Anunțuri de Angajare

SCOPE OF WORK

Position:                                 Local Legal Consultant

Location:                                Chisinau, Moldova

Period of Performance:        March 2024 - May 2024

Total Level of Effort:             up to 45 days

Work Plan Activity:             Task 2.4.3 (FY 2024 Work Plan): Development and implementation of eCMR;

Project Background

The USAID Moldova Institutional and Structural Reforms Activity (MISRA) is a five-year project funded by the United States Agency for International Development (USAID) and implemented by Nathan Associates Inc. MISRA’s objective is to stimulate a sustainable and inclusive recovery from the regional crisis and improve the institutional, business and trade enabling environment by supporting Moldova’s public institutions and the private sector to accelerate the implementation of trade liberalization mechanisms, adopt structural and investment climate reforms, accelerate financial sector reforms, improve economic governance in the public sector, and enhance strategic communications between the private and public actors.

MISRA builds on prior and ongoing USAID and US Government activities in the business enabling environment and trade facilitation to strengthen Moldova’s economic growth and resilience and, by doing so, increase transparency and accountability.

Activity Overview

The Convention on the Contract for the International Carriage of Goods by Road (CMR) is a UN convention signed in Geneva on 19 May 1956, relating to different legal issues concerning transportation of cargo by road. It provides a single legal framework for national and international road transport and defines the CMR consignment note, which signifies proof that a transportation contract exists in accordance with the terms and conditions required under the Convention.

The CMR – consignment note – includes information on the consigner, place of pick-up and consignee, place of delivery, goods, and all other related information about the transport. Traditional CMRs have 3 versions: for contracting, for transportation, and for administrative management.

In 2008, it became legally possible to use an electronic version of the consignment note (eCMR) following adoption of an additional protocol to the CMR Convention; it follows the same principles as the traditional paper method and, to be considered as a complete transport document, a credible electronic signature is required. The major difference between the two notes is that the electronic version connects all stakeholders in the supply chain via a digital platform, thereby increasing the visibility and transparency of the supply chain.

In November 2019, the European Parliament and European Council agreed to make electronic consignment notes mandatory and, therefore, the eCMR Protocol will be mandatory for all EU countries starting with 2026.

The Republic of Moldova joined the eCMR Protocol in March 2018. Considering new developments, and the intention of the authorities, the national legislation must be adjusted to the new eCMR instruments by introducing a new legal framework and/or necessary amendments to Moldovan laws and regulations governing the implementation and functioning of the eCMR. And the Republic of Moldova and Romania have agreed to pilot the eCMR jointly.

To achieve the Government’s objectives, MISRA will support the Ministry of Infrastructure and Regional Development (MIRD), and related national stakeholders, with the development and implementation of the eCMR in the Republic of Moldova. This assistance shall consist of the evaluation of the national legislation of both the Republic of Moldova and Romania relating to the consignment note and interaction of the authorities within the process, elaboration and/or amendment of the legal framework relating to implementation and functioning of the eCMR in both countries, definition of a technical concept, and specifications for the procurement and functioning of the future system.

In this regard, initially the consultant will prepare an evaluation of the legal framework in the Republic of Moldova and Romania, and will identify the necessary amendments and potential new acts for implementing and piloting the eCMR.

During the performance of the assignment, the consultant shall interact with MIRD, the International Association of Road Haulers of Moldova (AITA), the Customs Service of Moldova, ANTA, and the Electronic Governance Agency (EGA), and other related stakeholders in the respective field. Interaction with the Romanian stakeholders will be considered as well, given the support provided by MIRD, AITA and MISRA.

Responsibilities and Tasks

The consultant will implement the following activities and tasks:

• Conduct a comprehensive analysis of the legislation governing the consignment note in the Republic of Moldova and Romania. Identify the necessary amendments to the legislation and/or implementation of new legal acts on both sides. Identify by case, in coordination with the stakeholders, the most suitable option for the implementation and piloting of the eCMR between the Republic of Moldova and Romania.
• The above-mentioned tasks will be fulfilled referencing international treaties, EU requirements, UNECE developments, and international best practices.
• In coordination with MISRA staff, the consultant will lead working meetings with appropriate government representatives to develop findings and recommendations, including on international best practices, for a new legal framework and/or necessary amendments to Moldovan laws and regulations.
• Recommend a plan for further elaboration of the legal framework, based on the identified findings in coordination with the involved stakeholders.

The consultant will work on the following deliverables with regular and ad hoc reporting to MISRA on the progress of the work.

Deliverables

• A report evaluating the legislation in the Republic of Moldova and Romania, outlining the findings, and recommending the appropriate implementation of the legal framework for the implementation of eCMR and its piloting between the Republic of Moldova and Romania.
• A final report, following the consultant’s presentation of the document to Ministry of Infrastructure and Regional Development, Customs Service, AITA, ANTA and other related stakeholders, that will include the recommendations based on their questions and feedback.

Supervisory Responsibilities and Reporting

The consultant will report and coordinate his/her activities with MISRA Deputy Chief of Party and Transport and Logistics Specialist.

Skills and Qualifications

• University degree in law, or another field related to the assignment.
• At least 10 years of experience in conducting legal expertise and/or analysis. Knowledge of Romania’s legal system is a plus.
• Knowledge of road transport sector is desired.
• Knowledge of international treaties governing road transport and forwarding industry is desired.
• Knowledge of state information systems’ functioning is desired.
• Experience in drafting legal acts, and sound understanding of the legal promotion/approval process is desired.
• Experience of EU accession/association requirements is desired.
• Experience working within donor financed projects/programs is desired.
• Writing and speaking skills in English and Romanian are required.

How to Apply

We welcome your CV and preferably cover letter at Moldovajobs@nathaninc.com. Please apply by February 20, 2024, with “Legal Consultant - Assessment of eCMR implementation” in the subject line. This short-term position will remain open until filled.