(date when the selected candidate is expected to start)Duration of Initial Contract :As the efforts to reform Sierra Leone’s investment climate and help generate foreign and local investment have borne fruit, the number and scope of incoming investment proposals have increased exponentially. These proposals often take the form of Public Private Partnerships (PPPs), with the Government of Sierra Leone being asked to contribute rights or assets owned by the state into an enterprise to initially be controlled by the investor which aims to provide public services or the building of infrastructure such as roads, bridges or airports at no additional cost to government.While private sector led growth is central to government’s poverty reduction strategy, diligence is required to manage the global investment community’s growing interest in Sierra Leone and to protect the country’s interests. Public Private Partnership transactions are complex by their nature, and Government of Sierra Leone does not today have the expertise within government to identify non-market and overly aggressive terms and significant future contingent financial liabilities that may be buried deep in complex transactional contracts. Transactional expertise is urgently required to assist Government of Sierra Leone in separating ‘good’ deals from ‘bad’ deals and to negotiate transactions on government’s behalf.In a bid to professionalize the process by which Public Private Partnerships are established, the Government of Sierra Leone has prepared a Public Private Partnership policy and framework, which was passed by the Cabinet of Ministers on November 13th 2009. The framework provides for Government of Sierra Leone to process bids both solicited and unsolicited from start to finish including implementation of feasibility studies for deals and negotiation of contracts. The government has also drafted a Public Private Partnership Act that among other things will establish a Public Private Partnership Unit providing technical support and quality assurance for major Public Private Partnership investment deals across the various arms of government. In order to help capacitate the Government of Sierra Leone Private Sector team, including the Public Private Partnership Unit once established, and given the lack of transactional and Public Private Partnership experience in Sierra Leone, the government has requested support from United Nations Development Programme in the form of a commercial legal adviser experienced in Public Private Partnership type transactions to build the capacity of junior staff and a local counterpart who will be recruited to serve as a long-term commercial Public Private Partnership lawyer. The advisor is expected to contribute to the process in a conceptually innovative manner and will identify legal-related priorities, problems and issues to be addressed and propose corrective actions to achieve the government’s Public Private Partnership goals.
The Commercial Legal Advisor will be based in State House and work directly with the Government of Sierra Leone Private Sector Development Team under the overall supervision of the United Nations Development Programme Economic Advisor.
Summary of Key Results:
The preparation, management and conclusion of live Public Private Partnership deals supported, as relevant;Provide leadership in legal analysis, contract negotiation and execution with respect to Public Private Partnership transactions in partnership with Private Sector Advisor and Ministries, Departments and Agencies, on behalf of Government of Sierra Leone;Government of Sierra Leone Private Sector Development team and Public Private Partnership Unit as well as relevant counterparts in other line Ministries, Departments and Agencies (Ministries, Departments and Agencies) capacitated under the Capacity Development Plan as we as through hands-on training in the course of live Public Private Partnership processes;Facilitate regional exchange of relevant knowledge and experiences, with support from the United Nations Development Programme Regional Programme as relevant.Functions:
Provide leadership in legal analysis, contract negotiation and execution with respect to Public Private Partnership transactions in partnership with Private Sector Advisor and Ministries, Departments and Agencies, on behalf of Government of Sierra Leone;Represent the Government of Sierra Leone Private Sector Team when engaging with relevant line Ministries, other Government of Sierra Leone counterparts, donors and private sector stakeholders;Initially assist in startup and build out of legal capacity of Public Private Partnership focal points in Private Sector Advisor;Coordinate the day-to-day legal work of the Public Private Partnership focal points and report directly to the head of Private Sector Advisor;Manage and develop the legal capacity of permanent Private Sector Team member(s);Ensure that Private Sector Team members work within Private Sector Advisor remit and that both Private Sector Advisor and United Nations Development Programme reporting requirements are met;Document key work processes and lessons learned as cases for training purposes;Facilitate regional exchange of relevant knowledge and experiences, with support from the United Nations Development Programme Regional Programme as relevant;Liaise with other stakeholders and development partners working in related areas;Keep United Nations Development Programme informed of progress and important developments; Capacity Development Plan for commercial transactions skills designed and implemented;Government of Sierra Leone Private Sector Development team and Public Private Partnership Unit as well as relevant counterparts in other line Ministries, Departments and Agencies (Ministries, Departments and Agencies) capacitated under the Capacity Development Plan as we as through hands-on training in the course of live Public Private Partnership processes.Core business processes developed and formalised into guidance notes, e.g. for:Tendering of Public Private Partnership bids;Due diligence/scrutiny of investors and proposals;Cost/benefit analysis of Public Private Partnership proposals;Negotiation of Public Private Partnership agreements and key legal points to observe therein;Contracting/drafting of legal text to formalise agreements;Arbitrage/resolution of legal disputes;The preparation, management and conclusion of live Public Private Partnership deals supported, as relevant;Weaknesses in the current legal and regulatory framework related to Public Private Partnership deals identified and recommendations made for strengthening it.The key results will have an impact on the economic future of Sierra Leone by directly supporting the President’s private sector driven development agenda and building the critical national capacities needed to attract, negotiate and manage large scale investment to the country. It will help the government avoid investment deals being entered into through processes that lack sufficient awareness, legal capacities and procedural structure to ensure consistently beneficial outcomes for the county and its people.Functional Competencies:
Leadership and Management
Demonstrated ability to manage teams of legal professionals and external resources in deadline scenarios to consummate complex transactions;Ability to interact with Private Sector Team with enthusiasm, energy and positive and constructive attitudeCoaching / Capacity BuildingAbility to develop skills of legal professionals among the Private Sector Team member(s) and in related Government of Sierra Leone organisations (i.e. Private Sector Advisor, Ministry of Trade, Export and Investment Promotion Agency);Ability to partner constructively with Private Sector Team members and the Private Sector Advisor, and pass on Public Private Partnership related legal transaction execution capacity and expertise.Appreciation of administrative, budgetary and implementation modalities of Government of Sierra Leone led projects/programmes. Effective communication via written and oral formats – capability to engage with others, listening and conversing appropriately.Work collaboratively with colleagues to achieve organisational goals while supporting personal and professional development aspects. Create, lead, manage and monitor legal scope of projects and priority plans.Take ownership of all legal responsibilities/commitments while ensuring high quality work products and focus on results.Core Competencies:
Demonstrates integrity by modeling the UN’s values and ethical standards;Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability;Treats all people fairly without favoritism.Education:
Masters or equivalent in Law or greater.Experience:
At least 7 years of relevant experience in providing international legal advice to corporate, investment banks and other financial institutions on public and private mergers and acquisitions, corporate restructurings, corporate governance, initial public offerings, equity issues, projects and tax;Experience with government transactions, privatizations and Public Private Partnerships a plus;Knowledge of and experience with results-based management methodologies and tools (project and programme management, design, monitoring and evaluation); Experience working in emerging/frontier markets is desirable; andExperience working with Governments in Less Developed Countries is highly desirable.Excellent written and spoken English.UNDP is committed to achieving workforce diversity in terms of gender, nationality and culture. Individuals from minority groups, indigenous groups and persons with disabilities are equally encouraged to apply. All applications will be treated with the strictest confidence.
View the original article here
This post was made using the Auto Blogging Software from WebMagnates.org This line will not appear when posts are made after activating the software to full version.
No comments:
Post a Comment