USAID MISRA is looking for a National Legal Expert

SCOPE OF WORK

Position:                             National Legal Expert (further Consultant)

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

Location:                            Chisinau, Moldova

Period of Performance:    January - May 2025

Total Level of Effort:        up to 40 days

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

In the framework of Moldova’s Association Agenda with the European Union for 2021-2027, the Ministry of Economic Development and Digitalization (MoEDD) has committed to transposing European legislation related to export credits, thereby supporting Moldovan exporters in meeting the requirements for economic growth with a view to future EU accession.

This transposition represents a critical step in Moldova’s alignment with European Union standards and international economic integration. It aims to establish a coherent national framework that regulates key aspects of official support for export credits, credit insurance, and export guarantees.

By implementing these European acts, the Republic of Moldova will gain several strategic advantages. Improved transparency and accountability in managing export credits will foster greater confidence among investors and international partners. Furthermore, harmonizing national legislation with European regulations will facilitate Moldovan companies' access to both EU and international markets, removing trade barriers and reducing risks in external trade transactions.

In addition, these regulations will enable Moldova to actively participate in international export credit insurance and guarantee networks, promoting cross-border cooperation, export growth, and integration into global value chains. The implementation of these standards will also provide businesses with a predictable and reliable framework, which will drive economic growth and attract foreign direct investment.

In this context, MISRA will support the MoEDD in the transposition of the following European acts:

1. Regulation (EU) No 1233/2011 of the European Parliament and Council of 16 November 2011 on the application of certain guidelines in the field of officially supported export credits and repealing Council Decisions 2001/76/EC and 2001/77/EC;
2. Council Directive 98/29/EC of 7 May 1998 on harmonizing the main provisions concerning export credit insurance for transactions with medium and long-term cover;
3. Council Directive 84/568/EEC of 27 November 1984 concerning the reciprocal obligations of export credit insurance organizations;
4. Council Decision of 10 December 1982 on the rules applicable to export guarantees and finance for exports involving subcontracts with parties in other Member States of the European Communities or non-member countries (82/854/EEC);
5. Council Decision of 13 November 2006 on consultation and information procedures regarding credit insurance, credit guarantees, and financial credits (2006/789/EC).

For this activity, two experts will be contracted to support the transposition of European Union regulations on export credits into Moldova's national legal framework: one international export credit expert and one national legal expert (Consultant). Both experts will work in close cooperation to ensure the success of the transposition process. The international expert will provide strategic guidance and best practices, while the national legal expert will be responsible for the technical drafting and alignment with Moldovan laws.

Responsibilities and Tasks

The Consultant will be responsible for the following tasks:

• Work closely with the International Expert to ensure that their recommendations are accurately reflected in the new legal framework and that the transposition process is seamless.
• In collaboration with the International Expert, assess the feasibility and implications of integrating the EU acts into one consolidated law versus creating separate laws for each regulation, ensuring the best legislative approach is chosen for Moldova.
• Conduct a detailed review of the national legal framework to identify gaps and compliance/compatibility with the EU regulations.
• Based on the international expert's analysis and recommendations, draft new legislation or amend existing laws to transpose the EU acts related to export credits, credit insurance, and guarantees.
• Draft informative note, and other supportive documents, according to the Law 100/2017.
• Participate in consultations and discussions with the MoEDD, relevant Government authorities, including private sector and adjust the draft law(s) based on their comments and proposals.

Deliverables

The Consultant will produce the following deliverables:

1. Gap analysis of the current national legal framework and recommendations on legal adjustment, by March 15, 2025.
2. Draft law(s) transposing EU Acts and supportive documents, by May 30, 2025.
3. Final report summarizing the work completed, findings, and recommendations, using the MISRA template.

Skills and Qualifications

• Minimum of a Bachelor’s degree in Law, Finance or Economics.

• At least 5 years of professional legal experience, with a focus on legislative drafting, regulatory compliance, or economic and financial law.

• Previous experience in transposing EU directives or working on projects related to EU-Moldova legal alignment is highly desirable.

• Familiarity with legal issues related to export credits, credit insurance, and guarantees is a strong advantage.

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 a Cover letter at Moldovajobs@nathaninc.com. Please apply by December 19, 2024, with “National Legal Expert” in the subject line. This short-term position will remain open until filled.