Senecas tell feds PACT snuffs out jobs

WASHINGTON, D.C. (RELEASE) - Seneca Nation Tribal Council Chairman Richard E. Nephew today told federal regulators the PACT Act will eliminate 3,000 Western New York jobs and gut the Nation's $100 million a year tobacco economy.

"This is tragic day for the Seneca Nation. It is tragic because the PACT Act reflects a targeted effort by the United States government to destroy a significant economic opportunity for our nation and to give power over Indian nations to state governments," Nephew told U.S. Department of Justice Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) representatives.

"The PACT Act is the culmination of a concerted effort by the United States government, the 50 states, anti-smoking organizations, and the largest cigarette company in the world to destroy the cigarette mail order businesses operated by our people. We have been demonized by these interests as promoters of terrorism, and sellers of cigarettes to children with no substantial evidence from the BATFE to support these assertions," Nephew said. "In our view, we have been targeted for economic destruction by the very government that pledged to us in 1794 that it would protect us from harm and further economic destruction."

The Senecas and other tribal nation view the PACT Act as a deliberate violation of Native American treaty rights.

The PACT (Prevent All Cigarette Trafficking) Act, which was approved by Congress and the Senate this spring and signed into law by President Barack Obama on March 31, bans U.S. Postal Service shipment of cigarettes ordered via the Internet or telephone. The ban goes into effect on June 29.

While several other tribal nations across the U.S. sell tobacco products, the Senecas dominate the Native American tobacco industry with some 80 percent of total sales.

Nephew reminded the BATFE panel the Senecas have been praised by the agency for their state-of-the-art 'stamping' procedures which track cigarette importation, sale and export. He noted the Senecas and other Nations were never given an opportunity to detail their efforts to control illegal sales during the PACT Act approval process.

"Destroying mail order cigarette sales will not result in one less cigarette from being sold. But it will eliminate the ability of consumers across the United States to purchase reasonably-priced cigarettes and force them to purchase premium brands manufactured by Philip Morris and other major tobacco companies. Make no mistake. The PACT Act is nothing more than a money grab by Big Tobacco to expand its market share. It should be called the "Marlboro Protection Act of 2010."

Nephew also called into question the mechanics of PACT Act enforcement as ATF agents will not be allowed to open packages brought to post offices to inspect their contents.

"I have a difficult time imagining how you will be able to enforce this law against our people. The only way I can see that it is possible is through some kind of "racial profiling," where Indians with too many packages at the post office are presumed to be selling cigarettes and thus become targets for prosecution.