CubaMinrex. Sitio del Ministerio de Relaciones Exteriores de Cuba

Statement by H.E. Ambassador Rodolfo Reyes Rodríguez on Section 211 to the WTO Dispute Settlement Body.

Geneva, January 20, 2012

Madame Chair,

The first meeting of the Dispute Settlement Body (DSB) this year begins with several cases pending of implementation of the recommendations and resolutions adopted by the DSB, as reflected in the annual report published by the Secretariat last November 17. In particular, the United States closed the year 2011 with the failure to comply with six disputes already settled by this Body.

In this context, “Section 211 of the Omnibus Appropriation Act of 1998” continues without being repealed, as stipulated by the DSB since February 2002.

The respective and terse status reports presented by that country, which we highlight now number about 110, for almost 10 years have reflected the permanent inaction of the U.S. government to make some progress and put into practice the corresponding legislative measures to repeal Section 211.

Paradoxically, U.S. Trade Representative, Mr. Ron Kirk, said in an interview published in the Washington Trade Daily on December 21 that the “Dispute settlement is a critical component for maintaining the integrity of the global trading system”, and cautioned that the “integrity” of the system will break down if members retaliate in an unfair and punitive way.

In line with the double standards that characterize the U.S. conduct, that publication also reported that the Trade Representative's Office had submitted in November a list of more than 30 markets – all WTO members – in which intellectual property rights have been or are being violated. The United States have imposed coercive measures to some of them and others will continue to be under investigation.

The United States, a permanent non-compliant with this body and open violator of intellectual property rights, unilaterally claims the right to judge other WTO members and even impose sanctions against them.

Madame Chair,

The incompatibility of Section 211 with the rules of this Organization was demonstrated in the DSB with the adoption of the relevant recommendations which stipulate to put it into conformity with the provisions of the TRIPS Agreement. It is clear that this illegal policy violates the legitimate rights of Cuban trademarks holders. Intellectual property rights have been ignored by the U.S. authorities to provide the Bacardi Company the fraudulent and illegal sale of products not produced in Cuba, under the Havana Club trademark, which indicates a Cuban origin.

In this and other cases, the impossibility of enforcing DSB’s determinations encourages the growth of commercial crime. This confirms the need to establish more effective mechanisms, especially when non-complaints are Members who, by means of their position of economic hegemony, ignore with impunity their legal responsibilities and the standards that form the system of international law.
Madame Chair,

Cuba will continue demanding the compliance by the United States of the DSB rulings and recommendations, particularly the repeal of Section 211 that, as has been reported here, integrates the framework of measures and legislation that make up the unjust, illegal and genocidal policy of the U.S. blockade against Cuba, so overwhelmingly repudiated by the international community.

Let us not accept that a Member continues to ignore the claims and rights of others, or to decide unilaterally to establish practices contrary to the WTO rules. We urge the U.S. government to completely repeal Section 211, as the only option for a satisfactory end to this dispute.

Thank you

 

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