USAID MISRA is looking for a National Expert on Transposing the CSDD Directive

SCOPE OF WORK

Position:                             National Expert on Transposing the CSDD Directive (Consultant)

Location:                            Chisinau, Moldova

Period of Performance:    December 2024 - March 2025

Total Level of Effort:        up to 30 days                                           

Project 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 LLC. 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 Republic of Moldova has expressed its commitment to joining the European Union by 2030 and has undertaken significant steps toward harmonizing its national laws with European legislation. A key area of alignment is Environmental, Social, and Governance (ESG) principles. By adopting ESG principles, Moldova aims to strengthen its environmental, social, and governance policies, facilitating a path toward membership, attracting foreign investments, and promoting responsible, long-term development.

As part of its European integration efforts, the Ministry of Economic Development and Digitalization (MoEDD) has identified the necessity to align the national legal framework with the Proposal for a Directive of the European Parliament and of the Council on Corporate Sustainability Due Diligence (CSDD), amending Directive (EU) 2019/1937. This Directive is a cornerstone of the EU’s commitment to sustainability, requiring companies to implement robust due diligence practices aimed at identifying, preventing, and mitigating adverse impacts on the environment, human rights, and labor standards within their supply chains. Transposing the CSDD Directive into Moldovan law will foster a more ethical and transparent business environment, increasing the confidence of investors and international partners while positioning Moldova as a responsible economic partner aligned with international environmental and human rights standards.

The Directive mandates that companies practice due diligence by actively assessing and managing potential or actual negative effects associated with their activities, extending this responsibility to their subsidiaries and any business partners linked to their value chains. This new regulatory landscape will affect Moldovan companies, especially those that operate as suppliers or business partners to large EU companies. Such Moldovan companies may face increased scrutiny and could be required to provide detailed disclosures on human rights, labor practices, and environmental impacts, thereby aligning their operations with rigorous EU due diligence standards.

To support this strategic initiative, MISRA seeks to contract a National Expert on Transposing the CSDD Directive (Consultant) to assist the MoEDD with the transposition of the CSDD Directive into Moldovan law in the most appropriate way, ensuring alignment with EU requirements.

Responsibilities and Tasks

The Consultant will be responsible for the following tasks:

• Conduct an in-depth analysis of the CSDD Directive and local legislation in Moldova, focusing on its core provisions and requirements, especially those related to Environmental, Social, and Governance (ESG) due diligence.
• Perform a gap analysis of Moldova’s current legal and regulatory framework compared to the requirements of the CSDD Directive.
• Identify any legislative, procedural, or regulatory gaps that need to be addressed for Moldova’s alignment with the Directive’s ESG due diligence requirements.
• Collaborate with the MoEDD and other relevant stakeholders (state institutions, business support organizations) to draft new national laws/legal norms or amend current laws to incorporate the provisions of the CSDD Directive.
• Draft a new legal act transposing CSDD Directive or amendments to existing legislation necessary to meet the Directive’s ESG standards.
• Prepare the Justification Note as part of the legal act drafting process, in accordance with Law 100/2017 and Government Decision 574/2024, explaining the proposed adjustments with a focus on the impact on the private sector, social impact, impact on personal data, environmental impact, impact on competition, and impact on SMEs, assessing the extent to which different types of SMEs may be disproportionately affected, including in comparison to larger enterprises.

Deliverables

The Consultant will produce the following deliverables:

1. Draft law transposing CSDD Directive, by March 14, 2025

2. Justification Note

3.Finalization report summarizing the work completed, findings, and recommendations, using MISRA template.

Skills and Qualifications

• Minimum of a bachelor’s degree in Law, Environment or Economics.

• At least 5-7 years of professional legal experience, with a focus on legislative drafting, regulatory compliance, and governance, environmental, and/or other social laws.

• Previous experience in transposing EU directives or working on projects related to EU-Moldova legal alignment is highly desirable. Knowledge and experience working with the CSDD Directive preferred.

• Experience working with public authorities and understanding of local SMEs.

• Strong writing and speaking skills in Romanian are required; proficiency in English is preferred.

• Excellent communication and collaboration skills.

 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 cover letter at Moldovajobs@nathaninc.com. Please apply by November 19, 2024 with “National Expert on Transposing the CSDD Directive” in the subject line. This short-term position will remain open until filled.