I. Job Title : National Legal Advisor
II. Job Reference : RDTL-MPIE-MPS-2015-005
III. Terms of Reference : Attached
IV. Application procedure
Applications need to be addressed to the MPS Office at Hudi Laran, Fatuhada, Timor-Leste, or to email address, email@example.com, no later than 17:00 hours Timor-Leste time on Monday, the 18th day of May, 2015.
Applications should include (a) a covering letter (b) a detailed resume of no more than 7 pages.
Incomplete applications will not be considered.
Only short-listed candidates will be contacted.
Term of Reference
Position : National Legal Advisor
Reference : RDTL-MPIE-MPS-2015-005
Reporting to : Coordinator of MPS
Classification : Technical Contract
Duration : One Year with a 3 Months Probation Period (with possibility of extension based on performance assessment and the need)
Division : Major Project Secretariat, Ministry of Planning and Strategic Investment
The Government of Timor-Leste has established an Infrastructure Fund since 2011 to finance major projects identified by the Line Ministries responsible for their planning, implementation and management. The Major Project Secretariat (MPS), under the guidance of the Ministry of Finance (MoF) and Council of Administration of the Infrastructure Fund (CAFI), to which the Major Projects Secretariat provides technical and management support services. To provide these services, the Major Projects Secretariat consists of the following main units: IF Management Unit, Payment Unit, Planning/Project Appraisal Unit, Loans Unit, Public Private Partnership Unit (PPP) and Database / Reporting Unit.
Further to restructure of V Government Constitutional in February 2015, the MPS has shifted to the Ministry of Planning and Strategic Investment while Public Private Partnership (PPP) and Loan Unit remain with the Ministry of Finance. Hence, the main duties of MPS still in the area IF Management Unit, Appraisal & Budgeting Unit, and Database & IT Unit.
Reporting to MPS Coordinator, support the Legal Services under the major project secretariat that overseeing the project infrastructure project and development that include providing legal and policy advice to the Units, drafting / reviewing legislation, providing legal opinions, drafting memos and other related drafts on all legal matters dealt with by the Infrastructure funds. The Advisor will also assist in developing clear procedures for all phases of project planning and implementation of infrastructure.
III. SCOPE OF WORK
|Communicate with project sponsors on all legal and regulatory matters relating to their proposals;||· Policy advice and processes meet agreed international standards and are practical in the context of Timor-Leste|
|Maintain contact with all regulatory agencies to ensure the MPS are kept fully advised on developments in this area;||· Policy advice and processes meet agreed international standards and are practical in the context of Timor-Leste|
|Scrutinize and comment on specific contracts and agreements;||· Comments meet agreed international standards|
|Provide written opinions on legal and regulatory matters related to IF projects and compliance with the existing legal framework;||· Written opinions delivered on time and consistent with relevant laws|
|Develop and maintain a database of relevant legislative and regulatory material, global best practices and development of standardized contractual provisions and security documents;||· Database kept accurate and up-to-date|
|Contribute to the development of clear procedures for the MPS during all stages of the projects and manage the preparation of Standardized MPS Contract Provisions;||Standardized Procedures will
· Comply with international professional standards
· Meet acceptable standards of due diligence and
· Take account of contextual restraints in Timor-Leste
|Perform coordination works with various agencies relative to all legal matters, particularly loan documentations, loan negotiations, attending meetings and reporting;||· MPS legal documents prepared and approved by the concerned institutions based on international legal standards;
· MPS processed in compliance with the legal requirements of the Audit Court;
|Train other MPS staff to carry out the above tasks;||· Capacity building meets agreed international standards|
|Support the Coordinator in seeking and briefing outside legal opinion or advice||· Procedure according to relevant laws and legal opinions meets agreed international standards|
|Perform other related duties as required by MPS Coordinator.||· Other duties executed in an accurate manner and on time|
IV. KEY DELIVERABLES
- Provide on-going legal advice to the MPS.
- Draft and support the completion of various related legislation through the RDTL legislative process, for IF Projects.
- Provide written opinions on legal and regulatory matters related to IF projects and to the compliance with the existing legal framework;
- Scrutinize and comment on specific MPS contracts and agreements;
- On-demand legal reports and opinions, including review of legal documentations referred to the MPS and Ministry of Planning and Strategic Investment for action.
- Within four weeks of commencement, develop an Assignment Work Plan that is consistent with the relevant activities and performance indicators of the Ministry’s 5 Year Plan;
- Quarterly Progress Reports against the agreed Work Plan;
- The Contractor will provide an End of Assignment report to the MPS Coordinator, no later than 10 working days prior to the end of contract.
V. SELECTION CRITERIA
- Degree in Law, preferably in a Civil Law system with specialization in Contracts and Commercial Law (preferred);
- Demonstrated professional experience providing legal advice in relation to project finance and other structural financial projects such as Infrastructure (preferred);
- Demonstrated work experience in public finance administration and successful and verifiable experience in a project finance environment and in project finance transactions.
- Knowledge of civil law and common law and how to translate policy into legal text in both systems.
- Ability to translate technical legal terms into easily understood terminology;
- Excellent communication and interpersonal skills;
- Excellent Portuguese language skills and good English language skills, both written and spoken.
- Knowledge of financial management legislation and legislative processes in Timor-Leste.
- Specific knowledge of the development of legislation on public financial management and administrative law in the RDT, would be an advantage.
- Fluency in Bahasa Indonesian will be an advantage
VI. PERFORMANCE EVALUATION
Performance will be assessed by the Coordinator of MPS, using the Performance Appraisal System in accordance with the performance review framework for advisors in the Ministry of Finance.
This position will be subject to a three month probation period.