SRI LANKA: LEGAL CONSULTANT

INTRODUCTION TO GGGI

The Global Green Growth Institute (GGGI) is a treaty-based international, inter-governmental organization dedicated to supporting and promoting strong, inclusive and sustainable economic growth in developing countries and emerging economies. To learn more please visit about GGGI web page. 

GENERAL INFORMATION

• Project: Assessing the policy and legal basis for a National Adaptation Fund in Sri Lanka
• Duty Station: Home-based
• Contract Duration: 1 Jun 2024 – 31 Oct 2024 (5 months)
• Number of Work Days Estimated (internal purpose only): 50
• Consultant Level: Level 4
• Total Fees: USD 10,000 (USD 200/day x 50 days)

GGGI in Sri Lanka

In Sri Lanka, GGGI is working under the guidance of, and in close collaboration with the Ministry of Environment (MoE). The Ministry of Environment through the Climate Change Secretariat (CCS), as the National Designated Authority (NDA), nominated GGGI to be its delivery partner for the implementation of the Green Climate Fund (GCF) National Adaptation Planning Readiness Support (NAPRS) Project; “Strengthen the Process and Capacity of the Implementation of National Adaptation Plan of Sri Lanka”.

The NAPRS Project will revise the National Adaptation Plan for Climate Change Impacts in Sri Lanka (NAP) 2016-2025. It will also aim at building resilience of communities and the most vulnerable sectors; (1) food security, (2) water resources, (3) coastal and marine, (4) health, (5) human settlements and infrastructure (6) ecosystems and biodiversity (7) tourism and recreation (8) export agriculture, (9) industry-energy-transportation to adverse effects of climate change by strengthening the country’s capacity and systems to implement adaptations into sectoral plans.

GGGI as the project delivery partner, in close collaboration with the NDA, will implement the project, and among others, will guide, monitor, and supervise the implementation of the work by the consultants/vendors based on GGGI standard of implementation/monitoring procedures.

National Adaptation Fund for Sri Lanka

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.

The assignment is expected to be completed by September 2024 based on the following payment schedule:

• 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.

• GGGI evaluates applications based on: eligibility requirements, relevance of academic study and work experience (if any); and the level of interest and motivation to contribute to development work.
• Interested candidates should submit their CV.
• Candidates will be reviewed on a rolling basis.
• Applications that do not adhere to the selection instructions may not be considered.
• Applications submitted after the deadline will not be considered.
• Date to close is Korean Standard Time (KST). Applications submitted after the deadline will not be considered Application. Cover Letter, and CV must be sent in English. A consortium, or a firm may not be engaged for the individual consultant assignment.