Bangkok--26 Aug--PHILIP MORRIS
On 26 August 2015, a group of anti-tobacco NGOs held a press conference urging the government to proceed against Philip Morris (Thailand) Limited (“PMTL”) with customs-related charges resulting from a Department of Special Investigations (“DSI”) investigation that began almost ten years ago. In response, Troy Modlin, Branch Manager of PMTL, said:
“These anti-tobacco advocates simply rehash meritless accusations regarding PMTL’s imports that have already been reviewed by various Thai and international agencies having the expertise and authority to address customs matters, all of whom concluded that PMTL did nothing wrong. In particular, declared import prices of duty paid operators such as PMTL and duty free purchase prices are not only directly incomparable but also invalid. This is because the trade channels are treated differently under both Thai and international standards of customs valuation. The prior rulings of the Thai Customs Department, the Customs Board of Appeal, the Customs Post-Clearance Audit Bureau and the World Trade Organization (“WTO”) show that our business practices have always complied with Thai and international law.”
The DSI, which began its investigation in 2006, alleged that PMTL under-declared import prices for cigarettes it imported from the Philippines between 2003 and 2007. More than four years ago, the Public Prosecutor’s office issued a non-prosecution order against the company and its employees after the WTO ruled, in a related case, that Thailand had no basis to reject PMTL’s declared import prices. Because then DSI Director General Tharit Pengdit objected to the non-prosecution order, the case is now pending at the Office of the Attorney-General.
PMTL has cooperated fully with all involved government agencies since the DSI launched its investigation. “We feel strongly that PMTL has done nothing wrong,” Mr. Modlin said. “We trust that the relevant authorities will remain impartial and reject this transparent attempt by anti-tobacco advocates to insert themselves in the legal process to influence the outcome of the government’s deliberations. The fact that these NGOs publicly repeat unfounded allegations about PMTL that have been rejected over and over again by Thai and international experts is totally irresponsible,” Mr. Modlin added.