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Cablegate: Kenya: Eu Appears to Hold Sway On Kenya's Position

This record is a partial extract of the original cable. The full text of the original cable is not available.

UNCLAS NAIROBI 004949

SIPDIS

SENSITIVE

DEPT FOR EB/TPP/MTA, AF/E, AF/EPS, AND AF/PD
DEPT PASS USTR
USAID FOR AFR/EA

E.O. 12958: N/A
TAGS: ETRD ECON EAGR KIPR KE WTRO
SUBJECT: KENYA: EU APPEARS TO HOLD SWAY ON KENYA'S POSITION
ON GEOGRAPHICAL INDICATIONS

REF: (A) STATE 210829 (B) NAIROBI 4343 (C) NAIROBI 3813

1. (SBU) Econ/C raised ref A points regarding Kenya's
position on Geographical Indications (GI) with Ministry of
Trade Permanent Secretary David Nalo on November 30, and
pointed out that Kenya's position in favor of the EU's
proposal on extending GIs (ref B) appeared at odds with
Kenya's economic interests in that it would negatively
impact Kenya's dairy industry and require significant
resources to protect other countries' designated GI
products. Nalo agreed that Kenya's stated policy may not
take into account all the potential consequences of the EU's
proposal. He noted, almost with dismay, that the Ministry
of Trade's technical groups are often influenced by one-
sided arguments and that the EU position tends to hold
significant sway over many of these groups on a range of
issues. In light of the U.S. arguments, Nalo said he would
attempt to better understand Kenya's current position in a
meeting early next week with the Ministry's various
technical groups.

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2. (SBU) COMMENT: PS Nalo was frank about problems in
getting good assessments from the Ministry's technical
groups and on the need to update the way this work is done.
However, with the Minister and Assistant Minister relieved
of duty on November 23 (along with all Ministers following
the defeat of a GOK-supported constitutional referendum), it
is unlikely that a significant review of Kenya's stated
policy will take place before the Hong Kong Ministerial. As
reported in ref B, Kenya is a founding member of the Group
of Friends of Geographical Indications (Friend of GIs), and
the Ministry of Trade's technical group on this topic, which
is heavily influenced by the Kenya Industrial Property
Institute (KIPI), will likely oppose any change in policy or
to question the possible impact of the EU's proposal on GI
extension. Septel will report further on the apparent
pervasive influence enjoyed by the EU on the Ministry's
technical groups, and therefore on its trade policies in
general. END COMMENT.

Bellamy

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