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"title": "The great vaccine heist: The procurement contracts veil of secrecy violates transparency and public interest",
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"contents": "<i><span style=\"font-weight: 400;\">For previous articles on this topic by Fatima Hassan, read</span></i><a href=\"https://www.dailymaverick.co.za/article/2020-12-06-the-great-covid-19-vaccine-heist/\"> <i><span style=\"font-weight: 400;\">here</span></i></a><i><span style=\"font-weight: 400;\"> and</span></i><a href=\"https://www.dailymaverick.co.za/opinionista/2021-01-24-the-great-covid-19-vaccine-heist-part-two-moderna-when-solidarity-is-only-a-word/\"> <i><span style=\"font-weight: 400;\">here</span></i></a><i><span style=\"font-weight: 400;\">.</span></i>\r\n\r\n<span style=\"font-weight: 400;\">In early 2020, many of us in the access to medicines movement warned that it is neither prudent to rely on the market alone, nor just charity in the face of the Covid-19 pandemic. It would not be</span><a href=\"https://www.dailymaverick.co.za/article/2020-07-08-a-covid-19-vaccine-when-solidarity-meets-nationalist-profiteering/\"> <span style=\"font-weight: 400;\">sustainable</span></a><span style=\"font-weight: 400;\">. We argued that this approach of commodifying essential life-saving interventions, vaccines in particular, despite significant public funding and socialised risk supporting accelerated vaccine research (about</span><a href=\"https://healthpolicy-watch.news/81038-2/\"> <span style=\"font-weight: 400;\">$100-billion</span></a> <span style=\"font-weight: 400;\">of funding), would result in the public not getting timely and enough access to the fruits of publicly funded and supported research.</span>\r\n\r\n<span style=\"font-weight: 400;\">In the months to follow, the</span><a href=\"https://www.catholicnews.com/put-health-before-profits-by-making-vaccine-more-available-pope-says/\"> <span style=\"font-weight: 400;\">Vatican</span></a><span style=\"font-weight: 400;\">, the WHO’s director-general,</span><a href=\"https://www.unaids.org/en/resources/presscentre/featurestories/2021/april/20210414_letter-waive-intellectual-property-rules-COVID-vaccines\"> <span style=\"font-weight: 400;\">170 former heads of states and Nobel Laureates</span></a><span style=\"font-weight: 400;\">,</span><a href=\"https://oneill.law.georgetown.edu/covidvaccinestatement/\"> <span style=\"font-weight: 400;\">scientists, researchers</span></a><span style=\"font-weight: 400;\">, and many others have echoed our growing concerns.</span>\r\n\r\n<span style=\"font-weight: 400;\">We mourn the 3.5 million people who have already died within the space of just more than a year and the many, many more that are likely to follow. Yet, we have multiple safe and effective vaccines that could be used to save millions of lives. But, according to recent</span><a href=\"https://ourworldindata.org/covid-vaccinations\"> <span style=\"font-weight: 400;\">data</span></a><span style=\"font-weight: 400;\">, only</span><a href=\"https://ourworldindata.org/covid-vaccinations#what-share-of-the-population-has-received-at-least-one-dose-of-the-covid-19-vaccine\"> <span style=\"font-weight: 400;\">21.8%</span></a><span style=\"font-weight: 400;\"> of the world population has received at least one dose of a Covid-19 vaccine. This means that</span><a href=\"https://ourworldindata.org/explorers/coronavirus-data-explorer?zoomToSelection=true&pickerSort=asc&pickerMetric=location&Interval=Cumulative&Relative+to+Population=false&Align+outbreaks=false&country=~OWID_WRL&Metric=Vaccine+doses\"> <span style=\"font-weight: 400;\">2.7 billion</span></a><span style=\"font-weight: 400;\"> doses have been administered globally, and about</span><a href=\"https://ourworldindata.org/explorers/coronavirus-data-explorer?zoomToSelection=true&pickerSort=asc&pickerMetric=location&Interval=7-day+rolling+average&Relative+to+Population=false&Align+outbreaks=false&country=~OWID_WRL&Metric=Vaccine+doses\"> <span style=\"font-weight: 400;\">38 million</span></a><span style=\"font-weight: 400;\"> doses are now administered each day across multiple countries. But, just under</span><a href=\"https://ourworldindata.org/grapher/share-people-vaccinated-covid?country=High+income~Upper+middle+income~Lower+middle+income~Low+income\"> <span style=\"font-weight: 400;\">1%</span></a> <span style=\"font-weight: 400;\">of people in low-income countries have received at least one dose.</span>\r\n\r\n<span style=\"font-weight: 400;\">For Africa, the data indicate that less than 3% of people have been vaccinated, one of the worst faring continents for vaccine access and coverage. And if one compares the number of vaccines available, delivered, and administered, versus what has been promised or ordered, they are two massively different sets of numbers.</span>\r\n\r\n<span style=\"font-weight: 400;\">According to the director-general of the WHO, the world urgently needs</span><a href=\"https://www.who.int/director-general/speeches/detail/director-general-s-opening-remarks-at-the-g7-summit---12-june-2021\"> <span style=\"font-weight: 400;\">11 billion doses</span></a> <span style=\"font-weight: 400;\">to contain the pandemic. But, in a “grotesque” display of vaccine inequality, only about 20 places in the world have administered enough vaccines to cover 40% of their population, while the tools and technologies exist to speedily change this number.</span>\r\n\r\n<span style=\"font-weight: 400;\">It is also reported that the wealthiest 27 nations globally have a quarter of the world’s vaccine supplies.</span><a href=\"https://www.bloomberg.com/graphics/covid-vaccine-tracker-global-distribution/\"> <i><span style=\"font-weight: 400;\">Bloomberg</span></i><span style=\"font-weight: 400;\">’s vaccine tracker</span></a><span style=\"font-weight: 400;\"> estimates that 2.59 billion doses of vaccines have been administered, for about 16.9% of the global population across 180 countries. The UK has reached 46% (fully administered) vaccine coverage, while in the US it is about 45% (this does not reflect state-by-state vaccine access disparities in the US).</span>\r\n\r\n<span style=\"font-weight: 400;\">We also argued in the early days of the pandemic, that based on past experience of how private pharmaceutical corporations behave in epidemics, that in </span><i><span style=\"font-weight: 400;\">this</span></i><span style=\"font-weight: 400;\"> pandemic, it is not a good strategy to only rely on a handful of manufacturers to make safe and effective vaccines or even therapeutics. This is because when billions of doses are needed at the same time, limiting manufacturing to just a few companies, with export bans and other restrictions, creates scarcity, requiring rationing and prioritisation based on risk profile.</span>\r\n\r\n<span style=\"font-weight: 400;\">This means that while everyone, everywhere should be eligible for a vaccine at the same time, certain at-risk groups must be prioritised, first based on public health factors, ethics and equity principles. This is why, for example, the WHO called early on in 2021 for</span><a href=\"https://www.who.int/director-general/speeches/detail/who-director-general-s-opening-remarks-at-148th-session-of-the-executive-board\"> <span style=\"font-weight: 400;\">healthcare workers around the world</span></a> <span style=\"font-weight: 400;\">to be prioritised along with elderly people before others. This did not materialise.</span>\r\n\r\n<span style=\"font-weight: 400;\">We also argued that in addition to supporting the</span><a href=\"https://healthjusticeinitiative.org.za/2021/06/04/frequently-asked-questions-the-trips-waiver-and-the-wto/\"> <span style=\"font-weight: 400;\">Trips waiver</span></a><span style=\"font-weight: 400;\"> governments themselves should also take compulsory measures against companies that are unable to meet demand, mainly because they limit the number of manufacturing partners in a pandemic. This reduces the ability to scale up supplies to those in need. This is called </span><i><span style=\"font-weight: 400;\">artificial scarcity</span></i><span style=\"font-weight: 400;\">. And because CEOs are not elected leaders, they should not be in the driving seat in a pandemic.</span>\r\n\r\n<span style=\"font-weight: 400;\">In South Africa for a long time, and especially this past year, we have been waiting for Parliament and all political parties to urgently attend to passing the</span><a href=\"https://www.fixthepatentlaws.org/\"> <span style=\"font-weight: 400;\">Patent Amendment Bill</span></a><span style=\"font-weight: 400;\"> despite the Covid-19 pandemic showing the havoc that patent monopolies create. The tabling of the bill has stalled and is being blocked by certain political parties, we believe, to protect vested private interests. This could undermine future efforts to ensure that we access life-saving medicines and vaccines in affordable and sustainable ways.</span>\r\n\r\n<span style=\"font-weight: 400;\">Regrettably, global mechanisms that were touted as the solution to securing “equity” in and for the global South, with a promise of fair prioritisation in the allocation of available global supplies, relied only on volunteerism and cooperation. These mechanisms mainly still refuse to address market failures and intellectual property’s stranglehold on equity. Also, it cannot properly address the pressing need for vaccine supplies around the world right now. This includes Covax — which is now facing a massive shortfall in supplies for 2021. According to its most recent forecast, there is a real possibility that it will not be able to help even more than a quarter of vulnerable populations in low-income countries by the end of 2021. Neither will the WHO’s voluntary pooling mechanism called “C-TAP”, which so far does not have a single brand name vaccine manufacturer joining.</span>\r\n\r\n<span style=\"font-weight: 400;\">Locally, for several reasons, also to do with the SA government’s vaccine selection choices and timing of those decisions, the impact of the Covid-19 crisis in India coupled with the AstraZeneca/Oxford University/Serum II narrow licensing terms for that supply pipeline, Covax will deliver a first shipment of just Pfizer vaccines for South Africa before end June 2021.</span>\r\n\r\n<span style=\"font-weight: 400;\">Granted, both these initiatives (C-TAP and Covax) have been hamstrung by the tactics of very powerful and profitable companies alongside certain governments, especially G7 states. They have been unwilling to broadly share vaccine know-how or technology; unwilling to compel that transfer; nor fully support the entire Trips waiver proposal while millions of people are now at risk of dying, needlessly.</span>\r\n<blockquote><span style=\"font-weight: 400;\">But information sharing also means transparency, which sadly there has been very little of. For months the Health Justice Initiative has been asking for </span><b>all</b><span style=\"font-weight: 400;\"> the 2021</span><a href=\"https://healthjusticeinitiative.org.za/vaccine-equity/vaccine-timeline/\"> <span style=\"font-weight: 400;\">MAC Vaccine Advisories</span></a><span style=\"font-weight: 400;\"> to be made public, on the Department of Health’s</span><a href=\"http://www.health.gov.za/mac-advisories/\"> <span style=\"font-weight: 400;\">website,</span></a><span style=\"font-weight: 400;\"> even before the special leave of the minister of health took effect. Despite repeated requests, this has not been forthcoming, leaving everyone to speculate in a pandemic on vaccine selection decisions, supplies, deliveries and other relevant details.</span></blockquote>\r\n<span style=\"font-weight: 400;\">Some donations have been offered for use over the next 12-18 months but fall far short of what is needed: literally billions of doses. So, in the current context, it will take many years before global South countries can reach optimal population coverage and immunity levels. With multiple variants, the consequences of having to wait so long for supplies will be even more devastating on all health systems.</span><a href=\"https://www.doctorswithoutborders.org/what-we-do/news-stories/news/biden-administration-must-take-bold-action-ensure-global-covid-19\"> <span style=\"font-weight: 400;\">MSF</span></a><span style=\"font-weight: 400;\"> has also warned that due to vaccine supply shortages, most people in low- and middle-income countries will not receive adequate supplies of vaccines until at least </span><a href=\"https://www.cgdev.org/sites/default/files/COVID-19-Vaccine-Predictions-Full.pdf\"><span style=\"font-weight: 400;\">2023</span></a><span style=\"font-weight: 400;\">.</span>\r\n\r\n<span style=\"font-weight: 400;\">But, while we wait for supplies, deaths are on the rise. Again, locally, the</span><a href=\"https://www.samrc.ac.za/sites/default/files/files/2021-06-09/weekly5June2021.pdf\"> <span style=\"font-weight: 400;\">South African Medical Research Council (SAMRC) and UCT</span></a><span style=\"font-weight: 400;\"> joint mortality report indicates that from May 2020 to 5 June 2021 “there has been a cumulative total of nearly 167,000 excess deaths from natural causes of persons 1+ years of age”. At present, South Africa is in a Level 4 lockdown, in </span><a href=\"https://bhekisisa.org/article/2021-06-09-how-do-we-know-if-south-africa-is-in-a-third-wave-and-could-there-be-a-fourth/\"><span style=\"font-weight: 400;\">the third wave</span></a><span style=\"font-weight: 400;\">, with increasing rates of infection, and hospital bed capacity at risk of breaking point in several provinces, with both grief and population impatience rising alongside a very stretched and battered health workforce.</span>\r\n\r\n<span style=\"font-weight: 400;\">So far, the medicines regulator (an independent statutory body) has approved</span><a href=\"https://www.sahpra.org.za/press-releases/sahpra-update-covid-19-vaccine-janssen-fda-developments/\"> <span style=\"font-weight: 400;\">Johnson & Johnson with conditions</span></a><span style=\"font-weight: 400;\">, Pfizer through a</span><a href=\"https://www.sahpra.org.za/wp-content/uploads/2021/03/MEDIA-RELEASE-Pfizer-Section-21.pdf\"> <span style=\"font-weight: 400;\">section 21 approval</span></a><span style=\"font-weight: 400;\">, and the Serum II/AstraZeneca batch through a</span><a href=\"https://www.gov.za/sites/default/files/gcis_documents/SAHPRA_COVID-19%20vaccines%20update.pdf\"> <span style=\"font-weight: 400;\">section 21 approval</span></a><span style=\"font-weight: 400;\"> (in January 2021, the planned AstraZeneca roll-out was paused and the vaccines donated or sold to other African countries).</span>\r\n\r\n<span style=\"font-weight: 400;\">According to the </span><a href=\"https://www.sahpra.org.za/press-releases/sahpra-update-on-vaccine-approvals/\"><span style=\"font-weight: 400;\">South African Health Products Regulatory Authority</span><span style=\"font-weight: 400;\"> (Sahpra), </span></a><span style=\"font-weight: 400;\">it is reviewing or obtaining more data from additional candidates where companies locally have submitted dossiers: Coronavac (Sinovac), and Sputnik V. SinoPharm has just submitted an application for section 21 approval.</span>\r\n\r\n<span style=\"font-weight: 400;\">To date, according to Sahpra, Novavax and Moderna have not submitted regulatory dossiers or section 21 approval requests. Moderna appears to not want to enter the SA market at all, nor other low- and middle-income countries, though it has recently signed agreements with</span><a href=\"https://www.businesswire.com/news/home/20210611005274/en/Moderna-and-Tabuk-Pharmaceuticals-Partner-to-Commercialize-Moderna%E2%80%99s-COVID-19-Vaccine-in-Saudi-Arabia\"> <span style=\"font-weight: 400;\">Saudi Arabia</span></a><span style=\"font-weight: 400;\"> and</span><a href=\"https://investors.modernatx.com/news-releases/news-release-details/moderna-announces-agreement-supply-republic-botswana-its-covid\"> <span style=\"font-weight: 400;\">Botswana</span></a><span style=\"font-weight: 400;\">.</span>\r\n\r\n<span style=\"font-weight: 400;\">Outside of the Sisonke study trial, in South Africa as at 19 June, 2021</span><a href=\"https://twitter.com/miamalan/status/1406674471252107264?s=20\"> <span style=\"font-weight: 400;\">1,661,856 million</span></a><span style=\"font-weight: 400;\"> people have been vaccinated as part of the national roll-out with a first shot of the Pfizer vaccine. This is, mostly in Gauteng and KZN, presumably for people all over 60 years, and perhaps including some health workers that were not in the Sisonke study. Teachers commenced receiving vaccines last week too.</span>\r\n\r\n<span style=\"font-weight: 400;\">About 480,000 health workers were also vaccinated through the Sisonke study trial, and</span><a href=\"https://www.businessinsider.co.za/sports-stars-will-get-the-final-doses-of-sisonke-jj-vaccine-this-week-2021-5\"> <span style=\"font-weight: 400;\">media reports</span></a><span style=\"font-weight: 400;\"> indicate so too were athletes, sports officials from different sporting bodies and perhaps others too who are not healthcare workers or classified as a “high-risk” group.</span>\r\n\r\n<span style=\"font-weight: 400;\">While this has been taking place,</span><a href=\"https://www.businessinsider.co.za/france-vaccinating-citizens-against-covid-19-in-south-africa-2021-6\"> <span style=\"font-weight: 400;\">reports</span></a> <span style=\"font-weight: 400;\">also indicate that certain richer nation’s embassies have been vaccinating their staff and their own citizens in SA, in parallel, through specially authorised imports and special supplies. Global vaccine apartheid has now extended to domestic contexts without any consequences, except moral censure. We believe that several richer nation embassies, including the US embassy, have vaccinated their staff too, which we hope they report on. This suggests that South Africa has several parallel vaccine roll-out programmes, and the true number of people being vaccinated in the country is actually not that clear.</span>\r\n\r\n<span style=\"font-weight: 400;\">So, how is it that G7 member states have stockpiles or enough doses to even send to their staff and citizens overseas? According to the global</span><a href=\"https://peoplesvaccine.org/\"> <span style=\"font-weight: 400;\">People’s Vaccine Campaign</span></a><span style=\"font-weight: 400;\"> so far,</span><a href=\"https://www.amnesty.org/en/latest/news/2021/06/g7-support-for-pharma-monopolies-putting-millions-of-lives-at-risk/\"> <span style=\"font-weight: 400;\">one-third</span><span style=\"font-weight: 400;\"> of the world’s vaccine supplies</span></a><span style=\"font-weight: 400;\"> have gone to G7 member states, while in Africa, less than 3% of people have been administered with a vaccine. It is deeply ironic that these very countries have also for months blocked the</span><a href=\"https://healthjusticeinitiative.org.za/2021/06/04/frequently-asked-questions-the-trips-waiver-and-the-wto/\"> <span style=\"font-weight: 400;\">Trips waiver</span></a><span style=\"font-weight: 400;\"> proposal led by SA and India since October 2020.</span>\r\n\r\n<span style=\"font-weight: 400;\">And while more supplies are being promised by Covax, bilaterals and/or</span><a href=\"https://reliefweb.int/report/world/world-bank-and-african-union-s-covid-19-africa-vaccine-acquisition-task-team-avatt\"><span style=\"font-weight: 400;\"> African Union’s Covid-19 Africa Vaccine Acquisition Task Team (</span><span style=\"font-weight: 400;\">AU VATT</span></a><span style=\"font-weight: 400;\">) (there is definitely money) they are not arriving at all or not fast enough, which explains the shocking disparities in global vaccine coverage. In some parts of Africa, not all healthcare workers have received a vaccine, while the North is preparing to vaccinate adolescents and children — which ordinarily should be a joy.</span>\r\n\r\n<span style=\"font-weight: 400;\">So, SA is having to prioritise according to age and it seems other factors due to scarcity, at times unevenly.</span>\r\n\r\n<span style=\"font-weight: 400;\">With limited supplies all around and general confusion, one would expect that there should be a constant stream of information to keep the public abreast of developments and to provide hope. There is a desperate need to over-communicate every aspect of this roll-out — but government, the National Command Council and relevant statutory bodies are not taking this fully on board. Daily briefings are a must — there is a lot of anxiety, grief and mistrust now seeping dangerously into vaccine hesitancy territory and even political interference. We need the simplest vaccine programme design, less reliance on electronic systems for now, and simple messaging across all platforms and languages with non-contradictory information and standardisation across provinces (it cannot be that some provinces accept walks-in without an EVDS registration, while others do not).</span>\r\n\r\n<span style=\"font-weight: 400;\">But information sharing also means transparency, which sadly there has been very little of. For months the Health Justice Initiative has been asking for </span><b>all</b><span style=\"font-weight: 400;\"> the 2021</span><a href=\"https://healthjusticeinitiative.org.za/vaccine-equity/vaccine-timeline/\"> <span style=\"font-weight: 400;\">MAC Vaccine Advisories</span></a><span style=\"font-weight: 400;\"> to be made public, on the Department of Health’s</span><a href=\"http://www.health.gov.za/mac-advisories/\"> <span style=\"font-weight: 400;\">website,</span></a><span style=\"font-weight: 400;\"> even before the special leave of the minister of health took effect. Despite repeated requests, this has not been forthcoming, leaving everyone to speculate in a pandemic on vaccine selection decisions, supplies, deliveries and other relevant details. Most notably, the</span><a href=\"https://www.gov.za/speeches/distribution-astrazeneca-vaccine-12-feb-2021-0000\"> <span style=\"font-weight: 400;\">expert scientific advice</span></a><span style=\"font-weight: 400;\"> on pausing AstraZeneca and donating/selling it is not included in the batch of advisories recently uploaded. Why? For this reason, we now have no choice but to follow legal routes.</span>\r\n\r\n<span style=\"font-weight: 400;\">And in our local context, there can no longer be any secrecy about the terms and conditions of vaccine contracts and any associated prioritisation decisions — the reasons for this are best illustrated by the recent</span><a href=\"https://www.bloomberg.com/news/articles/2021-06-13/south-africa-to-dispose-of-2-million-contaminated-j-j-vaccines\"> <span style=\"font-weight: 400;\">Johnson & Johnson supply crisis</span></a><span style=\"font-weight: 400;\"> which has had a severe impact on the pace of SA’s roll-out, trust in it, and worse, distortion.</span>\r\n\r\n<span style=\"font-weight: 400;\">This also includes all vaccine contracts irrespective of non-disclosure agreements (NDAs) with pharmaceutical companies. Here, the tide is turning, multiple redacted versions are now being released elsewhere through legal processes too and are becoming</span><a href=\"https://www.keionline.org/covid-contracts\"> <span style=\"font-weight: 400;\">available.</span></a><span style=\"font-weight: 400;\"> The terms and conditions do not bode well for sovereignty or commercial fairness.</span>\r\n\r\n<span style=\"font-weight: 400;\">Aside from knowing what we paid for vaccines, for how many, and for when, we need to ensure that there is full transparency on these contracts especially in relation to the local fill-and-finish contract between Johnson & Johnson and Aspen Pharmacare. It cannot be that in a pandemic where research was publicly funded, government does not share critical procurement information just because a handful of companies tell them to.</span>\r\n\r\n<span style=\"font-weight: 400;\">There is a reason we have a Constitution in place, and our country should not be held hostage to untested claims of confidentiality and needless secrecy when so much is at stake. It is also not in the public interest to hide procurement contracts and other key decisions behind a thick veil of secrecy.</span>\r\n\r\n<span style=\"font-weight: 400;\">Similarly, decisions taken by government and its officials and the medicine regulator on the selection and approval of vaccines or pausing their use must be free of political, commercial or other vested interests and undue influence. This is why vaccine approval, all associated conditions, selection and the prioritisation or changes in age cohort prioritisation by government require transparency, at the very least. As </span><i><span style=\"font-weight: 400;\">Spotlight </span></i><span style=\"font-weight: 400;\">said this past week, “we need to know who is making decisions and why”.</span>\r\n\r\n<span style=\"font-weight: 400;\">It is unconscionable that private companies that conveniently believe in the rule of law for the protection of their own property claims do not also believe in contractual transparency and openness. Secrecy has no place in this pandemic — after all, </span><i><span style=\"font-weight: 400;\">we</span></i><span style=\"font-weight: 400;\"> the public are paying for vaccines and we are also paying for a national vaccine injury indemnification and compensation scheme.</span>\r\n\r\n<span style=\"font-weight: 400;\">In a pandemic, transparency matters. Let’s make it matter. </span><b>DM</b>\r\n<div dir=\"ltr\">\r\n<div>\r\n<div dir=\"ltr\"><i>Information pertaining to Covid-19, vaccines, how to control the spread of the virus and potential treatments is ever-changing. Under the South African Disaster Management Act Regulation 11(5)(c), it is prohibited to publish information through any medium with the intention to deceive people on government measures to address Covid-19. We are, therefore, disabling the comment section on this article in order to protect both the commenting member and ourselves from potential liability. Should you have additional information we should know about, please email <a href=\"mailto:[email protected]\" target=\"_blank\" rel=\"noopener\">letters@dailymaverick.<wbr />co.za</a></i></div>\r\n</div>\r\n</div>",
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"summary": "Aside from knowing what we paid for vaccines, for how many, and for when, we need to ensure that there is full transparency in these contracts. It cannot be that in a pandemic where research was publicly funded, government does not share critical procurement information just because a handful of companies tell them to.\r\n",
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