Preparation of policy and legal framework for beneficial ownership and joint ventures

REQUEST FOR EXPRESSIONS OF INTEREST

SEYCHELLES

Third South West Indian Ocean Fisheries Governance and Shared Growth Project (SWIOFish3)

Loan No: IBRD-87790

Assignment Title: Development of Legal Framework for Joint Ventures and a Gap-analysis of Beneficial Ownership for the Fisheries Sector

Reference No.: GEF64/CQS/2022-SWF3

The Republic of Seychelles (“the Recipient”) has been allocated grant funds (the “Grant”) from the Global Environment Facility which are administered by the International Bank for Reconstruction and Development (the “Bank”) and executed by the Department of Blue Economy, Ministry of Fisheries and Blue Economy (“the Client”). The Client intends to apply the funds to eligible payments under the contract for which this Request for Proposals is issued. Payments by the Bank will be made only at the request of the Department of Blue Economy, Ministry of Fisheries and Blue Economy and upon approval by the Bank, and will be subject, in all respects, to the terms and conditions of the Grant Agreement. The Grant Agreement prohibits a withdrawal from the Grant account for the purpose of any payment to persons or entities, or for any import of goods, if such payment or import, to the knowledge of the Bank, is prohibited by a decision of the United Nations Security council taken under Chapter VII of the Charter of the United Nations. No party other than the Client shall derive any rights from the Agreement or have any claims to the proceeds of the Grant.

The consulting services (“the Services”) include;

As part of its development policy, the Ministry of Fisheries and the Blue Economy recommends for the development of a Legal Framework for Joint Ventures and undertake a Gap-analysis of Beneficial Ownership for the Fisheries Sector. In fisheries, the demand for beneficial ownership transparency is linked to a range of policy concerns and transparency about companies’ beneficial owners is important for accountability. This is most notable in terms of the fight against illegal fishing and corruption, but it also includes efforts to expose the extent of tax evasion, economic concentration and foreign ownership in the sector. Whilst legal provisions have been established to collect details about the ownership of the companies or ventures that are incorporated in the Seychelles, these registries often only hold information on ‘shareholders’ and not beneficial owners. In the fisheries sector, little information on beneficial owners is available, particularly if foreign ownership is involved.

In addition, Joint ventures have dramatically changed the dynamics of industrial and semi-industrial longline tuna fishing in the Seychelles. Joint venture partnerships have provided the local fishing industry with the financial, managerial and technical resources needed to exploit the fisheries resources and to extract the maximum benefits from their fisheries. However, the Fisheries Act, 2014 does not adequately take into account, to a large extent, internationally recognised norms, standards and best practices, and it fails to take into account several issues pertaining to joint venture partnership across the fisheries value chain.

Consequently, the Ministry of Fisheries and Blue Economy is seeking a consultancy firm to develop a legal framework for the governance of joint ventures and a legal gap analysis of beneficial ownership as it pertains to the fisheries sector. It will act as a supporting mechanism to provide for the sustainable management of joint venture frameworks, as well as provide specific instructions for beneficial ownership across the fisheries value chain and development of fisheries in the Seychelles should gaps exist.

Contract Duration: 6 months

The detailed Terms of Reference (TOR) for the assignment can be obtained by submitting an email enquiry to Mrs. Meggy Tirant on [email protected]

For this assignment, the Ministry of Fisheries and the Blue Economy (MFBE) is seeking a consultancy firm with the following profile, specific qualifications and experience:

At least 10-years demonstrable experience in delivering stakeholder-driven processes in drafting policies and undertaking legislative review;

Proven track record in conducting comprehensive legal reviews, knowledge and experience in corporate ownership is essential;

Demonstrate experience in preparation of documents, project proposals, evaluation reports and, preferably, publications on the fisheries sector and legal instruments; and

Experience and knowledge in beneficial ownership is highly advantageous.

The firm should provide the following key experts;

Key expert 1: Master’s degree or higher qualification in law or public administration or related subject, and at least 10 years of proven experience in comparative analysis;

Key expert 2: Bachelor’s Degree or higher qualification in law, economics, development studies or related subject, and at least 10 years of demonstrable experience in technical review and drafting of legislation in developing countries;

Key Experts will not be evaluated at the shortlisting stage.

The procurement process will be Consultant's Qualifications Selection (CQS) and will be conducted according to the World Bank guidelines for selection and employment of consultant, Ed 2011 revised July 2014 and the services contracted through the Department of Blue Economy (SWIOFish3 Coordination on behalf of Government).

World Bank policy requires that consultants provide professional, objective, and impartial advice and at all times hold the client’s interests paramount, without any consideration for future work, and that in providing advice they avoid conflicts with other assignments and their own corporate interests. Consultants shall not be hired for any assignment that would be in conflict with their prior or current obligations to other clients, or that may place them in a position of being unable to carry out the assignment in the best interest of the Borrower.

The attention of interested Consultants is drawn to Section III, paragraphs, 3.14, 3.16, and 3.17 of the World Bank’s “Procurement Regulations for IPF Borrowers” July 2016 (“Procurement Regulations”), setting forth the World Bank’s policy on conflict of interest.

World Bank policy requires that consultants provide professional, objective, and impartial advice and at all times hold the client’s interest’s paramount, without any consideration for future work, and that in providing advice they avoid conflicts with other assignments and their own corporate interests. Consultants shall not be hired for any assignment that would be in conflict with their prior or current obligations to other clients, or that may place them in a position of being unable to carry out the assignment in the best interest of the Borrower.

Consultants may associate with other firms to enhance their qualifications, but should indicate clearly whether the association is in the form of a joint venture and/or a sub-consultancy. In the case of a joint venture, all the partners in the joint venture shall be jointly and severally liable for the entire contract, if selected.

Expressions of interest must be delivered in a written form by e-mail by Wednesday 30th November 2022 at 15h30.

Mr. Roy Clarisse

Principal Secretary

Department of Fisheries

Ministry of Fisheries and the Blue Economy (MFBE)

Seychelles

Email: [email protected] ; cc: [email protected]; [email protected]