Who USTR clears to see secret text for IPR negotiations? (Such as TPPA)

In a meeting with USTR on February 15, 2012, KEI, MSF, Oxfam and Public Citizen pressed USTR to release the negotiating text for the intellectual property rights chapter in the TPPA trade agreement negotiation. USTR said the negotiation had “unprecedented” transparency, but maintained the text needed to be secret from the general public. USTR also claimed than no one on its many advisory boards, who are cleared to see the negotiating text, were lobbyists.

The official advisory system for trade negotiations is extensive, including 16 Industry Trade Advisory Committees (ITACs), and 8 other advisory committee. I have provided links to the 24 advisory committee, and also provided the names of persons who serve on ITAC 15 (Intellectual Property Rights), ITAC 3 (Chemicals, Pharmaceuticals, Health Science Products and Services), ITAC 8 (Information and Communications Technologies, Services, and Electronic Commerce) , and ITAC 10 (Services and Finance Industries).

Industry Trade Advisory Committees

• Committee of Chairs of the Industry Trade Advisory Committees
• Aerospace Equipment  (ITAC 1)
• Automotive Equipment and Capital Goods  (ITAC 2)
• Chemicals, Pharmaceuticals, Health/Science Products and Services  (ITAC 3)
• Consumer Goods  (ITAC 4)
• Distribution Services  (ITAC 5)
• Energy and Energy Services  (ITAC 6)
• Forest Products  (ITAC 7)
• Information and Communications Technologies, Services, and Electronic Commerce  (ITAC 8)
• Non-Ferrous Metals and Building Materials  (ITAC 9)
• Services and Finance Industries  (ITAC 10)
• Small and Minority Business  (ITAC 11)
• Steel  (ITAC 12)
• Textiles and Clothing  (ITAC 13)
• Customs Matters and Trade Facilitation  (ITAC 14)
• Intellectual Property Rights  (ITAC 15)
• Standards and Technical Trade Barriers  (ITAC 16)

Other Advisory Committees

• Advisory Committee for Trade Policy and Negotiations (ACTPN)
• Agricultural Policy Advisory Committee (APAC)
• Agricultural Technical Advisory Committee for Trade (ATAC)
• Industry Trade Advisory Committees (ITAC)
• Intergovernmental Policy Advisory Committee (IGPAC)
• Labor Advisory Committee (LAC)
• Trade Advisory Committee on Africa (TACA)
• Trade and Environment Policy Advisory Committee (TEPAC)

After reviewing the names below (many of whom are former employees of USTR and other government trade offices), you can evaluate the USTR claim that none of them are “lobbyists,” and if this assertion ranks right up there with New Gingrich’s claim that his work for Freddie Mac was as a historian. You can also ask, what is the point of keeping the text secret from the American Public? Note also that a significant number of firms represented on the advisory boards are foreign owned firms, such as the members of PhRMA, BIO and the RIAA, the Coalition for Intellectual Property rights, the Entertainment Software Association, or the Motion Picture Association of America (MPAA).

Industry Trade Advisory Committee On Intellectual Property Rights
ITAC 15, Total Members = 15

Chairman
Mr. Richard H. Kjeldgaard
Deputy Vice President, International
Intellectual Property
Pharmaceutical Research and Manufacturers of America (PhRMA)

Primary Vice-Chairman
Mr. Timothy P. Trainer
President
Global Intellectual Property
Strategy Center, P.C.
Zippo Manufacturing Company

Secondary Vice-Chairman
Stevan D. Mitchell, Esq.
Vice President, Intellectual Property Policy
Entertainment Software Association

Mark Chandler, Esq.
Senior Vice President, General Counsel,
and Secretary
Cisco Systems, Inc.

Sarah B. Deutsch, Esq
Vice President and Associate
General Counsel
Verizon Communications

Mr. Scott M. Frank
President and Chief Executive Officer
AT&T Intellectual Property, Inc.

Mr. John Frisbie
President
U.S.-China Business Council

Tanuja Garde, Esq.
Executive Counsel for Intellectual Property
General Counsel for Engineering
GE Aviation

A. Bob Ghosh, Esq.
Director and Corporate Counsel
Intellectual Property Law
AVAYA

J. Anthony Imler, Ph.D.
Consultant
Representing Johnson & Johnson

Perla M. Kuhn, Esq.
Partner
Edwards Wildman Palmer LLP
Representing Accessory Net Group, LLC

Jeffrey P. Kushan, Esq.
Sidley Austin
Representing Biotechnology Industry Organization (BIO)

Brian S. Roman, Esq.
Senior Vice President
and Chief Compliance Officer
Mylan Inc.

Mr. Thomas J. Thomson
Executive Director
Coalition for Intellectual Property Rights

Neil I. Turkewitz, Esq.
Executive Vice President, International
Recording Industry Association of America (RIIA)

Industry Trade Advisory Committee On Chemicals, Pharmaceuticals, Health Science Products and Services
ITAC 3, Total Members = 27

Mr. Luis H. Arguello, Jr.
Vice President
DemeTech Corporation

Robert E. Branand, Esq.
Consultant
Robert Branand International
Representing SOCMA (Society of Chemical Manufacturers and Affiliates)

Shawn M. Brown, Esq.
Vice President, State Affairs
Generic Pharmaceutical Association

Mr. P. Claude Burcky
Divisional Vice President, Global Government Affairs and Policy
Abbott Laboratories, Inc.

Mr. V. M. (Jim) DeLisi
President
Fanwood Chemical, Inc.

Mr. Donald E. Ellison
President
Government Relations, LLC
Representing Innegrity LLC

Mr. Zoran I. Franicevich
Manager, Global Trade Programs
The Clorox Company

Geoffrey Gamble, Esq.
Chief International Counsel and Director, International Government Affairs
E.I. DuPont de Nemours & Company

Mr. Edward L. Gibbs
President
North Coast Medical Equipment, Inc.

Mr. Vijay Goradia
Chairman
Vinmar International, Ltd.

Trevor J. Gunn, Ph.D.
Senior Director, International Relations
Medtronic, Inc.

Jonathan Herzog, Esq.
Counsel, Trade-International
St. Jude Medical, Inc.

Mr. Ralph F. Ives
Executive Vice President,
Global Strategy and Analysis
AdvaMed: Advanced Medical Technology Association

Mr. Maurice J. Kerins
President
Airmed Biotech, Inc.

Mr. Craig S. Kramer
Vice President, International
Government Affairs
Johnson & Johnson

Mr. Adrian Krygsman
Director, Product Registration
Troy Corporation

Mr. A. E. (Ted) May, III
Vice President and General Manager
Andersen Products, Inc.

Matthew T. McGrath, Esq.
Partner
Barnes, Richardson and Colburn
Representing Intermune, Inc.

Douglas T. Nelson, Esq.
Executive Vice President, General Counsel,
and Secretary
CropLife America

Tracey J. Norberg, Esq.
Senior Vice President and Corporate Counsel
Rubber Manufacturers Association

Ms. Lisa A. Phillip
President
Hybas International, LLC

George L. Rolofson, Ph.D.
Consultant in Agricultural Science and Environmental, Regulatory, and Trade Policy
Rolofson Consulting
Representing Gowan Company

Mr. Richard I. Sedlak
Senior Vice President, Technical
and Industrial Affairs
The American Cleaning Institute

Mr. Albert C. (Cal) Sutphin
President
Braden Sutphin Ink Company

Jay T. Taylor, Esq.
Vice President, International Affairs
Pharmaceutical Research and Manufacturers of America (PhRMA)

Harry L. Vroomen, Ph.D.
Vice President, Economic Services
The Fertilizer Institute

Mr. Thomas G. Zieser
President and Chief Executive Officer
JACE Systems

Industry Trade Advisory Committee On Information and Communications Technologies, Services, and Electronic Commerce
ITAC 8 Total Members = 17

Chairman
Jacquelynn Ruff, Esq.
Vice President, International Public Policy
and Regulatory Affairs
Verizon Communications Inc.

Primary Vice-Chairman
Mr. Greg S. Slater
Director, Global Trade and Competition Policy
Intel Corporation

Secondary Vice-Chairman
Mr. John F. Neuffer
Vice President, Global Policy
Information Technology Industry Council

Mr. Arun K. Bhumitra
Chief Executive Officer
Arjay Telecommunications

Mr. Edward A. Bond
Manager, Government Programs
IBM

Daniel W. Caprio, Jr.
Managing Director
McKenna Long & Aldridge LLP
Representing European-American Business Council

Mr. C. Gregory Farmer
Vice President, Government Affairs
Qualcomm, Inc.

Mr. Jeffrey M. Ferry
President
Palomar Associates
Representing Vello Systems

Mark E. Foster, Esq.
Law Offices of Mark E. Foster
Representing NeoVista, Inc.

Mr. Jake E. Jennings
Executive Director, International External
and Regulatory Affairs
AT&T

Mr. Todd R. Loewenstein
Chief Executive Officer
ArcoStream LLC

Mr. Joseph P. Lui
International Director of Agent Operations
Information Builders, Inc.

Ms. Wendy E. Owens
President and Chief Executive Officer
AbleMedia LLC

Mr. Kenneth Rogers
Executive Director
Automation Alley

Ms. Jennifer H. Sanford
Senior Manager, International Trade
and Energy Policy
Cisco Systems, Inc.

Mr. Michael J. Smith
Chief Executive Officer and Principal
MSPA: Mike Smith Public Affairs
Representing Northern Virginia Technology Council

Mr. Brian C. Toohey
President
Semiconductor Industry Association

Industry Trade Advisory Committee On Services and Finance Industries
ITAC 10, Total Members = 27

Chairman
Ms. Elizabeth R. Benson
President
Energy Associates

Mr. Anthony S. Bartolomeo
President and Chief Executive Officer
Pennoni Associates Inc.

Mr. Fredric S. Berger, P.E.
Chairman
The Louis Berger Group, Inc.

Ms. Jennifer B. Boger
Trade Manager, Global Government Affairs
Underwriters Laboratories, Inc.

Mr. Stuart J. Brahs
President
Stuart J. Brahs Consulting
Representing American Council of Life Insurers

Timothy C. Brightbill, Esq.
Partner, Wiley Rein LLP
Representing American Bar Association

Stephen J. Canner, Ph.D.
Senior Advisor
United States Council for International Business

Peter D. Ehrenhaft, Esq.
Senior Counsel
Peter D. Ehrenhaft Consulting
Representing Harkins Cunningham, LLP

Mr. Alan H. Fleischmann
Principal
Albright Stonebridge Group

Mr. Gregory M. Frazier
Executive Vice President, Chief Policy Officer
Motion Picture Association of America, Inc.

Mr. Andrew F. Gelfuso
Executive Director
Office for Trade Promotion
Trade Center Management Associates

Mr. William H. Hanson
Vice President
Great Lakes Dredge and Dock Company

Mr. Charles P. Heeter Jr.
Managing Principal, Global Public Policy
Deloitte LLP

Ms. Janice B. Howroyd
Chairman and Chief Executive Officer
The Act·1 Group

Mr. William A. Jordan
Senior Director, Government Affairs and Communications
The McGraw-Hill Companies

Mr. Leonard N. Karp
President and Chief Executive Officer
Philadelphia International Medicine

Coletta I. Kemper, ARM
Vice President, Industry Affairs
Council of Insurance Agents & Brokers

Scott A. Kenney, Esq.
Senior Counsel
Towers Watson & Company

Mr. Gary W. Kushnier
Vice President, International Policy
American National Standards Institute

Mr. Patrick J. Natale, P.E.
Executive Director
American Society of Civil Engineers

Jean M. Prewitt, Esq.
President and Chief Executive Officer
Independent Film & Television Alliance

Charles D. Schmerler, Esq.
Partner
Fulbright & Jaworski LLP

Mr. Ivan J. Sotomayor
Managing Partner
Sotomayor & Associates, LLP

Joseph L. Ternullo, Esq.
Director, International Corporate Relations
and Associate Director, Center for Connected Health
Partners HealthCare System, Inc.

Mark V. Vlasic, Esq.
Ward & Ward PLLC
Representing Savi Technology

Mr. David B. Wheeler
President
Embark LLC

Christian (Chris) E. Wolfe, Esq.
Partner, Business Planning and Taxation
Haynes and Boone, L.L.P.