Review of policy, regulatory and contractual arrangements in the extractive and mineral processing industries for the East African Community
Reference: PX/EAC/04111
Location: UK with travel to East African Community region
Duration: 40 person days
Closing Date: 17 Apr 2012
Background
The Commonwealth Secretariat through the Economic and Legal Section (ELS) of the Special Advisory Services Division (SASD) is assisting the East Africa Community to formulate a programme of measures to facilitate and regulate the development of extractive and mineral processing industries.
The East African Community Secretariat (EACS) is an intergovernmental organisation of the East Africa Community (EAC) which consists of the following countries Uganda, Tanzania, Kenya, Burundi, and Rwanda. It is responsible for the development of policies and programmes aimed at widening and deepening cooperation among its member countries including in economic, political, research and technologies.
The EAC countries are known for their rich mineral resources potential ranging from gemstones to precious metals, base metals and industrial minerals. However, the exploration, extraction and development of these minerals has been limited and largely based upon production of mineral commodities for export without further processing to add value in the form of intermediate goods or final products.
The EAC’s regional efforts to promote and attract investment in the extractive and mineral processing industries has been wrought with numerous challenges, including lack of comprehensive information on the region’s mineral resource potential; inadequate capacity in respect of capital, skills and technology required for investment in these industries and weak regulatory frameworks and policies.
The EACS is seeking to promote the development of extractive mineral resources potential in the region by establishing an enabling environment to encourage investment in the extractive and mineral processing industries in the region.
In its Private Sector Development Strategy of 2006, the EAC has identified natural resources as one of its priority sectors, which has the potential for poverty reduction, intra-regional trade, and private sector investment. The strategy provides for the need to assess the available mineral resource potential in the region and use this information to promote both private sector and public-private partnership (PPP) investment in natural resources. Also, in its Industrialisation Policy of 2010, the EAC seeks to promote value added industries in the region that use abundant natural resources available in the region to promote linkages among industries within the EAC through diversification, specialisation and complementarities.
ELS is seeking to engage the services of a Consultant to review and provide advice on the required improvement to the existing policies, regulatory and contractual arrangements for investment in mineral exploration, development and production, as well as mineral processing industries in the EAC. The advisory services shall be provided in written form in consultant reports.
Tasks and Deliverables
The legal consultant will be required to perform the following tasks:
- Review the relevant documents to be made available by ELS including:
- existing policies, laws, regulations and agreements which pertain to the existing legal, regulatory and institutional framework for investment in the extractive and mineral processing industries with respect to each EAC country; and
- any other related documents as may be provided;
- In light of Task 1, carryout a diagnostic analysis and prepare a written report thereon on or before 30 May 2011 or a such later date as may be agreed between ELS and the EACS identifying the strengths and weaknesses of the existing legal, regulatory and institutional framework for investment in the extractive and mineral processing industries (a) with respect to each EAC country and (b) on a EAC regional basis;
- Based on the findings under Task 2, prepare a written report on or before 30 June 2011 or a such later date as may be agreed between ELS and the EACS proposing specific recommendations for improvements of the legal, regulatory and institutional framework for investment in the extractive and mineral processing industries.
- Effect revisions to consultant reports in light of views and comments expressed by ELS and EACS.
- Travel to Secretariat’s offices in London to participate in consultative meetings with ELS, and if necessary, to any EAC country, as part of an ELS team in connection with this assignment.Deliver consultant reports and any required written submissions to the satisfaction of the Secretariat on schedule.
- Carry out such other tasks related to the above as ELS may require.
Required technical expertise and professional experience
Consultant(s) should possess the following minimum qualifications and experience:
- At least 10 years’ experience in designing policies, legislative and contractual arrangements related to mineral exploration and development and mineral processing industries investment;
- Experience in legal research, analysis of legislation and working with contractual documents; and
- Demonstrable involvement and good understanding of issues and industry best practices relating to extractive and mineral and processing industries.
- Consultants can team up to cover the expertise required for undertaking the assignment. In such a case, there should be a lead consultant who will submit the proposal and assume delivery responsibility.
Fee and basis of payment
The Secretariat will offer a consultancy fee at a daily rate of £450 per day for a maximum of 40 person days upon the following payment terms:
- 20% of the consultancy fee after signature;
- 30% on submission of the first drafts of all reports to a standard deemed satisfactory to the Secretariat;
- 50% of the fees after completion of the work to the satisfaction of the Secretariat.
Download the Terms of Reference
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