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Term --FCTC-Based Definition Fiji
Workplace View Definition

An area, permanent or temporary, in which a person performs duties of employment or work, regardless of whether the work is done for compensation or on a voluntary basis, and includes private offices, common areas and any other area which generally is used or frequented during the course of employment or work. (FCTC Art. 8 Guidelines para. 20)

Defined
Yes
Analysis

The definition of “workplace” does not align with the definition of workplace provided in the FCTC Art. 8 Guidelines because it does not specify whether a workplace building or structure may be temporary in nature and whether a workplace includes places where work is done on a voluntary basis. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the Tobacco Control Regulations 2012 should contain a definition of workplace in accordance with the definition provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Public Transport View Definition

Any vehicle used for the carriage of members of the public, usually for reward or commercial gain. (FCTC Art. 8 Guidelines para. 22)

Defined
Yes
Analysis

The Tobacco Control Decree 2010 contains a definition of public transport, which includes a license obligation and a reference to carrying passengers for reward.

The law would more closely align with FCTC Art. 8 and the FCTC Art. 8 Guidelines if the definition did not specify a “motor vehicle” in which case the definition would also apply to other common forms of non- motorized transport.

Not Applicable
Not Applicable
Second Hand Smoke (or similar term) View Definition

The smoke emitted from the burning end of a cigarette or from other tobacco products usually in combination with the smoke exhaled by the smoker. (FCTC Art. 8 Guidelines para. 15)

Not Defined
No
Analysis

The law does not contain a definition of "second hand smoke". However, a definition of this term is not strictly necessary for interpretation of the law because the law prohibits or restricts "smoking” in specified places" rather than prohibiting "exposure to second hand smoke."

Not Applicable
Not Applicable
Smoking or Smoke View Definition

Being in possession or control of a lit tobacco product regardless of whether the smoke is being actively inhaled or exhaled. (FCTC Art. 8 Guidelines para. 17)

Defined
Yes
Analysis

The definition of “smoking” contained in the Tobacco Control Decree 2010 aligns with the definition provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Public Place View Definition

An area, permanent or temporary, that is accessible to the general public or for collective use by the general public regardless of ownership or right of access. (FCTC Art. 8 Guidelines para. 18)

Not Defined
No
Analysis

Having no definition for this key term makes interpretation of many provisions difficult. Further, the Regulation uses and defines the term “public” as “includ[ing] a section of the public,” which is a circular definition. Taken together, the lack of a clear definition of “public place” can hamper application and implementation of FCTC Art. 8 and the FCTC Art. 8 Guidelines.

A definition of "public place" should be provided in accordance with the definition supplied by FCTC Art. 8 Guidelines para. 18.

Not Applicable
Not Applicable
Tobacco Product View Definition

Any product entirely or partly made of the leaf tobacco as a raw material which is manufactured to be used for smoking, sucking, chewing, or snuffing. (FCTC Art. 1(f))

Defined
Yes
Analysis

The definition of "tobaccoproduct" is narrower than that contained in FCTC Art. 1(f) in that it only refers to smoking rather than including other forms of consumption such as chewing, snuffing and sucking. The law should contain a definition of "tobacco product" in accordance with the definition provided in the FCTC Art. 1(f).

Not Applicable
Not Applicable
Indoor or Enclosed View Definition

Any space covered by a roof or enclosed by one or more walls or sides, regardless of the type of material used for the roof, walls or sides, and regardless of whether the structure is permanent or temporary. (FCTC Art. 8 Guidelines para. 19)

Not Defined
No
Analysis

Having no definition for this key term makes interpretation of many provisions difficult. This can hamper application and implementation of FCTC Art. 8 and the FCTC Art. 8 Guidelines.

A definition of "indoor" or "enclosed" should be provided in accordance with the definition supplied by FCTC Art. 8 Guidelines para. 19.

Not Applicable
Not Applicable
Fiji
All indoor workplaces
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The Tobacco Control Regulations 2012 prohibit smoking in “any workplace to which the public has access,” except in a workplace with an enclosed and ventilated room where there is only one worker in the room, and is a place where the public normally does not have access. Because there are exceptions to the prohibition on smoking in workplaces, the regulatory status code “Smoking is Restricted” is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces.

Not Applicable
Not Applicable
All indoor public places
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The Tobacco Control Decree of 2010 and the Tobacco Control Regulations of 2012 prohibit smoking in most, but not all, public places. For example, designated smoking areas are allowed in bars and nightclubs. Therefore, the regulatory status code “Smoking is Restricted” is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor public places.

Not Applicable
Not Applicable
All public transport
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The Tobacco Control Decree 2010 prohibits smoking in a “public service vehicle,” which is limited to transport by “motor vehicles”, and covers water transport such as ships and ferries.

Because smoking is not prohibited on all means of transportation, the regulatory status code “Smoking is Restricted” is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking on all means of public transport.

Not Applicable
Not Applicable
Government facilities
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

There is no law that limits smoking in all government facilities. The Tobacco Control Decree 2010 and the Tobacco Control Regulations 2012 both define “workplace” to include premises owned or occupied by the government. In addition, the Tobacco Control Decree 2010 prohibits smoking in a clinic, the definition of which includes places operated by the government.

Exceptions include rooms in a workplace that are wholly enclosed, independently ventilated, occupied by only one worker and that are not rooms normally accessed by the public.

Therefore, the regulatory status code of “Smoking is Restricted” is given. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor government facilities.

Not Applicable
Not Applicable
Private offices
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The Tobacco Control Regulations 2012 prohibit smoking in “any workplace to which the public has access,” except in a workplace with an enclosed and ventilated room where there is only one worker in the room, and is a place where the public normally does not have access. Because there are exceptions to the prohibition on smoking in workplaces, the regulatory status code “Smoking is Restricted” is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in private offices.

Not Applicable
Not Applicable
Hospitals
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The Tobacco Control Decree 2010 prohibits smoking in hospitals. The term “hospital” is defined as including any building in which two or more patients are “or may be” maintained at the same time.

Therefore, the law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to hospitals.

Not Applicable
Not Applicable
Residential healthcare facilities - public areas
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The Tobacco Control Decree 2010 prohibits smoking in clinics and hospitals. The term “clinic” is defined as “any building used or intended to be used by a medical practitioner, dental practitioner or any other person for the diagnosis or treatment of persons suffering from, or believed to be suffering from, any mental or physical disease and includes any such place operated by the Government.” The term “hospital” is defined as including any building in which two or more patients are “or may be” maintained at the same time.

Although the law does not specifically address the public areas of residential healthcare facilities, the law is interpreted as being comprehensive and requiring them to be 100% smoke free. Accordingly, the law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of residential healthcare facilities.

Not Applicable
Not Applicable
Non-residential healthcare facilities
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The Tobacco Control Decree 2010 prohibits smoking in clinics. The term “clinic” is defined as “any building used or intended to be used by a medical practitioner, dental practitioner or any other person for the diagnosis or treatment of persons suffering from, or believed to be suffering from, any mental or physical disease and includes any such place operated by the Government.” Therefore, smoking is prohibited in non-residential healthcare facilities.

Accordingly, the law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to non-residential healthcare facilities.

Not Applicable
Not Applicable
Childcare facilities/preschools
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The Tobacco Control Regulations 2012 prohibit smoking in “any room in which educational instruction is being given.”

Therefore, smoking is prohibited in childcare facilities and preschools. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in childcare facilities and preschools.

Not Applicable
Not Applicable
Primary and secondary schools
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The Tobacco Control Regulations 2012 prohibit smoking in “any room in which educational instruction is being given.” Therefore, smoking is prohibited in primary and secondary schools.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in primary and secondary schools.

Not Applicable
Not Applicable
Universities/vocational facilities
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The Tobacco Control Regulations 2012 prohibit smoking in “any room in which educational instruction is being given.” Therefore, smoking is prohibited in universities and vocational facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in universities and vocational facilities.

Not Applicable
Not Applicable
Shops
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The Tobacco Control Regulations 2012 prohibit smoking in “any area” of a shop or retail place to which the public has access. Therefore, smoking is prohibited in shops.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in shops.

Not Applicable
Not Applicable
Cultural facilities
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The Tobacco Control Decree 2010 prohibits smoking in an “amusement centre, theatre or sports stand." The law does not prohibit smoking in other types of cultural facilities.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all cultural facilities.

Not Applicable
Not Applicable
Indoor stadium/arenas
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The Tobacco Control Decree 2010 prohibits smoking in a “sports stand,” which includes temporary, permanent, partially or completely enclosed structures for seating the public to view sports with or without payment. Therefore, smoking in indoor stadiums and arenas is prohibited.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in indoor stadiums and arenas.

Not Applicable
Not Applicable
Restaurants
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The Tobacco Control Decree 2010 prohibits smoking in “eating-houses,” which is defined as any place or part thereof where the principal business is the serving of “meals or refreshments” for consumption at that place.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in restaurants.

Not Applicable
Not Applicable
Bars/pubs/nightclubs
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The Tobacco Control Regulations 2012 allow smoking in a “designated no smoking area” in taverns, bars and nightclubs.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all enclosed bars, pubs and nightclubs.

Not Applicable
Not Applicable
Casinos
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Although the law does not specify that smoking is prohibited in casinos, the Tobacco Control Regulations 2012 prohibit smoking in “any workplace to which the public has access," which is interpreted to include casinos. Further, a casino does not fall under the workplace smoking exception in the Tobacco Control Regulations 2012 allowing smoking in a wholly enclosed, independently ventilated space not accessible to the public which is occupied by only one worker.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in casinos.

Not Applicable
Not Applicable
Hotels/lodging - public areas
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Although the law does not specify that smoking is prohibited in public areas of hotels, the Tobacco Control Regulations 2012 prohibit smoking in “any workplace to which the public has access," which is interpreted to include public areas of hotels. Further, hotel public areas do not fall under the workplace smoking exception in the Tobacco Control Regulations 2012 allowing smoking in a wholly enclosed, independently ventilated space not accessible to the public which is occupied by only one worker.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in public areas of hotels.

Not Applicable
Not Applicable
Hotels/lodgings - guest rooms
Uncertain
“Uncertain”: The smoke free status of the place is uncertain due to lack of clarity in the law or inability to obtain all relevant laws.
Analysis

The law does not specifically address hotel guest rooms. The Tobacco Control Regulations 2012 prohibit smoking in “any workplace to which the public has access,” which, taken together with the definition of workplace, would cover public areas of hotels. However, a hotel guest room could fall under the workplace exception allowing smoking in a wholly enclosed, independently ventilated space not accessible to the public which is occupied by only one worker.

Accordingly, the regulatory status code of “Uncertain” is given. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, smoking should be prohibited in hotel guest rooms.

Not Applicable
Not Applicable
Prisons/detention facilities - public areas
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Although the law does not specify that smoking is prohibited in public areas of prisons, the Tobacco Control Regulations 2012 prohibit smoking in “any workplace to which the public has access," which is interpreted to include public areas of prisons. Further, the public areas of prisons do not fall under the workplace smoking exception in the Tobacco Control Regulations 2012 allowing smoking in a wholly enclosed, independently ventilated space not accessible to the public which is occupied by only one worker.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in public areas of prisons.

Not Applicable
Not Applicable
Trains, buses and other shared ground transportation other than taxis
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The Tobacco Control Decree 2010 prohibits smoking in a “public service vehicle," defined as “a motor vehicle licensed…to carry passengers for hire or reward.”

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking on trains, buses and other shared ground transport.

Not Applicable
Not Applicable
Taxis (for-hire vehicle)
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The Tobacco Control Decree 2010 prohibits smoking in a “public service vehicle,” defined as “a motor vehicle licensed…for the purpose of carrying passengers for hire or reward.” This is interpreted to cover taxis as well as other forms of motorized public transportation.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in taxis.

Not Applicable
Not Applicable
Commercial aircraft
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The Tobacco Control Decree 2010 prohibits smoking in a “public service vehicle,” defined as “a motor vehicle licensed…for the purpose of carrying passengers for hire or reward.” This is interpreted to cover aircraft as well as other forms of public transportation.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in aircraft.

Not Applicable
Not Applicable
Commercial watercraft
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The Tobacco Control Decree 2010 prohibits smoking on any water transport including ships, ferries or other means that transports passengers by sea or river.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in commercial watercraft.

Not Applicable
Not Applicable
Public transport facilities (waiting areas for mass transit)
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The Tobacco Control Decree 2010 allows for designated smoking areas in airport terminal buildings, duty free outlets, and bus stations.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all public transport facilities.

Not Applicable
Not Applicable
Fiji
Does the law require any outdoor or quasi-outdoor spaces to be smoke free or restrict smoking in any way?
No
No
Not Applicable
Not Applicable
Fiji
Post signs
Yes
Yes
Analysis

The law places a duty on “occupiers” and a person in charge of any eating-house to display no smoking signs on each table, a wall or other surface a sign that is “clearly visible from all seats”.

The law also requires an owner and person in charge of an amusement center, theatre, sports stand, hospital, clinic, elevator, airport terminal building, prescribed smoke-free areas and buildings to, at the entrance to each place “clearly and predominantly” display no smoking signs.

Under The Tobacco Control Decree 2010, Schedule 7 lays out a penalty of $1,000 for the failure of “owner[s]” and the person in charge of a relevant place to ensure that no smoking signs are clearly and conspicuously displayed.

To more fully align with FCTC Art. 8 and the ines for repeat violations and additional penalties such as license suspension or revocation. The law should also define more clearly who is “a person in charge”, and thus can be held liable for violations of the above law.

Not Applicable
Not Applicable
Remove ashtrays
No
No
Analysis

The law does not impose a duty upon owners or persons in charge to remove ashtrays in places where smoking is prohibited.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty upon owners or persons in charge to remove ashtrays and impose appropriate penalties and corrective measures for violations of that duty.

Not Applicable
Not Applicable
Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)
Yes
Yes
Analysis

The law places a duty on “occupiers” and a person in charge of any place where smoking is restricted to ensure that “no person smokes”.

The law does not specify specific steps occupiers/those in charge must take, but does outline a penalty of $1,000 for failing to ensure that no person smokes in a public place.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty on a business owner, employer, or supervisor to take such steps.

Not Applicable
Not Applicable
Not to smoke where prohibited
Yes
Yes
Analysis

The Tobacco Control Decree 2010 places a duty on persons not to smoke in places where smoking is prohibited.

The penalty for smoking in a prohibited zone is $200.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to imposing fines on smokers.

Not Applicable
Not Applicable
Other
No
No
Not Applicable
Not Applicable
Fiji
Are sub-national jurisdictions permitted to have smoke-free laws?
No
No
Not Applicable
Not Applicable