Eastern and Southern Africa
ocds-bidanga-XX-OP00128070
Recruitment of Legal Consultant for Malawi National Single Window
Deadline
May 19, 2021
Key information
- Type
- IT & Télécom
- Procuring Entity
- The Roads Authority
- Location
- 🌍 Eastern and Southern Africa
- Deadline
- May 19, 2021 at 12:00 AMClosed
- Estimated Value
- Not disclosed
- Language of Notice
- English
Description
Republic of Malawi
Accelerating Malawi’s Economic Growth
R o a d s A u t h o r i t y
REQUEST FOR EXPRESSIONS OF INTEREST
(CONSULTING SERVICES – INDIVIDUAL SELECTION)
COUNTRY: Malawi
NAME OF PROJECT: Southern Africa Trade and Transport Facilitation Program –SOP2
Credit No.: 5622-MAI
Project ID.: P145566
Assignment Title: Legal Consultant-Malawi National Single Window
Reference No.: MW-RA-215210-CS-INDV
The Government of Malawi has received financing from the World Bank toward the cost of the second phase of the Southern Africa Trade and Transport Facilitation Program (SATTFP) -SOP2, and intends to apply part of the proceeds for consulting services above.
Currently, the Government of Malawi is in the process of implementing an electronic National Single Window (MNSW) that is a key reform within the context of the World Trade Organization’s Trade Facilitation Agreement (TFA). This project is being implemented with credit support under the World Bank funded Southern Africa Trade and Transport Facilitation Program (SATTFP) – SOP2, with International Finance Corporation (IFC) technical advisory support under the Malawi Trade Project.
The Ministry of Trade (MoT) is the policy holder on trade facilitation matters and in its capacity as coordinating institution on Trade Facilitation programmes in Malawi has requested support of the World Bank group (WBG) for an experienced legal consultant for MNSW to work alongside and give guidance to the Project Management Team (PMT), Technical Working Groups (TWGs) and Malawi Revenue Authority (MRA) in order to ensure that the MNSW project is managed according to good practice and taking into account the need to coordinate various inter-dependent activities, including procurements of equipment, infrastructure and services; implementation at the concerned Ministry, Departments and Agencies (MDAs); training and capacity building; establishment of a legal framework; implementation of the governance and operational models, etc.
The Legal Consultant will be hired under the SATTFP SOP2 and will work in collaboration with World Bank staff and international experts under the Malawi Trade Project. Specifically, the Consultant will provide guidance and advice to the PMT, TWGs, Consultant and Steering Committee with regard to development and implementation of work programme and the management of all the legal activities that form part of the MNSW.
In particular, the Legal Consultant will:
(i) Review existing pieces of legislation – that have an impact on the implementation of the National Single Window, namely:
Control of Goods Act;
The Customs & Excise Act;
The Malawi Revenue Authority Act;
The Pharmacy and Medicines Regulation Act;
The Forestry Act;
The General Interpretation Act;
The Value Added Tax Act;
The Electronic Transactions and Cyber Security Act;
Payment Systems Act;
Exchange Control Act;
National Parks and Wildlife Act;
Pesticides Act;
Public Health Act;
Iodization of Salt Act;
Pharmacy, Medicines and Poisons Act;
Fisheries Conservation and Management Act;
Any other Act for the agency responsible for issuance of licence;
(ii)) Identify gaps and inconsistences in the pieces of legislation that have an impact on the implementation of the National Single Window.
(iii) Drafting the NSW Bill
Amendment of existing legislations highlighted above
Draft NSW Bill based on Cabinet Directive on the Establishment of the National Single Window. The draft bill shall include amongst others:
Legal and organizational form the MNSW should take including the ownership/ administrator of the MNSW;
Legally enabling the use of electronic documents and transactions (e.g., the Malawi Electronic Transactions Act);
Privacy (protection of personal data) and protection of confidential information; Legal status in regard to recognition of electronic records and signatures as well as the retention and archiving of electronic documents;
Authority to access or share information among governmental authorities and other participating institutions;
Legal and regulatory provisions on rights of access to government information systems;
Civil or criminal liability for the misuse of information or the submission of incorrect or inaccurate data or unauthorized access;
Ownership and control of data obtained by government authorities;
Ownership of the MNSW technology including rights to the hardware, firmware, software, etc., that comprise the technical architecture of the MNSW;
Rights and limitations of government agencies to use information supplied electronically;
Authority of government agencies participating in the electronic trade transaction system to communicate with traders in electronic form;
Memoranda of Understanding and or end-user agreements between the MNSW (and/or the Malawi Revenue Authority, MRA) and those government entities participating in the MNSW including Service Level Agreements (SLAs), among others;
Legal basis or authority and status for the use of electronic payments;
End User Agreements (including SLAs) for traders and other private sector entities accessing the MNSW;
Mechanisms legal data protection and provisions for information security including Information Security Agreements (ISAs);
Whether charges or fees will be adopted for the MNSW including fees charged for processing of certificates, licenses, permits, etc.;
Dispute resolution mechanisms;
Offenses and Penal provisions in cases of failure to comply;
Savings or transitional provisions in new or amended Acts.
Undertake consultations with various stakeholders and make recommendations where necessary
The Legal Consultant will be engaged initially for a total of 60 man-days plus reimbursables to 31 December 2021, with the possibility for extension on number of days and/or duration depending on circumstances.
The Consultant will work closely with the Legal Analysis and Review Technical Working Group (LAR – TWG) of the Malawi National Single Window on a day-to-day basis. He/She will report to the National Steering Committee (as Chaired by the Principal Secretary in the Ministry of Trade).
In view of COVID-19, there will be an option of remote working where a Consultant cannot travel within Malawi in the short term, public officials are not in office but work from home until the COVID-19 crisis ends, and restrictions are lifted.
The PMT will provide the Legal Consultant with access to documents relevant to the assignment, including previous studies, legal texts and regulations, blueprints, specifications and business reform proposals etc. and will assist in facilitating meetings with key counterparts.
The Consultant will be based at Ministry of Trade in Lilongwe with office space and furniture provided.
The Roads Authority now invites eligible individuals (“Consultants”) to express their interest in providing the Services. Interested Consultants should provide information demonstrating that they have the required qualifications and relevant experience to perform the Services. The shortlisting criteria are:
A minimum of LLM in International Trade Law, International Investment Law, Commercial Law or International Financial Law
At least 10 years demonstrated experience and knowledge of legislative drafting with excellent writing skills.
At least 5 years demonstrated experience in undertaking similar work, preferably within the Sub-Saharan Africa.
Specialty in analyzing and development of trade regulatory frameworks.
Experience of working with the public sector in developing countries is essential and specific experience of working in public sector projects in Africa with Customs and/or other trade-related government agencies is highly desirable.
Fluency in English is required.
The attention of interested Consultants is drawn to paragraph 1.9 of the World Bank's Guidelines: Selection and Employment of Consultants under IBRD Loans and IDA Credits & Grants by World Bank Borrowers of January 2011, revised 2014 ("Consultant Guidelines"), setting forth the World Bank's policy on conflict of interest.
A Consultant will be selected in accordance with the Individual Consultant (INDV) selection method set out in the Consultant Guidelines.
Further information can be obtained at the address below during office hours i.e. 0800 to 1630 hours local time.
Expressions of interest must be delivered in a written form to the address below (in person, or by mail, or by e-mail) by 19th May, 2021, 16:30 hours local time.
The Chief Executive Officer, Roads Authority
Attn: Chesterfield Phiri – Human Resource and Administration Manager
Functional Building - Off Paul Kagame Road, Private Bag B346, Lilongwe 3, Malawi
Tel: +265 1 753 699
Email: [email protected] / [email protected]
Website: www.ra.org.mw
Tender Timeline
Publication
May 5, 2021
Bid Submission Deadline
May 19, 2021
Evaluation & Award
Pending
Contract Signature
Pending
Procuring Entity
- Procuring Entity
- The Roads Authority
- Country
- Eastern and Southern Africa
- Contact person
- Chesterfield Phiri
- [email protected]
- Phone
- +265 1 753 699