US embassy cable - 03ABUJA1477

UNCLAS ABUJA 001477 
 
SIPDIS 
 
 
ALSO PASS TO USTR 
 
 
E.O. 12958: N/A 
TAGS: ETRD, NI, USTR 
SUBJECT: NIGERIA'S POSITION ON WTO ISSUE OF TRIPS AND HEALTH 
 
 
REF: STATE 232867 
 
 
1.  Given both the Ministers of Commerce and of Public 
Health,s inability or unwillingness to meet with Embassy 
Charge in the last ten days for the demarche mentioned in 
reftel, Econ Counselor met with Nigeria,s Ministry of 
Commerce Director of External Trade, Y. Fred Agah, on August 
26 to determine the GON position on the issue of TRIPS and 
its application to public health.  Agah, a major participant 
in the negotiations, was up to date on the state of play.  He 
argued in favor of the Perez-Motta text mentioned in para two 
of reftel, saying it specifies clearly the steps that 
countries will have to take to benefit from the compulsory 
licensing that will permit the manufacture of patented drugs 
for humanitarian purposes.  He went on that attempts to 
specify additional steps could prevent agreement on the 
implementation of para six of the Doha Declaration, as the 
execution of such measures might raise the cost of 
manufacturing such drugs.  The GON favors putting an end to 
the discussion rather than engage in an exercise that 
proliferates the footnotes to a text that is already lengthy, 
he said. 
 
 
2.  After arguing that the United States and Switzerland have 
prevented unanimous consent to the implementation of para six 
of the Doha Declaration because of domestic industry 
pressure, Agah said the GON nonetheless wants to work with 
the USG to resolve differences before the ministerial meeting 
opens in Cancun on September 14.  Toward this end, he 
asserted that the GON would support the tabling of a U.S. 
statement that would record the U.S. demand that all WTO 
members take appropriate steps to ensure that the drugs 
provided within the framework of para 6 of the Doha 
Declaration be used strictly for humanitarian purposes and 
not diverted to the commercial or industrial market. 
(Comment.  Econ Counselor had the distinct impression that 
Agah would expect such a statement to be read in the course 
of an explanation of our position rather its being included 
in a revised Perez-Motta text, which Agah might put in the 
category of a footnote.  End comment.) 
 
 
3.  Econ Counselor pressed Agah on the GON,s position 
regarding the possible diversion of drugs subject to 
compulsory licensing.  Agah expressed confidence that 
countries like India and Brazil would take appropriate steps 
to ensure that such drugs not be bought by third parties for 
industrial use or commercial resale.  He argued that 
insisting that such countries pass legislation to prevent 
such diversion is unwarranted because such action would 
unreasonably extend the authority of the WTO beyond its 
present jurisdiction. (Comment.  Agah avoided saying anything 
about what Nigeria might do to prevent the illicit import of 
such drugs by Nigerian importers.  End comment.) 
 
 
4.  Agah also suggested that there is little likelihood that 
Nigeria,s Representative to the WTO will work independently 
with his U.S. counterpart to facilitate an understanding.  He 
said Nigeria,s rep had wanted to discuss the matter with 
U.S. company representatives at an earlier meeting in Geneva, 
but Agah had successfully argued against such talks, saying 
Nigeria should support the African position.  (Comment. 
Despite Agah,s assertion that the GON wants to resolve the 
issue before the summit opens in Cancun, it is not evident 
that he knows of a solution that might accommodate our 
position.  End comment.) 
 
 
ROBERTS