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It takes the form of trade in both counterfeit Cigarettes and genuine products, which are smuggled into the EC without payment of any applicable EC or Member State tax or duty, or unlawfully introduced from low-tax jurisdictions into higher-tax jurisdictions; B illicit traffic in Cigarettes is against the public interest in tax collection, transparent markets, and the protection of lawful competition.
As such, illicit traffic in Cigarettes is against the interests of the EC, the Member States, as well as Japan Tobacco Companies and their stakeholders, including employees, customers, business partners and shareholders; C the problem of illicit traffic in Cigarettes calls for binding cooperative efforts between the tobacco industry, the Member States and the EC aimed at eliminating the flow of contraband and counterfeit and consequent loss of revenues; D Japan Tobacco Companies recognise that creating a system to provide the EC and Member States with the effective and timely ability to track and trace sales of Japan Tobacco Cigarettes is an important component of their commitment to fight the trade in Illegal Product.
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Affiliate means, in relation to any Party, any direct or indirect subsidiary, as may be from time to time. Agreement means this agreement as it may be varied or modified from time to time.
Authorised Individuals means the personnel designated pursuant to sub-Clause 7. Blocked Customer or Blocked Contractor means a Certified Customer, Certified Contractor, Second Purchaser or Subsequent Purchaser who is precluded from conducting business relations with Japan Tobacco Companies for a period of 5 years in accordance with sub-Clauses 5.
Business Day means a day other than a Saturday, Sunday, or a statutory public holiday in Belgium or Switzerland. Carton means packaging for approximately Cigarettes, normally contained in 10 Packs. Chief Compliance Officer means the individual with responsibility for all compliance issues, including those pursuant to this Agreement.
For the purposes of this Agreement, 0.
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Compliance Order means the order which the EC may seek from the arbitrator requiring Japan Tobacco Companies to bring themselves into compliance with the Agreement.
Contraband Cigarettes means Cigarettes that have been imported into, distributed in, or sold in a Member State, or were en route to a Member State for sale in that Member State, in violation of the applicable tax, duty or other fiscal laws of that Member State or the EC, but, for the purposes of this Agreement, shall exclude Counterfeit Cigarettes. Contractor means any individual or business, other than a First Purchaser or an Affiliate of a Japan Tobacco Company engaged by Japan Tobacco Companies to provide distribution or storage services for Japan Tobacco Cigarettes, or a non - Affiliate of Japan Tobacco Companies engaged in the manufacture under license of products bearing Japan Tobacco Trademarks.
Cooperating Company means a company that has entered into a svars loss clubs gold coast agreement with the EC and some or all of the Member States which covers cooperation in the 49 mārciņas svara zudums against counterfeit and contraband cigarettes and which includes obligations in relation to know your customer, track and trace and monetary payments.
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Counterfeit Cigarettes means Cigarettes bearing a trademark of a Cigarette manufacturer that are manufactured by a third party without the consent of that Cigarette manufacturer, but shall in no event include: i Cigarettes manufactured by the trademark holder or any affiliate thereof, regardless of the actual or intended market of distribution; ii Cigarettes bearing a trademark of a Cigarette manufacturer using tobacco either produced by or sold by that Cigarette manufacturer; or iii Cigarettes bearing a trademark of a Cigarette manufacturer that are packaged in genuine packaging of that Cigarette manufacturer, including genuine Cartons and Packs of that Cigarette manufacturer.
Counterfeit Japan Tobacco Cigarettes means Cigarettes bearing a Japan Tobacco Trademark that are manufactured by a third party without the consent of Japan Tobacco Companies, but shall in no event include: i Cigarettes manufactured by Japan Tobacco Companies or any Affiliate thereof, regardless of the actual or intended market of distribution; or ii Cigarettes bearing a Japan Tobacco Trademark using tobacco either kā zaudēt svaru par abilify by or sold by Japan Tobacco Companies, or iii Cigarettes bearing a Japan Tobacco Trademark that are packaged in genuine Japan Tobacco Companies packaging, including genuine Japan Tobacco Companies Cartons and Packs, unless Japan Tobacco Companies can demonstrate that such genuine Japan Tobacco Companies packaging materials were stolen from Japan Tobacco Companies.
Dispute means a controversy, claim, disagreement or dispute arising out of, or relating to, this Agreement.
First Purchaser means any individual or business, other than an Affiliate of a Japan Tobacco Company, to whom or to which Japan Tobacco Companies directly sell Cigarettes. Governance Meetings means the meetings referred to in Clauses 8 and 9. Illegal Product means Contraband or Counterfeit Cigarettes. Intended Market of Retail Sale means the market that Japan Tobacco Companies intend as, and have agreed with the Certified Customer will be, the market of either domestic retail or duty-free retail sale for Japan Tobacco Cigarettes when Japan Tobacco Companies sell such Cigarettes to Certified Customers.
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International Japan Tobacco Trademarks means any and all of the trademarks set out in Annex 1. Japan Tobacco Cigarettes mean Cigarettes carrying Japan Tobacco Trademarks manufactured by any Japan Tobacco Company, any Affiliate of a Japan Tobacco Company or a Japan Tobacco Company licensee or contract manufacturer and, for the avoidance of any doubt, excludes any Cigarettes carrying any other trademarks which were acquired by any Japan Tobacco Company subsequent to 1 April Japan Tobacco Trademarks means any and all of the trademarks set out in Annex 2.
List of Arbitrators means the list of arbitrators at Annex 4. Master Case means packaging for approximately 10, Cigarettes. Member States means States that are members of the European Union.
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Pack means packaging for approximately 20 Cigarettes. Participating Member States means those Member States whose signatures to this Agreement have been delivered to Japan Tobacco Companies by the Execution Date together with those Member States that subsequently accede to this Agreement in accordance with Clause Request for Termination means a written request pursuant to Clause 5.
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Reynolds Tobacco Company a Delaware corporationR. Reynolds Tobacco International, Inc. Reynolds Tobacco Holdings, Inc. Reynolds Global Products, Inc. Second Purchaser means any individual or business to whom or to which First Purchasers directly sell one thousand or more Master Cases of Cigarettes in any 12 month period. Subsequent Purchaser means any individual or business to whom or to which Second Purchasers directly or indirectly sell one thousand or more Master Cases of Cigarettes in any 12 month period.
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Termination Notice means a notice pursuant to Clause 12, served pursuant to the processes in Clause 15 specifying the nature of any material breach in sufficient detail so as to enable the Party in receipt to evaluate what action it should take.
The EC and Participating Member States agree that consent to a reasoned request for a reasonable extension under this sub-Clause shall not be unreasonably withheld.
With respect to any such entity, any time limits in sub-Clauses 3. Internal Communication 3.
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These field and regional compliance tauku dedzināšana ziepes will report, through the compliance management structure, to the Chief Compliance Officer. Japan Tobacco Companies shall provide OLAF with a comprehensive and up-to-date list of its appointed field and regional compliance officers on the first anniversary of the Execution Date and on each anniversary of the Execution Date thereafter.
Delegation of Authority 4. Performance Reviews 4. Training Programmes 4.
Reporting of Suspicious Activity 4. To the extent permitted by law, the identity of the reporting employee will be kept confidential, if so requested by the employee.
KYC programmes 5.
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The EC and Participating Member States agree that consent to a reasoned request for a reasonable extension under this sub-Clause shall not be unreasonably withheld. In the event that Japan Tobacco Companies reject the Request for Termination, they shall provide the reasons for that decision. If the dispute has not been resolved within 30 days of this meeting or within 90 days of the Request for Termination, whichever is earlier, OLAF may bring the dispute before the arbitrator in accordance with Clause 14 of this Agreement and request an order from the arbitrator requiring that Japan Tobacco Companies terminate the business relationship with the relevant person or entity, and that the person or entity so terminated be listed as a Blocked Customer or a Blocked Contractor.
After the expiration of the 5-year period, a Blocked Customer or a Blocked Contractor may reapply to become a Certified Customer or Certified Contractor and, at that time, shall be subject to the then applicable KYC programmes. Accountability svars loss clubs gold coast Payments 5. The reasons for granting any exception shall be documented, and shall become part of the Certified Customer or Certified Svars loss clubs gold coast records kept pursuant to sub-Clause 5.