Project Description
With the crisis in Ukraine in 2016, commercial banks provided very limited support to the private sector. This gave the European Bank for Reconstruction and Development (the “EBRD” or the “Bank”) an even stronger mandate to step in and support key agribusinesses. The EBRD’s projects include working with companies that have a high impact on the local economy – (1) by locally sourcing their products, strengthen backward linkages with suppliers along the value chain and promote market expansion (e.g. dairy sector); (2) provide employment opportunities (e.g. large agribusiness processors, farming and retailers) and (3) reduce the environmental footprint of their resource use (land, water, energy) and emissions.
It has been estimated that the EBRD’s clients in the Ukraine's agribusiness sector account for around EUR 12 billion of gross production, employ around 200,000 people, generate almost half of Ukraine’s agri-food exports, and are a source of hard currency in times when the country needs it most. The Japan-EBRD Cooperation Fund agreed to support on-going and future EBRD agribusiness operations in Ukraine, and help pave the way for new investments in the country by funding environmental and legal due diligence, visibility actions, and a Programme Manager to coordinate activities.
Legal Due Diligence The Consultant will conduct a legal review of a client's corporate documents and material contracts impacting the potential banking operation, as well as key licences and permits, and in particular:
1. Preparation and negotiation of term sheets
2. Analysis of structural aspects of the proposed transactions
3. Drafting and negotiating legal agreements
4. Execution and monitoring of security arrangements
5. Assistance with the resolution of any legal issues related to the proposed transactions
6. Review of local company’s legal documents, material contracts and permits.
The majority of work will be done by lawyers specializing in international banking practice and in particular English law, specifically for points 1-5. The expertise of local lawyers specific to the Ukrainian jurisdiction will be required for the smaller portion
of each due diligence, specifically for point 6.
Environmental Due Diligence - The Consultant will assess each banking operation to determine the way in which potential environmental, social, health and safety, and animal welfare impacts and associated financial, legal and reputational risks should be addressed in the project planning, implementation and operation. Each project under the Programme will:
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Follow the robust and through procedures of the Bank when considering new investments, both in terms of sound banking principles as well as its legal and environmental policies;
- Involve the Agribusiness department in London HQ and Kiev resident office, as well as the legal and environmental departments of the EBRD.
Any competitive selections for business opportunities relating to this project will be published on the EBRD's website: Consultancy Procurement Opportunities.
General enquiries
EBRD project enquiries not related to procurement:
Tel: +44 20 7338 7168
Email: projectenquiries@ebrd.com
Access to Information Policy (AIP)
The AIP sets out how the EBRD discloses information and consults with its stakeholders so as to promote better awareness and understanding of its strategies, policies and operations following its entry into force on 1 January 2020. Please visit the Access to Information Policy page to find out what information is available from the EBRD website.
Specific requests for information can be made using the EBRD Enquiries form
Independent Project Accountability Mechanism (IPAM)
If efforts to address environmental, social or public disclosure concerns with the Client or the Bank are unsuccessful (e.g. through the Client’s Project-level grievance mechanism or through direct engagement with Bank management), individuals and organisations may seek to address their concerns through the EBRD’s Independent Project Accountability Mechanism (IPAM).
IPAM independently reviews Project issues that are believed to have caused (or to be likely to cause) harm. The purpose of the Mechanism is: to support dialogue between Project stakeholders to resolve environmental, social and public disclosure issues; to determine whether the Bank has complied with its Environmental and Social Policy or Project-specific provisions of its Access to Information Policy; and where applicable, to address any existing non-compliance with these policies, while preventing future non-compliance by the Bank.
Please visit the Independent Project Accountability Mechanism webpage to find out more about IPAM and its mandate; how to submit a Request for review; or contact IPAM via email ipam@ebrd.com to get guidance and more information on IPAM and how to submit a request.
