Pfizer’s efforts to block Colombia’s accession to the OECD in 2017-2018

The following PDF file includes several email exchanges between Pfizer and USTR regarding Colombia’s accession to the Organisation for Economic Co-operation and Development (OECD). Pfizer proposed several conditions it wanted Colombia to agree to before the US would withdraw objections to Colombia joining the OECD. Most of the Pfizer proposals are redacted by USTR in these documents that KEI obtained through the Freedom of Information Act (FOIA).

FOIA-USTR-Pfizer-Colombia-OECD

The following are a few excepts from the documents, but it will be more interesting to read from the PDF, which provides more details, and illustrates where redaction have been made.


2017 March 23

Carl Meacham (PhRMA) wrote to member companies of PhRMA with Jonathan Kimball (PhRMA) in copy; Meacham informed his member companies that on March 23, 2017, he met with Assistant U.S. Trade Representative Dawn Shackleford, US representative to the OECD’s Trade Committee. PhRMA raised concerns with USTR over Colombia’s accession to the OECD. At this meeting USTR asked PhRMA if its member companies could provide “pertinent information regarding the rationale for product denials and delays.”

2017 April 12

Mia Masten (Pfizer) wrote Leslie O’Connor (USTR) to provide information regarding additional information on product denials and delays in Colombia.

According to Pfizer,

“Colombia’s market access policies and regulatory systems are a significant departure from other regulatory bodies in OECD member countries which leads to unpredictability and uncertainty for the biopharmaceutical industry.”

In Pfizer’s letter to USTR, Mia Masten (Pfizer) wrote:

“This letter is in response to your request for additional information on the rationale Colombia used in denying company products listed in the BIAC advocacy backgrounder that was submitted to the OECD Trade Commission…Colombia’s market access policies and regulatory systems are a significant departure from other regulatory bodies in OECD member countries which leads to unpredictability and uncertainty for the biopharmaceutical industry.”

Much of this letter is redacted.

This communication contains an email dated March 23, 2017 from Carl Meacham (PhRMA) to member companies of PhRMA (see entry for March 23, 2017).

2017 July 13

Catherine Robinson (Pfizer) wrote Leslie O’Connor (USTR) asking in relation to the Colombian trade minister:

“Hope all is well. Do you have time this afternoon to chat re: the meeting with the trade minister yesterday? Would love to hear how it went.”

2018 January 3

Catherine Robinson (Pfizer) wrote John M. Melle (USTR) informing him that Pfizer’s Regional Vice President for Latin America, Om Arora, would be in Washington, DC on January 11, 2018. Catherine Robinson asked John M. Melle about his availability to meet Om Arora on the morning of January 11, 2018 to discuss NAFTA, Mexico, Colombia and Argentina.

From: Robinson, Catherine
Sent: Wednesday, January 3, 2018 11:08 AM
To: ‘Melle, John M. EOP/USTR’

Subject: Request for Meeting Jan. 11th in the morning

Hi John

Happy New Year! Hope you had a nice holiday and got some well-deserved time off!

Pfizer’s Regional Vice President for Latin America-Om Arora- will be in DC on January 11th. Are you available to meet with him in the morning to discuss NAFTA, Mexico, Colombia and Argentina?

2018 January 5

Catherine Robinson (Pfizer) wrote John Melle (USTR) following up on her meeting request.

2018 January 6

On Saturday, January 6th, 2018, John Melle (USTR) responded to Catherine Robinson (Pfizer), “Not able to do this meeting — perhaps next visit?”.

2018 January 7

Catherine Robinson (Pfizer) replied to John Melle (USTR).

Re: [EXTERNAL] RE: Request for Meeting Jan. 11th in the morning
From: “Robinson, Catherine” ©pfizer.com>
To: “Melle, John M. EOP/USTR”
Date: Sun, 07 Jan 2018 17:01:03 -0500

Thanks John.

Sent from my iPhone

2018 March 5

Catherine Robinson (Pfizer) wrote to Dawn Shackleford (USTR), Leslie O’Connor (USTR), and Zoe Sophos (USTR) reaching out in advance of meetings with the Government of Colombia. Catherine Robinson (Pfizer) expressed her thanks to USTR for a letter sent by United States Trade Representative Ambassador Robert Lighthizer to Maria Lorena Gutierrez, Colombia’s Trade Minister, in relation to Colombia’s accession to the OECD.

Pfizer provided USTR its red lines on Colombia’s accession to the OECD; Pfizer’s priorities included Article 72 of the National Development Plan (including a Colombian proposal to introduce international reference pricing), intellectual property, and biologics. The text on Pfizer’s demands to USTR concerning Colombian legislation on Article 72, intellectual property and biologics is redacted in its entirety.

Catherine Robinson (Pfizer) concluded her note to USTR by providing them intel on an impending meeting between the Government of Malaysia with the Colombia (during the week of March 5th, 2018) in Bogota. According to Pfizer, the Government of Malaysia wanted to learn more from Colombia’s experience of issuing a Declaration of Public Interest (DPI) as a precursor to issuing a compulsory license. Pfizer made a point of noting that the visit of Malaysian government officials to Bogota coincided with the absence of Colombia’s Trade and Finance ministers (as they were in Washington, DC).

“The Government of Malaysia is visiting with the Colombian Minister of Health in Bogota this week (while the Trade and Finance ministers are in DC) to discuss ways to adopt Colombia’s DPI policy in Malaysia!”

2018 March 6

Catherine Robinson (Pfizer) informed Dawn Shackleford (USTR), Leslie O’Connor (USTR), Zoe Sophos (USTR), Cara Morrow (USTR) and Joe Whitlock (USTR) that Colombia “finalized and published the regulation on Article 72 on March 6th, 2018.

In a follow up email Catherine Robinson (Pfizer) provided USTR with specific language from amendments to Article 72.

“That the evaluation (carried out by IETS) be requirements for the evaluation of the corresponding sanitary registration and/or its renewal.”

2018 April 4

Zoe Sophos (Deputy Director for WTO & Multilateral Affairs, USTR) wrote to Catherine Robinson (Pfizer) introducing herself as the “lead on the OECD Trade Committee of USTR” and indicated her interest in discussing Colombia’s accession to the OECD. USTR proposed scheduling a call with Pfizer regarding Colombia at 10 AM on April 5th, 2018.


From: Sophos, Zoe M. EOP/USTR [mailto:zoe_m_sophos©ustr.eop.gov]
Sent: Wednesday, April 4, 2018 11:41 AM
To: Robinson, Catherine
Subject: RE: [EXTERNAL] Time to chat re: OECD/CO?

Hi Catherine,

We may have met before, but my name is Zoe and I lead on the OECD Trade Committee for USTR.Cara forwarded me your email below, and I wanted to let you know I’d be happy to chat about Colombia if that’s still of interest.I’m relatively open this week — please just let me know if there are some times that might work for you.

Best,
Zoe


From: Robinson, Catherine @pfizer.com>
Sent: Wednesday, April 4, 2018 1:03 PM
To: Sophos, Zoe M. EOP/USTR
Subject: RE: [EXTERNAL] Time to chat re: OECD/CO?

Thanks Zoe. Appreciate you reaching out. We met a few times a year or so ago. I was out on maternity leave for a while but have been engaged since the beginning on Colombia.I’m generally open as well. Feel free to give me a call on my cell

Thanks, cat


Re: [EXTERNAL] Time to chat re: OECD/CO?
From: “Robinson, Catherine” ©pfizer.com>
To: “Sophos, Zoe M. EOP/USTR”
Date: Wed, 04 Apr 2018 16:52:25 -0400

Thanks. Talk tomorrow.

Sent from my iPhone

On Apr 4, 2018, at 4:24 PM, Sophos, Zoe M. EOP/USTR wrote:

Sounds great, thanks Catherine. How about 10am tomorrow? Unless there’s a time you prefer, I’ll plan to give you a call then.

Best,
Zoe


2018 April 20

Zoe Sophos (USTR) informed Catherine Robinson (Pfizer) that Colombia had yet to achieve its outstanding commitments to the OECD’s Trade Committee; USTR indicated that it would not be possible for the OECD’s Trade Committee to conclude its review of Colombia’s accession to the OECD.

Catherine Robinson (Pfizer) responded: “Thank you! We agree.”

2018 April 25

Catherine Robinson (Director, International Government Affairs, Pfizer) wrote Zoe Sophos (USTR) expressing concern that the Government of the United States changed its position and would now support Colombia’s accession to the OECD due to side letters on trucking and copyright. With dismay, Pfizer noted that the accession would create a bad precedent for pharmaceuticals and intellectual property.

[EXTERNAL] change in position
From: “Robinson, Catherine” ©pfizer.com>
To: “Sophos, Zoe M. EOP/USTR”
Date: Wed, 25 Apr 2018 10:18:36 -0400

Hi Zoe

I’m hearing that the USG has changed its position and will now support Colombia due to side letters that create enforcement for the trucking and copyright issues. What about the IP concerns for pharmaceuticals? If this is true that is a really bad precedent. Appreciate any details you can share.

Much appreciated.

Thanks, Cat

Catherine Robinson
Director, International Government Affairs
Pfizer Inc