USAID MISRA is looking for a Local Legal Expert (Maritime sector)

SCOPE OF WORK

Position:                                 Local Legal Expert (Maritime sector)

Location:                                Chisinau, Moldova

Period of Performance:          July – December 2024

Total Level of Effort:              up to 60 days

Work Plan Activity:                Task 2.4.2. (Work Plan FY 2024) Development of legal framework related to training, certification and professional qualification of personnel navigating on inland waterways, including mutual document recognition.

                                                Sub-task 2.4.2.1 Elaboration of the legal framework transposing the EU legislation related to inland waterways

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.

MISRA is supporting structural reforms of the Government of Moldova’s regulatory and operational practices to improve trade and the business environment in support of job creation, investments, sustainable growth, and a quick economic recovery.

 Activity Overview

The Naval Agency of the Republic of Moldova (NARM), as the maritime administration in Moldova, has the role of ensuring effective implementation of state policies relating to maritime transport, improving, and monitoring compliance with the legal and regulatory framework, ensuring the safety of ports and inland waterways, and the quality and safety of the navigation of vessels.

According to its functional responsibilities, NARM is responsible for the implementation of international legislation, including EU accession requirements and international conventions, into Moldova’s legal system. The government decision establishing NARM, besides others. sets forth the following responsibilities related to certification of navigating personnel:

• Organize exams for assessing the capacities of seafarers for issuing licenses and certificates of competence.
• Grant, reconfirm, suspend, and/or revoke licenses and certificates of competence for seafarers.
• Register and maintain records of seafarers’ licenses and certificates.
• Issue and renew identification of seafarers, and of the staff piloting the vessels for embarkation and disembarkation.
• Coordinate and authorize companies which recruit and employ maritime and inland waterway staff on vessels flying the flag of the Republic of Moldova or foreign flag.
• Oversee the recruitment, training, and licensing of vessel pilots.
• Approve and certify training requirements, continuing education, and assessments of trainers and trainees/seafarers/inland waterways staff.

The Republic of Moldova lacks the necessary legal framework for the training and professional certification of navigating personnel and for the mutual recognition of Moldovan-issued documents. NARM must develop a new, progressive legal framework that conforms with international conventions and EU legislation, aligning with international best practices.

The SoW aims to develop comprehensive legislation transposing the provisions of the EU legislation, and UNECE resolutions.

Responsibilities and Tasks

The local Legal Expert will provide support to the International Maritime Expert in developing legal drafts and secondary legislation acts transposing the EU legislation and UNECE resolutions, governing the navigation of personnel on inland waterways and mutual recognition of issued documents and certificates.

The Local Legal Expert will implement the following activities and tasks:

• Provide support in reviewing national legislation in the domain, if existing, to identify relevant Moldovan legislation that should be amended and/or completed.
• Participate in working meetings and consultations with MIRD, NARM, and other state institutions, in coordination with MISRA.
• Provide support to international maritime expert in developing legal drafts to be implemented by NARM and MIRD specifically.
• Provide support in preparing tables of concordance and other supporting documents.

The Local Legal Expert will work on the following deliverables with regular monthly and ad hoc reporting to the International Maritime Expert and MISRA on the progress of the work.

 Deliverables

• Adjustments to the Primary and/or secondary legislation acts (draft laws, Governmental Decisions, regulations, ministerial orders, etc.) laying down the provisions for professional qualification, examination, training, and mutual recognition of the documents issued for personnel navigating on inland waterways (including tables of concordance and information notes). A monthly report will be submitted.
• Adjustments to the Secondary legislation acts (draft laws, Governmental Decisions, regulations, ministerial orders, etc.) laying down the provisions of the UNECE resolutions governing the navigation and certification of pleasure craft operators, and for the mutual recognition of Moldovan-issued documents. A monthly report on the progress will be submitted.
• Deliverables presentation to the beneficiaries, MIRD and NARM.

Required Skills and Qualifications

• University degree in law.
• Minimum 10 years of working experience.
• Understanding of EU legislation and EU accession process.
• Knowledge of maritime transport sector is desired, but not a priority.
• Experience in legal drafting, promotion, and approval process.
• Experience in working within technical assistance projects is desired.
• Writing and speaking skills in English required.
• Writing and speaking skills in Romanian.

Supervisory Responsibilities and Reporting

The Local Legal Expert (Maritime Sector) will report to the Deputy Chief of Party and the Transport and Logistics Specialist.

How to Apply

We welcome your CV and cover letter at Moldovajobs@nathaninc.com. Please apply by July, 1^st 2024 with “Local Lega Expert (Maritime sector)” in the subject line. This short-term position will remain open until filled.