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the KTA Policy & Regulations The Kahnawį:ke Tobacco Association is proud
to present our Policy and Regulations. We will not fail - We refuse
to exist on our knees - We are Kanien'keha:ka - It's
Time KAHNAWAKE
TOBACCO ASSOCIATION Policy
| Regulations | Board
of Representatives | Membership
| Tobacco Grower | Manufacturing
| Wholesaler | Retailer
| Transportation | Compliance
| Suspensions | Appeal 1. The Kahnawake Tobacco Association consists of
Kahnawake Mohawk Peoples. We are a legislative body; we make policy,
enforce and control all aspects of trade and commerce of tobacco
products on the Mohawk Territory of Kahnawake for the benefit
of our Mohawk Peoples and to protect our Mohawk sovereignty. 14. The Kahnawake Tobacco Association is and shall
always remain a non-profit organization. 26. The Kahnawake Tobacco Association will select
the Board of Representatives from its membership in good standing.
32. Must be an Onkwehon:we and resident of Kahnawake.
40. A member of the Kahnawake Tobacco Association
in good standing. 48. A member of the Kahnawake Tobacco Association
in good standing. 59. A member of the Kahnawake Tobacco Association
in good standing. 72. A member of the Kahnawake Tobacco Association
in good standing. 82. Only Kahnawake Tobacco Association members in
good standing or their authorized employees are entitled to transport
or transfer for trade and commerce, tobacco products in Kahnawake
and Nation to Nation. 87. The Kahnawake Tobacco Association's Board of
Representatives is responsible and has the sole authority to establish
compliance controls and enforcement procedures to uphold all policies
and regulations. 90. Suspension of Kahnawake Tobacco Association
members privileged to operate/sell or purchase tobacco products
will occur after three infraction warnings. 98. The Kahnawake Tobacco Association member, suspended
or revoked, permanently or temporarily, can make an appeal before
a disciplinary appeal committee within seven days after the decision
has been made.
This document is being presented in the spirit of cooperation,
as we operate openly and with complete transparency.
Our objective is the development of an economic base by means
of promoting self-sufficiency through economic development
in a fair and responsible environment.
We are exercising our rights and jurisdictions to
operate tobacco trade and commerce on Mohawk Territory,
without interference.
We are Kanien'keha:ka of Kahnawake. We are Haudenosaunee.
We adhere to the values, principles and spirit of the Kaienerekowa
- PEACE, RIGHTEOUSNESS AND POWER, for not one of these is
possible without the other two.
We contribute resources to our Peoples, to be used to benefit
and improve the quality of life, now and for that of future generations
- the Next Seven Generations ahead, the ones not yet born.
As Sovereign Peoples, endowed by our Creator with
certain unalienable, fundamental and inherent rights, LIFE,
LIBERTY AND THE PURSUIT OF HAPPINESS, self-preservation being
the first law of nature, requires that our peoples have our
own economy and the right to develop and exploit that
economy.
As Mohawk Peoples, our existence has been from time
immemorial. We have survived 500 years of murder, colonization,
thievery, treachery, racism and incarceration.
We are strong and will stand tall
and proud on our own two feet.
TOBACCO POLICY
2. We are Mohawks, we are Haudenosaunee, we adhere to the values
and the principles of the Kanienkeha:ka and to the spirit of the
Kaianerekowa (The Great Law of Peace) - Peace, Righteousness and
Power - for not one of these is possible without the other two.
3. Mohawk history and law as recorded in oral tradition and passed
down through our ancestors, are that the predecessors of the present
day Canadians, the Dutch, French and English colonist, bound themselves
to the Mohawks and other original Peoples to honour and to live
by the principles of the Two Row Wampum.
4. The Two Row Wampum is a statement of principle governing the
relationship between the Mohawk Peoples and Non-Mohawk people.
It is founded on Peace, Friendship and Respect.
5. The principles of the Two Row Wampum are expressed and recorded
in both Mohawk and Non-Mohawk historical records, which include
the Treaty of Alliance made in 1614, the Silver Covenant Chain,
the Treaty made surrendering New Netherland to the British in
1664, the Treaty made at Albany, in 1664, the 1713 Treaty of Utrecht,
the Treaty made at Oswegatchie in 1760, the Royal
Proclamation of 1763, the Treaty made at Fort Stanwix in 1784,
the Treaty made at Canadaigua in 1794, the 1814
Treaty of Ghent.
6. Mohawk law and history have always regarded and interpreted
these Treaties and statements of principles as being consistent
with the Two Row Wampum and as a continuation of our sovereign
and independent status.
7. Mohawk Peoples are entitled to keep our own laws and ways without
interference by Non-Mohawks.
8. As sovereign Peoples, endowed by our creator with certain unalienable,
fundamental and inherent rights - Life, Liberty, Self-Preservation
and the Pursuit of Happiness. Self-Preservation being the first
law of nature requires that our Peoples have our own economy and
the right to develop and exploit that economy.
9. To reach our goals, we will use the spirit of the Kaianerekowa,
the Two Row Wampum, our inherent rights, tax immunity, common
law, international treaties and intellectual property. Our policy
is made as a guideline to insure survival and prosperity.
10. Our policy is made with our people in mind. Human birth is
an act of nature and all humanity is equally subject to nature's
law of death. No one has the right of lordship over others. THE
MORE ABLE ONLY HAVE THE RIGHT TO HELP THOSE LESS ABLE. Appointed
leaders of governments only have the right to be the voice and
will of the people, that all may share the bounties of nature
and know Peace and Happiness.
11. Our objective is to develop an economic base, by means of
promoting self- sufficiency through economic development in a
fair and responsible trade and commerce environment.
12. We are exercising our right to grow, manufacture, trade, sell
or barter, to purchase and transport any product that is available
within the international world community, for the betterment of
our peoples, to alleviate poverty and dependency, within our community
and amongst our peoples.
13. Our trade and commerce in the tobacco industry in Kahnawake
is a large economic force. We are exerting our right to self-regulate,
as a legislative body of our industry, without interference from
outside influence and will continue to grow for the benefit of
our peoples.
15. Kahnawake Tobacco Association members and any person subject
to the application of this policy and the regulations, will, at
all times, preserve and protect our inherent rights as Mohawks
of Kahnawake.
16. This policy and regulations, apply to: A) The grower, manufacturer,
wholesaler, retailer and transportation of all tobacco products
for trade and commerce. B) All persons who engage in the growing,
manufacture, wholesale, retail, and transport of tobacco products,
within the Mohawk Territory of Kahnawake, including those persons
who are in the territory temporarily for the purpose of conducting
any of the activities to which this policy and the regulations
apply.
17. This policy and regulations serve as a basis for co-operation,
mutual assistance and possible creation of trade and commerce
agreements between Mohawks of Kahnawake and other Indigenous and
non-Indigenous communities. Our policy and regulations are not
dependent on the ratification or approval of any other jurisdiction
or regulatory body.
18. For the purpose of trade and commerce, only members of the
Kahnawake Tobacco Association, will engage in the growing, manufacturing,
wholesaling, retailing and transport of all tobacco products within
the territory, in accordance with this policy and its regulations.
19. Only Onkwehon:we community members shall be allowed membership
to the Kahnawake Tobacco Association.
20. Only members of the Kahnawake Tobacco Association can conduct
the trade and commerce of all tobacco products on Mohawk Territory
of Kahnawake.
21. All members must be in good standing to conduct any and all
tobacco business.
22. All Kahnawake Tobacco Association members must follow all
policies and regulations set forth by the Kahnawake Tobacco Association.
23. The Kahnawake Tobacco Association shall retain exclusive rights
to make policy and regulations for the trade and commerce, growing
and transportation of all tobacco products.
24. All members of the Kahnawake Tobacco Association, who are
growers, manufacturers and wholesalers, must only sell to recognized
Kahnawake Tobacco Association members in good standing.
25. The Kahnawake Tobacco Association may, at any time, by resolution
from its Board of Representatives, when necessary, make amendments
to its policies and regulations.
27. From the Kahnawake Tobacco Association Board of Representatives
a spokesperson will be selected.
28. The Board of Representatives, as mandated by the membership,
will uphold; enforce disciplinary measures of; and draft all proposals
for, the policies and regulations of the Kahnawake Tobacco Association.
29. The Board of Representatives will set prices and mandatory
contributions, to be collected using our sticker system, and administered
for the benefit of our Mohawk peoples of Kahnawake.
30. The Seven Generations Heritage Fund will be managed by the
Kahnawake Tobacco Association Board of Representatives.
31. The Board of Representatives term of office shall be determined
by the Kahnawake Tobacco Association membership.
33. Must be an owner of a tobacco related business, be it grower,
manufacturer, wholesaler, retailer, or transporter.
34. Must be approved by Kahnawake Tobacco Association membership
and reviewed yearly.
35. Membership remains in force until it is revoked or surrendered.
36. Membership is not transferable except with the written permission
of the Kahnawake Tobacco Association.
37. If membership is refused, a written explanation will be given
to applicant.
38. Any Kahnawake Tobacco Association member caught dealing in
drugs in his or her place of business will have their membership
permanently revoked for life.
39. All Board members shall conduct themselves in a professional
manner. Abuse of authority will not be tolerated and may be a
cause for termination.
41. A member conducting a business in the growing of the tobacco
plants, which will be used in the trade and commerce in the tobacco
industry.
42. The grower must sell the end product, aged or ready to use
tobacco leaf to a Kahnawake Tobacco Association manufacturing
member in good standing.
43. The grower can conduct trade and commerce of tobacco products,
nation to nation, as long as the mandatory contribution sticker
is affixed to the product.
44. Must conduct business in a healthy and environmentally safe
manner.
45. Must follow all policies and regulations set forth by the
Kahnawake Tobacco Association.
46. Must accept and abide by any and all disciplinary decisions
rendered by the Board of Representatives (e.g. possible suspension
or revocation).
47. Must display in a public place, within the tobacco growers
premises, a Kahnawake Tobacco Association membership grower certificate.
49. A member conducting a business in the manufacturing of any
and all tobacco leaf products, for trade and commerce in the tobacco
industry. (e.g. all cigarette making, packaging of cut or uncut
loose tobacco leaf).
50. The manufacturer must sell end tobacco manufactured product
to a Kahnawake Tobacco Association wholesaler in good standing.
51. The manufacturer can conduct trade and commerce of tobacco
products, nation to nation, as long as the mandatory contribution
sticker is affixed to the product.
52. Must conduct business in a healthy and environmentally safe
manner.
53. Must follow all policies and regulations set forth by the
Kahnawake Tobacco Association.
54. Must accept and abide by any and all disciplinary decisions
rendered by the Board of Representatives (e.g. possible suspension
or revocation)
55. Must display in a public place, in the manufacturers business
premises, a Kahnawake Tobacco Association membership manufacturer
certificate.
56. All manufactured end products for sale to Kahnawake Tobacco
Association wholesalers, in good standing, must have the mandatory
contribution sticker affixed to the individual package or carton.
57. Manufacturer must purchase the mandatory contribution sticker
from the Kahnawake Tobacco Association office only.
58. All manufactured tobacco products must have the mandatory
contribution sticker affixed to the individual package or carton,
no matter where the final destination of product is (e.g. nation-to-nation,
manufacturer to wholesaler).
60. A member conducting a wholesale business in the tobacco industry,
trade and commerce in any and all tobacco products (e.g. cigarettes
packaged in bag or carton, packaged loose tobacco, cut or uncut).
61. In Kahnawake, the wholesaler must sell only to a Kahnawake
Tobacco Association retailer in good standing.
62. The wholesaler can conduct trade and commerce of tobacco products,
nation to nation, as long as the mandatory contribution sticker
is affixed to the product.
63. Must conduct business in a healthy and environmentally safe
manner.
64. Must follow all policies and regulations set forth by the
Kahnawake Tobacco Association.
65. Must accept and abide by any and all disciplinary decisions
rendered by the Board of Representatives (e.g. possible suspension
or revocation).
66. Must display, in a public place, in the wholesalers business
premises, a Kahnawake Tobacco Association membership wholesalers
certificate.
67. It is the responsibility of the wholesaler to only sell tobacco
products with the mandatory contribution sticker affixed to products.
68. All wholesalers conducting trade and commerce of tobacco products
to the Kahnawake Tobacco Association retailers must only sell
tobacco products having the mandatory contribution sticker affixed
to the individual packages or cartons.
69. The wholesaler must purchase the mandatory contribution sticker
from the Kahnawake Tobacco Association office only.
70. All wholesalers of tobacco product must have the mandatory
contribution sticker affixed to the individual package or carton,
no matter where the final destination of product is (e.g. nation
to nation, wholesaler to retailer).
71. The wholesaler can conduct trade and commerce nation to nation
as long as the mandatory contribution sticker is affixed to product.
73. A member conducting retail business in the tobacco industry,
trade and commerce in any and all tobacco products (e.g. packaged
cigarette packs or cartons, loose tobacco in bags, etc.).
74. The retailer will sell only to the public at the retail price.
75. Must conduct business in a healthy and environmentally safe
manner.
76. Must follow all policies and regulations set forth by the
Kahnawake Tobacco Association.
77. Must accept and abide by any and all disciplinary decisions
rendered by the Board of Representatives (e.g. possible suspensions
or revocation).
78. Must display in a public place, in the retail business premises,
a Kahnawake Tobacco Association membership "retail" certificate.
79. Outside sign should display only: · Name of store · Products
sold · No prices
80. All retailers conducting trade and commerce of tobacco products
to the public for sale must only sell tobacco products having
the mandatory contribution sticker affixed to the individual packages
or cartons.
81. It is the responsibility of the retailer to make sure products
sold to the public are only purchased from a Kahnawake Tobacco
Association wholesaler in good standing.
83. All tobacco products must be transported in a proper manner
in a covered or closed truck or vehicle.
84. Must conduct business in a healthy and environmentally safe
manner.
85. Must follow all policies and regulations set forth by the
Kahnawake Tobacco Association.
86. Must accept and abide by any and all disciplinary decisions
rendered by the Board of Representatives (e.g. possible suspension
or revocation).
88. The Board of Representatives, as mandated by its members,
will hire a compliance team.
89. The compliance team has the responsibility to uphold the Kahnawake
Tobacco Association policies and regulations, and in his or her
duties, for inspection purposes:
A) Investigate all possible infractions and breaches.
B) Have access, for inspection purposes, at any reasonable time,
to the place where the Kahnawake Tobacco Association membership
certificate is displayed.
C) Make daily reports to the Kahnawake Tobacco Association's Board
of Representatives, of their activities and findings, with recommendations
for actions to be taken, if necessary.
D) Carry out all directive actions from the Board of Representatives
(e.g. suspension of membership).
E) Special attention will be given to imminent danger to human
or environmental safety.
91. An infraction consists of a breach of any provision of the
Kahnawake Tobacco Association policies and regulations.
92. After second infraction warning, member must appear before
the Board of Representatives.
93. The third infraction warning is an automatic suspension of
membership. The Board of Representatives will determine length
of suspension.
94. When a member is suspended, he or she must cease all operations
and the privilege to purchase or sell tobacco products is revoked.
95. Certificate of membership must be returned upon revocation.
96. Permanent suspension of the Kahnawake Tobacco Association
member will occur if:
A) Member is caught selling drugs
B) Board of Representatives deems appropriate
97. All infractions and breaches will be thoroughly investigated.