[Intl-tobacco] Congressmen oppose US weakening FCTC

[Robert Weissman]

This letter to President Bush, the referenced US Embassy letter to Suadi
Arabia, and Philip Morris e-mail are available at:
http://www.house.gov/reform/min/pdfs/pdf_inves/pdf_tobacco_bush_admin_feb_2=
6_let.pdf

For Immediate Release
February 26, 2003

Karen Lightfoot (with Rep. Waxman): (202) 225-5051
Joe Shoemaker (with Sen. Durbin): (202) 224-7028
Julie Davis (with Rep. Doggett): (202) 225-4865

Rep. Waxman, Sen. Durbin and Rep. Doggett Urge Administration to Stop
Tactics to Weaken Tobacco Treaty

(Washington, DC) --- February 26, 2003 --- After learning that the U.S.
is pressuring other countries to promote its irresponsible, pro-tobacco,
anti-health agenda during negotiations on the Framework Convention on
Tobacco Control, Rep. Henry A. Waxman (D-CA), Sen. Richard J. Durbin
(D-IL) and Rep. Lloyd Doggett (D-TX) sent a letter to President Bush
today, urging that the Administration reverse its course.

"It is outrageous that rather than working with the international
community to eliminate the shared threats we face to our health, our
security, and our environment, the Administration opts instead to
squander goodwill in the aftermath of 9/11 and pursue policies that tend
to unite our enemies and undermine our allies," said Rep. Doggett.
"Instead of working with the majority of nations seeking meaningful
action against the nicotine pandemic, this Administration continues to
appease Big Tobacco at the expense of public health."

"It is astonishing that the United States has asked Saudi Arabia to
weaken the global tobacco treaty," said Rep. Waxman. "America's
international influence should not be misused to help tobacco companies
peddle their products to the rest of the world."

"The financial interests of the Marlboro Man seem to carry more weight
with this Administration than the health and well-being of the average
man. "This Administration is simply doing the bidding of Big Tobacco,"
said Sen. Durbin.
______________________________

Letter to President Bush from Rep. Waxman, Sen. Durbin and Rep. Doggett

February 26, 2003
The President
The White House
Washington, DC 20500

Dear Mr. President:

We have just become aware that one week prior to the final negotiating
session on the global tobacco treaty, the United States sent a letter to
Saudi Arabia asking for Saudi help in weakening the international
tobacco agreement. We strongly object to this action. We urge you to
renounce this position before the close of negotiations on Friday.

According to a letter sent from the U.S. Embassy in Riyadh to the
Ministry of Foreign Affairs of the Kingdom of Saudi Arabia, dated
February 8, 2003, the United States recognizes that the relationship
between health and trade will be "one of the most vigorously debated
issues" in the negotiations on the Framework Convention on Tobacco
Control (FCTC). The letter, which is attached, then explains the U.S.
position.

First, the letter asserts that there is no conflict between existing
trade rules and the FCTC. In fact, there is a long history of countries
and companies using trade arguments to fight tobacco control measures.
Most recently, for example, Philip Morris has argued that Canada's plan
to bar the use of misleading descriptors for cigarettes, including
"light" and "mild," would violate trademark protections in the North
American Free Trade Agreement and the World Trade Organization's
Technical Barriers to Trade Agreement. As many trade experts recognize,
the enormous harm tobacco causes justifies treating it differently than
other products.

Second, the letter states that "the United States will work to include
recognition in the FCTC of fundamental trade principles, such as
nondiscrimination." The effect of such language would be to allow
countries and companies to use "nondiscrimination" as a cover to attack
effective tobacco control measures that have different effects on
different products. Poor countries might not want to pursue tobacco
control policies that would risk an expensive legal battle, even one
that would be winnable. The result would be the deterring and delaying
of life-saving measures.

Third, the letter states that the United States encourages "trade and
agriculture ministry participation in developing government positions
for the February FCTC session." These are the ministries most likely to
represent the interests of the tobacco industry. The unspoken
implication is that health ministries need to be countered in
negotiating the treaty.

This diplomatic overture to the Saudis just one week prior to the final
negotiating session can only be understood as an attempt to weaken the
treaty. It comes just one week after Rep. Waxman and Sen. Durbin
disclosed numerous instances of your Administration promoting tobacco
abroad in trade deals and other actions that raise serious questions of
compliance with congressional prohibitions.
Over a year ago, Rep. Waxman wrote to you protesting efforts by your
negotiators to weaken the tobacco treaty. We have just obtained a copy
of Philip Morris's internal analysis of this letter and your
Administration's actions on the FCTC, a copy of which is attached.
According to Philip Morris:

=ECIn general, PMI [Philip Morris International] and PM USA have taken
positions on the WHO treaty that, if anything, are to the left of the
Bush Administration . . . . [W]e are supporting a treaty that would have
many mandatory provisions to obligate signatory nations to minimum
standards. The Administration, in contrast, appears to favor a voluntary
approach in most areas.=EE

It is revealing that Philip Morris, the nation's largest cigarette
exporter, says that your positions are even less protective of public
health than its own. We urge you to reverse course immediately and
support a strong tobacco treaty.

Sincerely,

Henry A. Waxman
Ranking Minority Member
Committee on Government Reform
U.S. House of Representatives

Richard J. Durbin
Ranking Minority Member
Subcommittee on Oversight of Government Management, Restructuring, and
the District of Columbia
Committee on Governmental Affairs
U.S. Senate

Lloyd Doggett
Member
U.S. House of Representatives