On Thursday, 12 September 2024, non-State actors in official relations and relevant stakeholders were invited to join a “brief open session at the beginning of the day.” In advance of Thursday’s discussions on Article 13 (Supply chain and logistics) and Article 13 bis (Procurement and distribution), Knowledge Ecology International provided the following comment on Article 13.4 bis. Paragraph 4 bis states:
[4.bis the Parties of the agreement shall not apply any unilateral economic, financial or trade measures not in accordance with international law and the Charter of the United Nations that impede supply, distribution or procurement of any medical or health related goods [, including medicine, medical equipment, spare parts, raw materials, software, access codes etc. DEL] DE
With reference to Article 13.4.bis, KEI is concerned that WHO member states have not provided sufficiently workable exceptions to sanctions, and this contributes to appalling barriers to medical supplies in countries facing economic sanctions.
The pandemic agreement should have language that remedies this problem.
In a December 2021 letter to the US Department of Treasury, KEI recommended that a country that uses economic sanctions provide at least five measures to protect access to medical products:
1. Publish a web page that provides in plain language guidance clarifying the scope of sanctions, that can be understood by persons who are not experts on the legal issues.
2. Publish “white lists” for products that are not subject to sanctions.
3. Actively work with trusted organizations and businesses to fast track and facilitate the granting of required permissions.
4. Provide comfort letters that can be used to reassure third parties such as financial institutions that certain activities are not subject to sanctions.
5. Publish best practices for providing drugs, vaccines, and other related products and services within the humanitarian exceptions.
Source: https://www.keionline.org/37098