Background

The Government of the United Republic of Tanzania is seeking to improve and sustain local capacity for negotiating and drafting contracts and strengthen the legal framework for managing natural resources. The Government has subsequently requested United Nations assistance to provide a package of interventions to (1) build and sustain capacity for negotiating and drafting contracts and (2) review and strengthen the legal and regulatory framework for natural resource management that increases local benefits. The Government’s initiative comes against the background of increasing volume of contracts with foreign investors in the expanding extractive industry and utilities sectors and concerns about unfair and inequitable contracting modalities. Acknowledging that poorly conceived and executed contracts not only deny the country the deserved full benefits but also induce poverty, corruption and even conflicts, particularly when good governance systems are inadequate, the Government is determined to building the local capacity for negotiating and drafting contracts and ensuring efficient and effective management of resource exploitation. This due to the recognition that the current local framework does not adequately meet international best practices in resource extraction and management, the Government is determined to improve the legal framework.
 
As part of the implementation of the above initiatives, the Attorney General Chamber (AGC) now intends to recruit an international Capacity Building Adviser to advise the Attorney General Chambers and assist in developing capacity of staff at the ACG in matters pertaining to drafting and negotiating large scale investment contracts. He/she will be expected to work closely with the ACG team to ensure that Tanzania’s interests are adequately secured in investment contracts that are negotiated and, to the extent possible he/she will endeavor to pass on to the ACG team requisite hands-on skills and techniques of drafting and reviewing complex investment issues in contracts.

Duties and Responsibilities

General Responsibilities:
 
Working within the Attorney General Chamber’s Offices, under the supervision of the UNDP Deputy Country Director (Programme), the Capacity Building Adviser will provide direct technical assistance and advisory support to the activities of drafting, negotiating, and reviewing investment related contracts. The overall responsibilities will include to:
 
  1. Review the legal and regulatory framework for the exploitation and management of natural resources in Tanzania and recommend measures to improve efficiency and establish good governance systems of transparency and accountability.
  2. Design and support implementation of  a comprehensive Capacity Development programme for contracts Negotiation and Drafting for the Directorate of Civil and International Law and other relevant government Stakeholders.
  3. Provide in-house group Training for the AGC staff and where appropriate including key government stakeholder institutions which sit on the Government Negotiation Teams;
  4. Provide hands- on training, advice and support in contract negotiations and drafting for the Mining, Petroleum, Gas, uranium and Utilities (electricity, water, telephone) sectors.
  5. Provide such other advice and support related to Tanzania’s drafting, negotiation and administering of natural resource projects and related investment agreements as may be request by the DAG or his designee.
 
All work will be done under the guidance of the Deputy Attorney General, or his designee and, in close collaboration with National Project Coordinator with technical assistance and input from the UNDP Project as requested by the AGC and appropriate.
 
Specific Responsibilities
 
  1. Assess existing laws and regulations:
  2. Review the legal and regulatory framework for contracts and resources exploitation and management. Conduct interviews with key stakeholders and focus/expert group discussions to obtain inputs and expert opinion that would add value on his recommendations a good and conducive governance of the natural resources sector. The draft report will be submitted to stakeholders’ validation conference/ workshop;
  3. Design and conduct tailored practical hands- on training in areas identified by the AGC for selected AGC staff and/or staff from MDAs;
  4. Identify and advise the Deputy Attorney General on areas that require capacity building that may not be within his/her area of expertise which require external sourcing;
  5. As requested by the Deputy Attorney General and in close coordination with the National Project Coordinator, provide strategic advice and support to the AGC on matters related to Tanzania’s drafting, negotiation and administering of natural resource projects and, other large-scale investment agreements as required;
  6. In close collaboration with the National Project Coordinator, participate in, and provide technical leadership to the preparation of strategic and operational plans as well as technical training, workshops and other capacity building Project activities designed to achieve the objectives of the Project in Tanzania; and
  7. Prepare monthly activity reports for submission to the National Project Coordinator and the UNDP Project Board and contribute to the production of the Regional Project's quarterly, annual, donor reports and other reports as appropriate and required.

Impact of Results

  • Improved skills and knowledge base in the AG Chambers and elsewhere in Government for government contract negotiation;
  • Higher Quality, better informed and objective legal advice and opinions produced by the AGC;
  • Government contracts negotiated that are observant of national interest and international best practices;
  • Models or template of contracts and agreements for specific sectors that comply with Government policy and Tanzania law and, meet international practices and industry norms; and,
  • New or amended laws and regulations that improve the legal and regulatory framework for exploiting, negotiating and managing natural resource projects.

Competencies

Corporate Competencies:
  • Demonstrates integrity by modeling the UN’s values and ethical standards
  • Promotes the vision, mission, and strategic goals of UNDP
  • Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability
  • Treats all people fairly without favoritism
 
Functional Competencies:
Knowledge Management and Learning
  • Promotes a knowledge sharing and learning culture
  • Ability to impart relevant skills and technical knowledge to the AGC team and beyond
  • Greater knowledge in large scale investment contracts and negotiation
  • Ability to advocate, and provide policy advice
 Development and Operational Effectiveness
  • Ability to lead strategic planning, results orientation and reporting
  • Ability to lead champion professional integrity, and affect staff behavioral/attitudinal change
 Management and Leadership
  • Focuses on impact and result for the client and responds positively to feedback
  • Leads team effectively and shows conflict resolution skills
  • Consistently approaches work with energy and a positive, constructive attitude
  • Demonstrates strong oral and written communication skills
  • Demonstrates strong management and networking skills in order to build strong relationships with clients and external actors
  • Remains calm, in control and good humored even under pressure
  • Demonstrates openness to change and ability to manage complexities

Required Skills and Experience

  • A minimum requirement is an advanced law degree from a recognized university. An additional master’s level degree in business or economics with experience in negotiating and managing large-scale investment contract and natural resource projects is preferred ;
  • At least ten years of proven experience with demonstrable practical work in areas of investment contracting in natural resources; especially from countries with significant natural resources based investment contracts and activities;
  • Demonstrated expertise in the design and delivery of modern legal training programmes in the area of contract negotiation and drafting;
  • Demonstrated expertise in reviewing legal and regulatory frameworks of the extractive, energy and utility sectors;
  • Proven knowledge and experience in the Extractive and Energy sectors;
  • Good understanding of approaches to capacity development in a developing country context, prior work experience from Sub-Saharan Africa an advantage;
  • Cultural awareness and sensitivity to a highly politicized environment;
  • Understanding of the Tanzanian legal system will be an advantage;
  • Excellent writing and presentation skills.
  • Fluency in English is essential and knowledge in Kiswahili will be an added advantage.