PERAC Memo #6 - 2010: Tobacco Company List

Tobacco Company List

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Summary

This memo transmits PERAC's updated Tobacco Company List (December 2009), which supersedes all prior lists and implements Chapter 119 of the Acts of 1997 prohibiting new retirement system investments in companies deriving more than 15% of revenue from tobacco sales. Boards must forward the list to their investment advisors (noting it applies only to Massachusetts public fund clients), ensure portfolio compliance—including for pooled funds assessed at the pool level—and consult with PERAC before divesting if any non-compliant holdings are identified during audit review.

Full Text

MEMORANDUM #6, 2010 M E M O R A N D U M TO: All Retirement Boards FROM: Robert A. Dennis, Investment Director RE: Tobacco Company List DATE: January 13, 2010 On October 22, 1997 PERAC Memo #37/1997 informed you of the adoption of Chapter 119 of the Acts of 1997. That statute prohibits retirement systems from making any new investments in stocks, securities, or other obligations of any company which derives more than 15% of its revenue from the sale of tobacco products. On December 18, 1997 PERAC sent Memo #48 regarding the implementation of Chapter 119 and the first Tobacco Company List. Enclosed please find a Tobacco Company List dated December 2009. This list replaces any other Tobacco Company List previously sent to your board and is effective upon receipt by the retirement boards. Most of these companies appeared on previous lists and such investments were prohibited from the time the companies first appeared on the list. Please forward a copy to your investment advisors or inform them that this list is available on the PERAC Home Page under the Investment Unit’s 2010 Memo Index. In communicating with your investment advisors, please inform them that the Tobacco Company List is only for their Massachusetts public fund clients and that any other use of the list is strictly prohibited. As part of its audit process, PERAC will assess the portfolio of each board to determine compliance. That review will determine if the board, after January 13, 1998, has purchased stock, securities, or other obligations of any company which derives more than 15% of its revenue from the sale of tobacco products. In the event a portfolio is not in compliance, the board must bring the portfolio into compliance by divesting in a prudent manner. Prior to taking any action, the board shall consult with PERAC. In applying the statute to pooled funds, PERAC will assess the 15% rule against the entire pool as the board is purchasing shares in the pool not the individual holdings of the pool. Thus a pooled fund, if in violation of this standard, will be included on the list. If you have any questions, please call Robert Dennis at 617-666-4446 ext. 922. Enclosure TOBACCO COMPANY LIST DECEMBER 2009 COMPANY COUNTRY

Alliance One International, Inc. United States Altria Group, Inc. United States AMCON Distributing Company United States Caribbean Cigar Company United States Core-Mark Holding Co., Inc. United States Lorillard, Inc. United States Noble Brands, Inc. United States North Atlantic Trading Company United States Philip Morris International, Inc. United States Reynolds American, Inc. United States Schweitzer-Mauduit International, Inc. United States Star Scientific, Inc. United States Universal Corporation United States Vector Group, Ltd. United States Wellstone Filters, Inc. United States

Alpha Tobacco Manufacturing Co. Ltd. Bangladesh British American Tobacco Bangladesh Co. Ltd. Bangladesh

Souza Cruz SA Brazil

Asenovgrad BT Bulgaria Blagoevgrad BT Bulgaria Bulgartabac Holding Bulgaria Haskovo-Tabac AD Bulgaria Pleven Bulgartabac AD Bulgaria Shoumen BT Bulgaria Sila Holding AD Bulgaria Slantse Stara Zagora BT AD Bulgaria Sofia BT Bulgaria

Alimentation Couche-Tard Inc. Canada

Compania Chilena de Tabacos SA Chile

Mudanjiang Hengfeng Paper Co., Ltd. China

COMPANY COUNTRY

Adris Grupa d.d. Croatia Hrvatski Duhani DD Croatia Tvornica Duhana Zagreb Croatia

Philip Morris CR AS Czech Republic

Eastern Tobacco Company Egypt

Hellenic Duty Free Shops S.A. Greece Karelia Tobacco Co. SA Greece

Huabao International Holdings Ltd. Hong Kong Shanghai Industrial Holdings Hong Kong

Godfrey Phillips India Ltd. India Golden Tobacco Ltd. India I.T.C. Ltd. India Kothari Products Limited India RDB Industries Limited India RTCL Ltd. India VST Industries Ltd. India

PT B.A.T. Indonesia Indonesia PT Bentoel International Investama Tbk Indonesia PT Gudang Garam Tbk Indonesia

Jerusalem Cigarette Israel

Societe Ivoirienne des Tabacs Ivory Coast

Carreras Limited Jamaica

FamilyMart Co. Ltd. Japan Japan Tobacco Inc. Japan Seven & I Holdings Co., Ltd. Japan

Al-Eqbal Company For Investment PLC Jordan Union Tobacco & Cigarette Industries Company Jordan

British American Tobacco Kenya, Ltd. Kenya

British American Tobacco Bhd Malaysia JT International Bhd Malaysia

COMPANY COUNTRY

Grupo Carso SAB de CV Mexico

Khyber Tobacco Company Ltd. Pakistan Pakistan Tobacco Co. Ltd. Pakistan

KT&G Corporation South Korea

Miquel y Costas & Miquel SA Spain

Ceylon Tobacco Co. Ltd. Sri Lanka

Swedish Match Sweden

President Chain Store Corp. Taiwan Taisun Enterprise Co. Ltd. Taiwan Taiwan FamilyMart Co., Ltd. Taiwan Uni-President Enterprises Corp. Taiwan

Tanzania Cigarette Company Tanzania

West Indian Tobacco Company Ltd. Trinidad and Tobago

British American Tobacco, Plc United Kingdom Imperial Tobacco Group Plc United Kingdom Molins Plc United Kingdom

British American Tobacco (Zambia) Plc Zambia

British American Tobacco Zimbabwe Holdings Limited Zimbabwe