US-Australia Free Trade Agreement

Text

Full Text of the US-Australia FTA.

IP Chapter

Government Documents

US Government
- USTR Documents
  - USTR Page on the US-Australia FTA
  - November 17, 2004. Letter from Zoellick to Australian Trade Minister Mark Vaile. "If subsequent proactice reveals problems with the full exercise of U.S. rights I have discussed above, Australia should expect that we will take appropriate remedial action."
  - November 17, 2004. U.S. and Australia Address FTA Implementation Issues - FTA to Take Effect January 1, as Planned.
  - July 8, 2004. US-Australia FTA - Questions and Answers About Pharmaceuticals.
  - May 18, 2004. Press release. United States and Australia Sign Free Trade Agreement.
  - February 8, 2004. Press release. U.S. and Australia Complete Free Trade Agreement Trade Pact With Australia Will Expand U.S. Manufacturing Access to Key Pacific Rim Market.
  - February 8, 2004. Fact sheet. Free Trade "Down Under" - Summary of the US-Australia Free Trade Agreement.
  - November 15, 2002. Robert Zoellick. Letter to Speaker of the House of Representatives formally notifying Congress of the President's intent to negotiate a US-Australia Free Trade Agreement.
- Congressional Documents
  - July 23, 2004. Sens. Bingaman, Durban, Graham and Harkin. Letter to President Bush on the effects of the agreement on health policy in the U.S.
  - July 15, 2004. Senate debate and vote on US-Australia FTA.
  - July 14, 2004. Rep. Tom Allen. Statement during the House debate on the proposed U.S.-Australia Free Trade Agreement.
  - February 11, 2004. Rep. Tom Allen and Sen. Chuck Grassley. "Dear Colleague" Letter to Members of Congress.
  - February 10, 2004. Statement of Rep. Tom Allen on the Completion of the U.S.-Australia Free Trade Agreement.
  - January 15, 2004. Letter from Reps. Pelosi, Hoyer,Rangel, Stark, Matsui, Levin, Miller, Spratt, and Clayburn to President Bush.
  - December 15, 2003. Letter from 18 Members of Congress to Robert Zoellick.
  - December 15, 2003. Representative Allen. Letter to Robert Zoellick on the US-Australian FTA and Australia's Pharmaceutical Benefits Scheme.
  - October 17, 2003. Representatives Allen, Bereuter, Berry, Emerson, Snyder, Waxman and Wamp. Letter to President Bush on the US-Australian FTA and Australia's Pharmaceutical Benefits Scheme.
Australian Government
- Australian Department of Foreign Affairs and Trade Page on US-Australian FTA. Includes summaries for
  - Intellectual property provisions
  - Health
- February 4, 2005. Health Minister Tony Abbott. Statement on the Implementation of Australia's AUSFTA Commitments.
- November 17, 2004. Letter from Australian Trade Minister Mark Vaile to USTR.
- August 5, 2004. Final Report of the Senate Select Committee on the Free Trade Agreement between Australia and the United States of America.
- June 24, 2004. Senate Select Committee on the FTA between Australia and the US. Interim Report. (Chapter 3 deals with pharmaceuticals and intellectual property.)
- February 9, 2004. Statement of Julia Gillard, M.P., Shadow Minister for Health. Time for John Howard to Tell the Truth on Changes to Our PBS in the Free trade Agreement.
- February 8, 2004. Press release from the Ministry of Trade. Free Trade Agreement with the United States.
- November 6, 2003. Excerpt of a transcript of hearings within the Australian Parliament where Senator Conroy, the Opposition Spokesman for Trade, asks the Australian negotiator for this Agreement about the its impact on access to pharmaceuticals.
- October 26, 2003. Excerpts from Channel 9 interview with Health Minister Tony Abbott.
Joint statements from US and Australian negotiators
- October 31, 2003. Transcript of press briefing given by US and Australian negotiators following the fourth round of FTA talks.
- March 21, 2003. Press briefing by the cheif negotiators from Australia and the US.

Formal Submissions to Governments

Reports from Advisory Committees to the USTR These Advisory Committees are mandated by the Trade Act of 1974. There are a total of 32 such committees, and all of their reports to the USTR on the US-Australia FTA can be found here. The following two reports (written by committees almost entirely comprised of industry people) deal with IP and healthcare, and with the Australian Pharmaceutical Benefits Scheme.
- Industry Functional Advisory Committee on Intellectual Property (IFAC-3) Report.
- Industry Sector Advisory Committee for Chemicals and Allied Products (ISAC-3) Report.
Public comments submitted to the Australian government.

NGO Documents

September 27, 2004. Joint letter from seven Australian consumer organizations and sixteen individual academics to Prime Minister John Howard MP and Opposition Leader Mark Latham. Safeguards to ensure Protection of the Pharmaceutical Benefits Scheme from Provisions in the Australia-US Free Trade Agreement.
July 13, 2004. Center for Policy Analysis on Trade and Health. Australia FTA Could Jeopardize VA's Prescription Drug Benefit.
July 8, 2004. Doctors Reform Society of Australia. Open Letter to the United States Congress.
July 8, 2004. Center for Policy Analysis on Trade and Health. The U.S.-Australia Free Trade Agreement Preempts Drug Reimportation Bills, Challenges VA and Medicaid Drug Price Controls.
June 22, 2004. Center for Policy Analysis on Trade and Health. Testimony to the Ways and Means Committee, U.S. House of Representatives. US-Australia Free Trade Agreement: Implications for Prescription Drug Prices in the US and Australia.
May 6, 2004. Australian Consumers Association. Submission to the Joint Standing Committee on Treaties.
February 5, 2004. Fair Trade and Investment Network. USFTA to bring higher medicine prices despite Minister's promises.
February 4, 2004. Fair Trade and Investment Network. Don't trade off medicines and media for sugar.
December 3, 2003. The Australian Institute. A backdoor to higher medicine prices? Intellectual property and the Australia-US Free Trade Agreement.
- Full report.
- Press release.
May 19, 2003. Peter Sainsbury, President of the Public Health Association of Australia. Australia-US Free Trade Agreement and the Pharmaceutical Benefits Scheme (PBS).
January, 2003. Dr Patricia Ranald and Louise Southalan for the Australian Fair Trade and Investment Network. Submission to the Department of Foreign Affairs and Trade on the proposed Australia - United States Free Trade Agreement.

Comments from Companies aned Business Groups

October 18, 2004. International Federation of Pharmaceutical Manufacturers Associations. Post-FTA amendments to Australian law will undermine positive intent of Free Trade Agreement.
June 14, 2004. Bill Condie for the Evening Standard. Glaxo dismisses free trade concerns.
Homepage of the American-Australian Free Trade Agreement Coalition (AAFTAC). Also, check out the
- list of members of AAFTAC, which includes Bayer, DuPont, Eli Lilly, Merck, Novartis, and Pfizer.
- AAFTAC's January 22, 2004 letter to President Bush.
Australia-United States Free Trade Agreement Business Group.
February 6, 2003. Myron Brilliant, U.S. Chamber of Commerce Vice President for Asia. Testimony before the International Trade Commission in Support of the United States-Australian Free Trade Agreement.
January 21, 2003. International Intellectual Property Alliance. Comments to US Trade Representative.

Miscellaneous Sources

September, 2004. Buddhima Lokuge and Thomas Faunce. Trade Disputes and the Pharmaceutical Benefits Scheme: Constructive ambiguities, non-violation nullification disputes and the Australia US Free Trade Agreement.
July 13, 2004. Report prepared by Democratic staffers of the Senate Finance Committee. Australia FTA - Pharmaceuticals: Summary and Explanation of Agreement.
May 12, 2004. Peter Drahos for the Regulatory Institutions Network, Research School of Social Sciences, Australian National University. Submission to the Senate Committee on Australia-US Free Trade Agreement.
March 19, 2004. Ken Harvey in the Australian Review of Public Affairs. Pharmaceutical benefits and free trade: trouble ahead for subsidised medicines in Australia?
March 4, 2004. Ken Harvey, Latrobe University. USA - Australia Free Trade Agreement: Impact on pharmaceuticals.
November 26, 2003. Interview with Ron Pollock, Director of Families USA.
May, 2003. Dr K. Lokuge and Richard Dennis for the Australia Institute. Trading Away Our Health System? The impact of the Australia-US Free Trade Agreement on the Pharmaceutical Benefits Scheme.
January 30, 2003. Australian Education Union. Submission to US-FTA Task Force of the Office of Trade Negotiations, Department of Foreign Affairs and Trade.

News Stories

December 29, 2004. Sid Maher for the Australian. US drug makers pressure Canberra.
December 10, 2004. Inside US Trade. US Warns of Possible Challenge to Australian FTA Patent Provision.
December 3, 2004. Australian Associated Press. Trade deal: US reignites drugs row.
November 19, 2004. Inside U.S. Trade. U.S., Australia Settle Drug, Copyright Issues, Set to Implement FTA.
November 17, 2004. Elizabeth Becker and Robert Pear for the New York Times. Drug pricing endangers U.S.-Australia pact.
October 15, 2004. Inside US Trade. USTR Hints IPR Problems Could Delay US-Australia FTA.
October 13, 2004. Australian Associated Press. FTA on track: Vaile.
October 13, 2004. Australian Associated Press. Doubts raised over US trade deal.
October 12, 2004. The Australian Broadcasting Company. US throws free trade deal launch into doubt.
October 12, 2004. Michael Rowland for the Australian Broadcasting Company. Labor FTA amendments in jeopardy.
September 3, 2004. Inside U.S. Trade. Bush Administration Considering All Options on Australian FTA.
August 11, 2004. Ross Gittins for the Sydney Morning Herald. Selling off a slice of our country.
August 6, 2004. Australian Financial Review. Howard gives ground to salvage FTA.
July 15, 2004. Elizabeth Becker and Robert Pear for the New York Times. Deal with Australia dashes hopes of America's poor and ill.
July 12, 2004. Elizabeth Becker and Robert Pear for the New York Times. Trade Pact May Undercut Inexpensive Drug Imports.
July 2, 2004. Christopher S. Rugaber for the BNA International Trade Reporter. Bilateral Agreements Provision in Australia FTA Could Conflict With Drug Reimport Bill, House Member Says.
June 24, 2004. Matt Wade for the Sydney Morning Herald. House passes free trade law, Senate vote on hold.
May 29, 2004. Peter Drahos and David Henry. Op-ed in the British Medical Journal. The free trade agreement between Australia and the United States undermines Australian public health and protects US interests in pharmaceuticals.
May 20, 2004. Tim Colebatch and Marian Wilkinson for the Age. Labor warns it may block trade deal.
May 20, 2004. Peter Mitchell for the Australian AP. US trade deal raises prescriptions.
May 19, 2004. Elizabeth Becker for the New York Times. Trade Deal Opens Australia to U.S. Manufactured Goods.
May 15, 2004. Bob Burton for the British Medical Journal. Generics industry and doctors nervous over free trade deal.
April 28, 2004. Jonathan Kaplan for the Hill. GOP gives green light to trade deal - Speaker Hastert has been sitting on bill for months.
March 11, 2004. John Garnaut for the Sydney Morning Herald. Drug costs will rise with deal: US official.
March 5, 2004. Mark Davis for the Australian Financial Review. Drugs row threatens trade deal.
March 5, 2004. John Garnaut and Matt Wade for the Sydney Morning Herald. Jitters at details of trade deal with US.
March 5, 2004. Matt Wade for the Sydney Morning Herald. Some like it not, but maybe not enough to scuttle.
March 5, 2004. Mark Phillips for the Advertiser. Drug price fears as US trade details emerge.
March 2, 2004. John Garnaut and Matt Wade for the Sydney Morning Herald. Free trade deal tested as Labor threatens blockade.
February 11, 2004. Jason Frenkel for the Herald Sun. Aussies' script costs to soar.
February 10. 2004. Tim Colebatch and Marian Wilkinson for the Age. Barriers go in historic trade pact.
February 10, 2004. The Australian. Abbott denies US drugs flood.
February 10, 2004. Mark Metherell for the Sydney Morning Herald. Backdown on drug-subsidy scheme sickens experts.
February 10, 2004. Allison Caldwell for the World Today. Health advocates predict FTA will send PBS cost up
February 9, 2004. Matthew Daly for the Associated Press. U.S., Australia make free-trade agreement.
February 9, 2004. Mike Corder for the Associated Press. U.S.-Australia Free Trade Deal Opposed.
February 9, 2004. Doug Palmer for Reuters. US groups worry Aussie trade deal sets bad example.
February 9, 2004. The Age. Warning of planned PBS changes.
February 9, 2004. Paul Bluestein for the Washington Post. U.S., Australia Agree on Free-Trade Pact.
February 9, 2004. Patrick Goodenough for the Cybercast News Service. US-Australia Trade Deal Sealed.
February 6, 2004. Patrick Goodenough for Cybercast News Service. US-Australia Free Trade Talks Enter Make-or-Break Stage.
February 6, 2004 Austrlaian Broadcasting Corporation. PM Urged to Tell US to Keep Hands Off PBS.
February 5, 2004. The Age. FTA Talks Near Conclusion.
January 27, 2004. David Henry and Evan Doran for the Sydney Morning Herald. Why US drug firms want us to swallow their bitter trade pill.
January 24, 2004. Lucyt Beaumont for the Age. PBS adviser lobbying for US 'a disgrace'.
January 24, 2004. Bob Burton for the Inter Press Service. Free Trade Pact with U.S. May Hurt Access to Drugs.
January 21, 2004. Bloomberg. Lawmakers Press Bush on Sugar, Drugs in Australia Trade Talks.
January 20, 2004. Op-ed by David Fickling for the Guardian. War on cheap drugs.
January 19, 2004. Sydney Morning Herald. US Democrats express FTA drug fears.
December 18, 2003. Christine Wallace and Roy Eccleston for the Australian. US attempt to wind back generic drugs.
November 27, 2003. Elizabeth Becker for the New York Times. Drug Industry Seeks to Sway Prices Overseas.
November 26, 2003. Marian Wilkinson for the Sidney Morning Herald. US firm on trade talk demands.
November 24, 2003. The Age. Warning on FTA drug price hikes.
November 19, 2003. Agence France Presse. Australia-US Trade Deal May Be Delayed.
November 19, 2003. Channel News Asia. Australia-US free trade deal may be delayed: Howard.
November 2, 2003. Tim Colebatch for the Age. Drugs deal 'not on agenda': Abbott.
October 31, 2003. AAP. US free trade has a cost.
October 29, 2003. Christine Wallace for the Australian. US takes hard line on drugs in FTA.
October 28, 2003. Mark Davis for the Australian Financial Review. US wants drug scheme in trade deal.
October 28, 2003. Greg Ansley for the New Zealand Herald. Australia-US talks turn tense.
October 27, 2003. Roy Eccleston and John Kerin for the Australian. Drugs threaten US trade deal.
October 24, 2003. Tim Colebatch for the Age. Bush wants end to medicine subsidies.
October 24, 2003. Tom Allard for the Sydney Morning Herald. Fears grow over free-trade deal concessions.
October 24, 2003. Laura Tingle for the Australia Financial Review. Prime Minister Pressures Bush on Trade.
October 23, 2003. Tony Walker Washington for the Australian Financial Review. Support From US To Leave Drugs Out Of Trade Talks.
October 22, 2003. Tony Walker Washington for the Australian Financial Review. Support From US To Leave Drugs Out Of Trade Talks.
September 24, 2003. Australian Associated Press. Drug prices won't go up: Vaile.
May 19, 2003. Sharon Labi and Rod McGuirk for the Herald Sun. Medicines at risk in free trade.
May 5, 2003. Catherine McGrath for the Australian Broadcasting Corporation. Labor opposed to US-Australia free trade proposal.
March 29, 2003. Bob Burton for the British Medical Journal. US wants Australia to modify its cheap drugs scheme as part of trade deal.
March 22, 2003. Tim Colebatch for The Age. US trade officials call for clearer PBS system.
March 22, 2003. Christine Wallace for the Weekend Australian. Drug subsidy stays in free trade talks.
March 4, 2003. Australian Broadcasting Corporation. Interview with Australian Trade Minister Mark Vaile.
January 17, 2003. Tom Allard for the Syudney Morning Herald. US drug companies cry poor over PBS.
January 29, 2003. Eva Cheng for Green Left Weekly. Pharmaceutical benefits threatened by �free trade� agreement.
September 5, 2001. Anna Pha for the Guardian. "Free Trade" bonanza for US.

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