March 2, 2001
Ambassador Robert Zoellick
Dear Mr. Ambassador:
It has come to the AFL-CIO's attention that the
Pharmaceutical Research and Manufacturers of
America (PhRMA) presented an extensive Special 301
Submission to the USTR on February 20, 2001.
PhRMA is requesting that the U.S. government file
Section 301 cases against four countries -
Argentina, India, Israel and Taiwan; place
fourteen countries on the Priority Watch list and
name 19 other countries, including South Africa,
to the Watch list under Special 301.
As you know, the AFL-CIO strongly supports the
Executive Order on Access to HIV/AIDS
Pharmaceuticals and Medical Technologies issued on
May 10, 2000. We were pleased to learn that the
Bush Administration has no plans to rescind this
Executive Order and urge you to provide firm
public assurances to developing countries that
HIV/AIDS programs which allow compulsory licensing
and parallel importation in health emergencies are
considered by the U.S. government to be TRIPS
legal and will not be challenged under U.S. trade
laws.
This issue is urgent in South Africa where our
trade union colleagues are fighting for those
whose lives hang in the balance. The Pretoria
High Court begins to hear a case this Monday,
March 5th, brought by the Pharmaceutical
Manufacturers Association of South Africa, among
42 petitioners, against the South African
government to block the implementation of a
section of a South African law which would allow
generic production and parallel importation of
drugs for the treatment of HIV/AIDS.
We strongly urge that you resist the request to
place South Africa on the Special 301 watch list
and that you give priority consideration to the
health and development consequences in all of the
cited actions before commencing any action under
Section 301.
The AFL-CIO believes that all governments,
including ours, must take urgent steps to address
the HIV/AIDS pandemic. We look forward to working
with you in your capacity as United States Trade
Representative to address this global problem.
Sincerely,
David Smith, Director
United States Trade Representative
600 17th Street, NW
Washington, DC 20506
Public Policy Department