Reference: PX/TAN/092
Location: Tanzania and United Kingdom
Duration: 8 weeks / 40 person days
Closing Date: 28 Apr 2011
Background
The Commonwealth Secretariat through the Economic and Legal Section “ELS” of the Special Advisory Services Division (SASD) is assisting the Government of the United Republic of Tanzania “the Government” to review and revise existing agreements commonly used in the mining sector.
In this regard, ELS is seeking to engage the services of an expert on mining agreements to revise the Model Development Agreement as provided for under the Tanzania Mining Act 2010.
Scope of Services
The Consultant will be required to:
- Review and consider such documents and legislation as may be provided by ELS in connection with the revision and preparation of the Model Development Agreement.
- Analyze, comment upon and/or critique the existing Model Development Agreement, preparing a written report thereon on or before 20 May 2011 or a such later date as may be agreed between ELS and the Government;
- Advise on technical and related matters associated with the revision and preparation of a Model Development Agreement, taking into consideration other applicable laws of Tanzania;
- Prepare drafts of a Model Development Mining Agreement, an Explanatory Memorandum and any documents related thereto that the Consultant may deem necessary in consultation with ELS and in accordance with any ELS drafting instructions, on or before 06 June 2011 or a such later date as may be agreed between ELS and the Government;
- Accept any directives from ELS on the legislative policy which underlies the drafting and preparation of a Model Development Agreement;
- Effect revisions to any of the consultant reports, documents, drafts of the Model Development Agreement and Explanatory Memorandum, in light of views and comments expressed by ELS and the Government;
- Travel to the Commonwealth Secretariat headquarters in London to participate in consultative meetings with ELS and if necessary, travel to Tanzania, as part of an ELS team to advise on the Model Development Agreement;
- Prepare and deliver the final draft of the Model Development Agreement and Explanatory Memorandum together with any other documents related thereto that the Consultant may deem necessary, to the satisfaction of ELS, on or before 14 June 2011 or such later date as may be agreed between ELS and the Government;
- Perform such other tasks as are reasonably related to this Terms of Reference, as ELS may require.
NB: Explanatory Memorandum means a written document in which there is a commentary and/or explanation on each of the provisions in the Model Development Agreement, including the rationale/ justification thereof.
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