This section presents CPATH’s analysis of selected trade agreements
relevant to health and other timely documents:
TRANS PACIFIC PARTNERSHIP: June 2010
The Trans-Pacific Partnership (TTP) negotiations "Round 2" will be held in San Francisco, California on June 14-18, 2010
at the Intercontinental Hotel in San Francisco. Initial TPP negotiating partners include U.S., Australia, Brunei Darussalam,
Chile, New Zealand, Peru, Singapore and Vietnam, with the objective of including additional countries throughout the Asia-Pacific
region. There are supposed to be morning briefings each day from Monday through Friday, June 14-18, at 8:30 a.m.
for interested stakeholders by a senior Administration staff person.
At this "round" in San Francisco, negotiators will be discussing core concepts and areas which should or
should not be included in these negotiations. It is an important opportunity for us to weigh in. See below
for a link to CPATH’s Public Comments on the TPP and public health concerns.
Organizations can register and send 1 representative. The link to register is: https://events.constantcontact.com/register/eventReg?oeidk=a07e2wncqfdc1714de3&oseq=
Click here for CPATH statement on TPP
TRADE PROMOTION AUTHORITY
The Trade Promotion Authority bill was due to be up for reauthorization by Congress by
July, 2007, but was not renewed. The TPA outlines the U.S. Congress' trade objectives, and includes the "fast-track"
rule that prevents Congress from amending trade agreements (they can only vote yes or no). CPATH will be consulting
with the health community on the TPA in the coming months. What do you think Congress' trade objectives should
be? (You can read the TPA through the link below. See p. 62, Sec. 2102 for Congress' current objectives.)
Trade Promotion Authority Act of 2002
KENNEDY-WAXMAN GAO REQUEST ON TRADE AND HEALTH
Sen. Kennedy and Rep. Waxman have asked the Government Accountability Office to review the effects of trade negotiatons
on developing countries' access to medicines. The GAO will investgate in 2007. Read the letter of request here:
GAO Request
COMPLETED: Regional and Bilateral Trade Agreements:
U.S.-Dominican Republic - Central American Free Trade Agreement (DR-CAFTA)
CPATH TESTIMONY TO HOUSE WAYS & MEANS COMMITTEE, April 21, 2005. Hearing on Implementation of the Dominican Republic-Central America Free Trade
Agreement (DR-CAFTA): The Intellectual Property (IP) provisions of the Dominican Republic - Central America Free Trade Agreement
(CAFTA) would delay competition from generic medicines, helping to prop up high prices for brand name pharmaceuticals in the
U.S., and effectively denying access to life-saving drugs in some of the poorest nations in the Americas.
click here for CAFTA Testimony
CPATH Briefing Paper On The US-Dominican Republic-Central
American Free Trade Agreement (DR-CAFTA) (April 2004).
Summary of CAFTA's major threats to public health and the right to protect health standards, including privatization
of health-related services, high drug prices, interference with government contracting, and lack of public health representation
in trade policy decisions.
click here for CAFTA Briefing Paper
CAFTA side letter does not protect access to medicines. On November 14, 2001, the World Trade Organization adopted the Declaration on the TRIPS Agreement
and Public Health (the Doha Declaration). However, the U.S.-Central American Free Trade Agreement (CAFTA)
does not safeguard the Doha right to protect public health and promote access to medicines for all. A Side
Letter, Understanding Regarding Certain Public Health Measures, does not adequately offset the intellectual property provisions
of CAFTA, and fails to safeguard access to medicines.
click here for CAFTA Side Letter Analysis
CPATH documented significant
health concerns regarding CAFTA.
Rep. Zoe Lofgren transmitted these
concerns on July
15, 2005, to the U.S. Department of Commerce. The first document presents CPATH's concerns. The second
presents the Department of Commerce's (DOC) responses, with rebuttal comments by CPATH.
CPATH stated:
1. Public health is unrepresented in trade negotiations.
2. CAFTA’s
“Domestic Regulation” rule challenges state and federal health protections.
3. CAFTA destabilizes professional
licensing rules.
4. Government Procurement rules undermine public policy objectives and protections.
5. Private, foreign
corporations can directly challenge domestic laws and regulations.
6. CAFTA prevents the production and humanitarian distribution
of affordable lifesaving medications.
click here for CPATH Concerns on CAFTA
click here DOC Reaction/CPATH Response
Waxman, Rangel Oppose US Pressure on CAFTA IP Rules
On Jan. 26, 2005, Reps. Waxman, Rangel and other influential members of Congress wrote to the USTR
to protest U.S. pressure on Guatemala to reinstate a law imposing data exclusivity for pharmaceuticals. The Members advocated
removing data exclusivity provisions from CAFTA.
Click here for Congress CAFTA letter 1-05
U.S.-Australia Free Trade
Agreement
The U.S.-Australia Free Trade
Agreement Can Preempt Drug Reimportation Bills (Fact Sheet) July 12, 2004
click here for July 12, 2004 Fact Sheet
The U.S.-Australia Free Trade
Agreement Can Preempt Drug Reimportation Bills, Challenge VA and Medicaid Drug Price Controls, July
9, 2004.
click here for full report
US-Australia Free Trade Agreement:
Implications for Prescription Drug Prices in the US and Australia, Testimony to the Ways and Means Committee, U.S. House of Representatives, June
24, 2004.
click here for CPATH Ways & Means Testimony
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