VZCZCXYZ0000
PP RUEHWEB

DE RUEHBO #1850/01 1601850
ZNR UUUUU ZZH
P 091850Z JUN 09
FM AMEMBASSY BOGOTA
TO RUEHC/SECSTATE WASHDC PRIORITY 9119
INFO RUEHBR/AMEMBASSY BRASILIA 8957
RUEHCV/AMEMBASSY CARACAS 2318
RUEHPE/AMEMBASSY LIMA 7625
RUEHLP/AMEMBASSY LA PAZ JUN PANAMA 3718
RUEHQT/AMEMBASSY QUITO 8325

UNCLAS BOGOTA 001850 
 
SENSITIVE 
SIPDIS 
 
OES/STC FOR KDELAK; PASS TO USTR JRAGLAND 
 
E.O. 12958: N/A 
TAGS: ECON TSPL KCIS PGOV EINV CO
SUBJECT: GOC WANTS TO CONCLUDE S&T AGREEMENT AS DELIVERABLE 
 
REF: A. BOGOTA 1462 
     ¶B. STATE 45800 
     ¶C. BOGOTA 168 
 
¶1. (U)  SUMMARY:  The GOC reiterated its commitment to the 
U.S.-Colombia Science & Technology (S&T) Agreement and 
expressed urgency to reach an accord in the event that a 
potential Uribe-POTUS bilat takes place in the near future. 
Nonetheless, they still suggest numerous changes to the 
latest draft, most notably to Section III-A of the IPR Annex 
so that copyright ownership would be determined on a 
case-by-case basis.  While work remains to be done to bridge 
differences, the GOC is clearly committed to the process as 
evidenced by its quick turnaround of the latest USG proposal. 
 EconOffs will send copies by unclas e-mail of the official 
GOC counterproposal text to USG interagency players.  END 
SUMMARY. 
 
GOC Working Group Committed to Agreement 
---------------------------------------- 
 
¶2. (SBU) On June 5 EconOffs received the GOC's response to 
the draft Agreement and IPR Annex with the GOC interagency 
S&T group:  Ministry of Foreign Affairs Director of 
International Cooperation Enrique Maruri, MFA North American 
Affairs Officer Adriana Maldonado, MFA IPR Officer Oscar 
Echeverry, Advisor to the Vice-Minister of Environment 
Giannina Santiago, IPR Advisor to the Vice-Minister of 
Commerce Liliana Ariza, and Advisor to the Director of 
Colciencias Sara Arauja.  The GOC noted the difficulties 
associated with restarting IPR Annex talks from zero, but 
highlighted its commitment to finding consensus.  The GOC 
interagency group had met twice following the initial meeting 
with EconOffs on May 6 (ref A).  During a June 9 meeting with 
EconOff and visiting Jefferson Science Fellow the GOC team 
showed urgency in engaging with USG counterpart, with an eye 
toward reaching agreement before a potential June 29 
high-level bilateral meeting. 
 
Disputed Sections of Agreement Text 
----------------------------------- 
 
¶3. (U) The GOC has four suggested changes within the 
Agreement text: Article V, Article VII (paragraph 2), Article 
VIII (paragraph 2), and Article IX (paragraph 2).  The GOC 
requests:  Article V, delete the phrase "be encouraged to," 
as Arauja from Colciencias said the GOC wanted to ensure 
joint research collaboration under the agreement, rather than 
encourage it; Article VII, paragraph 2, change the title of 
Colciencias to Administrative Department for Science, 
Technology and Innovation, given Colciencias' new title and 
status after the January 2009 passing of the new S&T Law (ref 
C); Article VIII paragraph 2, make specific reference to the 
IPR Annex and alter the language to mirror the preamble of 
the Annex; Article IX, substitute "create conditions for" for 
"facilitate the" and delete "geographic area" at the request 
of the Ministry of Environment. 
 
Disputed Sections of IPR Annex 
------------------------------ 
 
¶4. (U) The GOC has numerous areas of concern within the IPR 
Annex.  The GOC proposes the following changes: delete 
Section II-D, arguing that the relevant institutions or 
entities, rather than the Parties, should participate in 
dispute settlement; change Section III-A to allow scientist 
exclusive rights to intellectual property, with the GOC 
noting that this was their most important change; add a 
sentence about national laws in Section III-B(1); add a 
sentence to Section III-B (2b) regarding the exploitation of 
IPR; delete Section III-B(2c) because the GOC believes 
territoriality should not apply; delete the sentence 
regarding the three month limitation in Section III-B(2d), as 
the GOC expects to always reach agreement to any potential 
disputes; delete a phrase in Section III-B(2e) due to 
existing GOC legislation regarding disclosure that cannot be 
superseded by this agreement; and add "domestic" to Section 
IV in reference to laws, regulations and administrative 
practices. 
 
¶5. (U) The GOC requested to discuss the USG response to its 
comments as soon as possible, suggesting that a digital video 
conference (DVC) with the USG interagency might be a prudent 
next step.  EconOffs will forward all GOC responses to the 
USG interagency group via unclas email. 
Brownfield