Trade Law Advisor – Ministry of Commerce and Industry (Individual Consultant)

Job Description

FEDERAL GOVERNMENT OF SOMALIA

MINISTRY OF FINANCE

REQUEST FOR EXPRESSION OF INTEREST (REOI)

Federal Government of Somalia (FGS)

De-Risking, Inclusion and Value Enhancement of pastoral economies in the Horn of Africa Project (DRIVE) project

Trade Law Advisor – Ministry of Commerce and Industry (Individual Consultant)

Project ID:P176517

Individual/Firm:Individual Selection

Deadline for submission of EOI1 August 2024 4:00PM.

Ref No.SO-MOF-425070-CS-INDV

1. Background: The Republic of Somalia has received financing from the World Bank towards the cost of the De-Risking, Inclusion and Value Enhancement of pastoral economies in the Horn of Africa Project (DRIVE) projects; and intends to apply part of the proceeds of the above project to finance the position of a Trade Law Advisor to advise on all business policies and legal matters in advancing various pieces of legislation through the drafting and approval process. The Trade Law Advisor will provide business policies and legal advice to the Senior Management of the Ministry and Departments. These will involve the protocols and agreements signed by the Ministry leadership and will work on their process of ratification and endorsement about bilateral and multilateral trade agreements. The general function of the adviser will be to help the government mainstream trade policy and trade facilitation into the Somali development framework and to aid on matters of planning, formulation, and implementation of policies and legislation on trade- and industry-related issues.

The project development objectives are to enhance pastoralists’ access to financial services for drought risk mitigation, include them in the value chains, and facilitate the livestock trade in the Horn of Africa.

2. Responsibilities: The specific roles and responsibilities of the Trade Law Advisor/Consultant will include the following:

Support the Ministry of Commerce and Industry in implementing its trade policies and legal frameworks regarding the Trade Facilitation Agenda.

The consultant will lead the process of formulating, drafting, reviewing, commenting, amending, and translating the laws, policies, and procedures that are mandatory for the Ministry of Commerce and Industry.

The consultant will review Somali’s existing and anticipated bilateral, regional, and multilateral trade policy commitments (particularly under EAC, COMESA, AfCFTA, Horn of Africa, and in the WTO context) to determine the policy space, legal framework needed.

Examines the level of bilateral trade, including border trade and regional and international integration, and provides recommendations on how to enhance the process in line with the level of development and key policies and regulations of the country. Overview the Simplified Trade Regime and their implementation between Somalia and Kenya and the other borders.

Assess and provide legal advice on existing market access arrangements, including the capacity of domestic trade to meet the demands of preferential market access and ongoing trade negotiations, and recommend the best strategy to ensure optimum use of market access opportunities.

Provides regular legal advice to the Ministry’s senior officials to reduce legal gaps and oversee regulations relating to commercial trading in livestock.

The consultant will examine the legal documents for trade of Somali trade-related policies, laws, regulations, and practices and provide recommendations as appropriate. Specifically, the consultant will expedite export protocol agreements for Livestock Products with key existing and potential markets.

The consultant/adviser will contribute to the development and revision of the National Trade Policy document and to the implementation of the strategy process.

Advise on policies and legislation to establish favorable business environments that facilitate private sector development, including improving Somalia’s standing on Doing Business.

Review and analyze legal documents to determine contractual obligations and ensure that such documents clearly identify the terms of agreements between parties and minimize legal risks to the Ministry.

Spearhead the review, update, and development of the National Trade Facilitation Committees, the National Monitoring Committees, Standards, Phyto-Sanitary and Sanitary Regulations, Intellectual Property Law, Trademark Law, Licensing Law, Competition Law, and other key laws important to trade and investment.

Facilitate and coordinate any assessments relating to the effectiveness of the current institutional arrangements for reform at MoCI, as well as support any proposal for institutional mechanisms that promote a sustainable regulatory reform capacity at MoCI or the FGS level.

he consultant will work closely with the chief negotiator to provide legal advice on accelerating WTO accession and any other regional and global trade bodies.

Coordinate with lawmakers to speed up the endorsement process of bills/acts necessary for trade and trade facilitation, including but not limited to the Rules of Origin Law.

Implement the COMESA STR or STR equivalent at HOA border of Somalia with other regulations on minimum standards on the treatment of small-scale cross border traders.

Prepare Bilateral Agreements/Protocols establishing lists of common goods covered by the simplification measures (STR).

The full Terms of Reference (TOR) for the assignment can be found at the following website:

https://moci.gov.so/2024/07/14/tor-for-trade-law-advisor/

3. Duration: The proposed duration for the assignment is Twelve Months (12) calendar months from start date.

Skills and Qualifications
3. Selection Criteria: The selection shall be based on qualification, experience and skills of the candidate and followed by an interview. The qualifications, experience and competencies include:

• Master’s degree in Law, International Trade Law or related field.

• Minimum 5 years of professional experience practicing law with a focus on international trade law, commercial and business law in Somalia. Demonstrated experience drafting legislation and statutory instruments on international trade.

• Excellent knowledge of regional and international laws, regulations and agreements relating to trade, commerce and economic integration (EAC, COMESA, WTO, HOA, AfCFTA etc.)

• Proven track record providing legal advisory services to public entities in Somalia, particularly on complex private sector regulations and reforms.

• Strong analytical skills and ability to conduct in-depth assessment of existing legal and regulatory frameworks impacting trade and integration of the livestock value chain into regional/global markets.

• Excellent research, verbal and written communication skills in English and Somali. High level report writing skills.

• Strong presentation, facilitation and people management skills with demonstrated experience coordinating multiple stakeholders and providing advice to senior officials.

• Ability to work effectively both independently and as part of interdisciplinary teams.

5. The Ministry of Ministry of Finance now invites eligible consulting (“Consultants”) to indicate their interest in providing the above-mentioned Services. Interested Consultants should provide information demonstrating that they have the required qualifications and relevant experience to perform the Services and furnish the Curriculum Vitae (CV).

6. Attention of interested Consultants is drawn to section III, para 3.14,3.16 & 3.17 of the World

Bank’s Procurement Regulations for IPF Borrowers: Procurement in Investment Projects Financing Goods, Works, Non -Consulting and Consulting Services dated in September 2023 (“Procurement Regulations”), setting forth the World Bank’s policy on conflict of interest.

7. A Consultant will be selected in accordance with the Individual Consultant method set out in the World Bank Procurement Regulations.

How to apply
7. Interested Consultant may obtain further information (in person or by e-mail) at the address below during office hours from 8.00 a.m.– 4.00 p.m. Saturday to Thursday except on public holidays.

8. Deadline for submission: Expressions of interest should be delivered in a written form to the address below (in person, or by e-mail) by 1st August 2024 4:00PM. local Time.

Attention

Project Coordinator, DRIVE Project,

Ministry of Finance, Federal Government of Somalia, Shangani District, Mogadishu, Somalia Email Address: bid.drive@piu.mof.gov.so

dg@moci.gov.so