Nepal signs 'non-disclosure agreement' with China's Sinopharm for COVID-19 vaccines

In the dire need for COVID-19 vaccines, Nepal has signed a non-disclosure agreement with Chinese vaccine maker Sinopharm to procure the jabs despite the questions over the legality of such a deal. As Nepal continues to tackle the crippling second wave of the COVID-19 pandemic, the Nepal government has sought to procure the Chinese COVID-19 vaccines reportedly due to uncertainty of other sources. The Kathmandu Post quoted an official at the department on the condition of anonymity saying that, “The non-disclosure agreement was signed on Friday between the Department of Health Services and Sinopharm electronically.”

“After the Health Ministry authorised the director general to sign the agreement with Sinopharm, the agreement was signed,” the official reportedly added. Previously, Sinopharm’s proposal for a non-disclosure agreement had caused a stir among Nepal’s Health Ministry official. As per the report, Nepali laws do not provision agreements in public procurement. The Kathmandu Post further quoted the unnamed official saying, “After we state the quantity of vaccines to be procured, Sinopharm will quote the prices...Then the procurement process will move forward. I cannot say when the vaccines will be available.”

Nepal govt sought 10 million doses

Reportedly, Roshan Pokharel, chief specialist at Nepal’s Health Ministry said that the government had proposed to buy 10 million doses but the Chinese company said that they were unable to make that quantity available immediately. He told the media outlet that, “we will initially get probably two million doses.” The non-disclosure agreement between the Nepal government and Sinopharm was signed after the Chinese government already sending at least 1.8 million doses of its jabs in grants with 800,000 doses in March and one million in early June. Nepal has also received at least one million India-made AstraZeneca COVID-19 vaccine, Covishield.

The outlet has previously reported that this non-disclosure agreement means a legally binding contract that would also establish a confidential relationship. Reportedly, it would mean that Nepal is prohibited to reveal many details regarding the jabs including its price. However, Nepal’s Public Procurement Act 2007 and the newly-introduced COVID-19 Crisis Management Ordinance are silent on non-disclosure agreements even though reportedly both allow the government to procure directly from suppliers or manufacturers without any competitive bidding under extraordinary situations.

IMAGE: ANI/AP/Unsplash