Objective

The Legal Expert will provide technical assistance to the Ministry of Finance of the Maldives (MoF), Legal Affairs Department, to strengthen the legislative framework for public finance. Specifically, the Expert will provide legal assistance to (i) the Resource Mobilization Department (RMD) and the Debt Management Department (DMD) of the Ministry of Finance to ensure proper legal drafting of documents, including, but not limited to finance agreements, guarantee documents, MOUs etc.; (ii) review and synchronize the existing Public Finance Act and Decentralization Act and regulations made under the two laws, to identify the gaps and remove conflicts between the Public Finance Act and Decentralization Act, identify uncertain definitions within the laws, and suggest and submit appropriate amendments as necessary, (iii) assist the ministry in reviewing existing laws and provide input for drafting bills to strengthen the debt management legal framework; and (iv) provide legal opinion to the Ministry with respect to management of debt, budget, and procurement. The expert will also assist where required with essential project activities related to implementing the agreed annual work plan, providing inputs into the Activity Monitoring, Evaluation and Learning Plan (AMELP), and evaluation and monitoring framework.

Tasks

1. Work closely with RMD and DMD to:

• Provide legal assistance based on the requirements of RMD and DMD;.
• Provide legal opinion and comment on legal documents including, but not limited to, loan and grant agreements, guarantee documents and MOUs;
• Draft legal documents including but not limited to, finance agreements, guarantee documents, MOUs etc.;
• Provide briefings on legal matters for meetings and negotiations;
• Draft and comment on debt instruments from the legal perspective.

2. Provide ongoing advice to finalize the synchronization of the existing Public Finance Act and Decentralization Act and regulations made under the two laws, to identify the gaps and remove conflicts between the Public Finance Act and Decentralization Act, identify uncertain definitions within the laws, and suggest and submit appropriate amendments as necessary, including:

• Reviewing all the regulations, procedures and SOPs made under the Public Finance Act and Decentralization Act;
• Identifying gaps, contradictions, and conflicts between the two laws and regulations made under the two laws;
• Identifying deficiencies in definitions of important terms, and suggest appropriate definitions in accordance with international standards;
• Identifying the gaps where SOPs or other directives need to be issued under the laws and regulations;
• Draft such SOPs and directives as necessary;
• Draft appropriate amendments to the laws and regulations as needed;
• Provide legal opinion to assist the responsibilities of Legal Affairs with respect to Public Finance Law and Decentralization Law;
• Provide briefings for meetings and negotiations for relevant work carried out by MoF in collaboration with international organizations.

3. Working with the legal department of the Ministry and foreign missions as required, to provide input and assist with drafting new bills to strengthen the public debt management legal framework, and cooperation with international financial institutions including the following:

• Public Debt management Law.
• Fiscal Transparency Law.
• Sovereign Development Fund Law.
• Trust Law.
• Law on Privileges and Immunities accorded to the Asian Development Bank.
• Privileges and Immunities (work carried out by Attorney General’s Office) to other institutions such as the Islamic Corporation for the Insurance of Investment and Export Credit (ICIEC).

4. Provide legal opinion to the Ministry with respect to debt management, budget related matters, and procurement (transparency).

5. Provide legal support to other areas of the USAID PFM Project, including work done regarding establishment of PPP legal framework.

6. Provide policy and strategic advice on legal matters pertaining to this scope of work to the Minister for Finance and senior staff of the Ministry.

7. Work assigned by the Senior Legal Counsel based on the mandate of Legal Affairs of the Ministry of Finance and within the scope of this SOW.

8. Review and provide advice on instruments and documentations for subscription and contributions from GoM/MoF to international financial institutions

9. Review cabinet papers prepared by DMD and RMD relating to international financial institutions and donor financed projects

10. Advice on legal issues, as required, that arise from the implementation of donor financed projects

11. Liaise with the Attorney General’s Office, as required, on requests from DMD and RMD submitted for legal opinion

12. Any other tasks assigned by the Chief of Party (COP) in relation to the implementation of the PFM Maldives project.

13. Weekly, quarterly and as-required progress reports and updates on the tasks and deliverables above, and a project completion report detailing the activities carried out in the consultancy at the end of the assignment.

Deliverables

1. Progress reports as required and set out above.

2. Implementation and undertaking the tasks set out above.

3. Completion Report detailing tasks that were completed and the extent to which other tasks set out above have progressed.

4. Input into essential project activities related to implementing the agreed annual work plan, Activity Monitoring, Evaluation and Learning Plan (AMELP), and evaluation and monitoring framework.

5. Any other tasks assigned by the COP in relation to the implementation of the PFM Maldives project.

Qualifications & Experience

1. At least a Bachelor’s degree (Master’s preferred) in Law/legal Studies.

2. At least 7 years of relevant experience in the legal system of the Maldives, which must encompass experience in public financial management matters (including debt management).

3. Evidence of a successful record of delivery of legal and related policy advice in the Maldivian context at a senior level.

4. Strong management and communication skills in presenting, discussing and resolving complex legal issues and possessing the ability to work efficiently and effectively within a multidisciplinary team.

5. Excellent English and Dhivehi language skills.

6. Proven high-level written and oral communication skills.

Reporting

The Legal Expert will report to the PFM Maldives COP in completing tasks and in close coordination with the Legal Affairs Department and Heads of the DMD and RMD respectively of the Ministry of Finance of the Maldives.

Interested candidates please email CV to [email protected] on or before 6th March 2022.