The European Bank for Reconstruction and Development's ("EBRD2 or the "Bank") strategy for Georgia is focused on the sustainable development of the private sector. The Bank's private-sector oriented operational framework is believed to play a pivotal role in promoting greater efficiency, innovation, competitiveness and improved corporate governance. Effective public/private dialogue and communication is therefore of great importance for private sector development, as it can steer and encourage needed reforms by the government, whilst providing government in turn with support from the private sector.
The Bank has launched the "Investment Climate and Governance Initiative" ("ICGI") to revitalise economic transition in a number of countries, including Georgia. Within the framework of the ICGI, the Bank has developed a number of instruments which seek to improve policy dialogue between the public and private sectors with the ultimate goal of strengthening the investment climate, enhancing dispute resolution mechanisms, improving the relevant legal framework and enhancing good governance within the private sector. The Bank has prioritised the establishment of Investment Councils (the "Councils") to facilitate dialogue on investment climate between the private sector and governments.
In April 2015 the Bank and the Government of Georgia signed a "Memorandum of Understanding" ("MoU") to support the Investors Council of Georgia. The Investors Council of Georgia is established as an independent body to facilitate a structured and effective dialogue between the private sector and the Georgian authorities. The Investors Council will ensure that the Government is made aware of the structural and legislative problems that the businesses face in Georgia, and will provide constant and vigilant follow up to ensure the efficient resolution of such problems.
The EBRD has recently engaged a Head of Secretariat and now requires the services of other professionals to form part of a team. Specifically, the EBRD is seeking to engage a legal expert (the "Legal Expert" or the "Consultant") for the Secretariat (the "assignment"). Currently the Bank envisages supporting the operations of the Secretariat for two years. The Bank will closely review the progress in the country and will make adjustments, where possible, in order to ensure the effective functioning of the Investors Council.
The Legal Expert will work under the direct supervision of the Head of Secretariat.
The tasks of the Legal Expert will include, inter alia, the following:
- Review the current legislation in the area of private sector development and make practical recommendations (based on private sector concerns) in terms of regulations, institutional improvement, and/or structures to be created and/or reinforced aimed to improve the business climate in general and fostering investment (foreign and domestic);
- Consult with the EBRD’s experts and seek the feedback of relevant authorities/bodies, the private sector, as well as international financial institutions and other donor organisations;
- Review claims presented by the private sector players and provide analysis to the Investors Council members for action;
- In collaboration with Investment Council’s members, suggest and assist in preparing the agenda, including ensuring that appropriate topics are addressed and documentation is provided, to be discussed at Investors Council meetings and its working groups;
- Following instructions from the Investment Council, make sure that reports and analysis are prepared in time, including recommendations to be submitted to the Council;
- Assist in preparing minutes of Investors Council meetings and, based on the recommendation of the Investors Council, identify areas to be addressed and create working groups for these areas;
- Present the conclusions and recommendations of the Investors Council and/or its working groups to relevant government bodies, private sector representatives and the EBRD;
- Prepare and submit legal opinions for drafting laws, regulations and decrees;
- Assist in steering the process and managing the day-to-day operations of Investors Council starting from inception to the end of the assignment period;
- Help in summarising the achievements of the Secretariat in annual reports to the Bank copied to the relevant government bodies and private sector involved in the process.
Assignment Start Date and Duration: The assignment is expected to start around on the beginning of November 2015 and last for one year with a possible extension of up to a further one year, subject to satisfactory performance of the consultant and business needs. Note that this is a full time-role and the Consultant is expected to be resident in the country.
Value Added Tax (VAT):
The Consultant must determine whether any VAT would be chargeable on the services and the basis for that determination, without taking into consideration the Bank’s special status as an International Financial Institution and state this to the Bank in their response to this notification. To the extent that a consultant incurs input VAT on goods and services purchased in connection with the provision of services (eg VAT on airline ticket) which is not otherwise recoverable by the Consultant from the local tax authority, the gross cost to the Consultant of such expenses shall treated as a reimbursable expense.
Funding Source: The contract will be financed through a bilateral donor and/or the EBRD Shareholder Special Fund.
Eligibility: There are no eligibility restrictions
Consultant Profile: An individual is sought. Firms may propose candidates but the evaluation will be based on the skills and experience of the individual and not the firm.
Candidates should have the following qualifications and expertise:
- A law degree or equivalent legal qualification
- At least 3 years of relevant work experience at senior level, preferably both in the public and private sectors
- Fluency in written and spoken Georgian and English is a key requirement
In addition, the successful candidate should have the following personal characteristics:
- good understanding of the process of legal reform in Georgia
- analytical skills, with the ability to interpret and report on complex issues
- ability to interact effectively with senior officials in government and the business community
- ability to work effectively in a team
- ability to prioritise and work under the pressure of deadlines.
Submission Requirements: In order to determine the capability and experience of candidates seeking to be selected for this assignment, the information submitted should include the following:
1. Cover letter (maximum 2 pages) summarising how he/she satisfies the requirements as defined above under Consultant Profile;
2. CV which should be detailed and include full descriptions of roles responsibilities carried out;
3. Completed Consultant Declaration Form and Contact Sheet, the template for which is available from the following web-link:
Responses to the notification are to be submitted in English, by email to the contact person given below no later than the closing date. Please title your email "Georgia Investors Council: Legal Expert"
Up to 6 candidates will be invited to interview in Georgia before an evaluation committee envisaged to comprise two representatives from the EBRD and the Head of Secretariat.
EBRD's Contact Person:
European Bank for Reconstruction and Development
Tel: + 44 20 7338 6363
Note: Selection and contracting will normally be made from responses to this notification. The Consultant will be selected from a shortlist, subject to availability of funding.