ACTIVITY UPDATE

Consultative Council on Financial Management (CCFM)

Knowledge Centre, 12 June 2013

ISummary

1.Achievement

  1. Drafting Performance Contract for DGs and Coordinators
  2. Drafting Ministerial Diplomas for DGs and Units
  3. 5/22 Appeal Cases were completed and all were in favour of the NDDR (7 – pending & 7 decision completed ready for signing)

2.Outstanding Issues

  1. Pension for Ex-member of Parlament – Double Salary (Adviser and Pension)
  2. CAC- Calling for hearing (MF staff) in CAC’s office
  3. Procurement Process – Competencies, Visto Previaand Payment Authorization – A case from Assessoria Sociedade Civil, Gabinete PM.

IIActivities

1.Legislative Drafting

  1. PPPs – all legal framework for PPPs were drafted and ready to be presented (reschedule to 18 COM meeting) – needed green light from Minister and Vice Minister
  2. Draft consolidated public procurement law: Reviewing the draft consolidated public procurement law and standard forms of contracts, internal meetings with NPC, ADN and Procurement Directorate to discuss stakeholders comments and comments from DLA Piper on latest draft of the law and forms of contracts;
  3. Taxation laws: Reviewing taxation laws, private investment law and public procurement law to provide in a briefing weaknesses in current framework, internal meetings with working group (Joao Saldanha, NDDR advisors, etc.); Including:
  4. Draft Administration Fees Decree-Law – was circulated to seek comments and suggestions
  5. Tax Procedures Decree-Law – was sent for Review (Arentfox and Delloite)
  6. Drafting of Financial Regulation base on draft prepared by Delloite (Nik’s engaged)
  7. Drafting of Legal Guidelines on Applicable Financial Legislation – to be used as a base for providing legal advice and drafting.

2.Contract Drafting and Review

  1. Air Services Agreement with Singapore: Reviewed the agreement.
  2. C2D Contract: Drafted the contract.
  3. MoF Building: reviewing contractual arrangements, external meetings with contractor and engineer (consultant) and internal meetings, including with NPC, ADN and DGCS, prepared briefings for Minister of Finance;
  4. Preparing amendments to high-value contracts entered into by the Government to correct tax positions; (including CN22; Puriakraya; National Grid)
  5. Grant agreements: Reviewed grant agreements and similar aid agreements for DPMU;
  6. Meeting and discussionswith IFCregarding airport upgrading PPP;
  7. World Bank loan: Drafted briefing and presentation to Council of Ministers.
  8. Timor Gap procurement and contract process including approval by CoM;

3.Administrative and Staffing

  1. Legal Office has Six (6) National Legal Staff[1]; Two (2) Administrative Staff; four (4) International Legal Advisers; One (1) National Adviser; In total of 13 staff
  2. All correspondent should be sent to Coordinator of Legal Office (in the case of Urgency please copy the Coordinator)
  3. Three Office – Minister’s office, Customs and Appealed Office (NDDR)
  4. Appeal Board – in the process of setting it up; Expected by the end of 2013.
  5. Outsourcing (Legal Service) – ArentFox[2]; DLA Piper and Delloite)[3]

4.Others:

  1. Investment treaties: Organising presentation by expert on the topic.
  2. Provide Legal advices (Pension, Specimen Signature, confirmation letter for Deloitte to finish the State Account 2012, etc.)
  3. We have been involved in the process of appointment of the Managers (legal side and communication with the civil service commission);
  4. Legal Support to other State Institutions:
  5. Ministry of Education – take part in the panel selection
  6. ANP – helping on tax
  7. MAE – public grants
  8. Court cases (Sofia is closely engaged in the process)

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[1] Two female staff in NDDR; One (1) male staff in Customs; three (3) male Staff in Minister’s office

[2] ArentFox – at the moment, reporting to DGR

[3] Nik can be contacted for this