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Tobacco: Guidance for U.S. Diplomatic Posts on Health, Trade, and Commercial Issues Fact Sheet released by the Bureau of Economic and Business Affairs U.S. Department of State, August 16, 1999

Note: The following guidance on Administration tobacco policy was cabled to all overseas diplomatic missions in February 1998 and February 1999. 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. Given that tobacco use will be the leading cause of premature death and preventable illness early in the 21st century, 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 nondiscriminatory 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 provide equal access to a shrinking global market for tobacco. This policy also conforms to the provisions of Section 618 of the Act Making Appropriations for the Departments of Commerce, Justice, State, the Judiciary, and Related Agencies for Fiscal Year 1998. 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: Posts are encouraged to assist and promote tobacco-control efforts in host countries. Posts should not challenge host country regulations based on sound public health principles, applied in a nondiscriminatory manner to both imported and domestic tobacco or tobacco products, and for which sufficient notice has been given. If a post has reason to believe that such health 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. 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. Posts should continue to provide routine business facilitation services to all U.S. citizens or firms 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 of document]

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