Job Description
Investment Contracts Expert (Extractive industries – Natural Resources) Attorney General Chambers, Dar Es Salaam, TanzaniaClosing Date: Wednesday, 20 April 2011
United Nations Development Programme
Plot 134-140, Kings Way/Mafinga Street (off Kinondoni Road)
Dar-es-Salaam
Tel: (255-22) 266 80000/ 219 9200
Fax: (255-22) 266 8749
Capacity development;
Change Management;
Conflict Resolution;
Effectiveness;
Government Departments;
Investment Agreements;
Knowledge Management;
Laws and Regulations;
Natural Resources;
Project Management;
Resource Mobilization;
Training Programmes
Background
The Government of the United Republic of Tanzania is seeking to improve and sustain local capacity for negotiating and drafting contracts and strengthen the legal framework for managing natural resources. The Government has subsequently requested United Nations assistance to provide a package of interventions to (1) build and sustain capacity for negotiating and drafting contracts and (2) review and strengthen the legal and regulatory framework for natural resource management that increases local benefits. The Government's initiative comes against the background of increasing volume of contracts with foreign investors in the expanding extractive industry and utilities sectors and concerns about unfair and inequitable contracting modalities. Acknowledging that poorly conceived and executed contracts not only deny the country the deserved full benefits but also induce poverty, corruption and even conflicts, particularly when good governance systems are inadequate, the Government is determined to building the local capacity for negotiating and drafting contracts and ensuring efficient and effective management of resource exploitation. This due to the recognition that the current local framework does not adequately meet international best practices in resource extraction and management, the Government is determined to improve the legal framework.
As part of the implementation of the above initiatives, the Attorney General Chamber (AGC) now intends to recruit a consultant to provide technical advice and assist in developing capacity of staff at the ACG in matters pertaining to drafting and negotiating large scale investment contracts. He/she will be expected to work closely with the ACG team to ensure that Tanzania's interests are adequately secured in investment contracts that are negotiated and, to the extent possible he/she will endeavor to pass on to the ACG team requisite hands – on skills and techniques of drafting and reviewing complex investment issues in contracts.
Application Deadline
2011-04-20Job Details
Duties and ResponsibilitiesUnder the overall guidance and direction of the Deputy Attorney General, coordinating with other Government departments and working closely with the UNDP Country Office, the Consultant will be required, inter- alia, to:
* Review the legal and regulatory framework for the exploitation and management of natural resources in Tanzania and recommend measures to improve efficiency and establish good governance systems of transparency and accountability.
* Provide hands- on training, advice and support in contract negotiations and drafting for the Mining, Petroleum, Gas, uranium and Utilities (electricity, water, telephone) sectors.
* Provide such other advice and support related to Tanzania's drafting, negotiation and administering of natural resource projects and related investment agreements as may be request by the DAG or his designee.
* Examine the feasibility of establishing a Resource Center for Contract Negotiations, Regulation and Management in partnership with national research agency or similar agency/ies;
* Draft a results-based project document for sustained support to capacity development for contracts negotiation/drafting in consultation with key stakeholders
* Support Government and UNDP resource mobilization for these activities.
All work will be done under the general supervision of the Deputy Attorney General, or his designee and, in close collaboration with National Project Coordinator with input from UNDP.
Specific Responsibilities/Deliverables
* Guide AGC team in reviewing legal and regulatory framework for contracts and resources exploitation
* Draft a model production sharing agreement for large scale investments in uranium,
* A project document on 'Enhancement of Tanzania Capacity to Negotiate, Regulate and Manage Large- scale Investment Contracts' aligned with national priorities and the UN/UNDP guiding framework
Impact of Results
The expected overall impact of the mentioned results will complement skills and knowledge base in the AG Chambers and elsewhere in Government in matters related to investment contracts. This will be demonstrated through higher quality, better informed and objective legal advice and opinions produced by the AGC, government contracts negotiated that are observant of national interest and international best practices, models or template of contracts and agreements for specific sectors that comply with Government policy and Tanzania law and, meet international practices and industry norms and, new or amended laws and regulations that improve the legal and regulatory framework for exploiting, negotiating and managing natural resource projects.
Competencies
Corporate Competencies:
* Demonstrates integrity by modeling the UN's values and ethical standards
* Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability
* Treats all people fairly without favoritism
Functional Competencies:
Knowledge Management and Learning
* Promotes a knowledge sharing and learning culture
* Ability to impart relevant skills and technical knowledge to the AGC team and beyond
* Greater knowledge in large scale investment contracts and negotiation
* Ability to advocate, and provide policy advice
Development and Operational Effectiveness
* Ability to lead strategic planning, results orientation and reporting
* Ability to lead champion professional integrity, and affect staff behavioral/attitudinal change
Management and Leadership
* Focuses on impact and result for the client and responds positively to feedback
* Leads team effectively and shows conflict resolution skills
* Consistently approaches work with energy and a positive, constructive attitude
* Demonstrates strong oral and written communication skills
* Demonstrates strong management and networking skills in order to build strong relationships with clients and external actors
* Remains calm, in control and good humored even under pressure
* Demonstrates openness to change and ability to manage complexities
Required Skills and Experience
Education:
* A minimum requirement is a Master's Degree in Law (LL.M) from a recognized university. An additional Master's Degree in Business or Economics with experience in negotiating and managing large-scale investment contract and natural resource projects is preferred.
Experience:
* At least seven years of proven experience with demonstrable practical work in areas of investment contracting in natural resources; especially from countries with significant natural resources based investment contracts and activities;
* Demonstrated expertise in the design and delivery of modern legal training programmes in the area of contract negotiation and drafting;
* Demonstrated expertise in reviewing legal and regulatory frameworks of the extractive, energy and utility sectors;
* Proven knowledge and experience in the Extractive and Energy sectors;
* Project management and formulation experience
* Cultural awareness and sensitivity to highly politicized environment;
* Understanding of the Tanzanian legal system will be an advantage;
* Good report writing skills.
Language requirements:
* Fluency in English is essential and knowledge in Kiswahili will be an added advantage.
UNDP is committed to achieving workforce diversity in terms of gender, nationality and culture. Individuals from minority groups, indigenous groups and persons with disabilities are equally encouraged to apply. All applications will be treated with the strictest confidence.
Please note:
THE UNITED NATIONS DOES NOT CHARGE A FEE AT ANY STAGE OF THE RECRUITMENT PROCESS (APPLICATION, INTERVIEW MEETING, PROCESSING, TRAINING OR ANY OTHER FEES).
THE UNITED NATIONS DOES NOT CONCERN ITSELF WITH INFORMATION ON BANK ACCOUNTS.
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