Terms of Reference: Formulation of a Trade Policy Framework for Solomon Islands

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1 Terms of Reference: Formulation of a Trade Policy Framework for Solomon Islands Summary of the Project The project will assist Solomon Islands to formulate a comprehensive Trade Policy Framework that will assist the nation to promote and facilitate increased exports and strengthen the country as an effective partner in a globalised trading environment. The Trade Policy will play a vital role in articulating Solomon Islands trade interests and ensuring these interests are reflected in trade negotiations as well as in the review of the Pacific Plan. It will also contribute to strengthening the capacity of Solomon Islands to participate effectively in, and benefit from bilateral, regional and international trade. The Trade Policy will be used to raise the profile of trade and to mainstream trade into Solomon Islands National Development Strategy Most importantly, the Trade Policy will be a key document that will be used to secure Aid for Trade, which is required to implement the Trade Policy and assist Solomon Islands to fully exploit the opportunities offered by trade agreements. Relevance of the Project 2. Solomon Islands does not have a comprehensive trade policy framework to guide the nation in its domestic or international trade relations. This has resulted in the development and implementation of ad hoc policies and practices which have not supported forward development and which sometimes negatively impact trade for the country. 3. There is a need to clearly articulate Solomon Islands trade and development priorities so that they are clearly promoted and addressed in a coordinated manner with foreign governments and international organisations, including non-state actors. The existing rules and regulations on trade are mainly outdated or inadequate to support and facilitate trade. The lack of a comprehensive and coherent trade policy framework has allowed for an ad hoc application and approach to negotiations of various trade agreements. Disjointed co-ordination amongst the private sector, public service and non state actors has hindered the development of trade and its contribution to economic growth and sustainable development. 4. A trade policy framework will assist in building the capacity of the Government to formulate, negotiate and implement trade policies and to be proactive rather than being reactive in trade negotiations. It will also assist in identifying the supply-side constraints or the key binding constraints that inhibit trade, 1

2 and recommend pragmatic solutions on how these constraints can be addressed taking into account Solomon Islands level of development and absorption capacity. Detailed Description of the Project Objectives 5. The broader objectives of the project are to develop a sound, practical and comprehensive Trade Policy Framework that will drive Solomon Islands trade development, assist with the implementation of supportive domestic policies to enhance and facilitate trade, and guide the nation in trade negotiations. Outputs-Short Term 6. The Consultant(s) is required to produce a report outlining the current situation with recommendations to Government on the future including: the draft Trade Policy Framework for Solomon Islands that takes account of Solomon Islands current and future trade interests, consistent with Solomon Islands National Development Strategy (NDS) to reflect both domestic and external trade and is also in line with existing regional and international trade agreements; the reforms required for other trade-related policies and laws to support the Trade Policy Framework; and an implementation plan for the Framework and related reforms on a framework for the National Trade Development Council (NTDC) to drive and coordinate trade policy formulation, implementation, monitoring and review. Briefing and explanatory notes on the proposed Trade Policy Framework should also be provided to facilitate submission to Cabinet. Outputs-Long Term 7. The Trade Policy Framework is expected to deliver the following outputs: To strengthen the NTDC involving representatives from the key Government ministries, the private sector and non-governmental organizations to drive and coordinate all the activities relating to the trade policy formulation and implementation; To support Solomon Islands effort to create an environment which is conducive to trade, investment and private sector development, to enable the business community to produce goods and services that can be exported competitively; To mainstream trade into the Solomon Islands NDS and to use the Trade Policy Framework to secure Aid for Trade from Solomon Islands trade and development partners; and To assist Solomon Islands to address production and supply-side constraints which hinder trade. 2

3 Specific Tasks 8. In developing the trade policy framework, the consultant(s) will undertake the following activities: i. Consult all the key stakeholders in the government and private sector, and other non-state actors in Solomon Islands, as well as outside Solomon Islands, on Solomon Islands current and future trade interests and policies. At least 3 visits and/or presentations to Solomon Islands and the Forum Secretariat are anticipated. (a) The first visit, which should not exceed 2 weeks, should focus on undertaking preliminary consultations in plenary and on one-on-one basis to brainstorm and identify the key elements of a Trade Policy Framework and to gather the relevant data. (b) The second visit, which should not exceed 2 weeks, should be to present the first draft of the Trade Policy Framework to the stakeholders and to get feedback. The draft Trade Policy Framework should be circulated to all the stakeholders at least 1 month in advance of the visit. (c) The third visit, which should not exceed one week, will be to present the final draft Trade Policy Framework to the relevant stakeholders including the Forum Secretariat, Cabinet and Parliament, if requested by the latter. ii. iii. Examine the legal framework for trade in Solomon Islands and provide necessary recommendations. This will include an assessment of Solomon Islands trade-related policies, laws, regulations and practices. Examine the macro-economic environment in which the Trade Policy Framework is being formulated. This will include an update/summary on: a. The socio-economic setting; b. The 2009 Solomon Islands Diagnostic Trade Integration Study (DTIS), which sets the broader context on which the Trade Policy Framework is to be formulated. The Framework will build on and address some of the trade-related constraints identified in the DTIS; c. The external factors affecting economic growth and trade; d. The contribution of trade to GDP and employment; and e. The impact of the tax system on trade including the contribution of export taxes to total revenue and GDP. iv. Examine trade policy and domestic trade by sector including forestry, logging, agriculture and livestock, fisheries and aquaculture, mining and tourism among other sectors. This will include an assessment of major challenges, constraints and trade-related factors hindering production of competitive goods and services in these sectors. v. An assessment of Solomon Islands participation in international trade (goods and services). This will include: 3

4 a. Solomon Islands balance of trade, major import and export products, major import and export markets over the past 10 years; b. Solomon Islands export performance over the past 10 years and the key challenges affecting exports as well as measures that can be taken to assist Solomon Islands to produce goods and services that can be exported competitively on the regional or global market; c. Diversification of Solomon Islands export products and export markets; d. Solomon Islands tariff structure, customs and trade facilitation including sanitary and phytosanitary measures and technical barriers to trade as well as other nontariff barriers affecting trade; and e. Participation of Solomon Islands in trade in services and the current laws, policies and regulations governing trade in services. Trends in import and export data on trade in services over the past 10 years. vi. vii. viii. ix. Assess the other trade-related issues including legislation, investment policy, competition policy, intellectual property, taxation and government procurement. Related areas to be assessed include, but are not limited to, trade and environment including climate change, long term effect of logging, and gender and trade. It is expected that recommendations will be provided on international best practices taking into account the relevance of these issues to Solomon Islands. Undertake an assessment of the existing market access arrangements including domestic trade capacity to meet the on-going trade negotiations and recommend the best strategy on how Solomon Islands can fully utilise/exploit these market access opportunities. Assess Solomon Islands Aid for Trade needs and priorities and identify possible sources of funding taking into account the Consolidated Pacific Aid for Trade Matrix. Develop the draft Trade Policy Framework and provide clear justification for the proposed policy, identify trade-related domestic reforms required to support the policy, develop an implementation strategy for the policy and the supporting national mechanism in place to implement, review and monitor the Trade Policy. x. Present the Draft Trade Policy Framework to the Forum Secretariat, the NTDC Meeting, Cabinet and Parliament, and finalise the Trade Policy Framework taking into account the comments from all the stakeholders. The Trade Policy Framework should consist of a short Trade Policy Statement (not more than 10 pages), a full Trade Policy Framework (not more than 100 pages) and a costed implementation matrix. xi. xii. Prepare relevant briefing notes to facilitate Cabinet submission of the Trade Policy Framework. Perform any other tasks that are relevant to the formulation of the Trade Policy Framework as determined by the Government of Solomon Islands and the Forum Secretariat. Sustainability of the Project 9. Once the Trade Policy Framework is completed, there will be a need to review and follow up on the activities and recommendations. The proposed Trade Policy Framework will be driven by the 4

5 ministry responsible for trade as part of its core responsibilities and will be assisted in the implementation, review and monitoring by the NTDC. The Forum Secretariat will work with the relevant donors and Solomon Islands to implement the Solomon Islands Trade Policy Framework. Timeframe 10. The consultancy will commence no later than 10 May The first draft report is expected to be submitted to the Forum Secretariat and the Government of Solomon Islands no later than 20 September 2013 and the final report no later than 20 November The final presentation should be made no later than 28 February The following timeline of activities shall be adhered to: Initial trade policy consultation with the National Trade Development Council (NTDC) and conduct the first National Trade Policy Consultative Meeting (no later than the end of July 2013) Submit First Draft Report on Trade Policy Framework (no later than 20 September 2013) Second National Trade Development Council Meeting to present the First Draft Trade Policy Framework ( no later than 20 October 2013) Finalise Report taking into account feedback from all stakeholders and submit to the Government of Solomon Islands and the Forum Secretariat (no later than 20 November 2013) The final presentation to Solomon Islands and or the Forum Secretariat should be made no later than 28 February 2014 Confidentiality 11. The Trade Policy Framework remains the property of the Government of Solomon Islands and will not be circulated or shared with any other persons without written permission from the Government of Solomon Islands. However, the draft report and the final report shall be submitted to the Forum Secretariat to fulfill contractual arrangements. Fees 12. Travel to Solomon Islands undertaken by the consultant(s) for this consultancy shall be paid separately by PIFS in accordance with PIFS travel policy. The consultant(s) is required to submit a detailed work plan and a proposed budget on how to undertake the project. Required Expertise 13. The consultant(s) must: have an advanced degree in international trade law and/or economics. Have at least 7 years experience in trade policy work at a senior level and have an understanding and appreciation of trade policy work including the WTO, especially the Trade Policy Review, the Diagnostic 5

6 Trade Integration Study, and any other related trade policy work at regional and multilateral level; have a clear understanding of Aid for Trade and the processes involved in implementing the Trade Policy; have a good knowledge of existing Trade Policies, especially those relevant to developing and least developed countries (LDCs); demonstrate familiarity with the social and economic conditions of the Forum Island Countries (first-hand experience in one or more FICs would be an advantage); have a proven ability to write in a clear and concise manner and to communicate orally have experience in designing an implementation matrix of a Trade Policy to ensure that the document produced will be practical, easy to understand and implement; and be able to meet strict deadlines. Further Information 14. For further information concerning this terms of reference, please contact Mr Gainmore Zanamwe, Regional Trade Adviser, on telephone , fax or gainmorez@forumsec.org.fj 6

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