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State Agency of Medicines, Republic of Latvia to FDA, Confidentiality Commitment

STATEMENT OF AUTHORITY
AND
CONFIDENTIALITY COMMITMENT FROM
STATE AGENCY OF MEDICINES OF THE REPUBLIC OF LATVIA
NOT TO PUBLICLY DISCLOSE NON-PUBLIC INFORMATION SHARED
BY
THE UNITED STATES FOOD AND DRUG ADMINISTRATION

The United States Food and Drug Administration (FDA) is authorized under 21 C.F.R. § 20.891 to disclose non-public information to The State Agency of Medicines of the Republic of Latvia (SAM) regarding FDA-regulated drugs, including pre- and post-market activities, as appropriate, as part of cooperative law enforcement or cooperative regulatory activities. FDA is further authorized under section 708(c) of the Federal Food, Drug, and Cosmetic Act2 to share with a foreign government, as it deems appropriate and under limited circumstances, certain types of trade secret information.

The Commissioner of Food and Drugs has certified SAM as having the authority and demonstrated ability to protect trade secret information from disclosure. FDA therefore may provide SAM with certain types of trade secret information at FDA’s discretion and upon request by SAM, based on the following certifications.

SAM understands that some of the information it receives from FDA may include non-public information exempt from public disclosure, such as commercially confidential information; trade secret information; personal privacy information/personal data; law enforcement information; designated national security information; or internal, pre-decisional information. SAM understands that this non-public information is shared in confidence and that it is critical that SAM maintains the confidentiality of exchanged non-public information. Public disclosure of exchanged non-public information by SAM could seriously jeopardize any further scientific and regulatory interactions between SAM and FDA. FDA will advise SAM of the non-public status of the information at the time that the information is shared.

Therefore, SAM certifies that it:

  1. has the authority to protect from public disclosure such non-public information provided to SAM in confidence by FDA;
     
  2. will not publicly disclose such FDA-provided non-public information without the written authorization of the owner of the information, the written authorization from the individual who is the subject of the personal privacy information, or a written statement from FDA providing that the information no longer has non-public status;
     
  3. will protect trade secret information that FDA may provide from disclosure unless and until SAM is in possession of a written permission for disclosure by the sponsor of the information provided by FDA, or alternatively of a declaration from the Commissioner of Food and Drugs of a public health emergency under section 319 of the Public Health Service Act that is relevant to the information;
     
  4. with respect to trade secret information concerning the inspection of a drug facility, has the authority to otherwise obtain such information and will use such FDA-provided information only for civil, administrative regulatory purposes in the context of its mission;
     
  5. will inform FDA promptly of any effort made by judicial or legislative mandate to obtain FDA-provided non-public information from SAM. If such judicial or legislative mandate requires disclosure of FDA-provided non-public information, SAM will take all appropriate legal measures in an effort to ensure that the information will be disclosed in a manner that protects the information from public disclosure; and
     
  6. will promptly inform FDA of any changes to the laws of the Republic of Latvia, or to any relevant policies or procedures, that would affect SAM’s ability to honor the commitments in this document.

 

This text is not intended to create rights and obligations under international or other law.

Signed on behalf of SAM

______________/S/_______________
_____________________________

Svens Henkuzens
Director of the State Agency of
Medicines of the Republic of Latvia

Jersikas iela 15, Riga
LV-1003, Latvia

Date

PDF

1 United States Code of Federal Regulations, Title 21, section 20.89.

2 United States Code, Title 21, section 379(c).