Legal Trade Consultant

Result of Service Key deliverables of the Legal Consultant are:

• Two clear and concise legal agreement drafts by end of July 2023 (PAVM) and September 2023 (Pharma) that outlines the structure, governance, and operational guidelines of member states participation in the PPM.

  Work Location Home Based

  Expected duration 5 months

  Duties and Responsibilities I. Duties and Responsibilities

Under the supervision of the Director of the Regional Integration and Trade Division (RITD), the Trade Legal Consultant will support ECA in the development of two legal agreements that define the taskforce and specify the responsibilities of the different parties (e.g., PAVM, member state governments, etc.). Further, the Consultant will provide advice on legal issues relating to the design and implementation of the taskforce agreement. Specifically, the Legal Consultant will have the responsibility to support the following activities:

• Draft a clear and concise legal agreement by end of July 2023 that outlines the structure, governance, and operational guidelines of member states participation in the taskforce.
• Determine clauses of legal agreement by:
• Defining roles, responsibilities, and decision-making processes of the participants, including any governing bodies or committees, and including provisions for the admission, participation, and withdrawal of participants in the taskforce
• Delimiting issues related to the management of funds, financial obligations, and cost-sharing arrangements among the participants
• Incorporating mechanisms for resolving disputes, conflicts of interest, and breach of contractual obligations among the participants
• Including provision for data protection and privacy concerns, and establishing appropriate safeguards for the collection, storage, and use of participants' data
• Ensuring legal agreement complies with current laws and regulations and relevant antitrust, competition, and public procurement laws, including any requirements for transparency and fair competition
• Be present at technical committees (alongside Africa CDC) and join daily/weekly calls and meetings
• Syndicate proposed legal agreements and collaborate with ECA and the PAVM secretariat to gather input and ensure alignment of legal agreements with the general goals of the taskforce and support engagement with member states
• Provide legal advisory support to ECA from July to December 2023. This includes providing guidance on the applicable regulations that need to be adhered to, as well as identifying and evaluating any potential legal risks and challenges that may arise from the establishment of a legal agreement for the task force
• Provide guidance and support during the negotiation and execution of the legal agreements among the participants
• Offer ongoing legal advice and assistance to address any legal issues or modifications that may arise during the implementation and operation of the taskforce
• Conduct consultation with key stakeholders including AU Member States, AU organs, and agencies (AUDA-NEPAD, STCs, AUC departments, etc.) and relevant national, regional, and international bodies and organizations involved in pooled procurement.
• Conduct periodic reviews and assessments of the legal agreements to ensure its continued effectiveness, relevance, and compliance with evolving legal and regulatory requirements.

II. Proposal to the structure the legal instrument layout:

> Introduction > Legal foundation > Purpose of the agreement > Commitments of the member states > Commitments of PAVM > Responsibilities to third parties > Force Majeure > Audit > Privileges and immunities > Conflict resolution > Period of the agreement, amendment, and termination

Pharma Phase III Legally Binding Commitment Document will also include the following:

• In addition to the above, there will be Annexes developed by Supply Chains Consultant on Good Procurement Practices as part of the Agreement
• Informed by consultations with various stakeholders and experts including relevant government agencies and other non-governmental national and international institutions working in similar subject areas for alignment
• Report work progress to the ECA Technical lead officials on a regular basis and as required.

The Pharma Initiative’s specific objectives are:

i) To address socio-economic-related challenges facing African member countries relating to access to equitable, safe, and affordable medicines and the creation of fiscal space to the African countries in the era of rising government debts exacerbated by COVID, ii) To highlight the operationalization of the AfCFTA and AMA within the Pharma Initiative’s three pronged pillars: localized pharmaceutical production, pharmaceutical pooled procurement, and a harmonized regulatory and quality standards framework, iii) To increase intra-African trade of manufactured goods including medicines.

The Pharma Initiative takes on a three-pronged approach:

1. Establishment of a Centralized Pooled Procurement Mechanism (CPPM) for selected Sexual, Reproductive, Maternal, Neonatal and Child Health (SRMNCH) medicines and products. 2. Facilitation and advocacy for local production of selected SRMNCH products. 3. Ensure harmonized/common regulatory standards and quality assurance of medicines and commodities in partnership with relevant AUC Agencies.

The decision to focus on select maternal and child health-care products was informed by high maternal and infant mortality ratio in Africa as well as huge unmet needs for family planning and other reproductive health commodities. The maternal and child health burden remains high across the continent and, the challenges relating to maternal and infant mortality persist, particularly in respect of achieving targets of key indicators within the SDGs. In connection to the above, there other existing difficulties such as the lack of preventive immunization measures and vaccines.

In the backdrop of the outbreak of the COVID-19 pandemic, the project temporarily deviated from its envisaged core objectives to support member States to mitigate shortages in COVID-19 medical supplies. Together with the African Union Special Envoy on COVID-19 Supplies, Afreximbank, and Africa CDC, the ECA facilitated the creation and endorsement in June 2020 of the Africa Medical Supplies Platform (AMSP) as a continental mechanism for coordination and distribution of COVID-19 medical supplies under the purview of the African Vaccination Acquisition Trust (AVAT). AVAT is envisioned as a central entity for the negotiation, procurement, and payment for vaccines and to act as the interface between AU Member States and vaccine manufacturers.

Returning to its original mandate on SRMNCH products, the Pharma Initiative has published two expressions of interest (EOI) which saw the selection of seven manufacturers to receive capacity-building support to promote Good Manufacturing Practices (GMP) and Good Laboratory Practices (GLP) for quality, efficacious and safe pharmaceuticals and to enhance the competitiveness of the companies and their ability to leverage the market opportunities offered by the implementation of AfCFTA and AMA.

As we enter Phase III of the Pharma Initiative, moving towards AU objectives of self-reliance and self-sufficiency, the ECA and partners will focus on supporting the set up and institutionalization of a CPPM. Leveraging on AfCFTA and AMA, CPPM will contribute to addressing the issues of the fragmentation of African markets and, creation of a business case to promote local manufacturing of pharmaceuticals in the continent. Local production of pharmaceuticals and the harmonization of the medicines regulatory environment across the continent will increase access to safe, affordable, and quality medicines and will prepare Africa to deal with future pandemics, emergencies, and crises, establishing continental health security.

Furthermore, and in collaboration with Africa CDC/PAVM, ECA will be also developing pooled procurement mechanism that promotes an efficient and sustainable vaccine market in Africa. This mechanism aims at providing manufacturers with the assurance of offtake, streamline processes and platforms to lower transaction costs, and effectively leverage purchasing power. Additionally, it aims to foster ecosystems namely on financing and regulatory aspects. To facilitate the launch of the PPM under Partnership for African Vaccines Manufacturing (PAVM) Initiative, a dedicated task force is established, consisting of several African member states. These states will actively engage in the pilot phase of the PPM and play a pivotal role in driving the successful implementation and expansion of this mechanism across the continent.

III. Objectives

The objectives of this consultancy are to develop two legal agreements under two initiatives: PAVM and Pharma with interrelated commonalities; all anchored on the broader legal CAPPS document. The PAVM legal Agreement on vaccines will be informed by similar instruments like COVAX, PAHO etc with the starting point being CAPPS, the generic model law on pool procurement that informed the May 2022 Africa Union Bureau of Chairpersons that endorsed the need for pool procurement and the offtake of 30% of vaccines produced in Africa by global supply chains mechanisms of GAVI and UNICEF. The draft deadline is end of July 2023. The second legal instrument is legal binding commitment document for AfCFTA anchored Pharma initiative that promotes an efficient and sustainable market for SRMNCH. The draft deadline is end of August 2023.

Qualifications/special skills Advanced university degree (Masters degree or above) in law, public policy, economics, or related fields; A first-level university degree in combination with minimum fifteen years of qualifying experience may be accepted in lieu of the advanced university degree. A minimum of 15 years of work experience in the above field(s) as well as familiarity with the African Union's organs, the organization's decision-making process, and its legal hierarchy and legal and policy instruments.

Languages English and French are the working languages of the United Nations Secretariat and is required for this TOR given the need for extensive engagement with countries.

No Fee THE UNITED NATIONS DOES NOT CHARGE A FEE AT ANY STAGE OF THE RECRUITMENT PROCESS (APPLICATION, INTERVIEW MEETING, PROCESSING, OR TRAINING). THE UNITED NATIONS DOES NOT CONCERN ITSELF WITH INFORMATION ON APPLICANTS’ BANK ACCOUNTS.