⁵³When an operator is also a supplier, the agreement will be between the operator and the control authorities.

The standard agreement should at least cover:

(1) Criteria for acceptance of shipment requests from operators (a model form is attached at the end).

The criteria for immediate acceptance of shipment requests from operators should at least specify the essential information to be furnished to the supplier concerning:

a. credibility of the requesting operator

A pre-determined list of credible operators ought to be prepared. A credible operator should (i) be an established organization; (ii) have adequate experience for international provision of humanitarian medical assistance; (iii) have responsible medical management (medical doctor(s) or pharmacist(s)); and (iv) appropriate logistic support.

b. nature of the emergency and the urgency of the request

A statement to the supplier on the nature of the emergency by the operator, or if appropriate, by a UN agency.

c. availability of control authorities in the receiving country.

d. diversion prevention mechanism after delivery

Indicate if the requesting operator itself is the user of the supplies. If not, the name and organization of the person responsible for receipt and internal distribution of the supplies should be indicated. As far as possible, the recipients in the receiving country should be identified.

(2) Timing and mode of reporting to the control authorities and the INCB

When control authorities are available in the receiving country, they should be notified as soon as possible by the control authorities of the exporting country and the operator of a consignment of the emergency delivery, while their import authorization may not have to be required under the circumstances of an emergency situation.

Suppliers should inform the control authorities of the exporting country of each emergency shipment being made in response to a request from an operator so that the control authorities can intervene if necessary.

Suppliers should submit to the control authorities of the exporting country an annual report on emergency deliveries and quantities of drugs involved as well as their destinations in duplicate, so that one copy can be forwarded to the INCB.

Suppliers, or operators through the suppliers, should inform the control authorities of the exporting countries, with copy to the INCB, of any problems encountered in the working of emergency deliveries.

(3) Other relevant matters

As appropriate, the agreement may include provisions on other relevant matters such as inspection and guidance by the control authorities. Although the quantities involved would be rather small, it may touch upon estimated/assessed requirements based on the principle that the drugs provided should be regarded as having been “consumed” in the exporting country.