Cablegate: Dipnote Regarding Non-Resident Organ Transplant Recipients

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DE RUEHBO #0018/01 0051549
ZNR UUUUU ZZH
R 051548Z JAN 10
FM AMEMBASSY BOGOTA
TO RUEHC/SECSTATE WASHDC 1887
INFO RUEAUSA/DEPT OF HHS WASHINGTON DC
RUEHBO/AMEMBASSY BOGOTA

UNCLAS BOGOTA 000018

SIPDIS
OES/IHB

E.O. 12958: N/A
TAGS: TBIO WHO PREL PHUM CASC AMED CO
SUBJECT: DIPNOTE REGARDING NON-RESIDENT ORGAN TRANSPLANT RECIPIENTS

1. (U) Colombia's Ministry of Foreign Affairs delivered a
diplomatic note dated December 16 outlining Colombia's regulations
regarding organ transplants for non-resident foreigners.

2. (U) BEGIN UNOFFICIAL TRANSLATION OF DIPLOMATIC NOTE:

DAM/CAE No. 68221

The Ministry of Foreign Affairs- Directorate for Multilateral
Economic, Social and Environmental Issues cordially salutes the
Honorable Embassy of the United States of America and references
the issue of organ transplants for foreign recipients not residing
in Colombia.

At the request of the National Health Institute (INS), in
compliance with commitments before the Iberoamerican
Network/Council of Donation and Transplants, particularly those
contained in the Mar del Plata Declaration (2005), to which
Colombia subscribed and, which recommends implementing strong
measures to combat "International Transplant Tourism", which is
understood as the "relocation of recipients and/or donors to other
countries with the purpose of accessing an organ donation and/or
transplant in exchange for economic compensation and/or violating
local regulations for "organs assignation", this Ministry avails
itself of the opportunity to inform the following:

According to article 40 in Decree 2493 of 2004, the provision of
transplant services to non-resident foreigners was regulated per
the following: "the provision of organ transplant or tissue implant
services to non-resident foreigners in the national territory will
be authorized as long as there are no nationals or resident
foreigners in Colombia registered as recipients on the regional and
national waiting lists, taking into account the unified technical-
scientific criteria for assigning and selecting, and requiring a
previous contract by the institution with the recipient or the
entity that will assume the cost of the care."

In this regard, and in accordance with current internal norms for
the transplant of organs to patients who are non-resident
foreigners in Colombia, it is necessary that the following three
conditions be met; otherwise it would constitute an illegal
practice:

1. The non-existence of national or resident foreigners in Colombia
registered as recipients on the regional and national waiting
lists.

2. The unified technical- scientific criteria for assignment.

3. Prior contract between the institution and the recipient or the
entity that will assume the cost of care.

We thank you for taking into account the aforementioned
recommendations and informing your Government and Health authority
of this matter, as a part of the united efforts that WHO
member-countries such as Colombia have made to condemn practices
that take place outside of the legal framework.

It is important to note that Colombia is a country that takes pride
in honoring its international commitments and that it uses
humanitarian criterion when presented with potential agreements
between States, in order to exercise greater control over organ
transplants for recipients that are non-resident foreigners in
Colombia, taking into account the Mar del Plata (2005) and Bogota
(2009) Declarations that state that "transplant tourism must be
distinguished from transplant treatments for foreigners when they

are carried out within the framework of regional or bilateral
agreements between States".

The aforementioned agreements' purpose is to create systems that
guarantee the normalization, transparency and responsibility of the
donation and transplant process, taking into account that organ
trafficking and transplant tourism violate the principles of
equality, justice and respect for human dignity, as proclaimed in
the Istanbul Declaration (2008).

The Ministry of Foreign Affairs- Directorate for Multilateral
Economic, Social and Environmental Issues avails itself of this
opportunity to renew to the Honorable Embassy of the United States
of America the assurances of its highest consideration.

Bogot????, D.C., December 16, 2009

END TEXT OF DIPLOMATIC NOTE.
BROWNFIELD

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