In a somewhat unexpected and encouraging ruling, on April 12, 2011, the District Court for the District of Columbia rejected USTR claims that the release of certain documents relating to a trade negotiations can be shielded from the FOIA.
The case involves a FOIA dispute between the Center for International Environmental Law (CIEL) and the the United States Trade Representative’s (USTR) over documents revealing the US negotiating position on the Investment Chapter in the proposed Free Trade Agreement of the Americas (FTAA).
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On 4 February 2011, WikiLeaks passed on to the UK newspaper, The Telegraph, a cable dated 1 November 2007 from the US Embassy in London entitled “UK AGREES WITH US APPROACH TO UPCOMING WHO INTERGOVERNMENTAL WORKING GROUP ON PUBLIC HEALTH, INNOVATION, AND IP” signed by “LEBARON“. Continue Reading →
World Intellectual Property Organization (WIPO) 7% (7 votes) World Trade Organization (WTO) 6% (6 votes) Anti-Counterfeiting Trade Agreement (ACTA) 87% (87 votes) Total votes: 100
Civil law injunctions and damages for infringement are national security hot spots 4% (10 votes) ACTA negotiators don’t want people asking informed questions about the substance of the agreement 69% (191 votes) No one in the Administration cares enough about… Continue Reading →
Background
On October 14, 2009, KEI submitted a FOIA request to the USTR, which is available here, asking for the following records:
KEI requests all records at USTR on the topic of the policy and practice of USTR regard the transparency of trade negotiations, including but not limited to the Anti-Counterfeiting Trade Agreement (ACTA).
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Written submission U.S. Senate Committee on Health, Education, Labor, and Pensions (HELP) Hearing on Treating Rare and Neglected Pediatric Diseases: Promoting the Development of New Treatments and Cures On the topic of Transparency, cost benefit analysis and de-linkage of cost… Continue Reading →
In 2007, Thailand was involved in a dispute over the granting of compulsory licenses on medicines, including the patents used for Kaletra, an Abbott drug used in the treatment of AIDS. Kaletra is the brand name for a fixed dose combination of lopinavir and ritonavir (LPV/r) — two drugs invented at Abbott on an NIH grant. In 2007, LPV/r was the preferred combination for protease inhibitor regimes used to treat AIDS. Continue Reading →
Before (or after) reading these accounts of FOIA requests to USTR, you might also review the transparency memorandum issued by President Obama in January 2009.
The following are some recent FOIA requests for USTR:
By James Love, on July 31st, 2009
On Thursday, July 30, 2009, the White House office of the United States Trade Representative denied release of 4 new proposals for text that were circulated in July to “all countries” in the Anti-Counterfeiting Trade Agreement (ACTA) negotiations. The request was limited to documents that were prepared in the past 90 days for purpose of discussion at the July 2009 ACTA negotiating meeting held in Morocco.
USTR located 4 such documents, but denied the FOIA request under 5 USC 552(b)(1). The specific exception cited reads as follows:
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On July 22, 2009, eight public interest, consumer and public health organizations wrote to the United States Trade Representative (USTR), recommending the USTR and other federal agencies reduce secrecy and increase transparency in negotiations that involve global norms for knowledge… Continue Reading →
