Legal Consultant

Given the growing severity of the impact of climate change, the need for climate change adaptation is a national priority. The adaptation interventions would require mobilizing national and international financial resources towards building forward better. The NAP 2016-2025, therefore, includes creating a National Adaptation Fund (NAF) with the collaboration of the Ministry of Finance to support the implementation of resilient building activities within the nation.

Role of the consultant

The consultant, under the guidance of GGGI’s Sri Lanka country team and Asia Regional Office, shall support the establishment of the National Adaptation Fund by:

Assessing the legal and policy bases for its establishment, and,

Based on the above, analyze/compare 2-3 options and make a recommendation as to the NAF’s optimal legal form.

OBJECTIVES OF THE ASSIGNMENT

The consultant shall support the establishment of the National Adaptation Fund (“Fund”) by drafting a report comprised of two parts:

• Part 1. Assessing the legal and policy bases for its establishment, and,
• Part 2. Based on the above, analyze/compare 2-3 options and make a recommendation as to the NAF’s optimal legal form

 In completing this assignment, the consultant shall undertake activities that include, but are not limited to:

Part 1. Assessing the legal and policy bases for the Fund’s establishment

• Identifying policies or Acts supporting the Fund’s establishment and assessing the boundaries of what the Fund can and cannot do, key outcomes it must achieve, and any other relevant provisions or limitations as provided for in the policies or Acts.
• Identify (potential) sources of funding provided in relevant legislation, such as allocations from the national budget.
• Identify situations where another Act provides for a similar fund, potentially leading to overlaps.
• Forecast future policy trends for the fund’s relevance.

Part 2. (Based on the preceding assessment) Analyze/compare 2-3 options and make a recommendation as to the NAF’s optimal legal form.

The consultant shall consider the following dimensions when analyzing/comparing the options, and one of the options should be that of the NAF being housed under the Sri Lanka Climate Fund.

• Governance, as to whether there is a specific governance structure that must be adopted specific to the chosen legal form, and sample organizational structure(s) that comply with such requirement
• Tax implications on revenue, assuming that the revenue streams are (i) contributions from domestic and foreign donors and (ii) taxes or tolls form a current or future law (e.g., carbon tax)
• Fund disbursal mechanisms, describing the range of financial products or instruments (i.e., grant, loan, equity, guarantee, etc.) that is permitted under each legal form
• Liability, explaining the types of legal liabilities the fund may be exposed to
• Regulatory compliance, particularly with laws, directives, or executive orders concerning the establishment a new fund
• Estimated setup costs
• Operational constraints
• Compatibility with receiving funding from foreign entities
• Ease of dissolution/transition
• International best practice

The consultant should note that this work given its nature may require a stepwise approach, i.e., presenting the outcome of the assessment to be considered by the Sri Lanka government, before moving on to comparative analysis of 2-3 options for the Fund’s legal form. Meetings required to facilitate decision-making at each step will be organized and led by GGGI. The consultant may also be requested to participate as a resource person in such meetings.

EXPERTISE REQUIRED

• A licensed attorney-at-law with minimum 2 years’ experience working at a reputable law firm or practice in Sri Lanka preferred.
• Strong understanding of administrative, environmental, corporate, and tax law.
• Demonstrated expertise in designing financing facilities and stand-alone policy funds (i.e., funds established to further a specific policy objective), including matters related to their governance, receipt and disbursement of funds (including those from foreign governments), and tax implications of potential legal forms.
• Good interpersonal skills, and ability to work collaboratively with colleagues from diverse cultural backgrounds.
• Ability to work/deliver under time pressure.
• Fluent in written and spoken English.

Source: https://careers.gggi.org/vacancy/sri-lanka-legal-consultant-558869.html