Dear Yuliya,
With reference to you letter I would like to kindly inform you the position of the Ministry regarding confirmation of the confidentiality.
In general, according to the Georgian legislation, when the Ministry intends to purchase medicines from the different pharmaceutical companies, even in profitable/discount
price, the relevant procurement procedures should be undertaken, which might include as well obtaining consent from the Cabinet. Therefore, in such cases the price related conditions will not be confidential.
Accordingly, at the first stage of negotiations we consider relevant to discuss general concept of Pfizer’s proposal, without disclosure of financial details.
Kind regards,
Maia Nikoleishvili MPA
Chief Specialist of International Relations Division
Analytics, HR Management and International Relations Department
Ministry of IDPs from the Occupied Territories, Labour, Health and Social Affairs of Georgia
144 Tsereteli ave., 0159 Tbilisi, Georgia
Tel.: +995 32 2510034 (0803)
Cell phone: +995 577272713
E-mail:
mnikoleishvili@moh.gov.ge
Dear Jaba Urotadze,
Dear Maia Nikoleishvili,
This is to resend to your attention letters composed by Pfizer legal department in response to your kind feedback and explanations received earlier with regard to the Confidentiality agreement conclusion.
Letters support solution in line with Georgian legislation to protect the details of Pfizer commercial offer to be shared while the upcoming meeting between Georgian authorities and Pfizer on June 10th , 2019 from disclosure.
Our apologies for the short notice and thank you in advance for your kind response (confirmation) provided as mentioned in the letters,
Kind regards,
Yuliya Sultanova
Commercial manager, Pfizer Innovative Health CauCAR
Mail to:
CauCARCom@pfizer.com
Mob. +7 778 747 47 42
Dear Ms. Sultanova,
I am writing to you on behalf of the Healthcare and Social Issues Committee of Parliament of Georgia regarding the draft confidentiality agreement.
I would like to kindly inform you that trade secrets of the parties are protected by the Georgian legislation regardless of signing the confidentiality
agreement. Furthermore, according to the Georgian legislation, it is beyond the powers of the Committee to sign
these kind of agreements. If the company still requires to sign the agreement, then it is necessary to negotiate the possibility of signing it with the Ministry of IDPs from the Occupied Territories, Labour Health and Social Affairs of Georgia.
Sincerely,
Jaba Urotadze
Parliament of Georgia, Healthcare and Social Issues Committee, Leading Specialist
+995 032 28 13 67
+995 595 32 11 99
From: Elene Zhorzholadze
Sent: Tuesday, May 28, 2019 14:06
To: Jaba Urotadze <jurotadze@parliament.ge>
Subject: FW: Confidentiality Agreement_Partnership on smoking cessation support to socially vulnerable population of Georgia
ჯაბა,
დღეს შემოსული მიმოწერაა.
ჩვენც გავცეთ პასუხი.
პატივისცემით,
ელენე
Dear Maia,
Thank you for your feedback,
Let me resubmit it to Pfizer legal department for their opinion,
I will revert back to you soon,
Kind regards,
Yuliya
Yuliya Sultanova
Commercial manager, Pfizer Innovative Health CauCAR
Mail to: CauCARCom@pfizer.com
Mob. +7 778 747 47 42
From: Maia Nikoleishvili [mailto:mnikoleishvili@moh.gov.ge]
Sent: Monday, May 27, 2019 6:58 PM
To: Sultanova, Yuliya
Cc: Tamar Gabunia; Nato Kvernadze;
ezhorzholadze@parliament.ge; Mariam Darakhvelidze; Ekaterine Adamia; Lela Sturua; Natia Khmaladze; Shorena Okropiridze; Sopo Belkania; Mariana Mkurnali
Subject: [EXTERNAL] RE: Confidentiality Agreement_Partnership on smoking cessation support to socially vulnerable population of Georgia
Dear Yuliya,
I would like to kindly address you from the Ministry of IDPs from the Occupied Territories, Labour Health and Social Affairs of Georgia regarding the Confidentiality Agreement
which is requested to be signed by the representatives of all Georgian authorities before the upcoming meeting on smoking cessation support to socially vulnerable population of Georgia, since the proposal that Pfizer is going to introduce to Georgian side
contains confidential price information.
We reviewed the provided Confidentiality Agreement together with our legal department and would like to kindly inform you that Georgian legislation in particular
“The
General Administrative Code of Georgia” protects parties’ business interests and commercial secrets. If the consultation between the parties considered commercial and contains non-public information, Georgian
legislation, despite the signing of the Confidentiality Agreement will still protect the company's right not to disclose its commercial information to the third party.
Therefore, we do not have such practice to sing confidentiality agreement before the negotiations and accordingly, the Ministry does not consider necessary to conclude
it.
However, if the company Pfizer still requires signing of the
confidentiality
agreement, we kindly ask you to provide more general/light content of the agreement, which will be directed to the individuals/meeting group members and which will exclude the paragraph
3.6 “The validity, interpretation and performance of this Agreement shall be governed by and construed in accordance with the laws of the Netherlands without regard to the principles of conflicts of law. All actions and proceedings under this Agreement shall
be brought in the competent court at the Netherlands”, since the relations that arise between the parties within the agreement should be interpreted by the Georgian legislation.
Looking forward to receiving your feedback.
Please, do not hesitate to contact me if you need any further information/clarification.
Kind regards,
Maia Nikoleishvili MPA
Chief Specialist of International Relations Division
Analytics, HR Management and International Relations Department
Ministry of IDPs from the Occupied Territories, Labour, Health and Social Affairs of Georgia
144 Tsereteli ave., 0159 Tbilisi, Georgia
Tel.: +995 32 2510034 (0803)
Cell phone: +995 577272713
E-mail:
mnikoleishvili@moh.gov.ge
From: Sultanova, Yuliya [mailto:Yuliya.Sultanova@pfizer.com]
Sent: Wednesday, May 22, 2019 12:54 PM
To: Nato Kvernadze <nkvernadze@moh.gov.ge>
Subject: RE: Information from Pfizer: Partnership on smoking cessation support to socially vulnerable population of Georgia
Dear Nato,
I’m applying to you with regards to the below correspondence from Madam Gabunia.
Actually this is to kindly ask your support on the following :
In her e-mail, Madam Gabunia refers to the legal department she was going to ask the enclosed CDA (confidentiality agreement) to be checked by.
It is obligatory condition for Pfizer to share its offer while the upcoming meeting planned for June 10, 2019 – to have the CDA signed from Georgia MOH side.
Would you please advice what is the status and if we can obtain your legal department feedback by Tuesday next week (May 28, 2019)?
Based on that, we will adjust the template (if any comment from your legal dpt.) and well send it once again for signing form your side 1st.
Thank you very much in advance for your support and advice,
Kind regards,
Yuliya Sultanova
Commercial manager, Pfizer Innovative Health CauCAR
Mail to: CauCARCom@pfizer.com
Mob. +7 778 747 47 42
From: Tamar Gabunia [mailto:tgabunia@moh.gov.ge]
Sent: Tuesday, May 14, 2019 10:13 PM
To: Kozenkov, Dmitry; azoidze@parliament.ge
Cc: Sultanova, Yuliya; Elene Zhorzholadze; Mariam Darakhvelidze
Subject: [EXTERNAL] RE: Information from Pfizer: Partnership on smoking cessation support to socially vulnerable population of Georgia
Dear Mr Kozenkov
Many thanks for your e-mail and the meeting request. I’ll be travelling in the week of June 10th. However, Dr, Marina Darakhvelidze, Director of Health Policy Department will attend the meeting at
the Parliamentary committee as needed.
I’ll get back to you with the confidentiality agreement once this is reviewed and cleared by the legal department.
With kind regards
პატივისცემით,
თამარ გაბუნია
მინისტრის მოადგილე
Sincerely,
Tamar Gabunia,
MD, MPH
Deputy Minister
From: Kozenkov, Dmitry [mailto:Dmitry.Kozenkov@pfizer.com]
Sent: 14 May, 2019 12:27
To: azoidze@parliament.ge; Tamar Gabunia <tgabunia@moh.gov.ge>
Cc: Sultanova, Yuliya <Yuliya.Sultanova@pfizer.com>
Subject: FW: Information from Pfizer: Partnership on smoking cessation support to socially vulnerable population of Georgia
Dear Mister Zoidze,
Dear Madam Gabunia,
Herewith let me inform you that the Pfizer partnership proposal on smoking cessation support to socially vulnerable population of Georgia from Pfizer side is almost ready and we are waiting for the final approvals to be obtained at Pfizer
HQs level.
In the meantime we would like to preliminary agree the possibility of the meeting either end of the next week : May 24, 2019 or the week of: June 10, 2019 to be able to share Pfizer proposal with the Health Care and Social Issues Committee
of the Parliament of Georgia and the Ministry of internally displaced persons from the occupied territories, Labor, Health and Social affairs of Georgia.
While the meeting we will be able to share Pfizer’s proposal and to discuss future cooperation supporting Pfizer’s proposal.
As a part of Pfizer’s proposal, since it includes the confidential price information - the Confidentiality Agreement is to be signed by the representatives of all Georgian authorities presenting on the meeting, prior the meeting.
We will highly appreciated your feedback on the meeting possibility at the proposed dates, based on your availability and confirmation the enclosed Confidential agreement will be signed separately by both parties : (1) Health Care and
Social Issues Committee of the Parliament of Georgia and (b) the Ministry of internally displaced persons from the occupied territories, Labor, Health and Social affairs of Georgia.
Sincerely,
|
Dmitry Kozenkov
Director CauCAR
|
|
PFIZER Export B.V. branch office in Kazakhstan
100/4 Nazarbayev Ave.
050000, Almaty, Kazakhstan
www.pfizer.com
|
|
|
|
|
|
|
|
|
|
|
|