Call for application for the recruitment of a legal expert in Governance of Business Support Organizations

Assignment Title:       Legal Expert- BSO Governance

Contract Type:             Delivery

Start Date:                     1^st July 2021

End Date:                       10 September 2021

Deadline for applications:       18^th June 2021

Application process

1. Create and fill your profile on ITC’s consultant’s roster: http://bit.ly/ITC_consultant_roster

Only applicants that have completed their profile in the roster will be considered.

2. Send your letter of motivation, curriculum vitae and cost proposal to: chevalley@intracen.org

*Only shortlisted candidates will be contacted.

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Background:

The International Trade Centre (ITC) is a joint agency of the United Nations and the World Trade Organization, whose mandate includes assisting developing and transition economies to take advantage of expanding trade opportunities in an increasingly complex global environment. ITC supports export impact for good, promoting sustainable and inclusive development goals through trade, targeting SMEs, Trade Support Institutions and Policy Makers.

ITC in partnership with the Commission of the Economic Community of West African States (ECOWAS) is implementing components of the West Africa Competitiveness Programme (WACOMP). WACOMP is financed by the European Union, under the 11th European Development Fund. The program aims to strengthen competitiveness of West African countries and enhance their integration into the regional and international trading system. The overall objective of the Programme is “to strengthen the competitiveness of West Africa through an enhanced level of production, transformation and export capacities of the private sectors in line with the regional and national industrial and SME strategies”.

As part of the WACOMP project, ITC is providing capacity building support to the Federation of West Africa Chambers of Commerce and Industry (FEWACCI) under Output 1.3 “Better regional linkages among selected value chain actors are promoted and key regional intermediary organizations are supported”. Specifically, Activity 1.3.5 of the programme aims at “Improving and expanding need driven, service delivery of Business Support Organisations (BSOs), regional agencies & intermediate organizations with a regional focus on selected sector organizations and encouraging the development of business models in the priority sectors”.

The Federation of West Africa Chambers of Commerce and Industry ( https://fewacci.com/) is a regional Chamber formed in 1976. The organisation has fifteen (15) members, comprising National Chambers of Commerce of respective ECOWAS states. FEWACCI is registered as a Company Limited by Guarantee under the Companies and Allied Matters Act of Nigeria 1990. The FEWACCI Articles of Association require updating in order to enable the organisation respond to emerging governance needs of its members. Furthermore, FEWACCI seeks to adjust its registration in line with its regional status. ITC seeks the services of a Legal Expert to work with FEWACCI Leadership, Members and Secretariat, and with ITC and ECOWAS experts to consolidate new Governance Instruments, building upon existing materials.

Assignment Duties

Under the overall supervision of the Chief, Institutions and Ecosystems Section, and under the direct technical guidance of the Senior Programme Officer- Institutional Strengthening, the Legal Expert will execute the following duties:

Phase 1

Provide advisory services and recommendations to FEWACCI Leadership and Members regarding the current legal registration status of the organisation and actions that may be required to enable it to adjust its legal registration to attain recognition as a regional organisation.

1. This will include delivery of a legal brief illustrating the necessary technical analysis including alternative courses of action and recommendations to be considered by FEWACCI;
2. In addition to bilateral and other consultations, the expert will facilitate a consultative meeting for FEWACCI leaders and members to enable the organisation to make an appropriate decision regarding their legal registration.

Phase 2

• Analyse the existing Governance Instruments of FEWACCI to highlight key changes that need to be made based on the specific needs of FEWACCI, as well as alignment to the choice of legal status decided upon by FEWACCI during Phase 1 of the assignment. This will also consider any aspects relating to the provisions of the Nigerian Companies and Allied Matters Act of Nigeria 2020 any other relevant provisions of the Constitution of Nigeria, as well as relevant decisions from ECOWAS Authorities relating to FEWACCI;
• Work with the FEWACCI sub-structures to consolidate the draft updated Governance Instruments for submission to the FEWACCI Executive;
• Work with the FEWACCI Executive to facilitate the necessary inputs of members, approval, and adoption of the Governance Instruments, and prepare for submission to a Special General Meeting of the organization;
• Work with the FEWACCI Executive and FEWACCI Members to facilitate consideration, approval, and adoption of the Governance Instruments by the Special General Meeting;
• Provide the FEWACCI Executive with legal guidance and advice, to enable effective, informed deliberation and decision making on the provisions of the Governance Instruments. In conducting these duties, the Expert will recommend provisions which ensure that the new FEWACCI Governance Instruments are:

1. 1. In accordance with relevant sections of applicable legislation;
   2. Aligned, as applicable, with national legislation relevant for chambers of commerce enabling rendering of services to members
   3. Functional and responsive to the specific needs of the FEWACCI and its members;
   4. Promote good governance and an open, credible, legitimate and transparent organization.
      • The Legal Expert will take into consideration previous analysis and material prepared by ITC and FEWACCI in relation to organisational development and review process. The materials will be made available to the Legal Expert by the two organizations;
      • Provide recommendations and advice regarding the relevant official process required for submission of the new FEWACCI Governance Instruments to the relevant authority;
      • During this process, the consultant will by all practicable means, including convening of consultative meetings, collect and incorporate the views of members of the FEWACCI assigned organizational structures, the FEWACCI Executive, and ordinary members of FEWACCI, in a manner that ensures full participation, equity, transparency and consensus. Appropriate measures will be taken to convene virtual meetings where face to face engagement is not possible due to COVID-19 Pandemic related measures

Audit

The Expert is obliged to provide full access to ITC external and internal auditors to documents and information related to this assignment. In addition, the consultant shall comply with any audit undertaken in line with the financial regulations and rules of the United Nations. The consultant will also be expected to provide relevant information to future evaluators of the WACOMP project.

Copyright clause

The consultant has to ensure that s/he has obtained the necessary permissions with regard to intellectual property rights required to perform his/her services under this consultancy contract and for the subsequent dissemination by ITC in any form. Documentary proof is to be submitted to ITC. Should any license fee be due for the use of copyrighted materials of third parties, the consultant shall request the prior written permission from ITC.

Outputs and timelines:

Remuneration

Fees are subject to the national income taxes, where applicable. If the contract is to be issued in a currency other than USD, the UN exchange rate on the date of the contract issuance will be applicable.

Qualifications

1. Advanced Degree in Law
2. The candidate must be a member of the Bar of member state of ECOWAS.
3. An advanced university degree in economics, business, international trade, development, or related field will be an added advantage.

Experience

1. At least 10 years legal practicing experience;
2. A good grounding in corporate law;
3. In depth knowledge and understanding of the ECOWAS economy and business environment;
4. In depth knowledge and understanding of Chambers of Commerce and Industry activities
5. Experience in the role of Company Secretary will be an added advantage;

Skills

1. Strong research skills, analytical thinking, specifically legal analysis;
2. Interviewing skills, strong perception and ability to facilitate convergence within large groups;
3. In depth understanding of good corporate governance.

Language

English and French: advanced skills in writing and speaking one, with working knowledge of the other.

Remuneration: Based on UN rates for Consultancy Assignments.

Please note that you should not take any action unless you are selected to conduct the assignment, receive a contract from Human Resources, and return it signed. ITC will not be responsible for any expenses you may incur, nor accept responsibility for the consequences of any action you may take in disregarding this advice. Please note that ITC does not charge for any aspect of its recruitment process.