Anunțuri de Angajare

 SCOPE OF WORK

Position:                                 Local Legal Consultant (further Consultant)

Program:                                USAID Moldova Institutional and Structural Reforms Activity (MISRA)

Location:                               Chisinau, Moldova

Period of Performance:        April – September 2024

Published:                             March 29, 2024

Total Level of Effort:            up to 50 days

Work Plan Activity:              Task 2.1.2 (FY24 WP): Mitigation of regulatory burden on companies.   

Background

The USAID Moldova Institutional and Structural Reform 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, improve the institutional, business, and trade enabling environment in Moldova 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 space to strengthen Moldova’s economic growth and resilience, and by doing so, increase transparency and accountability.

 Activity Overview

The Prime Minister stated at the plenary meeting of the Economic Council to the Prime Minister, held on November 1st, 2023, that Moldova should rank first in terms of ease of doing business in the region.

On February 23, 2024, the Prime Minister signed a government order aimed at creating a regulatory and administrative framework favorable to entrepreneurial activities. A Working Group, created by that government order, will consist of representatives from all ministries, as well as from the State Chancellery and the Secretariat of the Economic Council to the Prime Minister (SCEPM). Additionally, representatives and specialists from the business community, civil society, and other institutions may be invited to participate in the Working Group's activities, at its discretion.

The Ministry of Economic Development and Digitalization (MoEDD), with support from SCEPM, will be responsible for developing maps detailing the obligations and processes stipulated by the regulatory framework. Ministries will provide the necessary information to MoEDD within specified timelines and ensure that the maps contain complete and accurate data.

At the initial step, models of entrepreneurial activities for economic sectors for which maps of obligations and processes governed by the regulatory framework will be developed, will be defined.

For each selected business model, a map of obligations and processes established by the regulatory framework will be developed, including at least the following components:

1. Launching the business
2. Obtaining financing
3. Obtaining real estate (headquarters and business/production premises)
4. Obtaining fixed assets
5. Hiring staff
6. Staff training
7. Medical examinations for staff
8. Accounting and financial records
9. Reporting
10. Records and employee relations
11. Requirements relating to vulnerable persons (gender, disability, etc.)
12. Interaction with financial institutions and payment management
13. Calculation, recording and payment of taxes
14. Obtaining permits for all aspects of the business
15. Obtaining permits for objects, products, services, employees
16. State inspections
17. Personal data requirements
18. Requirements for preventing and combating money laundering
19. Competition requirements
20. Import
21. Export
22. Interaction with consumers
23. Obtaining subsidies
24. Connecting to public utilities
25. Notarial services
26. Obtaining essential public services
27. Selling the business
28. Closing the business
29. Other components, identified later

The following information will be determined for each component in the map, as far as applicable:

1. Brief description and sub-components
2. Normative framework
3. Relevance to EU legislation, i.e.: is in EU legislation exactly; is in EU legislation but not exactly harmonized; is in EU legislation but exceeds it (goes beyond the minimum required); not relevant to EU legislation
4. Ministries responsible for the regulatory framework
5. Public administration authorities responsible for interaction with businesses
6. Preceding documents and procedures, including those necessary for requesting the service or carrying out the process/interaction
7. Possibility of remote interaction
8. Duration
9. Cost stated by the regulatory framework
10. Effort required from the business in man-days
11. Other compliance costs
12. Other characteristics, to be determined later
13. Approximate number of businesses, employees, objects covered
14. Other information, if deemed necessary at a later stage

This exercise is expected to identify major bottlenecks in conducting entrepreneurial activities, determine the potential for streamlining regulations, and set performance indicators to monitor the progress of reforms.

Several economic sectors are targeted by this exercise of the mapping of obligations and processes established by the regulatory framework. Transportation is one of the sector MISRA intends to provide support on mapping of obligations and processes established by the regulatory framework.

Responsibilities and Tasks

The Consultant will be responsible for the following:

• Develop a model of entrepreneurial activities relevant to the transportation economic sector, enabling a more comprehensive analysis of the obligations and processes outlined by the regulatory framework of the transportation sector.
• Identify the components of the map and key aspects of business activities within this sector.
• Collaborate with MoEDD, SCEPM and the Ministry of Infrastructure and Regional Development (MIRD) to obtain their approval of the proposed business model.
• Develop the map detailing the obligations and processes established by the regulatory framework of the transportation sector, based on the identified components, in consultation with relevant ministries, public authorities, and stakeholders.
• Identify relevant international indicators for specific components of the map.
• Work with MoEDD, SCEPM and MIRD to ensure their acceptance of the map of the obligations and processes outlined by the regulatory framework of the transportation sector.

 Deliverables

The Consultant will produce the following deliverables:

1. First draft of the map of obligations and processes established by the regulatory framework of the economic sectors of transportation, according to the components mentioned above.
2. Final map of obligations and processes established by the regulatory framework of the economic sectors of transportation, accepted by MoEDD, SCEPM and MIRD.

 Skills and Qualifications

• Master’s degree in law, economics, or related field.
• In-depth knowledge of relevant national legal frameworks.
• Minimum of 7 years of experience in drafting legal/normative acts and supporting documents.
• Demonstrated knowledge and experience in legal/normative consultation processes (both public and private sectors).
• Experience working with public authorities.
• Strong writing and speaking skills in Romanian are required; proficiency in English is preferred.
• Excellent communication and collaboration skills.
• Experience working with USAID and/or other international donors preferred.

 Supervisory Responsibilities and Reporting

The Consultant will coordinate tasks and deliverables directly with the Component 2 Structural Reform Team Lead and Structural Reform Expert.

How to Apply

We welcome your CV and preferably cover letter at Moldovajobs@nathaninc.com. Please apply by April 12, 2024, with “Legal Consultant - Mapping of the obligations and processes stipulated by the regulatory framework of the economic sector of transportation” in the subject line. This short-term position will remain open until filled.