APPENDIX B Time-line of Disputes over Compulsory Licensing and Parallel Importation in South Africa Version 1.03 August 5, 1999 1994. The US/South Africa Binational Commission (BNC) is formed, co-chaired by Vice President Al Gore and Deputy President Thabo Mbeki. March 1, 1995, BNC holds first meeting in Washington, DC. April 7, 1997. Andrew Stoller of USTR writes letter to UN Ambassador from South Africa Selebi concerning the questions of the U.S. about implementation of TRIPS. Questions touch on such topics as compulsory licensing. May 13, 1997. PhRMA's Harvey Bale writes letter to Deputy USTR Jeffrey Lang discussing objections to proposed amendments to the South African Medicines and Related Substances Control Act. May 20, 1997, Aldridge Cooper, a Vice-President of Johnson & Johnson and Chairman of the U.S.-South African Business Council, writes Secretary of Commerce William Daley about the proposed changes in the South African Medicines Act. June 2, 1997. Representatives of Bristol-Myers Squibb, Merck, Johnson & Johnson, Eli Lilly, and American Home Products meet with the South African Ambassador to the U.S. Franklin Sonn, to discuss the proposed Medicines and Related Substance Control Amendment Bill and the issue of registration of a generic version of Taxol (Paciltaxel). June 3, 1997. Aldridge B. Cooper, a Vice-President of Johnson & Johnson and Chairman of the U.S.-South Africa Business Council, again writes US Secretary of Commerce William Daley to claim that the proposed amendments to the South Africa Medicines Act will have "grave consequences for not only the US pharmaceutical industry, but all US direct investment in South Africa." Cooper notes that the US government has set up "an inter-agency task force has been established under the direction of the Department of Commerce, involving the Office of the US Trade Representative, the State Department and the Department of Health and Human Services," and that a recent Congressional delegation raised the SA Medicines Act amendments in a recent trip to Africa. He asks that this be a subject of the July 1997 BNC meetings. June 1997. The US Embassy in Pretoria, echoing testimony by US pharmaceutical companies operating in South Africa, presents US government views at a parliamentary hearing on the proposed amendments to the Medicines Act. Since mid-1997. According to the US Department of State, US Ambassador to South Africa James Joseph makes frequent public statements and multiple private demarches to high-ranking South African officials against the legalization of parallel imports. July 24, 1997. US Representatives Menendz, Royce, Payne, Chabot, Rothman, Pallone, Davis and Andrews write letters to Deputy President Mbeki and Vice President Gore expressing concern about intellectual property of pharmaceuticals in South Africa. The letter addresses the pharmaceutical industry concerns over parallel imports and proposed requirements that drugs prescribed by public health doctors be identified by generic names, which the industry claims violates trademark rights under the WTO/TRIPS accord on intellectual property. July 29, 1997. Ralph Nader, James Love and Robert Weissman write Vice President Gore, asking for a meeting with US government officials to discuss dispute with South Africa's pharmaceutical policies. The letter focuses on parallel imports, generic drug substitution and registration of generic versions of Taxol. "We see no grounds for U.S. government intervention on behalf of the international pharmaceutical companies. Indeed, the U.S. should be supportive of the South African government's thoughtful initiatives, and use the opportunity to assert that U.S. foreign economic policy with respect to pharmaceuticals will subordinate commercial concerns to broader public health interests," they wrote. Vice President Gore was also urged to expand USTR's IFAC-3 advisory committee on intellectual property to include consumer interests. July 29, 1997. During U.S.-South African Binational Commission meeting, Secretary of Commerce William Daley voiced opposition to the proposed amendments to South African Trade and Industry (DTI) Minister Alec Erwin. July 29, 1997. PhRMA meets with Minister Zuma and others from South Africa in Washington, DC to discuss intellectual property of pharmaceuticals. The US government pushed for the meeting. The South African Ministry of Health wanted to invite intellectual property and trade experts but PhRMA objected. The meeting was chaired by Franklin A. Sonn, the Ambassador of the Republic of South Africa, and attended by Alan Holmer, the President of PhRMA, Tom Bombelles (PhRMA), Cathie Bennett (Pfizer), Dr. Khalil (Merck), Mitchell Cybulski (SKB), Brian Healy (Merck), Minister Zuma (SA MOH), Dr. Olive Shisana (SA MOH), Dr. Ian Roberts (SA MOH), Gregg Burton-Durham (SA DTI), and others. Dr. Zuma tells PhRMA that parallel importing will only be done for selected drugs, when it benefits patients, and that "it is unacceptable for South Africa to pay higher prices than Australia." PhRMA attacks parallel import authority as well as South African plans to promote use of prescribing drugs by generic name. August 19, 1997. The Pharmaceutical Manufacturers Association of South Africa (PMA) distributes a document entitled "South African Pharmaceutical Prices: A Six-Country Comparison," to argue that prices for pharmaceuticals are competitive in South Africa. September 17-19, 1997. The PMA South Africa submits comments and a position paper on the Medicines and Related Substances Control Amendment Bill to Portfolio Committee on Health. October 4, 1997. Ambassador James Joseph writes letter to Dr. Abe Nkomo of the Portfolio Committee on Health describing U.S. objections to section 15(c) of the Medicines Bill. Ambassador Joseph says "my Government opposes the notion of parallel imports of patented products anywhere in the world. We argued for a prohibition of such parallel imports in the TRIPS Agreement. They are illegal in the United States, both as an infringement of patent rights and, because in the case of medicines, our Food and Drug Administration (FDA) believes it cannot adequately monitor quality." October 6, 1997. James Love, on behalf of the Consumer Project on Technology, presents comments, via fax, to the Portfolio Committee on Health Parliament, Cape Town, on the Medicines and Related Substances Control Amendment Bill and South African Reform of Pharmaceutical Policies. The CPT comments reviewed the legality of parallel imports under the WTO/TRIPS Agreement (legal under Article 6), and in recent cases in Japan and the European Union. CPT also presented evidence from the UK on parallel import savings on HIV drugs, and discussed the Taxol issue. October 10, 1997. MSD South Africa (Merck) writes a position paper expressing concern about Section 15C of the SA Medicines Act. October 14, 1997. Dr. Elizabeth Ominde-Ogaja, the Director of the National Quality Control Laboratory in Kenya, writes the Peter Foib (sp?), the Director of the South African Medicines Control Council, to express opposition to parallel importation, which Kenya has outlawed. October 24, 1997. Simon Barber, writing in the Johannesburg Business Day, reports that Senator Jesse Helms may hold up ratification of the new U.S./SA Tax Convention, in retaliation for South Africa having "abrogated" the patent rights of US drug companies by permitting parallel imports. Barber reports that Helms' is acting on behalf of Glaxo, the British drug company that sells AZT and other drugs, with offices in North Carolina. October 27, 1997. The Department of Trade and Industry (DTI) of South Africa responds to U.S.-South Africa Business Council concerns over article 15(c). Emily B. Solman, the Managing Director of the SA Business Council, contacts USTR, US Department of Commerce, US PTO, US Department of State and the US National Security Council the next day. November 19, 1997. David Miller of the Corporate Council on Africa writes to the Southern African Development Community, Secretary Shalala, USTR Barshefsky, Senators Helms and Ashscroft, Representatives Gilman and Royce, and others, to express opposition to the South African Medicines Act amendments. November 25, 1997 - Ambassador Erwan Fouere, the Head of the European Commission delegation in South Africa, writes letter to Dr. Olive Shisana, the Director General for the South African Department of Health, advising South Africa that "The European Commission has received complaints from the European Pharmaceutical Industry that the South African bill Section 15C, to amend the Medicines and Related Substance Control Act from 1965 (MRSC) appears to be in violation of the TRIPS Agreement and in particular Article 27 (non discrimination) and 28 (rights conferred by the patent)." No mention is made of the extensive use of parallel imports within the European Union, or of Articles 6 or 31 of the TRIPS. December 12, 1997. President Mandela signs into law amendments to the South African Medicines Act, including Section 15C. January 8, 1998. Dr. Nathaniel Murdock of the U.S. National Medical Association (NMA) writes a number of letters expressing opposition to the SA Medicines Act. January 21, 1998 - The U.S. National Black Nurses Association writes to President Mandella expressing concern that the South African government might "inadvertently encourage the production of drugs that are not authentic," and urges changes in the South African Medicines Act. January 23, 1998 - The National Black Caucus of State Legislators sends letters, signed by Lois DeBerry, the Speaker Pro Tem of the Tennessee House of Representatives and Roscoe Dixon of the Tennessee State Senate, to Minister of Health Zuma and President Mandella. The letters ask for a new amendment to the SA Medicines Act to prohibit parallel importation of patented products. January 27, 1998. The Executive Board of the World Health Assembly recommends the adoption of EB101.r24, the Revised Drug Strategy. The resolution asks member countries to "ensure that public health rather than commercial interests have primacy in pharmaceutical and health policies and to review their options under the Agreement on Trade Related Aspects of Intellectual Property Rights to safeguard access to essential drugs." The resolution, which was introduced by Dr. Timothy Stamps, the Minister of Health for Zimbabwe, is attacked by the international pharmaceutical industry and governments in the US and the EU. February 2, 1998 - 47 members of U.S. Congress write letter to USTR Charlene Barshefsky urging her to take actions against the recently passed amendments to the SA Medicines Act. February 11, 1998. The US Department of State tells USTR that the New York Times is researching an article on the South African trade dispute. Steven Fox from USTR tells Jay Ziegler in South Africa to use the following statement "We are very concerned about the implications of these amendments. We have conveyed our concerns to the Government of South Africa in strong terms and are consulting closely with affected U.S. companies about appropriate action." The NYT story runs on March 29, 1998. February 11, 1998. Anthony Carroll from The Services Group (TSG, located in Arlington Virgina), send a fax to USTR's Rosa Whitaker, with suggestions for talking points on parallel imports. February 13, 1998. USTR's Joe Papovich attends interagency meeting chaired by Leon Fuerth of Vice President Gore's office to discuss addressing the Medicines Bill at the upcoming South African BNC meeting. February 18, 1998. 39 Pharmaceutical companies file a lawsuit against the government of South Africa. February 19, 1998. Tom Bombelles of PhRMA sends USTR's Rosa Whitaker talking points and articles on parallel importation. February 23, 1998 - Pharmaceutical Research and Manufacturers of America (PhRMA) asks USTR to designate South Africa as a Priority Foreign country under the Special 301 Review. PhRMA says that "South Africa has become a `test case' for those who oppose the U.S. government's long-standing commitment to improve the terms of protection for all forms of American intellectual property, including pharmaceutical patents." February 23, 1998. Bristol-Myers Squibb (through Collier, Shannon, Rill & Scott and the Gorlin Group) presents comments to Joseph Papovich at USTR, asking that South Africa be "designated a priority foreign country" under Special 301. The compliant focuses on the decision of South Africa to permit registration of a generic from of Paclitaxel (BMS brand name Taxol). March 9, 1998. The US Supreme Court upholds the legality of parallel imports of certain copyrighted goods in Quality King Distributors, Inc. v. L'Anza Research International. March 10, 1998. Tom Bombelles of PhRMA writes USTR's Steven Fox, thanking him for "meet with our PhRMA group today, and attaching notes from the July 29, 1997 meeting between PhRMA and Minister Zuma and her staff. March 11, 1998. The U.S. South African IP Working Group holds a teleconference. One issue discussed was the March 9, 1998 US Supreme Court decision that upheld U.S. parallel imports for certain copyrighted goods. March 17, 1998. USTR Barshefsky responds to Congressman Menendez and 46 other members of congress stating that "This issue is a centerpiece of our annual `Special 301' review of countries' intellectual property practices. Our concerns about the Medicines Act were the central focus of a bilateral IPR teleconference we conducted March 11. We will raise the issue again during the President's visit to South Africa. USTR and other agencies with both trade and health policy responsibilities will continue to press the South African Government in all possible fora as long as possible." March 19, 1998 - USTR's Rosa Whitaker, Liz Artky and Stephen Fox meet with Congressman Menendez to discuss the SA Medicines Act. March 20, 1998. USTR's Stephen Fox discusses with Jim Carouso in the US embassy in Pretoria a March 23 meeting with the European Union, asking the EU to push Minister Zuma on the SA Medicines Act. March 23, 1998 - Sir Leon Brittan, VP of the European Commission, writes to VP Mbeki describing his concern with Section 15(c) of South African Medicines and Related Substances Control Act, saying the Act "would negatively affect the interests of the European pharmaceutical industry." Brittan does not knowledge that parallel imports of pharmaceuticals are common within the European Union. March 25, 1998. The Government of South Africa send a report entitled "Trade Policy Review" to the World Trade Organization, stating that "IPR protection in South Africa is consistent with the WTO Agreement on Trade Related Intellectual Property Rights (TRIPS)." March 26, 1998. President Clinton addresses South African Parliament. March 26, 1998 - Secretary of Commerce Daley met with South African Health Minister Zuma. According to the US State Department, Daley emphasized the USG resolve to ensure South Africa would not use 15(c) to undermine pharmaceutical patent rights or allow parallel imports. Minister Zuma tells Daley the South African laws do not violate any international agreements. March 27, 1998. In a radio broadcast in South Africa, Tom Bombelles of PhRMA says the dispute over the South African Medicines Act is "the single most important economic or trade issue." The report says that Bombelles "alleges that South Africa is being used by India and Argentina as a test run to see how world wide agreements could be broken relating to the protection of intellectual property rights." Samir Khalil from Merck is also quoted. March 29, 1998. The New York times publishes "South Africa's Bitter Pill for World's Drug Makers," by Donald G. McNeil, Jr. The NY Times article reports that South Africa pays prices that are sometimes eight or nine times as high as other countries for common drugs. Spring 1998 - Assistant U.S. Trade Representative for Africa Rosa Whitaker raises U.S. government concerns with both the Minister of Health and Minister of Trade and Industry in South Africa. April 9, 1998 - Congressmen Menendez and Royce write to Secretary of State Albright asking to use Special 301 against South Africa. April 14, 1998. Peter Collins, Steve Fox and Claude Burcky send a memorandum to Ambassador Richard Fisher, with talking points about why South Africa needs to be cited in Special 301. Among them: "Our Special 301 decisions will have no credibility with our industry or with the South Africans if we do not name South Africa in this year's announcement." And, "This law is a mistake, and identifying South Africa in the Special 301 announcement is a gentle reminder." Attached is a 4 page memo, "U.S. Support for South Africa's Health Care Goals," which claimed that prices in South Africa now "represent some of the lowest prices in the world," and "parallel importation . . . does not work. . . Parallel importation often is only a way for middlemen to make more money." April 21-23, 1998. In Geneva, USTR's Rosa Whitaker submits "questions from the United States" to the WTO Trade Policy Review of South Africa, Botswana, Lesotho, Namibia, and Swaziland. The US questions on South Africa focus on South Africa's approval of generic versions of Taxol (As a possible TRIPS Article 39.3 violation), and Section 15C of the SA Medicines Act. May 1, 1998. USTR puts South Africa on the Special 301 Watch list. The USTR announcement focuses on the SA Medicines Act, including the authorization of parallel imports and empowering the Minister of Health to "abrogate paten rights," as well as the registration of a generic form of Taxol, and insufficient enforcement of copyright laws. May 7-8, 1998. Seven public health and consumer groups from around the world (including CPT, HAI and Consumers International) hold a conference in Washington, DC on the issue of health care, intellectual property rights and international trade agreements. The USTR and the US FDA refuse to participate. The Department of State, the NIH and other federal agencies do participate. May 11, 1998. The World Health Assembly (WHA) begins meetings in Geneva. An executive board resolution on the WHA "Revised Drug Strategy" draws heated opposition from the US, the EU and Japan. In negotiations on the resolution, Dr. Olive Shisana from the SA MOH is the lead negotiator for the African countries. The US government threatens diplomatic pressure remove Dr. Shisana from the negotiations. The EU DGI does not permit Finland and other Nordic EU members to support the resolution. Italy and the US move to defer action on the resolution. June 30, 1998 - White House announces that four items, for which South Africa had requested preferential tariff treatment under the Generalized System of Preferences (GSP) program will be held in abeyance pending adequate progress on intellectual property rights protection in South Africa. The South African press refers to the withheld GSP tariff reductions as "hostages." June 1998. According to the US Department of State, US Embassy official travel to Midrand, South Africa to speak at "Pharmecon SA '98" pharmaceutical industry conference about strong US negative views on Article 15(c). July 1998. French President Chirac raises France's concerns about Article 15(c) in state visit to South Africa. Swiss and German presidents also raised issue privately with Deputy President Mbeki. July 1998. Assistant USTR Rosa Whitaker met with the South African Charge d'Affaires in Washington to stress US concerns about pharmaceutical patent protection and parallel importation in South Africa. August 1998. During U.S.-South Africa Binational Commission meetings in Washington, Vice President Gore made the issue of pharmaceutical intellectual property rights protection a central focus of his discussions with Deputy President Mbeki. September 1998. Commerce Secretary Daley, in trip to South Africa, made pharmaceutical patent protection a key item in discussions with South African Trade and Industry Minister Alec Erwin. September 1998 . Discussions between Assistant USTR for Services, Investment, and Intellectual Property Joseph Papovich and the Deputy President Mbeki's legal advisor takes place. The South African government asks the US government to intervene with the US pharmaceutical industry to suspend or terminate its pending legal challenge to Article 15(c). October 1998. The US Embassy dispatches an economic officer to Cape Town to monitor committee and full chamber debates on the South African Medicines Act. He "forcefully advocates" the US position and advised parliamentarians that new law should not include provisions that jeopardize patent rights. October 12-16, 1998. In Geneva, the World Health Organization hosts a meeting of the "Ad Hoc Working Group" to discuss the WHA's Revised Drug Strategy. 59 countries participate in often bitter discussions. South Africa is the leading country in favor of a strong public health statement, and the US is the leading country representing the industry point of view. The Ad Hoc Working Group approves a resolution that asks countries to "ensure that public health interests are paramount in pharmaceutical and health policies," "to explore and review their options under relevant international agreements, including trade agreements, to safeguard access to essential drugs," and the WHO is asked to become involved in trade disputes involving pharmaceutical health policies. According to Nordic countries, the US seeks to water down the resolution, but after support for the US position collapses among the participants, the U.S. drops opposition and announces it will support the resolution. The US and PhRMA offer nearly the opposite interpretation of events. Public health groups endorse the new resolution. October 21, 1998. HR 4328 passes, and becomes PL 105-277. This omnibus appropriations law contains a provision inserted by Rep. Rodney Frelinghuysen (R-NJ) that cuts off aid to the government of South Africa, pending a Department of State report outlining its efforts to "negotiate the repeal, suspension, or termination of section 15(c) of South Africa's Medicines and Related Substances Control Amendment Act No. 90 of 1997." November 1998. A new medicines bill is passed in South Africa with provisions identical to Article 15(c). November 1998. The U.S. State Department's Economic Minister Counselor in Pretoria meets with South African Department of Foreign Affairs officials to discuss resolution of the pharmaceutical patent controversy. December 4, 1998. Joe Papovich, the Assistant USTR for Services, Investment, and Intellectual Property, sends a letter to Deputy President Mbeki's legal advisor Mojanku Gambi noting the USG's interest in Health Minister Zuma's discussions with pharmaceutical industry executives. December 1998 - Secretary Daley meets with Mbeki and Erwin. The Department of State says that pharmaceutical patent protection was the most important topic discussed. January 26, 1999. The WHA Executive Board meets in Geneva, and approves the Revised Drug Strategy resolution that was proposed by the Ad Hoc Working Group in October, 1998. Dr. Desmond Johns from South Africa presents comments to WHA Executive Board that specifically mention parallel importing and compulsory licensing. January 1999. The State Department's Economics Minister Counselor in Pretoria raises pharmaceutical patent protection issue with Deputy President Mbeki's economic advisor. February 5, 1999. The US Department of State sends a report to the US Congress, entitled, "US Government efforts to negotiate the repeal, termination or withdrawal of Article 15(c) of the South African Medicines and Related Substances Act of 1965." According to the report: All relevant agencies of the U.S. Government the Department of State together with the Department of Commerce, its U.S. Patent and Trademark Office (USPTO), the Office of the United States Trade Representative (USTR), the National Security Council (NSC) and the Office of the Vice President (OVP) - have been engaged in an assiduous, concerted campaign to persuade the Government of South Africa (SAG) to withdraw or modify the provisions of Article 15(c) that we believe are inconsistent with South Africa s obligations and commitments under the WTO Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) . . . Since the passage of the offending amendments in December 1997, U.S. Government agencies have been engaged in a full court press with South African officials from the Departments of Trade and Industry, Foreign Affairs, and Health, to convince the South African Government to withdraw or amend the offending provisions of the law, or at the very least, to ensure that the law is implemented in a manner fully consistent with South Africa s TRIPS obligations. February 16, 1999. PhRMA's 301 submission to US government asks that South Africa be listed as a Priority Foreign Country under Special 301. PhRMA's complaint focuses on parallel imports, compulsory licensing and "data exclusivity" (the Taxol issue). A new element in the 1999 submission is PhRMA's attacks on South African government's public statements at the World Health Assembly, including a bitter attack on the South African governments statements during the negotiations on the Revised Drug Strategy. PhRMA added: "From the recent remarks and actions, the apparent intent of the Government of South Africa is to not only defend its diminishment of the effectiveness of patent protection in South Africa, but to urge other countries to similarly weaken patent protection for pharmaceutical products. Such a posture is plainly antagonistic to the concept of effective patent protection for pharmaceuticals,and is likely to give rise to a substantial diminishment of the effectiveness in protection not only in South Africa but elsewhere." February 17, 1999. The US Department of State briefs the pharmaceutical industry on international HIV/AIDS policy, and on international efforts to promote compulsory licensing of HIV/AIDS drugs. February 17, 1999. Vice President Gore, Secretary of Commerce Bill Daley, Attorney General Janet Reno, Agriculture Secretary Daniel Glickman, Energy Secretary Bill Richardson, surgeon-general David Satcher and 65 senior officials and advisors and 100 or more administrative and security persons begin a meeting of the US/South Africa Binational Commission. February 18, 1999. The US Department of State briefs non- government public health groups on international HIV/AIDS policy, but refuses to permit discussion of trade disputes involving compulsory licensing, parallel imports or other intellectual property issues. Ralph Nader and James Love write Secretary Madeleine Albright, "strongly objecting" to the decision to forbid discussion on IP issues, and asking for a second NGO briefing focusing on the IP/trade issues. February 23, 1999. Representative Jess Jackson, Jr. introduces HR 772, the HOPE for Africa bill, which includes Section 601, which would cut off funding to any department or agency that sought "through negotiation or otherwise, the revocation or revisions of any sub-Saharan African intellectual property or competition law or policy that is designed to promote access to pharmaceuticals or other medical technologies," as long as the laws comply with TRIPS. February 1999. USTR officials and Mbeki's advisors meet. February 1999. Vice President Gore meets with Mbeki, and again raises US concerns regarding South Africa Medicines Act. Leon Fuerth, the Vice President's National Security Advisor is among those attending the meeting. The Vice President's staff later gives different versions of the discussions. Following the Vice President's talks with Mbeki, the US PTO speaks out against the use of compulsory licensing in a meeting in Geneva,South Africa is placed on the USTR watch list for intellectual property violations, scheduled for an out-of-cycle review focusing on the Medicines Act, and criticized by the US government for its intention to use compulsory licensing and parallel imports, for speaking out at the World Health Assembly and for approval of generic versions of Taxol, an unpatented drug that was invented by the US government. March 25-27, 1999. CPT, MSF and HAI sponsor meetings in Geneva on compulsory licensing of essential medical technologies. Lois Boland, representing the US Patent and Trademark Office (US PTO), acknowledges that the USG position on compulsory licensing is not reflected in the TRIPS. The fact that [the USG] view is not reflected in the TRIPs agreement, in the multilateral context, is fully acknowledged. In our bilateral discussions, we continue to regard the TRIPs agreement as an agreement that establishes minimum standards for protection and, in certain situations, we may, and often do, ask for commitments that go beyond those found in the TRIPs agreement. The South African government attends the meetings, but in deference to pressures from the US, does not participate on panel discussions. April 8, 1999. Ralph Nader and James Love write Vice President Gore asking for a reversal of US policy on South African Medicines Act and parallel import and compulsory licensing. April 11, 1999. Lisa Richwine from Rueters writes the first major U.S. wire story about the South Africa/Thailand trade dispute over access to HIV/AIDS drugs. April 21, 1999. Several hundred demonstrators march in downtown Washington, DC in support of Jessie Jackson's H.O.P.E for Africa legislation, in support on compulsory licensing for HIV/AIDS and other essential medicines. April 28, 1999. Merrill Goozner writes a page one story in the Chicago Tribune, "Third World Battles for AIDS Drugs." This is the first major US newspaper story on this issue. The President reads the story on Air Force One. April 30, 1999. USTR announces that South Africa is placed on the "watch list" in its Special 301 Review, and schedules an "out-of-cycle" review for South Africa to conclude in September 1999. According to USTR, South Africa's "barriers to trade" are parallel imports, compulsory licensing, registration of generic forms of Taxol, and speaking out at the World Health Assembly. "During the past year, South African representatives have led a faction of nations in the World Health Organization (WHO) in calling for a reduction in the level of protection provided for pharmaceuticals in TRIPS. " May 12, 1999. CPT and Act Up meet with the Department of Health and Human Services (DHHS) to discuss trade disputes involving intellectual property rights and health care, to ask DHHS to moderate US trade polices in order to improve access to drugs. DHHS is also asked to give the World Health Organization and foreign governments to right to use US government use rights in patents obtained with federally funding. May 24, 1999. In Geneva, the World Health Assembly approves the Revised Drug Strategy. June 7, 1999. The International Issues subcommittee of the Presidential Advisory Council on HIV/AIDS (PACHA) holds a public debate on compulsory licensing and parallel imports. The Clinton/Gore Administration declines a request to explain US policy. CPT asks that PACHA recommend that the US end trade pressures on compulsory licensing and parallel imports, and that the US government enter into an agreement with the WHO giving the WHO the right to use federal "public use" rights for pharmaceutical patents based upon government funded research. June 16, 1999. HIV/AIDS activists begin campaign to disrupt Vice President Gore's campaign to draw attention to US trade sanctions against South Africa and Thailand. June 22, 1999. CPT, Public Citizen and HIV/AIDS activists meet with Sandra Thurman, Director of White House Office of National AIDS Policy, Thomas Rosshirt, Vice President Gore's foreign policy spokesman and others to discuss compulsory licensing and parallel imports. June 24, 1999. The US Supreme Court rules that State governments cannot be sued for patent infringement. (Florida Prepaid Postsecondary Education Expense Board V. College Savings Bank et al.) June 24, 1999. Rep. James Clyburn of Congressional Black Caucus writes a letter to VP Gore with concerns over trade sanctions against South Africa June 25, 1999. Vice President Gore writes James Clyburn of the Congressional Black Caucus, saying "I want you to know from the start that I support South Africa's efforts to enhance health care for its people including efforts to engage in compulsory licensing and parallel importing of pharmaceuticals -- so long as they are done in a way consistent with international agreements." June 26, 1999. CPT writes James Clyburn asking the Black Caucus to seek clarification from the Vice President on his interpretation of international law concerning parallel imports and compulsory licensing. July 21, 1999. The House of Representatives, by a vote of 117 to 307, reject the "sanders amendment" to the Department of State appropriation bill. The Sanders amendment was fashioned after section 601 of the Hope for Africa bill making it illegal for the Department of State to lobby Asian or African countries against access to essential medicines, if the country was TRIPS compliant. Seven members of the Black Caucus and 110 democrats vote against the amendment. July 22, 1999. Representative John Mica holds hearings in the House of Representatives on US Trade policy and the Global AIDS crisis. Joseph Papovich from USTR testifies that it now has no objection to parallel importing or compulsory licensing of pharmaceutical drugs in South Africa, if TRIPS compliance. Members of Congress ask USTR to clarify what the USG understanding of TRIPS compliance. July 28, 1999. South Africa Trade and Industry Minister Alec Erwin and US Trade Representative Charlene Barshefsky have 3 1/2 hour video conference negotiation over South Africa Medicines Act, steel dumping dispute and discuss US concerns over South Africa procurement practices. The South African press reports a deal is at hand on the Medicines Act dispute. August 4, 1999. Representative Jackson, et all introduce HR 2700, the ''Highly Essential Life saving Pharmaceuticals for Africa Act'' or the ''HELP for Africa Act''.