7.02.2018
The National Agency of Investment and Privatization announces a tender for the provision of services for the development of the National Strategy for attracting foreign investment (hereinafter referred to as the "FDI Strategy") and invites individual experts to participate in the competition.
The FDI Strategy will be developed within the framework of the international technical assistance project "Support for Privatization", registered by the Ministry of Economy under number 2/11/000466 of 28 April 2011 (Grant of the Austrian Trust Fund TF098603).
For the purpose of developing the FDI Strategy, an individual expert (hereinafter referred to as the Legal Expert, the FDI Legal Expert) upon the competitive selection will receive the terms of reference for the services of the Legal Expert to develop the FDI Strategy. The Legal Expert will be invited to negotiate a contract.
The Legal Expert will be responsible for:
• analysis and research in the following areas:
‒ Conditions for Investment Sectors – transparency and easiness to ascertain; frequency of changes; impact of bilateral agreements etc.
‒ Government’s credible steps to give investors the widest possible range of options; difficulties of carrying out a risk analysis in accordance with international best practices; availability and access to valid and up-to-date statistical data; reliability on statistical data etc.
‒ Tax Planning and Concessions – impact on investment policy; bilateral taxation arrangements; comparing with other countries reasonability; criteria for concessions etc.
‒ Licensing Requirements – transparency of requirements; consistency and impartiality applied; scope of delegated licensing authorities; licensing laws and policies compared to international best practices; reliability on issued licenses etc.
‒ Capital Requirements – clarity and difference between investment capital and legal capital; the regulations on technology transfer; non-cash assets valuation for the purposes of capital contributions etc.
‒ Collateral / Land Use Rights – types and available options for collateral comparative with internationally best practices; trustworthy rights of collateral based on the mortgage of a land use; register to search and record charges over assets; procedures for acquiring land use rights; land clearance procedures etc.
‒ Labor Law – recruitment of investors’ own employees; labor laws compliance with international standards; flexibility in defining by investors labor needs; an Employee Stock Option Plan or other forms of non-cash incentives etc.
‒ FOREX / Repatriation of Profits – foreign exchange restrictions; access to hard currency; additional or hidden tax on repatriation of profits etc.
‒ Antitrust and Competition Issues – rights against anti-competitive actions by business competitors; legal framework for mergers and acquisitions etc.
‒ Corruption and Liability for Bribes – government’s commitment to eliminating corruption; ability and procedures to report solicitation of bribes without risking being prosecuted etc.
‒ Termination by Authorities – circumstances under which the government can terminate investment license; discretionary or arbitrary conditions; opportunity for appeal by a court or tribunal; legal protection against appropriation of investment etc.
‒ Termination Procedures – investors’ ability to terminate their investments; procedures and ability to recover all of the assets to which investors are legitimately entitled etc.
‒ Insolvency Issues – insolvency laws on investments to be voluntarily dissolved; procedure for applying to have insolvent debtors wound up, in order to recover debts that are owed to investors etc.
‒ Recovery of Intellectual Property – efficiency of judicial or administrative measures to prevent intellectual property being misappropriated etc.
‒ Dispute Resolution – speed, accessibility and transparency of dispute resolution options; availability of dispute resolution measures to foreign investors; choice of qualified mediators, arbitrators, and other professionals to assist in resolving dispute; the process transparency, ethics and reasonable timing etc.
‒ Government Immunity – the Government’s immunity from legal proceedings etc.
‒ Enforceability of Dispute Resolution Agreements – court’s or other body’s decision making proceedings to avoid pending an outcome and practical range of remedies available to investors etc.
‒ Appeal against Administrative Decisions – procedures to appeal an improper or illegal decision by an authority; availability of practical recourse against an authority that is acting outside the scope of its powers, or that is refusing to carry out its duties; existence of an independent court or tribunal to review administrative actions etc.
‒ Recognition and Enforcement of Foreign Arbitral Awards – procedures and practice of recognition and application of foreign arbitral award (the New York Convention on the Recognition and Enforcement of Arbitral Awards); procedures in place to enforce monetary and other judgments etc.
The Legal Expert shall also contribute to the documents to be prepared by the FDI Expert in close cooperation with representatives of Ministry of Economy and NAIP.
It is expected that the Legal Expert shall start working immediately after signing of the Contract.
The competitive selection of the Legal Expert will be carried out using the method of selecting an individual expert (based on the evaluation of the resume) in accordance with the procedures set forth in the World Bank guidelines: Selection and Employment of Experts by World Bank Borrowers published in January 2011 and revised in July 2014. The guidance can be found at the following e-mail address: www.worldbank.org/procure.
QUALIFICATIONS AND PROFILE OF THE EXPERT
Qualifications & Skills
1. Master’s Degree in international investment law;
2. Expertise in carrying out situational analysis and assessing the needs for developing investment policies in developing countries;
3.Experience in providing legal services in the process of developing a legal concept using international best practices to promote the development of domestic and foreign investment; experience in international companies and organizations is welcomed;
4.Experience in conducting consultations, meetings and presentations on legal issues for a wide audience;
5.Excellent communication skills, fluency in written and spoken English.
Professional experience:
1.At least ten (10) years of experience related to the definition of investment policy; experience in preparation of legislative acts in the field of investment;
2.Experience in developing investment policies, mainly in developing countries or countries with economies in transition;
3 Experience in facilitating negotiations with senior officials on the identification, evaluation and adoption of policy decisions.
In case of your interest, we ask you send the following documents to the Agency until 5 pm on February 12, 2018:
1. expression of interest in providing legal expert services for the development of the FDI Strategy – in free form in Russian and English;
2. a detailed resume in Russian and English with indication of education, work experience, current English and Russian language level;
3. letters of recommendation, if available.
The above documents should be submitted at: National Agency of Investment and Privatization, Office 207 (reception), 14 Bersona Street, 220030 Minsk.
The documents should be submitted in a sealed envelope with a clear labeling "Expression of interest. Provision of legal expert services to develop the FDI strategy for the project "Support for privatization" (registration number 2/11/000466 of April 28, 2011).
These documents can be also submitted via e-mail to the following addresses: mail@investinbelarus.by, op@investinbelarus.by
Contact persons:
Technical matters: Julia Baranskaya
yuliya_baranskaya@investinbelarus.by
tel .: + 375 17 200 38 05
fax +375 17 226 47 98
Submission of the documents: Olga Potemkina
olga_potemkina@investinbelarus.by
tel .: + 375 17 200 22 19, + 375 17 200 38 05
fax +375 17 226 47 98
The FDI Strategy will be developed within the framework of the international technical assistance project "Support for Privatization", registered by the Ministry of Economy under number 2/11/000466 of 28 April 2011 (Grant of the Austrian Trust Fund TF098603).
For the purpose of developing the FDI Strategy, an individual expert (hereinafter referred to as the Legal Expert, the FDI Legal Expert) upon the competitive selection will receive the terms of reference for the services of the Legal Expert to develop the FDI Strategy. The Legal Expert will be invited to negotiate a contract.
The Legal Expert will be responsible for:
• analysis and research in the following areas:
‒ Conditions for Investment Sectors – transparency and easiness to ascertain; frequency of changes; impact of bilateral agreements etc.
‒ Government’s credible steps to give investors the widest possible range of options; difficulties of carrying out a risk analysis in accordance with international best practices; availability and access to valid and up-to-date statistical data; reliability on statistical data etc.
‒ Tax Planning and Concessions – impact on investment policy; bilateral taxation arrangements; comparing with other countries reasonability; criteria for concessions etc.
‒ Licensing Requirements – transparency of requirements; consistency and impartiality applied; scope of delegated licensing authorities; licensing laws and policies compared to international best practices; reliability on issued licenses etc.
‒ Capital Requirements – clarity and difference between investment capital and legal capital; the regulations on technology transfer; non-cash assets valuation for the purposes of capital contributions etc.
‒ Collateral / Land Use Rights – types and available options for collateral comparative with internationally best practices; trustworthy rights of collateral based on the mortgage of a land use; register to search and record charges over assets; procedures for acquiring land use rights; land clearance procedures etc.
‒ Labor Law – recruitment of investors’ own employees; labor laws compliance with international standards; flexibility in defining by investors labor needs; an Employee Stock Option Plan or other forms of non-cash incentives etc.
‒ FOREX / Repatriation of Profits – foreign exchange restrictions; access to hard currency; additional or hidden tax on repatriation of profits etc.
‒ Antitrust and Competition Issues – rights against anti-competitive actions by business competitors; legal framework for mergers and acquisitions etc.
‒ Corruption and Liability for Bribes – government’s commitment to eliminating corruption; ability and procedures to report solicitation of bribes without risking being prosecuted etc.
‒ Termination by Authorities – circumstances under which the government can terminate investment license; discretionary or arbitrary conditions; opportunity for appeal by a court or tribunal; legal protection against appropriation of investment etc.
‒ Termination Procedures – investors’ ability to terminate their investments; procedures and ability to recover all of the assets to which investors are legitimately entitled etc.
‒ Insolvency Issues – insolvency laws on investments to be voluntarily dissolved; procedure for applying to have insolvent debtors wound up, in order to recover debts that are owed to investors etc.
‒ Recovery of Intellectual Property – efficiency of judicial or administrative measures to prevent intellectual property being misappropriated etc.
‒ Dispute Resolution – speed, accessibility and transparency of dispute resolution options; availability of dispute resolution measures to foreign investors; choice of qualified mediators, arbitrators, and other professionals to assist in resolving dispute; the process transparency, ethics and reasonable timing etc.
‒ Government Immunity – the Government’s immunity from legal proceedings etc.
‒ Enforceability of Dispute Resolution Agreements – court’s or other body’s decision making proceedings to avoid pending an outcome and practical range of remedies available to investors etc.
‒ Appeal against Administrative Decisions – procedures to appeal an improper or illegal decision by an authority; availability of practical recourse against an authority that is acting outside the scope of its powers, or that is refusing to carry out its duties; existence of an independent court or tribunal to review administrative actions etc.
‒ Recognition and Enforcement of Foreign Arbitral Awards – procedures and practice of recognition and application of foreign arbitral award (the New York Convention on the Recognition and Enforcement of Arbitral Awards); procedures in place to enforce monetary and other judgments etc.
The Legal Expert shall also contribute to the documents to be prepared by the FDI Expert in close cooperation with representatives of Ministry of Economy and NAIP.
It is expected that the Legal Expert shall start working immediately after signing of the Contract.
The competitive selection of the Legal Expert will be carried out using the method of selecting an individual expert (based on the evaluation of the resume) in accordance with the procedures set forth in the World Bank guidelines: Selection and Employment of Experts by World Bank Borrowers published in January 2011 and revised in July 2014. The guidance can be found at the following e-mail address: www.worldbank.org/procure.
QUALIFICATIONS AND PROFILE OF THE EXPERT
Qualifications & Skills
1. Master’s Degree in international investment law;
2. Expertise in carrying out situational analysis and assessing the needs for developing investment policies in developing countries;
3.Experience in providing legal services in the process of developing a legal concept using international best practices to promote the development of domestic and foreign investment; experience in international companies and organizations is welcomed;
4.Experience in conducting consultations, meetings and presentations on legal issues for a wide audience;
5.Excellent communication skills, fluency in written and spoken English.
Professional experience:
1.At least ten (10) years of experience related to the definition of investment policy; experience in preparation of legislative acts in the field of investment;
2.Experience in developing investment policies, mainly in developing countries or countries with economies in transition;
3 Experience in facilitating negotiations with senior officials on the identification, evaluation and adoption of policy decisions.
In case of your interest, we ask you send the following documents to the Agency until 5 pm on February 12, 2018:
1. expression of interest in providing legal expert services for the development of the FDI Strategy – in free form in Russian and English;
2. a detailed resume in Russian and English with indication of education, work experience, current English and Russian language level;
3. letters of recommendation, if available.
The above documents should be submitted at: National Agency of Investment and Privatization, Office 207 (reception), 14 Bersona Street, 220030 Minsk.
The documents should be submitted in a sealed envelope with a clear labeling "Expression of interest. Provision of legal expert services to develop the FDI strategy for the project "Support for privatization" (registration number 2/11/000466 of April 28, 2011).
These documents can be also submitted via e-mail to the following addresses: mail@investinbelarus.by, op@investinbelarus.by
Contact persons:
Technical matters: Julia Baranskaya
yuliya_baranskaya@investinbelarus.by
tel .: + 375 17 200 38 05
fax +375 17 226 47 98
Submission of the documents: Olga Potemkina
olga_potemkina@investinbelarus.by
tel .: + 375 17 200 22 19, + 375 17 200 38 05
fax +375 17 226 47 98