SPECIAL 301 DEMARCHE DELIVERED; VICE MINISTER

C O N F I D E N T I A L LA PAZ 001203

SIPDIS

SIPDIS

STATE FOR WHA/AND
TREASURY FOR SGOOCH
STATE PASS USTR

E.O. 12958: DECL: 04/30/2017
TAGS: EAGR ECON ETRD KIPR TBIO BL
SUBJECT: SPECIAL 301 DEMARCHE DELIVERED; VICE MINISTER
DISCUSSES TRADE

REF: A. STATE 56067

B. LA PAZ 1113

Classified By: Ecopol Counselor Andrew Erickson for reason 1.4 (b),(d)
, and (e).

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Summary
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1. (C) Emboff delivered ref A demarche to Vice Minister of
Trade Rabczuk and to the National Service of Intellectual
Property (SENAPI) on April 27. SENAPI representatives
expressed interest in the recommendations and noted that they
had proposed changes to update the 1992 copyright law, which
are pending consideration by congress. Rabczuk explained
that he had been instructed to steer clear of IPR discussions
in relation to potential trade agreements due to the issue of
pharmaceuticals access. Rabczuk added that he was frustrated
by Venezuelan trade barriers, being forced to defend the
fruitless People's Trade Agreement, and the administration's
trade discussions with Iran. He said he supported a
long-term trade agreement with the U.S. that would not harm
Bolivia's poor campesinos. End summary.

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SENAPI Wants to Improve
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2. (SBU) Emboff delivered ref A demarche to Vice Minister of
Trade Pablo Rabczuk and to the National Service of
Intellectual Property (SENAPI) on April 27. SENAPI expressed
interest in the recommendations made in the Special 301
report, and requested information on U.S. copyright law and
the prosecution of piracy cases in the U.S., as well as
U.S.-supported training on patent cases. SENAPI's legal
director noted that SENAPI had proposed legal changes to
update Bolivia's 1992 copyright law and that such changes are
pending consideration by congress. He added that some staff
had been changed one year ago and had received training, but
were still lacking in some areas, particularly patents.

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IPR is Off the Trade Agenda
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3. (C) Vice Minister of Trade Pablo Rabczuk noted the
recommendations from the demarche, while lamenting the lack
of a legal adviser or IPR expert in his ministry. He
explained that, because of the divisive issue of
pharmaceuticals, he had been instructed to not discuss IPR
issues at all in relation to potential trade agreements.

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Vice Minister Frustrated by Venezuela
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4. (C) Rabczuk said that he was frustrated by the non-tariff
trade barriers imposed by Venezuela on Bolivian goods and by
having to publicly defend the People's Trade Agreement (TCP)
with Venezuela and Cuba which had produced no trade benefits
for Bolivia. He added that he is suspicious of Venezuela's
motives, but believes that Cuba truly wants to help. He
argued that trading with Iran and North Korea (ref B) does
not make sense and that Bolivia should focus on its South
American neighbors. He explained that he was asked to travel
to Iran to negotiate a trade deal, but had suggested to his
superiors that they send someone else, as he is responsible
for working with the U.S. and pushing for an extension of
ATPDEA (Andean Trade Promotion and Drug Eradication Act)
trade benefits. (Note: Vice Minister of Agriculture

Escalante told Emboff on April 26 that no organic soy trade
agreement had been reached with Iran or North Korea, because
Bolivia did not have the capacity to supply the amounts
demanded by these countries. End note.)

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VM Supports a Trade Agreement that Protects the Poor
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5. (C) Rabczuk lamented the difficult position in which he is
routinely placed when the GOB insults the U.S. at the same
time he is requesting an extension of trade benefits. He
agreed that Bolivia should work towards a long-term trade
agreement with the U.S., but argued that it should be crafted
so as to protect Bolivia's small farmers and majority
impoverished population.

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VM's Bio-data
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6. (C) Pablo Rabczuk, formerly vice minister of
transportation, was born in Texas and holds dual
U.S.-Bolivian citizenship. He grew up in Santa Cruz, Bolivia
and attended university in Boca Raton, Florida. He speaks
English fluently.

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Comment
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7. (C) SENAPI's desire to engage with us is a positive sign,
but unfortunately, the institution is weak, and higher levels
of the Morales administration are opposed to discussing IPR
due to the issue of pharmaceuticals access. End comment.

GOLDBERG