The WHO Framework Convention on Tobacco Control 
was developed in response to the globalization of the tobacco epidemic. The spread of the tobacco epidemic is facilitated by a variety of complex factors with cross-border effects, including trade liberalization, foreign direct investment, and other activities such as global marketing, transnational tobacco advertising, promotion and sponsorship, and the international movement of contraband and counterfeit cigarettes. The WHO FCTC is an evidence-based treaty that reafﬁ  rms the right of all people to the highest standard of health.
Convention Secretariat
WHO Framework Convention on Tobacco ControlWorld Health OrganizationAvenue Appia 20, 1211 Geneva 27, SwitzerlandTel: +41 22 791 50 43 Fax: +41 22 791 58 30Email: fctcsecretariat@who.intWeb: www.who.int/fctc
WHO FRAMEWORK 
CONVENTION  ON 
TOBACCO CONTROL
fctc_cover_traité15_English.indd   1 fctc_cover_traité15_English.indd   1 2010-02-02   09:22:48 2010-02-02   09:22:48WHO FRAMEWORK 
CONVENTION  ON 
TOBACCO CONTROL
fctc_cover_traité15_English.indd   1 fctc_cover_traité15_English.indd   1 2010-01-18   11:54:40 2010-01-18   11:54:40WHO Library Cataloguing-in-Publication Data 
 WHO Framework Conventio n on Tobacco Control. 
 
1.Tobacco - supply and distribution  2.To bacco industry - legislation  3.Tobacco 
smoke pollution - prevention and control  4.Tobacco use cessation  5.Treaties I.World Health Organization.  
     ISBN 978 92 4 159101 0                          (LC/NLM classification: HD 9130.6) 
 
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Printed by the WHO Document Production Services, Geneva, Switzerland. 
 
 WHO Framework Conventio n on Tobacco Control 
 
 
 
 
iii Table of Contents 
Foreword .........................................................................................................................v  
WHO FCTC text .............................................................................................................1  
Preamb le ....................................................................................................................... ....1 
Part I:  Introduction ..............................................................................................4  
Article 1 Use of terms ...............................................................................................4 
Article 2 Relationship between this Convention and other agreements 
and legal inst ruments..................................................................................5 
Part II:  Objective, guiding principles and general obligations ..........................5  
Article 3 Objective ....................................................................................................5 Article 4 Guidi ng Princi ples......................................................................................5 
Article 5 Genera l Obliga tions ...................................................................................7 
Part III:  Measures relating to the reduction of demand 
for tobacco ................................................................................................7  
Article 6 Price and tax measures to  reduce the demand for tobacco.........................7 
Article 7 Non-price measures to reduce the demand  for t obacco..............................8 
Article 8 Protection from e xposure to tob acco smoke ..............................................8 
Article 9 Regulation of the c ontents of tob acco products .........................................9 
Article 10 Regulation of t obacco product di sclosures.................................................9 
Article 11 Packaging and labe lling of tobacco  products .............................................9 
Article 12 Educa tion, communication, traini ng and public awareness .....................10 
Article 13 Tobacco advertising,  promotion and sponsorsh ip ....................................11 
Article 14 Demand reduction measures concerning tobacco dependence 
and cessa tion ............................................................................................13 
Part IV: Measures relating to the red uction of the supply of tobacco ..............13  
Article 15 Illicit trade in tobacco products................................................................13 
Article 16 Sales to  and by minors .............................................................................15 
Article 17 Provision of support for economically viable 
alternative activitie s .................................................................................16 
Part V: Protection of the environment ...............................................................16  
Article 18 Protection of the enviro nment and the heal th of persons .........................16 
Part VI: Questions related to liability ..................................................................17  
Article 19 Liability....................................................................................................17 
Part VII: Scientific and techni cal cooperation and communication 
of information .........................................................................................17  
Article 20 Research, surveillance and exchange of information ...............................17 
Article 21 Reportin g and exchange of  informat ion...................................................19 
Article 22 Cooperation in the scientific, technical and legal fields 
and provision of re lated expe rtise ............................................................20 
Part VIII: Institutional arra ngements and fi nancial resources
............................21  
Article 23 Conference of the Pa rties .........................................................................21 
Article 24 S ecretariat.................................................................................................22 WHO Framework Conventio n on Tobacco Control 
 
 
 
 
iv Article 25 Relations between the Conference of the Parties and 
intergovernmental organiza tions.............................................................. 23 
Article 26 Financ ial res ources .................................................................................. 23 
Part IX: Settlement of disputes ............................................................................ 24  
Article 27 Se ttlement of disputes.............................................................................. 24 
Part X: Development of the convention ............................................................. 25  
Article 28 Amendments to this Convention.............................................................. 25 
Article 29 Adoption and amendment of  annexes to this  Convention ....................... 26 
Part XI: Final Provisions ...................................................................................... 26  
Article 30 Re servati ons............................................................................................. 26 
Article 31 W ithdrawal .............................................................................................. 26 
Article 32 Right  to vote ............................................................................................ 27 
Article 33 Pr otocols .................................................................................................. 27 
Article 34 Si gnature.................................................................................................. 27 
Article 35 Ratification, acceptance,  approval, formal confirmation 
or accession.............................................................................................. 28 
Article 36 Entry into force........................................................................................ 28 
Article 37 Deposita ry................................................................................................ 29 
Article 38 Auth entic texts......................................................................................... 29 
Annex 1: WHA Resolution 56.1 – WHO Framework Convention 
on Tobacco Control ............................................................................... 30  
Annex 2: History of the WHO FCTC process ..................................................... 33  
 WHO Framework Conventio n on Tobacco Control 
 
 
 
 
v FOREWORD 
The WHO Framework Convention on Tobacco Control (WHO FCTC) is the first treaty 
negotiated under the auspices of the World Health Organization. The WHO FCTC is an 
evidence-based treaty that reaffirms the right of all people to the highest standard of health. The WHO FCTC represents a paradigm shift in developing a regulatory strategy to address 
addictive substances; in contrast to previous drug control treaties, the WHO FCTC asserts the 
importance of demand reduction strategies as well as supply issues. 
The WHO FCTC was developed in response to the globalization of the tobacco epidemic. 
The spread of the tobacco epidem ic is facilitated through a variety of complex factors with 
cross-border effects, including trade liberalization and direct foreign investment. Other factors 
such as global marketing, transnational tobacc o advertising, promotion and sponsorship, and 
the international movement of contraband and counterfeit cigarettes have also contributed to 
the explosive increase in tobacco use. 
From the first preambular paragraph, which states that the “Parties to this Convention 
[are] determined to give priority to their righ t to protect public health”, the WHO FCTC is a 
global trend-setter. 
The core demand reduction provisions in the WHO FCTC are contained in articles 6-14:  
  Price and tax measures to reduce the demand for tobacco, and  
  Non-price measures to reduce the demand for tobacco, namely: 
 Protection from exposure to tobacco smoke;  
 Regulation of the contents of tobacco products;  
 Regulation of tobacco product disclosures;  
 Packaging and labelling of  tobacco products;  
 Education, communication, training and public awareness;  
 Tobacco advertising, promot ion and sponsorship; and, 
 Demand reduction measures concerning tobacco dependence and cessation. 
The core supply reduction provisions in the WHO FCTC are contained in articles 15-17:  
  Illicit trade in tobacco products;  
  Sales to and by minors; and, 
  Provision of support for economically viable alternative activities. 
 
Another novel feature of the Convention is the inclusion of a provision that addresses 
liability. Mechanisms for scientific and technical cooperation and exchange of information are 
set out in Articles 20-22. WHO Framework Conventio n on Tobacco Control 
 
 
 
 
vi The WHO FCTC opened for signature on 16 June to 22 June 2003 in Geneva, and 
thereafter at the United Nations Headquarters in New York, the Depositary of the treaty, from 30 June 2003 to 29 June 2004. The treaty, which is now closed for signature, has 168 Signatories, including the European Community, which makes it one of the most widely embraced treaties in UN history.  Member States that have signed the Convention indicate that they will strive in good faith to ratify, accept, or approve it, and show political commitment not 
to undermine the objectives set out in it. Countries wishing to become a Party, but that did not sign the Convention by 29 June 2004, may do so by means of accession, which is a one-step process equivalent to ratification.   
 The Convention entered into force on 27 February 2005 -- 90 days after it has been 
acceded to, ratified, accepted, or approved by 40 States.  Beginning on that date, the forty 
Contracting Parties are legally bound by the treaty's provisions. For each State that ratifies, accepts or approves the Convention or accedes thereto after the conditions set out in paragraph 1 of Article 36 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.  For regional economic integration organizations, the Convention enters into force on the ninetieth day following the date of deposit of its instrument of formal confirmation or accession.   
 
The global network developed over the period of the negotiations of the WHO FCTC will 
be important in preparing for the implementation of the Convention at country level. In the 
words of WHO's Director General, Dr Jong-wook LEE: 
"The WHO FCTC negotiations have already unleashed a process that has 
resulted in visible differences at country level. The success of the WHO FCTC as a tool for public health will depend on the energy and political commitment that we devote to implementing it in countries in the coming years.  A 
successful result will be global public health gains for all." 
For this to materialize, the drive and commitment, which was so evident during the 
negotiations, will need to spread to national and local levels so that the WHO FCTC becomes a 
concrete reality where it counts most, in countries. 
 WHO Framework Conventio n on Tobacco Control 
 
 
 
 
1 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 glob al problem with serious 
consequences for public health that calls for the widest possible international cooperation and 
the participation of all countries in an effect ive, 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 de veloping 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 disa bility, 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 phar macologically 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 eviden ce that prenatal ex posure 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 worl dwide, particularly sm oking 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, WHO Framework Conventio n on Tobacco Control 
 
 
 
 
2 Deeply concerned  about the high levels of smok ing 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 cu rrent and projected need for tobacco control 
activities, 
Recognizing the need to develop appropriate m echanisms to address the long-term 
social and economic implications of succes sful 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 de veloping measures on tobacco control,  
Emphasizing  the special contribution of nongovernmental organizations and other 
members of civil society not affiliated with the tobacco industry, includin g health professional 
bodies, women’s, youth, environmental and consumer groups, and academic and health care 
institutions, to tobacco control efforts natio nally and internationally and the vital importance of 
their participation in national and in ternational 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,  WHO Framework Conventio n on Tobacco Control 
 
 
 
 
3 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, re ligion, 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: 
 WHO Framework Conventio n on Tobacco Control 
 
 
 
 
4 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 Me mber 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” mean s 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 manufactur ers, wholesale distributors and importers 
of tobacco products; 
(f) “tobacco products” means pro ducts 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; 
                                                 
1 Where appropriate, national will refer equally to regional economic integration 
organizations. WHO Framework Conventio n on Tobacco Control 
 
 
 
 
5 Article 2 
Relationship between this Conven tion and other agreements and legal 
instruments 
1. In order to better protect human health, Pa rties 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 accordan ce 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 ag reements 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 su bstantially 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. WHO Framework Conventio n on Tobacco Control 
 
 
 
 
6 2. Strong political commitment is necessary to develop and support, at the national, 
regional and international levels, comprehe nsive 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 consumpt ion of tobacco produ cts in any form; 
(c) the need to take measures to promote the participation of indigenous individuals 
and communities in the development, implem entation and evaluation of tobacco control 
programmes that are socially and culturally appropriate to their ne eds and perspectives; 
and  
(d) the need to take measures to addr ess gender-specific risks when developing 
tobacco control strategies. 
3. International cooperation, particularly tran sfer 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 an d 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 count ry 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. WHO Framework Conventio n on Tobacco Control 
 
 
 
 
7 Article 5 
General obligations 
1. Each Party shall develop, implement, periodically update and review comprehensive multisectoral national tobacco control strategi es, plans and programm es 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 re ducing 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 res ources at their disposal, cooperate to raise 
financial resources for effective implementation of the Convention through bilateral and 
multilateral funding mechanisms. 
PART III: MEASURES RELA TING 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 segm ents of the population, in particular young 
persons. WHO Framework Conventio n on Tobacco Control 
 
 
 
 
8 2. Without prejudice to the sovereign right of the Parties to determine and establish their taxation policies, each Party s hould take account of its nationa l 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 he alth 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 consumpt ion. 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 appropria te 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 exposu re to tobacco smoke in indoor workplaces, 
public transport, indoor public places and,  as appropriate, other public places. WHO Framework Conventio n on Tobacco Control 
 
 
 
 
9 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 na tional 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 accordan ce 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, dece ptive 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 tob acco 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 ap propriate messages. These warnings and 
messages:  
(i) shall be approved by the competent national authority,  WHO Framework Conventio n on Tobacco Control 
 
 
 
 
10 (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 constitu ents 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 la belling used in the retail sale of the 
product. 
Article 12 
Education, communication, training and public awareness 
Each Party shall promote and strengthen pub lic awareness of tobacco control issues, 
using all available communication tools, as appr opriate. Towards this end, each Party shall 
adopt and implement effective legislative, executive, administrative or other measures to 
promote: 
(a) broad access to effective and comprehe nsive educational and public awareness 
programmes on the health risks includi ng the addictive characteristics of tobacco 
consumption and exposure to tobacco smoke; 
(b) public awareness about the health risk s 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; WHO Framework Conventio n on Tobacco Control 
 
 
 
 
11 (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, educat ors, decision-makers,  administrators and 
other concerned persons; 
(e) awareness and participation of public and private agencies and nongovernmental 
organizations not affiliated with the tob acco industry in developing and implementing 
intersectoral programmes and strate gies 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 cons titutional principles, 
undertake a comprehensive ban of all tobacco a dvertising, promotion and sponsorship.  This 
shall include, subject to the legal environment a nd technical means available to that Party, a 
comprehensive ban on cross-border 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 repor t accordingly in conformi ty 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 rest rictions on all tobacco ad vertising, 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 effect s. In this respect, each Party 
shall undertake appropriate legislative, execu tive, administrative and/or other measures and 
report accordingly in conf ormity 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, hea lth effects, hazards 
or emissions; WHO Framework Conventio n on Tobacco Control 
 
 
 
 
12 (b) require that health or other approp riate 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 constitut ional 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 fo rms of tobacco advertising, promotion and 
sponsorship have the sovereign ri ght to ban those forms of cross-border tobacco advertising, 
promotion and sponsorship entering their territ ory 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 comp rehensive ban on cross-border advertising, 
promotion and sponsorship. WHO Framework Conventio n on Tobacco Control 
 
 
 
 
13 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 eff ective 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 edu cational 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 heal th 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 a nd treating tobacco dependence; and 
(d) collaborate with other Parties to facilitate accessibility and affordability for 
treatment of tobacco dependence includin g pharmaceutical products pursuant to 
Article 22. Such products and their constituen ts 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 products  
1. The Parties recognize that the eliminati on 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 esse ntial components of tobacco control. 
2. Each Party shall adopt and implement effect ive legislative, executiv e, 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 WHO Framework Conventio n on Tobacco Control 
 
 
 
 
14 tobacco products, and in accordance with nationa l 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 th eir legal status. In a ddition, each Party shall: 
(a) require that unit packets and packag es 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 pack aging 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 tr ade 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 othe r 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 en able the confiscation of proceeds derived 
from the illicit trade in tobacco products. WHO Framework Conventio n on Tobacco Control 
 
 
 
 
15 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 legisl ative, executive, administrative 
or other measures at the appropriate government level to prohibit the sales of tobacco 
products to persons under the age set by dome stic 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 th e prohibition of tobacco sales to minors and, 
in case of doubt, request that each tobacc o 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 affordabili ty of such products to minors. WHO Framework Conventio n on Tobacco Control 
 
 
 
 
16 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, approv ing 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 intr oduction of tobacco ve nding 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 effect ive legislative, executiv e, 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 shou ld, 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 economica lly viable alternative activities  
Parties shall, in cooperation with each other and with competent international and 
regional intergovernmental organizations, prom ote, as appropriate,  economically viable 
alternatives for tobacco workers, growers an d, 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 cultiva tion and manufacture wi thin their respective 
territories. WHO Framework Conventio n on Tobacco Control 
 
 
 
 
17 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 othe r 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 t obacco 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 liabi lity consistent with 
this Convention. 
4. The Convention shall in no way affect or lim it any rights of access of the Parties to each 
other’s courts where such rights exist. 
5. The Conference of the Parties may consid er, 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 legi slative and other activities in accordance with 
this Article. 
PART VII: SCIENTIFIC AND TECHNICAL COOPERATION AND 
COMMUNICATION OF INFORMATION 
Article 20 
Research, surveillance a nd exchange of information 
1. The Parties undertake to develop and pr omote national research and to coordinate 
research programmes at the regional and internati onal levels in the field of tobacco control.  
Towards this end, each Party shall: WHO Framework Conventio n on Tobacco Control 
 
 
 
 
18 (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 prom ote and encourage research that addresses 
the determinants and consequences of tobacco consumption and exposure to tobacco 
smoke as well as research for iden tification 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 activitie s, including research, implementation and 
evaluation. 
2. The Parties shall establish, as appropriat e, programmes for national, regional and global 
surveillance of the magnitude, patterns, determinants and consequences of tobacco consumption and exposure to tobacco smoke. To wards 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 financia l and technical assistance from international 
and regional intergovernmental organizations a nd other bodies. Each Party shall endeavour to: 
(a) establish progressively a national system  for the epidemiologi cal surveillance of 
tobacco consumption and related soci al, 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 la w, promote and facilitate the exchange of 
publicly available scientific, technical, socioeconomic, commercial and legal information, as 
well as information regarding practices of the t obacco 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 WHO Framework Conventio n on Tobacco Control 
 
 
 
 
19 enforcement, as well as pertinent jurispr udence, and cooperate in the development of 
programmes for regional an d global tobacco control; 
(b) progressively establish and maintain updated data from national surveillance 
programmes in accordance with paragr aph 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 acti vities 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 re sources 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 c onstraints or barriers encountered in its 
implementation of the Convention, and on  the measures taken to overcome these 
barriers; (c) information, as appropriate, on fina ncial and technical assistance provided or 
received for tobacco control activities; 
(d) information on surveillance and res earch 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. WHO Framework Conventio n on Tobacco Control 
 
 
 
 
20 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 a nd strengthen national tob acco 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, le gal 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, includ ing 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 appropriat e, of the necessary material, equipment and supplies, as 
well as logistical support, for tobacco control strategies, plans and programmes;  WHO Framework Conventio n on Tobacco Control 
 
 
 
 
21 (e) identification of methods for tobacco control, including comprehensive 
treatment of nicotine addiction; and 
(f) promotion, as appropriate, of rese arch to increase th e affordability of 
comprehensive treatment of nicotine addiction. 
2. The Conference of the Parties shall prom ote and facilitate transfer of technical, 
scientific and legal expertise and technology w ith the financial support secured in accordance 
with Article 26.  
PART VIII: INSTITUTIO NAL ARRANGEMENTS AND 
FINANCIAL RESOURCES 
Article 23 
Conference of the Parties 
1. A Conference of the Parties is hereby es tablished. The first session of the Conference 
shall be convened by the World Health Organizatio n 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 bod ies 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; WHO Framework Conventio n on Tobacco Control 
 
 
 
 
22 (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 devel opment, implementation and evaluation of 
strategies, plans, and programmes, as well as  policies, legislation and other measures; 
(d) consider reports submitted by the Par ties 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 Conventio n in accordance with Article 26; 
(f) establish such subsidiary bodies as ar e 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, fo r 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 de signate 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 secretaria t 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; WHO Framework Conventio n on Tobacco Control 
 
 
 
 
23 (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 provis ions 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 intergovernment al 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 acco rdance with its national plans, priorities and 
programmes. 
3. Parties shall promote, as appropriate, the u tilization of bilateral, regional, subregional 
and other multilateral channels to provide funding for the development and strengthening of WHO Framework Conventio n on Tobacco Control 
 
 
 
 
24 multisectoral comprehensive tobacco control pr ogrammes 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 regi onal 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 develo ping 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 informat ion, 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 conciliati on. Failure to reach agreement by good offices, WHO Framework Conventio n on Tobacco Control 
 
 
 
 
25 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 co nfirming or acceding to the 
Convention, or at any time thereafter, a State or regional economic integration organization 
may declare in writing to the De positary that, for a dispute not  resolved in accordance with 
paragraph 1 of this Article, it accepts, as com pulsory, ad hoc arbitrat ion 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 Conven tion 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 Depos itary its instrument of acceptance of the said 
amendment. WHO Framework Conventio n on Tobacco Control 
 
 
 
 
26 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 Conventio n 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. WHO Framework Conventio n on Tobacco Control 
 
 
 
 
27 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 vo tes 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 r each consensus. If all efforts at consensus have 
been exhausted, and no agreement reached, the pr otocol shall as a last resort be adopted by a 
three-quarters majority vote of the Parties pres ent 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 Me mbers of the World Health Organization but 
are members of the United Nations and by regional economic integration organizations at WHO Framework Conventio n on Tobacco Control 
 
 
 
 
28 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 rati fication, 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 rati fication, 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 Pa rties, 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, appr oval, 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, accep tance, approval or accession. 
3. For each regional economic integration orga nization 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 WHO Framework Conventio n on Tobacco Control 
 
 
 
 
29 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 authen tic, 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 two thousand and three. 
 WHO Framework Conventio n on Tobacco Control 
 
 
 
 
30 Annex 1: WHA 56.1 WHO Framework Convention 
on Tobacco Control 
The Fifty-sixth World Health Assembly, 
Recalling resolutions WHA49.17 and WHA52.18 calling for the development of a 
WHO framework convention on tobacco cont rol 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;2 
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 entr y 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; 
                                                 
2 Document A56/INF.DOC./7 Rev.1. WHO Framework Conventio n on Tobacco Control 
 
 
 
 
31 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 prepar atory activities referred to in this resolution 
and effectively to encourage prompt entr y 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 
World 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 in order 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 sour ces 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 th e participation of 
nongovernmental organizations shall apply to the activities of the Open-ended 
Intergovernmental Working Group; WHO Framework Conventio n on Tobacco Control 
 
 
 
 
32 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 Par ties, 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.   WHO Framework Conventio n on Tobacco Control 
 
 
 
 
33 Annex 2: History of the WHO FCTC process 
The idea of an international instrument for tobacco was initiated with the adoption of 
Resolution WHA 48.11 in May 1995, requesting the Director-General to report to the Forty-ninth Session of the World Health Assembly on the feasibility of developing an international 
instrument such as guidelines, a declaration, or  an international conven tion on tobacco control. 
As a result of Resolution WHA48.11, WHO was requested to draft a feasibility study 
which was presented by the Director-General to the Ninety-seventh Session of the WHO 
Executive Board (“The Feasibility of an International Instrument for Tobacco Control” (EB97/ 
INF.DOC.4)). During that same session, the Executive Board adopted Resolution EB97.R8, 
"International framework conven tion for tobacco control."  
Later that year, the Forty-ninth Session of the WHA adopted Resolution WHA49.17, 
"International framework conventi on for tobacco control", reques ting the Director-General to 
initiate the development of a Framework Convent ion on Tobacco Control. As a result of this 
resolution, WHO's first treaty-making enterprise was formally launched. 
In 1998 newly-elected WHO Director-General , Dr Gro Harlem Brundtland made global 
tobacco control a priority through the establis hment of a Cabinet Project, the Tobacco Free 
Initiative, to focus international attention,  resources and action upon the global tobacco 
epidemic. New multisectoral partnerships reflecting the nature of the action were developed. 
More importantly, Dr Brundtland worked with Me mber States to secure a negotiating mandate 
for the Framework Convention on Tobacco Control and set about the task of mobilizing public and political opinion in favour of global rules for tobacco control. 
In May 1999 the Fifty-second World Health Assembly paved the way for multilateral 
negotiations on the WHO Framework Conventi on on Tobacco Control and possible related 
protocols. Resolution WHA52.18 established two bo dies to draft the framework convention, to 
complete negotiations and to submit the final text for consideration by the Fifty-sixth World Health Assembly. These two bo dies included a technical wo rking group to prepare the 
proposed draft elements of the Framework Convention; and an intergovernmental negotiating body to draft and negotiate the proposed Framework Convention and possible related protocols. Both bodies were open to all Member States and regional economic integration organizations to which their Member States had transferred competence over matters related to 
tobacco control. 
The working group held two sessions in Geneva (25-29 October 1999 and 27-29 March 
2000). Its output was a document with provisional texts of proposed draft elements for the Framework Convention, submitted to the Fifty-third World Health Assembly with   the comments of the working group
1. In Resolution WHA53.16, the Health Assembly called 
upon the Intergovernmental Negotiating Body to commence negotiations with an initial focus WHO Framework Conventio n on Tobacco Control 
 
 
 
 
34 on the draft Framework Convention without prejudice to future discussions on possible protocols, to report progress to the Fifty-fourth World Health Assembly, and to examine the 
question of extended participation by nongovernmental organizations as observers. 
The first session of the Intergovernmental Negotiating Body (Geneva, 16-21 October 
2000) was preceded by a public hearing on issues surrounding the Framework Convention. 
The Director-General convened this hearing in order to provide a forum for the public health community, the tobacco industry and farmers’ gr oups to submit their case; records of the 
proceedings were made available to the Negotia ting Body and, through the WHO web site, to 
the public. At the first session, Ambassador Cels o Amorim of Brazil was elected as Chair, and 
a bureau was established with Vice-Chairs from  Australia, India, Islamic Republic of Iran, 
South Africa, Turkey and the United States of America. The provisional texts of the proposed 
draft elements for a WHO Framewor k Convention on Tobacco Control 
2, which had been 
prepared by the working group, were accepte d as a sound basis for initiating negotiations. 
Subsequently, Ambassador Amorim prepared a Chair’s text of the Framework Convention on Tobacco Control 
3; this first draft was released in January 2001 as a basis for further 
negotiations at the second session. 
A report on participation of nongovernmental organizations in the work of the 
Negotiating Body was presented to the Executive Board at its 107th session in January 20014. 
In accordance with the provisions of decision EB 107(2) of the Executive Board, the Chairman 
of the Board acting jointly with the Chairman of the Standing Committee on Non-Governmental Organizations admitted two nongovernmental organizations, the International Nongovernmental Coalition Against Tobacco and Infact, into official relations with WHO as 
of 26 April 2001
5. 
In further preparation for the second session of the Negotiating Body, regional 
intersessional consultations were convened in  most regions and subregions. Additional 
regional and subregional inters essional consultations took place in preparation for each of the 
subsequent sessions of the Negotiating Body.  
At the second session of the Negotiating Body (Geneva, 30 April – 5 May 2001), 
responsibility for consideration of the propose d draft elements was divided between three 
working groups. The principal output was the set of three Co-Chairs’ working papers, an 
inventory of textual proposals made at the session merged with the Chair’s original text. These 
working papers became the rolling draft text of the Framework Convention. 
At the third session (Geneva, 22-28 November 2001), two working groups issued 
revised texts and Working Group One later drafted a text. These documents were used to 
further negotiations during the fourth session.  
Having taken over as Permanent Representative of Brazil in Geneva in replacement of 
Ambassador Amorim, Ambassador Seixas Corrêa was elected as Chair of the WHO Framework Conventio n on Tobacco Control 
 
 
 
 
35 Intergovernmental Negotiating Body on th e WHO Framework Conv ention on Tobacco 
Control during its fourth session (Geneva, 18-23 March 2002). 
It was agreed that Ambassador Seixas Corrêa should prepare a new Chair’s text, which 
would form the basis of negotiations during the fifth session of the Negotiating Body (14-25 October 2002). The text was released in July 2002. An international technical conference on illicit trade in tobacco products was hosted by the United States of America at the United 
Nations Headquarters in New York (30 July – 1 August 2002). 
The first four sessions of the Negotiating  Body had considered numerous textual 
alternatives. Concerted deliberations at the fifth session narrowed the options, resulting in 
more focused negotiations. After a first reading, in plenary, of the new Chair’s text, six issues were identified and discussed in open-ended informal meetings: advertising, promotion and sponsorship; financial resources; illicit trade in  tobacco products; liability and compensation; 
packaging and labelling; and trade and health. Informal groups also held discussions on legal, institutional and procedural issues and use of terms. Substantial advances in the negotiations 
were made and consensus was reached in severa l areas. On the basis of the outputs of the 
informal sessions and the intersessional consultations with various delegations and groups of delegations, Ambassador Seixas Corrêa issued  a revised Chair’s te xt of a Framework 
Convention on Tobacco Control on 15 January 2003. 
The sixth and final session of the Negotiating Body ran from 17 February - 1 March 
2003. The negotiations were intense and broad ra nging. Two important issues, advertising, 
promotion and sponsorship and financial resources, were discussed in two informal groups. At the final plenary meeting, the Negotiating Body agreed to transmit the text to the Fifty-sixth World Health Assembly for consideration for adoption in accordance with Article 19 of the Constitution. It also agreed that the discussion of protocols should be postponed until that Health Assembly, at which there would be time for consideration of the matter. At its final plenary meeting, the Negotiating Body agreed that the Chair of the Negotiating Body should draft a resolution recommending adoption of the WHO Framework Convention on Tobacco Control by the Health Assembly
6. The final draft of the WHO Framework Convention on 
Tobacco Control 7 was thus submitted to the Health Assembly for consideration for adoption, 
pursuant to Resolution WHA52.18.  
On 21 May 2003, the 56th World Health Assembly, unanimously adopted the WHO 
Framework Convention on Tobacco Control8. The Convention was opened for signature, for a 
period of one year, from 16 June 2003  to 22 June 2003  at WHO headquarters in Geneva and 
thereafter at United Nations Headquarters in New York, from 30 June 2003 to 29 June 2004.  
The WHO Framework Convention on Tobacco Control is a landmark for the future of 
global public health and has major implications for WHO’s health goals. The conclusion of the 
negotiating process and the unanimous adoption of the WHO Framework Convention on Tobacco Control, in full accordan ce with Health Assembly resolutions, represents a milestone WHO Framework Conventio n on Tobacco Control 
 
 
 
 
36 for the promotion of public health and provides new legal dimensions for international health 
cooperation. 
1 Document A53/12. 
2 Document A/FCTC/INB1/2. 
3 Document A/FCTC/INB2/2. 
4 Document EB107/19. 
5 Document A/FCTC/INB2/6 Add.1. 
6 This draft resolution is contained in document A56/8/REV.1. 
7 See document A56/8, Annex. 
8 WHO Document WHA56.1 
 The WHO Framework Convention on Tobacco Control 
was developed in response to the globalization of the tobacco epidemic. The spread of the tobacco epidemic is facilitated by a variety of complex factors with cross-border effects, including trade liberalization, foreign direct investment, and other activities such as global marketing, transnational tobacco advertising, promotion and sponsorship, and the international movement of contraband and counterfeit cigarettes. The WHO FCTC is an evidence-based treaty that reafﬁ  rms the right of all people to the highest standard of health.
Convention Secretariat
WHO Framework Convention on Tobacco ControlWorld Health OrganizationAvenue Appia 20, 1211 Geneva 27, SwitzerlandTel: +41 22 791 50 43 Fax: +41 22 791 58 30Email: fctcsecretariat@who.intWeb: www.who.int/fctc
WHO FRAMEWORK 
CONVENTION  ON 
TOBACCO CONTROL
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