Rules of Origin Expert

Date de publication
Date limite pour appliquer
Organization
Cowater International
Description brève

Technical Expert - Terms of Reference

Project Name: Implementation of CPTPP Rules of Origin in Vietnam
Post Title: Rules of Origin Expert
Deadline: November 8, 2019
 
Background
Funded by Global Affairs Canada, the Expert Deployment Mechanism for Trade and Development (EDM) provides technical assistance to Official Development Assistance (ODA)-eligible countries to maximize the development impacts of trade and investment. Over seven years (2018-2025), EDM will invest CAD $16.5 million to support Canada’s developing country trading partners to negotiate, implement and benefit from and adapt to trade and investment agreements with Canada.
 
EDM is a demand-driven project that will benefit potential partners – including governments, local private sector groups and local civil society organizations – through capacity building and technical advisory support on policy reform issues that have a high potential to reduce poverty and gender inequalities, and support progress in trade and investment agreement negotiations.
 
Vietnam has been identified by Global Affairs Canada as a priority country for technical assistance, in the context of the implementation of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP). Despite rapid economic growth since the introduction of the “doi moi” (renovation) reform policy in 1986, Vietnam faces daunting challenges:
  • growth in total factor productivity has slowed;
  • the demographic dividend is being eroded by low-wage competitors;
  • trade costs remain comparatively high;
  • its exports remain labour-intensive and low value-added;
  • the benefits of economic growth are unevenly spread among its 58 provinces – 15% of the population, living in remote or rural areas, carry the burden of 50% of national poverty;
  • women are disproportionately represented in subsistence farming, in low-skilled, precarious employment and in the informal economy, and;
  • women remain underrepresented in senior management and the political class.
 
Implementation of the CPTPP also represents a significant challenge to Vietnam – a commitment to implement a comprehensive set of state-of-the-art trade disciplines that exceed the obligations of WTO agreements. Notwithstanding the suspension of certain measures after the US withdrawal (largely measures affecting intellectual property rights), the CPTPP calls upon Vietnam to further open its market, adopt stronger governance and regulatory practices, expand labour rights and meet higher environmental standards, provide greater protection to investments and foster enhanced inclusiveness in trade. Implementing the many new obligations imposed by CPTPP membership will require support from CPTPP and development partners.
 
An EDM mission to Vietnam, conducted in November 2018, identified many technical assistance needs, including in trade policy capacity-building. Subsequent discussions with the Multilateral Trade Policy Department of the Vietnamese Ministry of Industry and Trade (the coordinating agency for EDM assistance projects in Vietnam) and the project leads from individual applicant organizations, established assistance priorities for 2019-20. Among the priorities expressed by Vietnam was supported to raise industry awareness and understanding of CPTPP Rules of Origin, to access the benefits of preferential tariffs under the Agreement. As well, assistance was requested in the implementation of self-certification of origin, origin verification and the prevention of fraud in import and export activities. The introduction of self-certification is required under the CPTPP, however CPTPP members have agreed to a grace period of five years before exercising their rights to enforce this obligation through the dispute settlement provisions of the Agreement. In addition to seeking capacity-building for officials responsible for the administration of CPTPP Rules of Origin, Vietnam has expressed concern that Canada may exercise its right to accept self-certification by Vietnamese exporters and open the door to fraud and trade restrictions in Canada and third-party markets (especially the United States.)
 
This assistance is consistent with the approved EDM Country Needs Assessment Plan for Vietnam, Mandate 1, Trade Policy Capacity Building, and the EDM Performance Measurement Framework, Immediate Outcome 1210, enhancing the ability1 of partner country governments to strengthen, implement and measure legislation, regulations, policies and/or standards that support inclusive trade and investment agreements with Canada.
 
Assistance to raise industry awareness will directly benefit Vietnamese businesses, especially MSMEs, including women and minority owned businesses which typically lack the resources to comply with rule of origin and forego the benefits of bilateral trade agreements. Increased trade, through greater use of preferential market access, will benefit citizens indirectly, by contributing to economic growth and poverty reduction. Assistance in the introduction of self-certification of origin will directly benefit officials charged with the administration of the rules of origin regime.
 
Description of Assignment
Assistance has been requested by the Agency of Foreign Trade (a division of the Ministry of Industry and Trade) for the preparation of tools to raise industry awareness of CPTPP Rules of Origin and in the establishment of origin self-certification procedures.
 
Activity 1: Following the awarding of the contract, the Consultant will conduct a mission to Vietnam to further define the technical requirements of the TA request. The Consultant will submit a revised workplan as required and receive approval by EDM prior to commencing additional activities.
 
Proposed Additional Activities:
  • The design and management of a study tour to Canada (Ottawa) by Vietnamese officials responsible for the administration of Rules of Origin, to meet with Canadian counterparts to review: issues regarding self-certification of origin, the prevention of fraud and verification procedures, and; the product-specific Rules of Origin for key Vietnamese exports, including textiles.
  • The design and preparation of guides to the interpretation of CPTPP Rules of Origin for industry, academic, and public sector audiences.
  • The design and preparation of training tools (teaching plan, presentations, handouts, case studies, and answer guides, etc.) for training events tailored to industry, academic and public sector audiences. In addition to providing basic understanding of rules of origin disciplines and the specific provisions of the CPTPP, these training materials and information guides should identify new issues for Vietnam, including the treatment of remanufactured goods, regional value content, net cost, value of materials, de minimis, fungible goods or materials, sets of goods, and short supply lists.
    • Note: Similar materials have been prepared in the context of other Vietnamese trade agreements. These materials will provide models for CPTPP training and industry awareness tools. The ASEAN-New Zealand-Australia Free Trade Agreement Primer on Rules of Origin, Rules of Origin Training Modules, and Rules of Origin Training Modules Answer Book will be particularly useful in this project.
  • Participation in pilot training sessions, to prepare Vietnamese officials and stakeholders to provide ongoing training to industry, academics, and public sector officials (train-the-trainer).
  • Throughout the delivery of TA, the consultant will seek to identify opportunities to promote social inclusion, in both the short-term conduct of the project and longer-term economic policy development.

Technical Expert Profile/Expertise Required

  • Applicants for this assignment must have significant professional experience in the operation of Rules of Origin regimes, both in Canada and in international markets, and both the public and private sector. Applicants must also have detailed knowledge and understanding of the Rules of Origin disciplines of the CPTPP.
  • Experience in the design and delivery of training on Rules of Origin would be an asset.
  • Experience in the delivery of related trade technical assistance would be an asset.
  • Proficiency in English or French is required.
  • Fluency in Vietnamese would be an asset.
  • The EDM includes a core focus on gender and social inclusion as well as on environmental issues associated with trade activities. The approach to TA related to both of these topics is included in guidance documents that are available to both TA applicants and Technical Experts. Integrating such analysis will form a core part of the mandate of the TA provider therefore any prior experience in the provision of TA on gender equality and social inclusion and environment will be viewed as a strong asset.
 
Timelines
November 2019 to March 2020
 
Reporting
Deliverables:
  • Mission plan, including a mission schedule, list of meetings and planned activities.
  • Mission report and list of meetings.
  • Revised Activity Workplan – this plan will include a revised overall implementation plan, a performance measurement approach, including specific performance measures to evaluate the effectiveness of the project, and activity timelines and proposed budgets.
  • Proposed structure, content, and participation of the study tour to Canada.
  • Training schedule and modules in both English and Vietnamese.
  • Outline of documents to be prepared as part of the assignment.
  • Final activity report as per EDM report guidelines below:
 
Reporting:
On conclusion of the activities, the consultant will prepare a final report as per EDM report guidelines, including:
1. General context and broad objective(s) of the activity
2. A summary of the approach and specific activities
3. Expected and unanticipated challenges in the delivery of the activities
4. Outlines results, including the immediate outcomes and the anticipated longer-term benefits
5. Sustainability of results
6. Contribution to gender equality, social inclusion and sustainable development
7. Recommended performance management framework and specific performance measures
8. Recommended next steps in the implementation of the CPTPP in Vietnam, including future EDM deployments.
9. Lessons learned for future EDM interventions
 
To apply:
1. Describe your specific approach to implementing this TA.
2. Describe your project management and monitoring strategy for the implementation of the activities.
3. Indicate all personnel who are being proposed to implement this project and what their roles and responsibilities will be. Please include all their CVs.
4. Provide estimated LOE and consulting rates for principal(s) implementing the project.
 
Please apply with your resume and cover letter by November 8, 2019:
1) On our Career Page and,
2)To Vicki Campbell, EDM Program Manager, at vicki.campbell@cowater.com.
 
Please note that while we thank all applicants, we are only contact short-listed candidates.
Only non-shortlisted applicants who applied through our Career Page will remain in our database for future opportunities.

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