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From the following: http://www.gmwatch.org/archive2.asp?arcid=852


1.Monsanto and WTO
Just the man...
When the US takes its trade case on GMOs to the WTO, one person who will have a role is the Director General's deputy, Rufus Yerxa, a former US ambassador to Gatt, the WTO's predecessor, and international counsel to Monsanto. At the time of his appointment the Financial Times described him as "just the man [the WTO Director General] will need should the US ever bleat to the WTO about EU restrictions on genetically modified food."
http://ngin.tripod.com/210802c.htm

Rufus Yerxa Biography
Rufus Yerxa is Monsanto's Chief Counsel and Head of Government Public
Affairs for Europe. Previously he served as US Ambassador to the GATT in Geneva and as Chief Deputy USTR during the 1st Clinton Administration, when he played a key role in the Uruguay Round Negotiations. He was also a Partner in the Brussels Office of Akin Gump, Strauss Hauer & Feld,
specialising in EC and International Trade Matters.
http://www.jus.uio.no/lm/cm.conferences/ih.and.tr_2001.html#to232



Rufus Yerxa, the most senior legal official at the WTO, to whom the legal affairs division reports according to the Secretariat Org Chart, worked as European then International Counsel for Monsanto immediately before being appointed to his WTO post, or so indicates his curriculum vitae on the WTO website.

A significant number of Monsanto products are listed in the annex to the US letter requesting consultations with the EC.

Mr. Yerxa is the ultimate boss of the legal affairs division at the WTO, which in a number of ways may influence the proceedings if a panel goes ahead on GMOs--including involvement in the selection of panelists, legal
advice to the panelists, advice in the identification and selection of outside scientific "experts" in the case.

According to Rules of Conduct for the understanding on rules and procedures governing the settlement of disputes, including Secretariat officials assisting in respect of DS proceedings are covered by the following Governing Principle:

"1. Each person covered by these Rules (as defined in paragraph 1 of Section IV below and hereinafter called "covered person") shall be independent and impartial, shall avoid direct or indirect conflicts of interest and shall
respect the confidentiality of proceedings of bodies pursuant to the dispute settlement mechanism, so that through the observance of such standards of
conduct the integrity and impartiality of that mechanism are preserved.

These Rules shall in no way modify the rights and obligations of Members under the DSU nor the rules and procedures therein."

How do we get our officials to consider how this Governing Principle might apply to Mr. Yerxa in respect of the GM0s case? Major issue is whether Mr. Yerxa is a covered person--the exact wording of the Rules of Conduct could
lead to a negative inference--he isn't a secretariat member singled out to assist in the particular dispute. On the other hand, as the "top boss" he has unparalleled potential scope to control and direct the work of such
secretariat members.

If the Governing Principle does cover him, does the requirement to "avoid direct or indirect conflicts of interest" require that a kind of Chinese wall be created whereby Mr. Yerxa doesn't engage in communications with
members of the legal affairs division staff in relation to the case, or is a more stringent approach needed?

There is also an issue of disclosure: the disclosure requirements in the rules of conduct are to say the least not very detailed. Would they extend, assuming Mr. Yerxa is a "covered person", to stating whether he currently
holds any Monsanto shares or share options?

Even if Mr. Yerxa is not a "covered person", there is of course the policy question of whether the integrity of a dispute requires nevertheless that the appearance of a potential conflict of interest be addressed.

This whole export trade stuff stinks. Our own farms are going to end up on welfare and this is all a horse and pony show for the big companies.



http://www.freerepublic.com/focus/f-chat/1579642/posts
Who benefits from GM crops?


99 posted on 02/19/2006 9:04:43 AM PST by Calpernia (Breederville.com)
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http://www.motherjones.com/news/feature/1998/04/usda_inc.html

Federal Technology Transfer Act of 1986

This Reagan-era law says that corporations can provide funding to USDA for research projects. It gives those corporations exclusive licenses on patented inventions that result from a given project. It exempts their work with USDA researchers from the Freedom of Information Act.

This law has allowed USDA to enter into all sorts of creative business ventures and partnerships.

The USDA is looking more and more like a Fortune 500 company, and less a cash-strapped public institution, every day.

http://www.gmwatch.org/archive2.asp?arcid=852 more US pushed Monsanto products.


100 posted on 02/19/2006 9:10:18 AM PST by Calpernia (Breederville.com)
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