Common use of Tasks Clause in Contracts

Tasks. The overall task of the independent auditor is to monitor implementation of the systems established to verify legal compliance with all aspects of the LAS. The key issues to check will include compliance with the legal requirements established in the legality definition, the chain of custody and verification by the Liberia Verification Department (LVD) and the Liberia Licensing Department (LLD), all described in Annexes II and IV respectively. The method to be used must be evidence-based and include documentary checks and field or on-site visits. Specific tasks of the independent auditor will be to: (a) check that systems are functioning effectively and that timber harvested, processed and traded complies with the requirements of these systems. This includes legal requirements for pre-contract timber rights allocation, contract allocation, pre-felling requirements, felling, processing and deliveries; (b) verify that the chain of custody system, a key component of the LAS, is effective and functioning appropriately, confirming that requirements are fulfilled from pre-harvesting operations to export or sale on the domestic market; (c) assess the performance and effectiveness of the LVD and associated Government agencies involved in the verification process to ensure compliance with the LAS requirements; (d) assess the system established to ensure that the LLD issues FLEGT licenses only to consignments which are produced or exported in full compliance with the LAS; (e) assess the process for determining the validity of licenses in order to ensure that the license verification system is efficient and does not unduly delay or burden the license-holder; (f) assess how reported infractions are addressed or not addressed by the relevant authorities; (g) evaluate the effectiveness of any measures taken to correct those weaknesses; (h) identify gaps and weaknesses in the overall LAS, i.e. the functioning of the chain of custody, legality verification and licensing components of the LAS, and the level of impact on the credibility of the LAS; (i) report its findings and recommendations to the Joint Implementation Committee (JIC), that is required to publish these audit reports regularly.

Appears in 3 contracts

Samples: Voluntary Partnership Agreement, Voluntary Partnership Agreement, Voluntary Partnership Agreement

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Tasks. The overall task of the independent auditor is to monitor implementation of the systems established to verify audit will evaluate legal compliance with in all aspects of the LAS. The key issues to check will include compliance with the legal requirements established addressed in the Annexes II, IV and V (LAS). Of key importance are the checks to ensure that the legality definitiondefinition is adhered to in practice, that products in the value chain are traceable and that there is verification prior to the issuing of custody and verification by the Liberia Verification Department (LVD) and the Liberia Licensing Department (LLD), all described in Annexes II and IV respectivelya FLEGT licence. The method to will be used must be evidence-based evidence‑based and include documentary checks and field or on-site on‑the‑spot visits. Specific tasks of the independent auditor audit will be to: (a) check that systems are functioning effectively and that timber harvested, transported, processed and traded marketed, including imported timber, complies with the requirements of these systemslegal requirements. This includes legal requirements for pre-contract timber concerning approval of the harvesting of timber, upholding the rights allocationof the Indigenous and Afro‑descendant Peoples of Honduras, contract allocationcompliance with employment and safety obligations, pre-felling requirementstransport, fellingprocessing, processing trade, and deliveriespayment of taxes, fees and tariffs; (b) verify that the chain of custody systemtraceability, a key component of the LAS, is effective and functioning appropriatelysatisfactorily, confirming that requirements are fulfilled from pre-harvesting the time of pre‑harvesting operations to export or sale on the domestic market; (c) assess evaluate the performance and effectiveness of the LVD ICF’s Legality Verification Unit, in its role of verifying legality, and of the associated Government government agencies involved in the verification process to ensure compliance with the LAS requirements; (d) assess evaluate the system established to ensure that the LLD ICF’s FLEGT Licensing Unit issues FLEGT licenses or H‑Legal licences only to consignments which are produced or produced, processed, transported and exported in full compliance with the applicable indicators in the legality matrices and the LAS; (e) assess the process for determining the validity of licenses FLEGT and H‑legal licences in order to ensure that the license verification system is efficient and does not unduly delay or burden the license-holderlicence‑holder; (f) assess evaluate how reported infractions breaches are addressed or not addressed by the relevant authoritiescompetent authorities and whether they are dealt with promptly; (g) evaluate the effectiveness of any measures taken to correct those weaknessesproblems identified in the process; (h) identify gaps and weaknesses in the overall LAS, i.e. LAS by studying the functioning of the chain of custodytraceability system, legality legal compliance and verification and licensing components of the LASFLEGT and H‑legal licensing components, and together with the level of impact on the credibility of the LAS; (i) check and evaluate implementation of the safeguard measures described in the LAS or others adopted later, and make recommendations; (j) draft and report its findings findings, including conclusions and recommendations to the Joint Implementation Committee (JIC), that which is required to publish responsible for publishing these independent audit reports regularly.

Appears in 2 contracts

Samples: Voluntary Partnership Agreement, Voluntary Partnership Agreement

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Tasks. The overall task of the independent auditor IA is to evaluate and monitor implementation of the systems system established to verify legal compliance production’ of timber and timber products in accordance with all aspects of the LASTHTLAS. The key Key issues that will be assessed include the way the system functions to check will include ensure compliance with the legal requirements established in the legality definitiondefinition and its verification, supply chain controls and its verification, licensing as well as the chain relevant associated processes - and institutional aspects - that are required for the effective and efficient functioning of custody and verification by the Liberia Verification Department (LVD) THTLAS and the Liberia FLEGT Licensing Department (LLD), all scheme. All these aspects are described in Annexes II the VPA and IV its Annexes, in particular Xxxxxxx XX [LD], V [TLAS] and VI [SCC] respectively. The method methodology to be used by the IA must be evidence-based and include documentary checks and as well as field or on-site visits. Specific tasks of the independent auditor will be to: (a) check prepare a manual of procedures outlining the framework for the IA’s operations including methods for gathering information, assessing evidence and reporting; (b) assess that systems are the THTLAS is functioning effectively and that timber harvested, processed imported, processed, transported and traded complies have been produced and checked in accordance with the requirements of these systemsthe THTLAS. This includes legal requirements for pre-contract timber rights in respect of the source (and/or source allocation, contract allocation), pre-felling requirementsharvesting, fellingharvesting, transport, processing and deliveriesexport; (bc) verify that the supply chain of custody system, a key component of the LAS, controls system is effective and functioning appropriately, confirming that requirements are fulfilled from pre-source allocation (including imports), pre- harvesting operations through to export or sale on the domestic market, including the adequacy of data management; (cd) assess the performance and effectiveness of the LVD and associated Government all government agencies involved in the relation to their THTLAS verification process to ensure compliance with the LAS requirements; (d) assess the system established to ensure that the LLD issues FLEGT licenses only to consignments which are produced or exported in full compliance with the LASactivities; (e) assess the process for determining issuance of licences to provide a confirmation that a shipment of timber products has been legally produced and verified in accordance with the validity requirements of licenses in order to ensure the THTLAS, and that the license verification system licence function is efficient and does not unduly delay or burden the licenselicence-holder; (f) assess how non-compliances reported infractions by the different government agencies involved in the THTLAS verification are recorded, addressed or not addressed and archived by the relevant authorities. This includes assessing the effectiveness of information flow between these agencies with a view of informing compliance with the THLAS by an operator [and civil society]; (g) evaluate the effectiveness of any measures taken to correct those weaknesses; (h) identify gaps and weaknesses weaknesses, to the extent relevant, in the overall LASdesign and implementation of the THTLAS, i.e. the functioning of the supply chain of custodycontrols, legality verification and licensing components of the LASTHTLAS, and the level of impact on the credibility of the LAS; (i) report its findings THTLAS, and suggest recommendations to the Joint Implementation Committee (JIC); (h) report findings and recommendations to the JIC, that which is required to publish the summary of these audit reports regularly; and, (i) assess the implementation of corrective measures agreed by the JIC to address deficiencies identified in IA reports. The tasks listed above may be further developed and/or refined, once the JIC has been established, with a view to procuring a suitable service provider.

Appears in 1 contract

Samples: Terms of Reference for the Independent Audit

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