Tender Advertisement #1435605

CALL FOR APPLICATIONS (Open tender)

SHORT-TERM CONSULTANCY ON TONGA’S LEGISLATIVE REVIEW FOR ACCESSION TO THE PACIFIC-EU INTERIM ECONOMIC PARTNERSHIP AGREEMENT

Background

The PACP region accounts for almost eighteen percent of the entire ACP membership (15/79 ACP member states) with most PACP States comprising Small Island Developing States and Least Developed Countries that are vulnerable to existing cycles of natural disasters which have been exacerbated by climate change. Intra-PACP trade, and trade with the broader ACP-EU group are constrained by PACPS’ small domestic markets, geographical isolation from key markets, and high connectivity barriers creating further impediments to trade.

This is further impacted by the COVID-19 disruptions to supply chains and global trade, and border closures. The regional Comprehensive EPA provided the PACPS an opportunity to pursue a legally binding Agreement that would form the basis of ongoing development relations between Pacific ACP States (PACPS) and the European Union, going forward.

PACP States have been negotiating the Comprehensive EPA with the EU since 2004. In 2007, following the expiration of the WTO Waiver to non-reciprocal trading relations between the EU and the ACP, and to safeguard their trade with the EU, Fiji and Papua New Guinea (PNG) signed onto the interim EPA (iEPA).

Samoa (December 2019) and Solomon Islands (May 2020) have acceded to the iEPA, and both Tonga and Timor-Leste have informed the EU of their intention to accede to the Agreement. The four (Fiji, PNG, Samoa and Solomon Islands) PACP states will support the implementation and the functioning of the existing iEPA, encouraging the accession of interested parties and where appropriate, broadening the scope of the iEPA.

In the Pacific Regional Integration Support Programme (PRISE) of the 11th European Development Fund (11th EDF), component 1.3 on Strengthening Pacific Intra-Regional and International Trade (SPIRIT) is being implemented by the Pacific Islands Forum Secretariat (PIFS) as the Pillar Assessed Entity (PAE).

The Specific Objective of SPIRIT is to strengthen Pacific Intra-Regional and International Trade, and this will be achieved through a coherent, multi-track engagement process at the national, sub-regional and regional levels.

Purpose

The purpose of this contract is to review and update Tonga’s legislative framework to facilitate Tonga’s compliance with its legal obligations under the IEPA and its effective implementation post-accession.

Scope of Work

The Consultant will deliver the following:

• Key Result Area 1 (KRA1): Inception Report of a maximum of 12-pages within four business days after the inception meeting based on the clarifications provided, including a detailed timetable for implementing the Contract.

• Key Result Area 2 (KRA2): Summary report of initial review of all relevant laws, statutes, regulations, and licenses related to the respective roles and responsibilities of the Government of Tonga under the existing legal text of the IEPA.

• Key Result Area 3 (KRA3): A report on the complete design of institutional structures and arrangements incorporating feedback received in Tonga. The design of institutional structures and arrangements should clarify the appropriate roles, responsibilities, staffing needs, funding sources, and legal, statutory, or licensing requirements of the identified key institutions to effectively implement the IEPA.

• Key Result Area 4 (KRA4): A report on presentation for the Government of Tonga on analysis of the review of all relevant laws and the design of institutional structures and arrangements.

• Key Result Area 5 (KRA5): A summarised report with recommendations and instructions for revision of all relevant laws, regulations, statutes or licences.

• Key Result Area 6 (KRA6): Approved training programmes designed for Trade Customs and other government officials that will allow them to fulfill their responsibilities post-accession.

• Key Result Area 7 (KRA7): Tonga’s Legislative Review for IEPA Accession report validating the completion of the review process is completed and cleared by both the Tonga government and PIFS.

Academic Qualifications

The Consultant shall be an Attorney-at-law with at least ten (10) years of experience and should possess the following qualifications and experience:

a) an LLM in International Trade Law or related area.
b) at least ten years of experience in legislative drafting, including specific expertise in drafting trade-related legislation.
c) knowledge of the Laws of Tonga or the English-speaking Pacific region; and
d) excellent management and leadership skills are required, and candidates should have specific professional experience in and working knowledge of:
i. International Law or International Trade Law.
ii. Implementation of Trade Agreements, including the Pacific-EU-EPA.
iii. Pacific Policies and Institutions, particularly those pertaining to Trade and the terms of the EPA regarding Trade in Goods.

HOW TO APPLY

Submissions should be entitled:

SHORT-TERM CONSULTANCY ON THE REVIEW OF TIMOR LESTE MARKET ACCESSS OFFER FOR THE EU-TIMORE-LESTE INTERIM EPA (I-EPA)ACCESSION

Method of Submissions:

Submissions must be forwarded in PDF format following the instructions at www.tenders.net/forumsec

Note: Tenders must be submitted with clear labelling of the technical offer and the financial offer. The Technical Offer documents must be saved and submitted clearly labelled “A. Technical Offer”. Financial Offer documents must be saved and submitted clearly labelled “B. Financial Offer”.

The electronically submitted documents should be converted to the PDF format.

Deadline for Submissions:

Submissions need to reach the Secretariat by 4pm (Fiji Time), Wednesday 3 April 2024.

Late or incomplete tenders will not be considered.

Questions and Answers

All queries or request for information must be submitted via the Question and Answer Forum at www.tenders.net/forumsec . Tenderers may submit questions in writing to the mentioned Question and Answer Forum before the stated “deadline for requesting clarifications” 27 March 2024. The Secretariat has no obligation to provide clarification after this date.

Note: The Secretariat will not be responsible for non-receipt/non-delivery of the Bid documents due to any reason whatsoever.

Any complaints regarding the Secretariat’s tender must be directed to the following email: Tender.Complaints@forumsec.org. This email address will forward your complaint to a person that is independent and removed from the tender process. Complaints must be well founded and should not be used as a mechanism for notifying displeasure with the outcome of a tender award. Further information on making a complaint can be found on the Policies & Information page at http://tenders.forumsec.org.

In the event that further information is required by the Secretariat in relation to the tender for consultancy, the Secretariat reserves the right to seek the required information without the need for calling for resubmission of proposals.