USAID MISRA is looking for a Legal Consultant
SCOPE OF WORK
Position: Legal Consultant (further Consultant)
Program: USAID Moldova Institutional and Structural Reforms Activity (MISRA)
Location: Chisinau, Moldova
Period of Performance: February – April 2025
Total Level of Effort: up to 35 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 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.
The main objective of the Component 1I Objective: Improved public governance framework of trade, business environment and investment enabling sectors. MISRA will support structural reforms of the GOM’s regulatory and operational practices to improve trade and the business environment for job creation, investment, sustainable growth and to pursue a quick economic recovery.
Overview
In September 2023, new provisions of the Competition Law came into effect. The modification of the Competition Law was carried out to implement the international commitments assumed by the Republic of Moldova in the context of obtaining candidate country status for joining the European Union and the Association Program between the European Union and the Republic of Moldova 2021-2027.
The new provisions of the Competition Law include the rights and obligations of the Competition Council during inspections. In alignment with EU Directive 2019/1, the CC has the right to conduct inspections at any enterprise, association of enterprises, or public authority as required. The new provisions clarify the rules to ensure collection of evidence, and to allow the use of various IT tools, specialized equipment, and software for identifying, collecting, and retrieving relevant information during inspections. These new provisions will contribute to raising the level of competition culture in Moldova, and bring more clarity and certainty, both in terms of market competition – thus promoting a fairer and more predictable business environment – and trust between businesses and the CC.
The Guide on Inspections will provide businesses and state authorities with a clear framework to navigate these inspections. The guide will propose a set of essential measures to ensure that companies and authorities handle inspections appropriately, including the proper conduct for staff, the steps to follow during an inspection, and a set of "do's" and "don'ts" that will help them comply with the CC’s requirements.
The Guide on Inspections is expected to cover practical aspects such as:
- The right behavior and cooperation required from personnel during an inspection.
- A clear understanding of the steps to follow if an inspection occurs, including how to interact with inspectors.
- Advice on what should be done (and avoid doing) to minimize risks during an inspection and avoid potential violations.
By focusing on preventive measures and promoting awareness of the rights and responsibilities of businesses during these inspections, the new provisions of the Competition Law will not only enhance Moldova’s compliance with EU standards but will also foster a healthier and more competitive market environment in the country.
Tasks
The Consultant will be responsible for carrying-out the following tasks:
Task 1. Structure of the Guide on Inspections with short overview of each chapter:
The structure should ensure that all relevant aspects of an inspection (e.g., rights, obligations, procedures, best practices, legal consequences) are addressed in an organized and accessible way.
The structure should have a logical sequence that takes the reader step-by-step through the inspection process—from understanding the CC’s powers to the actions businesses and state authorities should take before, during, and after an inspection. The Consultant should consider adding user friendliness approaches such as: checklists, real life examples to illustrate points in a clear manner.
Task 2. Elaborate Draft of the Guide on Inspections and submit it for review and feedback to the CC:
The draft should contain detailed content for each section, ensuring that each topic is covered comprehensively and in accordance with Moldova’s Competition Law and EU standards. The Consultant should ensure clarity of language, providing definitions and explanations for legal terms and technical jargon to make the guide accessible to a broad range of public. Also, the draft should include practical tips, examples, and case studies where relevant to help businesses understand how to apply the guidelines in real-life scenarios.
Task 3. Elaborate the final draft of the Guide and coordinate it with the CC: Following the review of the Guide from the CC, the Consultant will incorporate their feedback and ensure any required adjustments related to language, content, and structure where necessary. This feedback loop ensures that the final Guide on Inspections is fully aligned with the CC’s objectives and legal requirements.
Deliverables
The following deliverables will be developed in coordination with MISRA and the CC:
- Structure of the Guide on Inspections: The outline and framework for the Guide, ensuring that all relevant sections are consulted, and the content is organized logically and user-friendly.
- Draft of the Guide on Inspections elaborated and submitted for review and feedback to the CC: The first complete version of the guide, submitted for review and feedback to the Competition Council, with space for revisions based on their input.
- Guide on Inspections elaborated and coordinated with the CC: The final version of the guide, incorporating feedback from the Competition Council, and officially approved for publication and dissemination to businesses.
Supervisory Responsibilities and Reporting
The Consultant will report to the Deputy Chief of Party / Lead of Component 2 and the Institutional and Structural Reforms Coordinator.
Skills and Qualifications
- A Bachelor’s or preferably Master’s degree in law, economics, public policy, or a related field, preferably with a specialization in competition law, regulatory compliance, or antitrust.
- Minimum of 5 years of experience in competition law enforcement, compliance, or regulatory inspections.
- Prior experience in developing procedural guides, manuals, or toolkits for regulatory bodies or similar authorities will be an asset.
- Ability to translate complex legal procedures and technical requirements into user-friendly language will be an asset.
- Effective communication skills to engage with stakeholders and ensure the guide aligns with the operational needs of the Competition Council.
- Solid verbal, written and presentation skills, coupled with a strong technical mindset.
How to Apply
We welcome your CV and preferably a Cover letter at Moldovajobs@nathaninc.com. Please apply by December 19, 2024, with “Legal Consultant” in the subject line. This short-term position will remain open until filled.
