, administrative or
other measures taken to implement the Convention;
(b) information, as appropriate, on any constraints or barriers
encountered in its implementation of the Convention, and on
the measures taken to overcome these barriers;
(c) information, as appropriate, on financial and technical
assistance provided or received for tobacco control
activities;
(d) information on surveillance and research as specified in
Article 20; and
(e) information specified in Articles 6.3, 13.2, 13.3, 13.4(d),
15.5 and 19.2.
2. The frequency and format of such reports by all Parties shall
be determined by the Conference of the Parties. Each Party
shall make its initial report within two years of the entry
into force of the Convention for that Party.
3. The Conference of the Parties, pursuant to Articles 22 and
26, shall consider arrangements to assist developing country
Parties and Parties with economies in transition, at their
request, in meeting their obligations under this Article.
4. The reporting and exchange of information under the
Convention shall be subject to national law regarding
confidentiality and privacy. The Parties shall protect, as
mutually agreed, any confidential information that is
exchanged.

Article 22 Cooperation in the scientific, technical, and legal
fields and provision of related expertise
1. The Parties shall cooperate directly or through competent
international bodies to strengthen their capacity to fulfill
the obligations arising from this Convention, taking into
account the needs of developing country Parties and Parties
with economies in transition. Such cooperation shall promote
the transfer of technical, scientific and legal expertise and
technology, as mutually agreed, to establish and strengthen
national tobacco control strategies, plans and programmes
aiming at, inter alia:
(a) facilitation of the development, transfer and acquisition
of technology, knowledge, skills, capacity and expertise
related to tobacco control;
(b) provision of technical, scientific, legal and other
expertise to establish and strengthen national tobacco
control strategies, plans and programmes, aiming at
implementation of the Convention through, inter alia:
(i) assisting, upon request, in the development of a strong
legislative foundation as well as technical programmes,
including those on prevention of initiation, promotion of
cessation and protection from exposure to tobacco smoke;
(ii) assisting, as appropriate, tobacco workers in the
development of appropriate economically and legally
viable alternative livelihoods in an economically viable
manner; and
(iii) assisting, as appropriate, tobacco growers in shifting
agricultural production to alternative crops in an
economically viable manner;
(c) support for appropriate training or sensitization
programmes for appropriate personnel in accordance with
Article 12;
(d) provision, as appropriate, of the necessary material,
equipment and supplies, as well as logistical support, for
tobacco control strategies, plans and programmes;
(e) identification of methods for tobacco control, including
comprehensive treatment of nicotine addiction; and
(f) promotion, as appropriate, of research to increase the
affordability of comprehensive treatment of nicotine
addiction.
2. The Conference of the Parties shall promote and facilitate
transfer of technical, scientific and legal expertise and
technology with the financial support secured in accordance
with Article 26.

PART VIII: INSTITUTIONAL ARRANGEMENTS AND FINANCIAL
RESOURCES

Article 23 Conference of the Parties
1. A Conference of the Parties is hereby established. The first
session of the Conference shall be convened by the World
Health Organization not later than one year after the entry
into force of this Convention. The Conference will determine
the venue and timing of subsequent regular sessions at its
first session.
2. Extraordinary sessions of the Conference of the Parties shall
be held at such other times as may be deemed necessary by the
Conference, or at the written request of any Party, provided
that, within six months of the request being communicated to
them by the Secretariat of the Convention, it is supported by
at least one-third of the Parties.
3. The Conference of the Parties shall adopt by consensus its
Rules of Procedure at its first session.
4. The Conference of the Parties shall by consensus adopt
financial rules for itself as well as governing the funding
of any subsidiary bodies it may establish as well as
financial provisions governing the functioning of the
Secretariat. At each ordinary session, it shall adopt a
budget for the financial period until the next ordinary
session.
5. The Conference of the Parties shall keep under regular review
the implementation of the Convention and take the decisions
necessary to promote its effective implementation and may
adopt protocols, annexes and amendments to the Convention, in
accordance with Articles 28, 29 and 33. Towards this end, it
shall:
(a) promote and facilitate the exchange of information pursuant
to Articles 20 and 21;
(b) promote and guide the development and periodic refinement
of comparable methodologies for research and the collection
of data, in addition to those provided for in Article 20,
relevant to the implementation of the Convention;
(c) promote, as appropriate, the development, implementation
and evaluation of strategies, plans, and programmes, as
well as policies, legislation and other measures;
(d) consider reports submitted by the Parties in accordance
with Article 21 and adopt regular reports on the
implementation of the Convention;
(e) promote and facilitate the mobilization of financial
resources for the implementation of the Convention in
accordance with Article 26;
(f) establish such subsidiary bodies as are necessary to
achieve the objective of the Convention;
(g) request, where appropriate, the services and cooperation
of, and information provided by, competent and relevant
organizations and bodies of the United Nations system and
other international and regional intergovernmental
organizations and nongovernmental organizations and bodies
as a means of strengthening the implementation of the
Convention; and
(h) consider other action, as appropriate, for the achievement
of the objective of the Convention in the light of
experience gained in its implementation.
6. The Conference of the Parties shall establish the criteria
for the participation of observers at its proceedings.

Article 24 Secretariat
1. The Conference of the Parties shall designate a permanent
secretariat and make arrangements for its functioning. The
Conference of the Parties shall endeavour to do so at its
first session.
2. Until such time as a permanent secretariat is designated and
established, secretariat functions under this Convention
shall be provided by the World Health Organization.
3. Secretariat functions shall be:
(a) to make arrangements for sessions of the Conference of the
Parties and any subsidiary bodies and to provide them with
services as required;
(b) to transmit reports received by it pursuant to the
Convention;
(c) to provide support to the Parties, particularly developing
country Parties and Parties with economies in transition,
on request, in the compilation and communication of
information required in accordance with the provisions of
the Convention;
(d) to prepare reports on its activities under the Convention
under the guidance of the Conference of the Parties and
submit them to the Conference of the Parties;
(e) to ensure, under the guidance of the Conference of the
Parties, the necessary coordination with the competent
international and regional intergovernmental organizations
and other bodies;
(f) to enter, under the guidance of the Conference of the
Parties, into such administrative or contractual
arrangements as may be required for the effective discharge
of its functions; and
(g) to perform other secretariat functions specified by the
Convention and by any of its protocols and such other
functions as may be determined by the Conference of the
Parties.

Article 25 Relations between the Conference of the Parties and
intergovernmental organizations
In order to provide technical and financial cooperation for
achieving the objective of this Convention, the Conference of
the Parties may request the cooperation of competent
international and regional intergovernmental organizations
including financial and development institutions.

Article 26 Financial resources
1. The Parties recognize the important role that financial
resources play in achieving the objective of this Convention.
2. Each Party shall provide financial support in respect of its
national activities intended to achieve the objective of the
Convention, in accordance with its national plans, priorities
and programmes.
3. Parties shall promote, as appropriate, the utilization of
bilateral, regional, subregional and other multilateral
channels to provide funding for the development and
strengthening of multisectoral comprehensive tobacco control
programmes of developing country Parties and Parties with
economies in transition. Accordingly, economically viable
alternatives to tobacco production, including crop
diversification should be addressed and supported in the
context of nationally developed strategies of sustainable
development.
4. Parties represented in relevant regional and international
intergovernmental organizations, and financial and
development institutions shall encourage these entities to
provide financial assistance for developing country Parties
and for Parties with economies in transition to assist them
in meeting their obligations under the Convention, without
limiting the rights of participation within these
organizations.
5. The Parties agree that:
(a) to assist Parties in meeting their obligations under the
Convention, all relevant potential and existing resources,
financial, technical, or otherwise, both public and private
that are available for tobacco control activities, should
be mobilized and utilized for the benefit of all Parties,
especially developing countries and countries with
economies in transition;
(b) the Secretariat shall advise developing country Parties and
Parties with economies in transition, upon request, on
available sources of funding to facilitate the
implementation of their obligations under the Convention;
(c) the Conference of the Parties in its first session shall
review existing and potential sources and mechanisms of
assistance based on a study conducted by the Secretariat
and other relevant information, and consider their
adequacy; and
(d) the results of this review shall be taken into account by
the Conference of the Parties in determining the necessity
to enhance existing mechanisms or to establish a voluntary
global fund or other appropriate financial mechanisms to
channel additional financial resources, as needed, to
developing country Parties and Parties with economies in
transition to assist them in meeting the objectives of the
Convention.

PART IX: SETTLEMENT OF DISPUTES

Article 27 Settlement of disputes
1. In the event of a dispute between two or more Parties
concerning the interpretation or application of this
Convention, the Parties concerned shall seek through
diplomatic channels a settlement of the dispute through
negotiation or any other peaceful means of their own choice,
including good offices, mediation, or conciliation. Failure
to reach agreement by good offices, mediation or conciliation
shall not absolve parties to the dispute from the
responsibility of continuing to seek to resolve it.
2. When ratifying, accepting, approving, formally confirming or
acceding to the Convention, or at any time thereafter, a
State or regional economic integration organization may
declare in writing to the Depositary that, for a dispute not
resolved in accordance with paragraph 1 of this Article, it
accepts, as compulsory, ad hoc arbitration in accordance with
procedures to be adopted by consensus by the Conference of
the Parties.
3. The provisions of this Article shall apply with respect to
any protocol as between the parties to the protocol, unless
otherwise provided therein.

PART X: DEVELOPMENT OF THE CONVENTION

Article 28 Amendments to this Convention
1. Any Party may propose amendments to this Convention. Such
amendments will be considered by the Conference of the
Parties.
2. Amendments to the Convention shall be adopted by the
Conference of the Parties. The text of any proposed amendment
to the Convention shall be communicated to the Parties by the
Secretariat at least six months before the session at which
it is proposed for adoption. The Secretariat shall also
communicate proposed amendments to the signatories of the
Convention and, for information, to the Depositary.
3. The Parties shall make every effort to reach agreement by
consensus on any proposed amendment to the Convention. If all
efforts at consensus have been exhausted, and no agreement
reached, the amendment shall as a last resort be adopted by a
three-quarters majority vote of the Parties present and
voting at the session. For purposes of this Article, Parties
present and voting means Parties present and casting an
affirmative or negative vote. Any adopted amendment shall be
communicated by the Secretariat to the Depositary, who shall
circulate it to all Parties for acceptance.
4. Instruments of acceptance in respect of an amendment shall be
deposited with the Depositary. An amendment adopted in
accordance with paragraph 3 of this Article shall enter into
force for those Parties having accepted it on the ninetieth
day after the date of receipt by the Depositary of an
instrument of acceptance by at least two-thirds of the
Parties to the Convention.
5. The amendment shall enter into force for any other Party on
the ninetieth day after the date on which that Party deposits
with the Depositary its instrument of acceptance of the said
amendment.

Article 29 Adoption and amendment of annexes to this Convention
1. Annexes to this Convention and amendments thereto shall be
proposed, adopted and shall enter into force in accordance
with the procedure set forth in Article 28.
2. Annexes to the Convention shall form an integral part thereof
and, unless otherwise expressly provided, a reference to the
Convention constitutes at the same time a reference to any
annexes thereto.
3. Annexes shall be restricted to lists, forms and any other
descriptive material relating to procedural, scientific,
technical or administrative matters.

PART XI: FINAL PROVISIONS

Article 30 Reservations
No reservations may be made to this Convention.

Article 31 Withdrawal
1. At any time after two years from the date on which this
Convention has entered into force for a Party, that Party may
withdraw from the Convention by giving written notification
to the Depositary.
2. Any such withdrawal shall take effect upon expiry of one year
from the date of receipt by the Depositary of the
notification of withdrawal, or on such later date as may be
specified in the notification of withdrawal.
3. Any Party that withdraws from the Convention shall be
considered as also having withdrawn from any protocol to
which it is a Party.

Article 32 Right to vote
1. Each Party to this Convention shall have one vote, except as
provided for in paragraph 2 of this Article.
2. Regional economic integration organizations, in matters
within their competence, shall exercise their right to vote
with a number of votes equal to the number of their Member
States that are Parties to the Convention. Such an
organization shall not exercise its right to vote if any of
its Member States exercises its right, and vice versa.

Article 33 Protocols
1. Any Party may propose protocols. Such proposals will be
considered by the Conference of the Parties.
2. The Conference of the Parties may adopt protocols to this
Convention. In adopting these protocols every effort shall be
made to reach consensus. If all efforts at consensus have
been exhausted, and no agreement reached, the protocol shall
as a last resort be adopted by a three-quarters majority vote
of the Parties present and voting at the session. For the
purposes of this Article, Parties present and voting means
Parties present and casting an affirmative or negative vote.
3. The text of any proposed protocol shall be communicated to
the Parties by the Secretariat at least six months before the
session at which it is proposed for adoption.
4. Only Parties to the Convention may be parties to a protocol.
5. Any protocol to the Convention shall be binding only on the
parties to the protocol in question. Only Parties to a
protocol may take decisions on matters exclusively relating
to the protocol in question.
6. The requirements for entry into force of any protocol shall
be established by that instrument.

Article 34 Signature
This Convention shall be open for signature by all Members of
the World Health Organization and by any States that are not
Members of the World Health Organization but are members of the
United Nations and by regional economic integration
organizations at the World Health Organization Headquarters in
Geneva from 16 June 2003 to 22 June 2003, and thereafter at
United Nations Headquarters in New York, from 30 June 2003 to 29
June 2004.

Article 35 Ratification, acceptance, approval, formal
confirmation or accession
1. This Convention shall be subject to ratification, acceptance,
approval or accession by States and to formal confirmation or
accession by regional economic integration organizations. It
shall be open for accession from the day after the date on
which the Convention is closed for signature. Instruments of
ratification, acceptance, approval, formal confirmation or
accession shall be deposited with the Depositary.
2. Any regional economic integration organization which becomes
a Party to the Convention without any of its Member States
being a Party shall be bound by all the obligations under the
Convention. In the case of those organizations, one or more
of whose Member States is a Party to the Convention, the
organization and its Member States shall decide on their
respective responsibilities for the performance of their
obligations under the Convention. In such cases, the
organization and the Member States shall not be entitled to
exercise rights under the Convention concurrently.
3. Regional economic integration organizations shall, in their
instruments relating to formal confirmation or in their
instruments of accession, declare the extent of their
competence with respect to the matters governed by the
Convention. These organizations shall also inform the
Depositary, who shall in turn inform the Parties, of any
substantial modification in the extent of their competence.

Article 36 Entry into force
1. This Convention shall enter into force on the ninetieth day
following the date of deposit of the fortieth instrument of
ratification, acceptance, approval, formal confirmation or
accession with the Depositary.
2. For each State that ratifies, accepts or approves the
Convention or accedes thereto after the conditions set out in
paragraph 1 of this Article for entry into force have been
fulfilled, the Convention shall enter into force on the
ninetieth day following the date of deposit of its instrument
of ratification, acceptance, approval or accession.
3. For each regional economic integration organization
depositing an instrument of formal confirmation or an
instrument of accession after the conditions set out in
paragraph 1 of this Article for entry into force have been
fulfilled, the Convention shall enter into force on the
ninetieth day following the date of its depositing of the
instrument of formal confirmation or of accession.
4. For the purposes of this Article, any instrument deposited by
a regional economic integration organization shall not be
counted as additional to those deposited by States Members of
the organization.

Article 37 Depositary
The Secretary-General of the United Nations shall be the
Depositary of this Convention and amendments thereto and of
protocols and annexes adopted in accordance with Articles 28, 29
and 33.

Article 38 Authentic texts
The original of this Convention, of which the Arabic, Chinese,
English, French, Russian and Spanish texts are equally
authentic, shall be deposited with the Secretary-General of the
United Nations.

IN WITNESS WHEREOF the undersigned, being duly authorized to
that effect, have signed this Convention.

DONE at GENEVA this twenty-first day of May of the year two
thousand and three.

Fourth plenary meeting, 21 May 2003