International Legal Adviser (Commercial and Business) Ministry of Finance

República Democrática de Timor-Leste, Ministério das Finanças “Adeus Conflito, Bemvindo Desenvolvimento” Planning and Financial Management Capacity Building Program (PFMCBP) Terms of Reference Job Title: International Legal Adviser (Commercial and Business) Objectives: Provide guidance and legal assistance to the management and technical staff in the Ministry in formulating, implementing and prosecuting laws concerning commercial and business matters relating to public financial management in Timor Leste. Reporting to: Director General Corporate Services Senior Management Adviser, Corporate Services PFMCBP-PIU (for administration and contractual purposes) Counterpart staff: Ministry Legal Officers Duration: To 15th of November 2012 Location: Ministry of Finance, Dili, Timor-Leste I. Selection Criteria Technical competencies · A law degree and other relevant qualification demonstrating specialization in an area of commercial law, tax or revenue · At least 5 years post qualifying experience in the interpretation, application and prosecution of commercial and business law · Demonstrated experience in dispute resolution practices and procedures in a business and commercial context · Strong communication, writing and facilitation skills · Familiarity with public sector systems and processes, preferably in a civil law context · Fluent in English · Fluency in Portuguese and/or Tetum is essential · Knowledge of the legal system and legislative processes in Timor-Leste · Ability to establish and maintain effective partnerships and working relationships in a public sector environment Capacity-building competencies The selected candidate should be service oriented, disciplined, mature, honest, open, transparent, and able to maintain good working relationships with counterparts and other staff members, and have a strong professional work ethic. In addition, the candidate should have: a. A commitment to supporting Timorese staff to achieve the outcomes and objectives of the division/ministry; b. Ability to model the attitudes and behaviours required, including openness, teamwork, transparency, cooperation, communication, accountability and a customer service attitude; c. Flexible and responsive, disciplined and patient; d. Demonstrated ability to communicate ideas and analyses clearly and tactfully, both orally and in writing; e. Demonstrated ability to transfer skills and knowledge – previous staff development or teaching experience in a legal environment would be highly regarded; f. Demonstrated ability to adapt to challenges in the workplace, including finding creative solutions ; g. Familiarity with Timor-Leste and Timorese culture. II. Background The Planning and Financial Management Capacity Building Program (PFMCBP) aims to strengthen capacity in the Ministry of Finance for prudent, effective, and accountable planning and management of public finances to promote growth and poverty reduction. The Legal Adviser (Commercial and Business) will be expected to prepare legal briefs, drafts and options within the context of the standards and requirements of the Government of Timor Leste and assist in the preparation of policy drafts and guidelines to assist the officers involved in preparing public financial legislation. Funded by a grant from the International Development Association and a World Bank administered multi-donor trust fund (with contributions from AusAID, EC, Irish Aid, New Zealand and Norway), the PFMCBP is a coordinated program of targeted capacity building in planning and financial management. The Program started in late 2006 provides technical assistance to sustainably strengthen planning, budgeting, public expenditure management and revenue administration for growth and poverty reduction, with emphasis on efficiency, effectiveness, accountability, integrity, service culture, and transparency. After a successful five years of operation, the program has been extended to 30th November 2012. PFMCBP has assisted the Government of Timor-Leste take forward an important reform agenda. Key achievements include implementation of a major reorganization of the Ministry of Finance; strengthening public expenditure management through simplification and strengthening of treasury systems and processes, and increased delegation of authority to line ministries; complete overhaul of budgeting systems, documentation and financial management legislation; improved revenue management, including increased transparency in tax administration and reinforcing Petroleum Tax administration; and a gradual improvement in macroeconomic planning. There are important challenges ahead as the Ministry of Finance implements a strong reform program in a capacity constrained environment. PFMCBP itself has a challenge to build capacity and enable an increased transfer of responsibility to Timorese public servants. The Ministry of Finance is responsible for the strategic management of PFMCBP, through its Senior Management Committee chaired by the Minister of Finance. There is a dedicated Program Implementation Unit that is responsible for day-to-day program management and implementation which has been integrated into the Directorate General Corporate Services. A Supervisory Committee of donors to PFMCBP, also chaired by the Minister of Finance, provides regular oversight on program implementation and achievements. The World Bank is responsible for program supervision, to ensure it is aligned with agreed objectives and financing agreements. III. Duties and Responsibilities Advise and assist the ministry’s Legal Officers in the following areas: · Prepare legal briefs and opinions; · Advise staff of Ministry concerning business transactions, claim liability or legal rights and obligations. · Prepare and draft legal documents, such as, agreements, and contracts. · Confer with colleagues with specialties to coordinate legal work and ensure consistent treatment of legal matters; · Negotiate settlements in the determination and resolution of disputes in an efficient and effective manner; · Assist in briefing counsel and external legal bodies representing the Ministry on large, technical or complex legal matters · Assist in drafting policy and legislation relating to commercial and business activities · Ensure that legal information documents (rulings, guidelines, information brochures, contract pro-formas etc.) are up-to-date and accurately reflect changes or reforms · Assist National Directors and Ministry staff in reviewing the legal aspects and implications of operating procedures and user manuals · Ensure that all legal materials, guidelines and other written material are prepared and presented to users in the most appropriate manner having regard to language, access, culture and other relevant factors. Needs of Ministry legal and management personnel assessed and development programs initiated. This includes · Assess legal capacity of staff recruited to the Legal Unit · Prepare and agree training plans for nominated counterpart personnel (including content and means of delivery); · Provide assistance where required on delivering legal instruction on management development programs in the MoF · Train and mentor nominated counterparts in commercial and business law; · Assist in the recruitment of legal staff involved in commercial and business law, IV. Deliverables/Outcomes · Legal briefs and opinions which are accurate and reflects sound business practice · Legal materials, guidelines and other written material are prepared and presented to users in the most appropriate manner having regard to language, access, culture and other relevant factors · Training plans for nominated counterpart personnel are prepared; · Counterparts are trained and mentored in the preparation and delivery of their work; · Capacity development activities of other advisers in the Legal Unit are monitored and action taken where appropriate · A Work Plan developed within four weeks of commencement. · Quarterly Progress Reports to the Director-General, Corporate Services, the Senior Management Adviser (DGCS) and the Senior Program Manager PFMCBP, reporting against the agreed Work Plan · End of Assignment Report submitted to the Senior Management Adviser (Corporate Services) and Senior Program Manager - PFMCBP no later than 10 working days prior to the end of contract. V. Performance Evaluation Performance of the Legal Adviser (Commercial and Business) will be assessed by the Senior Management Adviser DGCS and Senior Program Manager PFMCBP in accordance with the performance review framework for advisors in place in the PFMCBP. There is a probation period of three months. Application procedure Please visit our website at www.mof.gov.tl and go to ‘Employment Opportunity’ to learn about our recruitment process and your application requirements including how to address the Selection Criteria in your application. Applications need to be sent to our Program Implementation Officer-PFMCBP at email address, pfmcbp@mof.gov.tl, no later than the Friday, 6th January 2012. Applications should include a covering letter and a detailed resume of no more than 7 pages. All applicants must also complete the Competency Framework Matrix below explaining how they have meet each requirement. We do not expect that you would just cut and paste from your resume but rather explain concisely and succinctly how you have met these competences, possibly providing brief examples etc. Only short-listed candidates will be contacted. Competency Framework for the Legislative Drafting Adviser Competencies Please describe how you meet these Competencies A law degree and other relevant qualification demonstrating specialization in an area of commercial law, tax or revenue At least 5 years post qualifying experience in the interpretation, application and prosecution of commercial and business law Demonstrated experience in dispute resolution practices and procedures in a business and commercial context Strong communication, writing and facilitation skills Familiarity with public sector systems and processes, preferably in a civil law context Fluent in English Fluency in Portuguese and/or Tetum is essential Knowledge of the legal system and legislative processes in Timor-Leste Ability to establish and maintain effective partnerships and working relationships in a public sector environment

Job Email id:

pfmcbp(at)mof.gov.tl