The Negotiations (#PfizerLeak)
An overview of the way Pfizer conducted their negotiations worldwide, while clarifying the timeline of the negotiations that took place in Israel. Revised twitter thread from 2022-12-26.
By Ehden Biber
BACKGROUND
On July 2021 I've published on Twitter multiple unredacted manufacturing and supply agreements of Pfizer. I coined this exposure #PfizerLeak.
The first was Albania:
The second was Brazil, which was digitally signed:
I've performed multiple analysis analysis and breakdown of the contracts, at first concentrating on the Brazilian contract, because it was (and still is) the ONLY contract which can be admissible evidence in a court of law.
PfizerLeak: Exposing the Pfizer Manufacturing and Supply Agreement – The Brazilian Job (DAY 5&6), By Ehden Biber
The other reason I concentrated on the Brazilian agreement was the geopolitical environment in Brazil. The Brazilian senate, run by the president's opposition, had created a special committee to investigate the government, and they had a VERY special witness. The committee had summoned Carlos Murillo, who was in 2020 the head of Pfizer Brazil, and got promoted to be the head of Pfizer Latin America. His testimony on the 13th of May 2021 shed light on the process in which Pfizer has operated across the world.
Here is a link to the original official transcript of the testimony [Portuguese], the translation to English [using DeepL]. See highlights below:
Testimony Highlights
Pfizer started their worldwide negotiation in May 2020.
Pfizer did not prioritized any country.
Pfizer had negotiated and signed contracts WITH THE SAME CONDITIONS with more than 110 countries around the world.
The contract model was the same used in all countries. Obviously, each country required adjustments due to local regulations and conditions.
Pfizer followed the same negotiation plan with all the countries around the world.
Pfizer instructed their subsidiaries to start negotiation in June 2020.
Hogan Lovells (@HoganLovells) is the law firm that was/is advising Pfizer on a global level.
The negotiation with the countries was done by Pfizer, not Hogan Lovells.
THE CONDITIONS OF EXEMPTION FROM LIABILITY ARE THE SAME IN ALL CONTRACTS.
Pfizer contacted all governments at the same time and progressed in parallel. Pfizer DID NOT had different tiers for different countries when it came to their negotiation.
Pfizer demanded the same conditions from all the countries.
Pfizer only moved to sign the contract with Brazil AFTER Brazil passed legislation 14.133/2021 on March 10, 2021. It was a new Public Procurement Law, that enabled the removal of liability.
Brazil called some of the clauses leonine clauses, meaning unilaterally prejudices the right of Brazil:
Pfizer demanded payment to an account abroad.
Contractual disagreements will be ruled in NYC, by the ICC.
Brazil will be responsible for all side effects.
During negotiations Pfizer needed the conditions set in legislation 14.133/2021. This is why the federal senate and the Brazilian congress had to approve the new law. Only then Pfizer deemed the legal conditions in Brazil to be adequate for signature.
The Brazilian medical regulator (Anvisa) started the approval process on the 25/11/20, formal registration was on 5/2/21, and it was approval on 23/2/21.
The approval in other countries:
UK: 2/12/20.
US: 11/12/20.
On 7/8/20 Pfizer presented information to the Brazilian government on their development progress, and about global negotiation. They did not go into details because Brazil did not sign yet the confidentiality agreement (NDA = Non Disclosure Agreement).
THE NEGOTIATION WITH PFIZER WAS DONE BY PFIZER WITH THE SUPPORT OF AN EXTERNAL LAWYER, BOTH ON A LOCAL LAW FIRM (Pinheiro Neto) and international (Hogan Lovells).
In December 2020, Brazil offered a provisional measure to address some of Pfizer concerns.
In January 21, the president excluded the text mentioned in #19.
In Feb (or March) 21, senators has introduced a the bill that guaranteed Pfizer the legal security they demanded.
Pfizer defined New-York as the place to settle all legal disputes.
Pfizer demanded full indemnity.
Pfizer demanded the enactment of provisional measure were Brazil guaranteed against potential financial damage, via a deposit.
Articles 22,23, and 24 were the condition Pfizer had to all countries.
When it came to cost, there were 3 tiers of countries - low income, middle income, and high income. Brazil was middle income.
PFIZER CONDUCTED 3 CLINICAL TRIALS IN BRAZIL. IT IMPACTED THE PRICING.
"THE STANDARIZATION OF (contractual) CONDITIONS HAS ALLOWED US TO ADVANCE AT THE PACE THAT WE HAVE ADVANCED" (Carlos Murillo)
Dispute settlement, competent jurisdiction, applicable law, language & confidentiality, and indemnity clauses, were defined unilaterally by Pfizer, and were consistent across all contracts Pfizer has signed.
Countries signed the advance purchase order, which was conditioned to medical regulator approval. When it was issued (and when the other conditions as mentioned above materialized), Pfizer was able to deliver their product.
If you want to see the original Brazilian document that covers Carlos Murillo testimony, as well as a translation to English of the testimony (in four parts, with highlights), please go to the following link:
Pfizer Negotiation in Israel
On the 25th of December 2022 Yaffa Raz published an article about the contracts Israel signed with Pfizer, after consulting with Gal, an Israeli Lawyer. When I commented on the article, Gal blocked me, and then Yaffa.
SADLY, THE REPORT WAS INACCURATE.
What really happened in Israel, and how come Brazil plays a key role in our understanding?
Gal has been claiming since Jul 21 that the contract Israel signed with Pfizer was unique, that no other country had such contract, and that any claims anyone (me) makes otherwise is false and misleading.
She has never provided evidence to support her claims.
The above testimony, under oath, of the most senior Pfizer manager in Latin America, allows us to look in parallel to Israeli's contractual milestones and dates, and understand them.
First, let's look at "real world epidemiological evidence collaboration agreement", which was 1st released (heavily redacted) on the 26th of January 2021, and released again (slightly less redacted) after a court has ordered @IsraelMOH to provide a signed copy.
Notice that all versions of the "real world epidemiological evidence collaboration agreement" shown that it was signed on the 6th of January 2021. What we now know is that the "Manufacturing and Supply Agreement" was signed on the 1st of December 2020.
Article 10 of the reply by @IsraelMOH that was submitted to the court on the 26th of October 2022, has stated the agreements signed between the Ministry of Health and Pfizer. (see original + translation to English).
The same article also had two more dates mentioned:
The CDA (probably a typo, meaning NDA, Non Disclosure Agreement) confidentiality agreement was signed on July 12, 2020;
A statement of principles was signed on 13.11.2020.
So … let us look at the dates.
NDA - according to Carlos Murillo, Pfizer instructed their subsidiaries to start negotiation in June 2020. In order for the negotiation to start, Pfizer wanted NDA, and it seems Israel signed it on the 12th of July 2020.
Side letter: As Yaffa rightfully stated, we now know that the "side letter" was executed by the parties on the 13th of November 2020.
We have no evidence that "letter of principles" is the side letter, as each mentioned separately. Let's assume it is one.
This seems more like the provisional measures that Brazil had given to Pfizer to address some of their concerns, which, like in Israel, was request by Pfizer as a guarantee prior to the signature on the manufacturing and supply.
From timeline perspectives, it make sense that the side letter was focusing on paying to a foreign account which is what Pfizer has demanded. After signing on 13/11/20, Israel performed a prepayment to Pfizer, for 8 million dosages of the "vaccine" on 21/11/20.
Sadly, Gal made a mistake in understanding the response. The 1st clause DOES NOT state that the "real world epidemiological evidence collaboration agreement" was also signed on the 1st of Dec 2020. There are clues in the contract itself. If the contracts were signed together, there would have been a direct reference to the "real world epidemiological evidence collaboration agreement". The fact it is not mentioned shows it arrived later. If both documents were signed at the same day (as Gal claims and as Yaffa Raz wrote), why would they need to reference different dates in the contract? It shows total lack of understanding to the nature of the manufacturing and supply agreement and its clauses.
So the right timeline is:
NDA: 2020-07-12.
Side Letter / "Letter of Principles" : 2020-11-13.
Manufacturing and Supply Agreement: 2020-12-01.
Real World Epidemiological Evidence Collaboration Agreement: 2021-01-06.
Final Thoughts
Last year, when I exposed the Pfizer contracts on twitter (#PfizerLeak), Gal has done everything she can to discredit my work. Because she is a lawyer, and because I don't live in Israel and had no ability to have a real debate with her, people believed her. I believe I provided enough evidence to support my claims for the events that took place with regards to the contractual agreements with Pfizer.
If Gal has any proof to show I am wrong, she is welcome to present it. Her analysis damaged Yaffa Raz’s work. It is sad that Yaffa Raz followed Gal and blocked me. Blocking someone because the evidence they present contradicts your unsubstantiated statements and beliefs only shows how weak your argument is.
Finally, here's #Pfizer's statement about the date of the research agreement:
"In January (2021), Pfizer and the Israel MoH entered into a collaboration agreement to monitor the real-world impact of the Pfizer-BioNTech COVID-19 Vaccine."
I hope this post has provided people a better understanding about the contractual negotiation process that took place between Pfizer and the countries that signed their manufacturing and supply agreement, as well clarify the negotiation timeline in Israel.
I don't know THE truth, I serve THE truth.
With love,
Ehden Biber
Thanks so much.
I know Thailand is pulling their contract with Pfizer since the Princess is in a coma from the shot