US embassy cable - 04ANKARA5980

UNCLAS SECTION 01 OF 02 ANKARA 005980 
 
SIPDIS 
 
STATE FOR EB/TPP/ABT/BTT DEBORA MALAC, JACK BOBO 
USDA FOR FAS/OA/BIG PAUL SPENCER 
USDA FOR FAS/ICD SEAN CARMEDY 
 
E.O. 12958: N/A 
TAGS: ETRD, EAGR, KPAO, TU 
SUBJECT:  Turkey's New Bio-safety Law 
 
Ref: Ankara 00801 
 
Sensitive but Unclassified.  Not for Internet Distribution. 
 
1.  (SBU)  SUMMARY.  AFTER YEARS OF DELAYS, TURKEY IS 
POISED TO PASS A FAR-REACHING BIO-SAFETY LAW, WHICH 
COULD RESTRICT ALL IMPORTS AND PRODUCTION OF BIO- 
ENGINEERED PRODUCTS, INCLUDING AGRICULTURAL AND 
POSSIBLY PHARMACEUTICAL PRODUCTS.  THE FRAMEWORK LAW IS 
QUITE GENERAL AND, GIVEN PAST EXPERIENCE, THE 
REGULATIONS, WHICH MUST STILL BE WRITTEN, COULD BE MORE 
RESTRICTIVE.  THE TIME FRAME FOR PASSAGE IS THREE TO 
SIX MONTHS, ACCORDING TO GOT SOURCES.  THE DEVELOPMENT 
OF ALL ASSOCIATED REGULATIONS USUALLY TAKES ONE YEAR. 
IN THE MEANTIME, BIOTECHNOLOGY HAS DRAWN CONSIDERABLE 
NEGATIVE COVERAGE IN THE MEDIA. DESPITE HAVING YEARS TO 
PREPARE, THE AFFECTED INDUSTRIES ARE UNPREPARED TO 
HANDLE THE PUBLICITY AND MAY ALSO BE LATE TO ACT IN 
LOBBYING THE GOVERNMENT FOR MORE RATIONAL LEGISLATION. 
MANY COMPANIES AND INDUSTRY ASSOCIATIONS HAVE ASKED THE 
EMBASSY NOT TO BE VISIBLY INVOLVED, SINCE THERE IS A 
FEAR THAT THE U.S. PERSPECTIVE - AND EXPERTISE - WILL 
BE PERCEIVED AS BEING BIASED.  PLEASE SEE PARA 9. FOR 
POST REQUEST FOR GUIDANCE ON OUTREACH ISSUES. 
 
------------ 
THE PLAYERS 
------------ 
 
2.  (SBU) THE DOMESTIC STAKEHOLDERS IN THIS PROCESS CAN 
BE PUT INTO THREE BROAD GROUPS; THE ANTI-GMO COALITION, 
LED BY THE CONSUMER PROTECTION ASSOCIATION (CPA), THE 
TURKISH FOOD MANUFACTURERS PLATFORM, AND THE GOT.  A 
COMMON PERCEPTION AMONGST ALL PARTIES IS THAT THERE IS 
`RISK' ASSOCIATED WITH GMOS, DESPITE THE OVERWHELMING 
LACK OF EVIDENCE TO THAT EFFECT. 
 
3.  (SBU) THE CPA HAS LAUNCHED AN AGGRESSIVE ANTI-GMO 
CAMPAIGN IN THE PRESS, WHICH CONSISTS OF INFLAMMATORY 
ACCUSATIONS AND FALSE STATEMENTS, INTENDED TO SCARE 
CONSUMERS AND ENLARGE THEIR BASE.  GMO FOODS ARE 
DESCRIBED AS HARMFUL SUBSTANCES THAT WILL POISON 
CONSUMERS, OR AT A MINIMUM, GIVE THEM CANCER.  TURKISH 
FOOD AND AGRICULTURAL PROCESSING COMPANIES HAVE BEEN 
SLOW TO REACT TO THESE CLAIMS AND THE DEVELOPMENT OF 
POTENTIALLY RESTRICTIVE LEGISLATION.  RECENTLY, 
HOWEVER, THEY FORMED THE TURKISH FOOD MANUFACTURERS 
PLATFORM TO PROVIDE A FORUM TO DISCUSS THIS ISSUE WITH 
GOT REGULATORS.  THIS PLATFORM WILL IDEALLY PUT 
GOVERNMENT AND AFFECTED INDUSTRY MEMBERS TOGETHER.  AS 
IT MATURES, THIS ASSOCIATION WILL ALSO NEED TO ASSERT 
ITS VOICE IN THE TURKISH PRESS TO COUNTER NEGATIVE AND 
FALSE INFORMATION RELATED TO BIOTECHNOLOGY. THE TURKISH 
FOOD MANUFACTURERS PLATFORM IS ORGANIZING A SEMINAR IN 
EARLY DECEMBER THAT WILL FEATURE KEY EUROPEAN SPEAKERS 
IN AN ATTEMPT TO INFUSE SOME `SCIENTIFIC' AND 
`OBJECTIVE' PERSPECTIVES INTO THE DEBATE. 
 
4.  (SBU) THE GOT AND ITS BUREAUCRATS ARE PUT IN A VERY 
DIFFICULT POSITION BY ACTIONS OF THE CPA.  GOT 
BUREAUCRATS ARE ALREADY SUBJECT TO A HIGH DEGREE OF 
PERSONAL LIABILITY ON THE JOB, AND MOST ARE UNWILLING 
TO TAKE A PROGRESSIVE STANCE ON ANY ISSUE.  IN PUBLIC, 
GOT OFFICIALS APPEAR UNBIASED, HOWEVER, KEY OFFICIALS 
WHO ARE AGAINST THE TECHNOLOGY WITHIN THE MINISTRY OF 
AGRICULTUE ARE CURRENTLY GUIDING POLICY. FURTHER, THE 
LACK OF INFORMATION AND UNDERSTANDING OF THIS ISSUE IN 
THE TURKISH GOVERNMENT IS QUITE STARTLING.  ONE 
ACADEMIC WHO IS SERVING ON THE LAW'S DEVELOPMENT AND 
REVIEW COMMITTEE CONFUSED BIOTECHNOLOGY WITH BIOLOGICAL 
WEAPONS AND WANTED TO IMPOSE A DEATH SENTENCE ON THE 
ILLEGAL USE OF GMOS.  NOTE:  ACCORDING TO A 
REPRESENTATIVE OF THE TURKISH SEED ASSOCIATION, THE 
ACADEMIC WAS BASING HIS POSITION ON A LAW FROM 
TAJIKISTAN.  END NOTE. DESPITE THE FACT THAT THE EU 
RECENTLY SIGNALED ITS INTENTION TO BEGIN NEGOTIATIONS 
WITH TURKEY FOR ITS MEMBERSHIP IN THE EUROPEAN UNION, 
MOST TURKISH AGRICULTURE OFFICIALS BELIEVE THAT THE EU 
BANS ALL PRODUCTION AND IMPORTS OF GMO PRODUCTS. 
 
--------------- 
THE LEGISLATION 
--------------- 
 
5.  (SBU)  WHILE MOST AGREE THAT THERE IS A NEED FOR 
TURKEY TO DEVELOP LAWS TO REGULATE THE USE AND 
PRODUCTION OF BIOTECH PRODUCTS, ALL AGREE THAT THE 
CURRENT DRAFT LAW MISSES THE TARGET.  IF THE LAW WERE 
PASSED TODAY AS WRITTEN, THERE WOULD BE A DE FACTO BAN 
ON ALL AGRICULTURE PRODUCTS DEVELOPED THROUGH 
BIOTECHNOLOGY.  TO BE CERTAIN, FEW EXPORTERS WOULD RISK 
SHIPPING TO THIS MARKET.  THE UNITED STATES EXPORTS 
APPROXIMATELY $600 MILLION IN CORN, SOYBEANS PRODUCTS 
AND COTTON TO TURKEY ANNUALLY.  THE LAW DOES ALLOW FOR 
IMPORTS BASED ON `PERMISSION' ASSUMING A NUMBER OF 
CONDITIONS ARE MET.  RISK ASSESSMENTS CAN BE ORDERED, 
AND THE COST OF TESTING SHOULD BE BORN BY THE COMPANY. 
ALSO OF NOTE, SOCIO-ECONOMIC CONDITIONS CAN BE GROUNDS 
FOR REFUSAL.  QUOTE:  SOCIO-ECONOMIC EVALUATIONS ARE 
CARRIED OUT FOR EACH APPLICATION.  THE OUTCOME OF A 
CERTAIN APPLICATION DOES NOT SET PRECEDENCE FOR ANOTHER 
ONE.  END QUOTE. NOTE.  THESE ARE SINGLE SHIPMENT 
IMPORT APPLICATIONS - NOT PRODUCT APPLICATIONS. 
MOREOVER, THE LAW CONTAINS A CIVIL AND PENAL 
RESPONSIBILITY SECTION WHICH STATES THAT THERE IS 
"UNCONDITIONAL LIABILITY" FOR THE IMPORTER AND PRODUCER 
SHOULD ANY HARM APPEAR  - TO CONSUMERS OR THE 
ENVIRONMENT - WITHIN 30 YEARS. 
 
------------------------- 
THE CURRENT MARKET IMPACT 
------------------------- 
 
6.  (SBU)  ALTHOUGH THERE ARE CURRENTLY NO RESTRICTIONS 
ON THE IMPORT OR USE OF BIO-ENGINEERED PRODUCTS, SOME 
COMPANIES ARE REQUESTING NON-GMO INGREDIENTS.  COKE AND 
PEPSI REQUIRE ALL CORN-SWEETENERS FOR PRODUCTION OF 
SOFT DRINKS TO COME FROM NON-GMO CORN.  LOCAL TURKISH 
AGRICULTURE INDUSTRIES AND ASSOCIATIONS ARE RELUCTANT 
TO SPEAK OUT DIRECTLY IN FAVOR OF BIOTECH PRODUCTS FOR 
FEAR OF NEGATIVE REACTION.  RECENTLY, A TURKISH POULTRY 
COMPANY WHOSE STOCKS ARE TRADED IN THE TURKISH STOCK 
MARKET WAS FORCED TO DEFEND THE SAFETY OF ITS PRODUCTS 
- DIRECTLY TO THE STOCK EXCHANGE - BECAUSE THEY USE 
BIOTECH CORN AND SOY IN THEIR FEED.  FOOD AND 
AGRICULTURAL COMPANIES ARE FEARFUL OF BEING ASSOCIATED 
WITH THE ISSUE, AND LACK A COMMON VOICE TO DISPEL FALSE 
AND MISLEADING INFORMATION IN THE PRESS. 
 
7.  (SBU) ALTHOUGH CURRENTLY THERE IS A BAN ON GROWING 
GMO PRODUCTS HERE IN TURKEY, SOURCES INDICATE THAT 
ABOUT 2000 HECTARES OF GMO COTTON IS BEING GROWN IN THE 
SOUTHERN PART OF THE COUNTRY.  THE CPA ALSO ANNOUNCED 
IN A RECENT SEMINAR THAT IT HAS TESTED LOCALLY PRODUCED 
TOMATOES AND POTATOES AND DISCOVERED GMO CONTENT. 
 
-------------------------- 
THE NEED FOR MORE OUTREACH 
-------------------------- 
 
8.  (SBU) THE NEXT SIX MONTHS ARE EXPECTED TO DEFINE 
THE PLAYING FIELD FOR AGRICULTURAL BIOTECHNOLOGY IN 
TURKEY.  ONE THING IS CERTAIN - THE INDUSTRY AND 
GOVERNMENT ARE BOTH UNINFORMED AND UNSURE HOW TO MANAGE 
AN ISSUE THAT CONTINUES TO BE SUBJECT TO MISINFORMATION 
IN THE PRESS.  THE CPA AND THEIR ANTI-GMO CAMPAIGN ARE 
CURRENTLY WINNING THE BATTLE FOR CONSUMERS. 
 
9.  (SBU)  PER REFTEL, GOING BACK SEVERAL YEARS, 
FAS/ANKARA HAS ARRANGED SEVERAL SEMINARS ON 
BIOTECHNOLOGY AS WELL AS SEVERAL TRIPS TO THE UNITED 
STATES UNDER THE COCHRAN FELLOWSHIP PROGRAM TO 
INTRODUCE REGULATORS TO U.S. REGULATORY AGENCIES AND 
RESEARCH FACILITIES WORKING ON THIS ISSUE.  IN 
ADDITION, EMBASSY HAS SENT SEVERAL TURKISH OFFICIALS ON 
ITS INTERNATIONAL VISITOR PROGRAM.  U.S GRAINS COUNCIL 
ALSO INCLUDES TURKISH PARTICIPANTS IN ITS DOMESTIC 
PROGRAMS.  IN EACH CASE, PARTICIPANTS HAVE RETURNED TO 
TURKEY OVERWHELMINGLY IN SUPPORT OF THE CONTINUED USE 
OF AGRICULTURE BIOTECHNOLOGY.  THEY HAVE ALSO STRONGLY 
ADVOCATED THE CONTINUATION AND EXPANSION OF SUCH 
EXCHANGE PROGRAMS.  HOWEVER, ONE TURKISH OFFICIAL 
INDICATED THAT GOVERNMENT OFFICIALS HAD BEEN TOLD NOT 
TO SPEAK OUT PUBLICLY IN FAVOR OF GMOS.  FOR THIS 
REASON, THERE IS A NEED TO EXPAND THE RANGE OF 
PARTICIPANTS IN THESE PROGRAMS TO UNIVERSITIES, 
JOURNALISTS, FOOD AND FEED ASSOCIATIONS, AND FARMERS. 
FOR EXAMPLE, THE TURKISH FOOD MANUFACTURERS PLATFORM 
HAS EXPRESSED INTEREST IN SENDING A GROUP OF 
JOURNALISTS TO THE UNITED STATES TO ENLARGE THEIR 
EXPOSURE TO THIS ISSUE.  POST REQUESTS CONTINUED 
SUPPORT FOR COCHRAN AND IV EXCHANGE PROGRAMS, AS WELL 
AS OTHER PROGRAMS TO INCREASE EXPOSURE OF THESE ISSUES 
TO A BROADER AUDIENCE.  POST ALSO REQUESTS U.S. AND EU 
SPEAKER RECOMMENDATIONS FOR SEMINARS THAT ARE ORGANIZED 
IN TURKEY. 
 
EDELMAN