VZCZCXYZ0007
RR RUEHWEB

DE RUEHBO #0018/01 0051549
ZNR UUUUU ZZH
R 051548Z JAN 10
FM AMEMBASSY BOGOTA
TO RUEHC/SECSTATE WASHDC 1887
INFO RUEAUSA/DEPT OF HHS WASHINGTON DC
RUEHBO/AMEMBASSY BOGOTA

UNCLAS BOGOTA 000018 
 
SIPDIS 
OES/IHB 
 
E.O. 12958: N/A 
TAGS: TBIO WHO PREL PHUM CASC AMED CO
SUBJECT: DIPNOTE REGARDING NON-RESIDENT ORGAN TRANSPLANT RECIPIENTS 
 
¶1.      (U) Colombia's Ministry of Foreign Affairs delivered a 
diplomatic note dated December 16 outlining Colombia's regulations 
regarding organ transplants for non-resident foreigners. 
 
 
 
¶2.    (U) BEGIN UNOFFICIAL TRANSLATION OF DIPLOMATIC NOTE: 
 
 
 
DAM/CAE No. 68221 
 
 
 
The Ministry of Foreign Affairs- Directorate for Multilateral 
Economic, Social and Environmental Issues cordially salutes the 
Honorable Embassy of the United States of America and references 
the issue of organ transplants for foreign recipients not residing 
in Colombia. 
 
 
 
At the request of the National Health Institute (INS), in 
compliance with commitments before the Iberoamerican 
Network/Council of Donation and Transplants, particularly those 
contained in the Mar del Plata Declaration (2005), to which 
Colombia subscribed and, which recommends implementing strong 
measures to combat "International Transplant Tourism", which is 
understood as the "relocation of recipients and/or donors to other 
countries with the purpose of accessing an organ donation and/or 
transplant in exchange for economic compensation and/or violating 
local regulations for "organs assignation", this Ministry avails 
itself of the opportunity to inform the following: 
 
 
 
According to article 40 in Decree 2493 of 2004, the provision of 
transplant services to non-resident foreigners was regulated per 
the following: "the provision of organ transplant or tissue implant 
services to non-resident foreigners in the  national territory will 
be authorized as long as there are no nationals or resident 
foreigners in Colombia registered as recipients on the regional and 
national waiting lists, taking into account the unified technical- 
scientific criteria for assigning and selecting, and requiring a 
previous contract by the institution with the recipient or the 
entity that will assume the cost of the care." 
 
 
 
In this regard, and in accordance with current internal norms for 
the transplant of organs to patients who are non-resident 
foreigners in Colombia, it is necessary that the following three 
conditions be met; otherwise it would constitute an illegal 
practice: 
 
 
 
¶1. The non-existence of national or resident foreigners in Colombia 
registered as recipients on the regional and national waiting 
lists. 
 
 
 
¶2. The unified technical- scientific criteria for assignment. 
 
 
 
¶3. Prior contract between the institution and the recipient or the 
entity that will assume the cost of care. 
 
 
 
We thank you for taking into account the aforementioned 
recommendations and informing your Government and Health authority 
of this matter, as a part of the united efforts that WHO 
member-countries such as Colombia have made to condemn practices 
that take place outside of the legal framework. 
 
 
 
It is important to note that Colombia is a country that takes pride 
in honoring its international commitments and that it uses 
humanitarian criterion when presented with potential agreements 
between States, in order to exercise greater control over organ 
transplants for recipients that are non-resident foreigners in 
Colombia, taking into account the Mar del Plata (2005) and Bogota 
(2009) Declarations that state that "transplant tourism must be 
distinguished from transplant treatments for foreigners when they 
 
are carried out within the framework of regional or bilateral 
agreements between States". 
 
 
 
The aforementioned agreements' purpose is to create systems that 
guarantee the normalization, transparency and responsibility of the 
donation and transplant process, taking into account that organ 
trafficking and transplant tourism violate the principles of 
equality, justice and respect for human dignity, as proclaimed in 
the Istanbul Declaration (2008). 
 
 
 
The Ministry of Foreign Affairs- Directorate for Multilateral 
Economic, Social and Environmental Issues avails itself of this 
opportunity to renew to the Honorable Embassy of the United States 
of America the assurances of its highest consideration. 
 
 
 
Bogot????, D.C., December 16, 2009 
 
 
 
END TEXT OF DIPLOMATIC NOTE. 
BROWNFIELD