Final Version – Received NOL on 27 March 2013

NATIONAL IMPLEMENTATION UNIT

MINISTRY OF INDUSTRY AND COMMERCE

Terms of Reference

National Trade Facilitation Specialist

to Support the Lao PDR Trade Facilitation Secretariat

Lao PDR

Second Trade Development Facility

Project No. P130512

  1. Background to the assignment

The Second Trade Development Facility (TDF-2) is a multi-donor program financed by Australia, the European Union, Germany, Ireland and the World Bank focusing on improving trade and private sector development in Lao PDR. The development objective of the TDF-2, which is implemented by the Ministry of Industry and Commerce, is to support the implementation of government’s trade and integration priorities outlined in the 2012 Diagnostic Trade Integration Study (DTIS) Roadmap, and in particular to contribute to improved competitiveness and diversification, focusing outside the natural resource sectors. TDF-2 has three main components[1]:

(a) trade facilitation, trade policy and regulations;

(b) diversification and competitiveness; and,

(c) mainstreaming aid for trade.

The appraised value of the project is US$ 14.0 million, with implementation to take place over a period of four years, starting in April 2013. Technical responsibility for implementation of the Trade Development Facility lies with the National Implementation Unit (NIU), based within the Planning and Cooperation Department of the Ministry of Industry and Commerce.

The trade facilitation, trade policy and regulations component of TDF-2, which builds on the success of trade facilitation and trade policy activities under TDF-1, consist of a number of inter-related activities aimed at improving transparency, predictability and lowering compliance costs for traders. International evidence strongly suggests that high costs of trade act as a major brake on investment, particularly in the type of diversified trade that has greatest potential to facilitate equitable growth, generate jobs and reduce poverty.

While significant progress has been made on the trade facilitation agenda under TDF-1 additional support will be required under TDF-2 to build on the reform momentum established to date and ensure the long term sustainability of key programs. TDF-2 therefore includes additional support for trade facilitation under three separate but interrelated sub-components, one of which is direct assistance to theDepartment of Import and Export (DIMEX) to support and enhance the operation of the Trade Facilitation Secretariat.

The Lao PDR Trade Facilitation Secretariat was established as part of the Lao PDR National Trade Facilitation Strategy and Action Plan. It is currently housed in and supported by DIMEX but the provision of adequate secretariat services including inter-agency coordination activities and administrative tasks, as well as the preparation of relevant policy and issues papers is an extremely resource intensive activity. As a result the Secretariat is yet to fully achieve its objective of serving as the principal vehicle for discussing national trade facilitation issues and priorities and ensuring effective coordination, monitoring and implementation of Lao PDR’s National Trade Facilitation Strategy and Action Plan.

The most critical issue is that the Secretariat must have access to competent people able to undertake research and analysis on key policy issues, monitor action plan implementation, encourage private sector participation as well as providing active administrative assistance for agenda planning, meeting support and ongoing information sharing and coordination activities between meetings.

The subcomponent will therefore finance the appointment of a highly qualified local consultant to support DIMEX in performing its support functions for the secretariat,specifically a consultant possessing sound policy development and research skills.

  1. Objective of the assignment

The objective of the assignment for the National Trade Facilitation Specialistis to support the National Trade Facilitation Secretariatof the TDF-2 of theLao PDR Ministry of Industry and Commerce. The main responsibilities of the consultant include:

  • Managing the implementation of the different activities related to the Lao PDR National Trade Facilitation Strategy (NTFS) and Action Plan;
  • Ensuring adequate coordination between DIMEX, other relevant government agencies/ministries, and relevant donor and development agencies in the design and implementation of the TDF-2 NTFS Action Plan;
  • Advising the government on policies related to Trade Facilitation Strategies, including on international trade negotiations, trade policy formulation, implementation of international obligations, etc, as requested;
  • Dissemination of work on NTFS Action Plan to interested parties, including the private sector.
  1. Scope of work

The National Trade Facilitation Specialistwill be expected to support the design and implementation of the NTFS Action Plan and build capacity in the National Trade Facilitation Secretariat, DIMEX, and government agencies that issue trade-related regulations. Although the Secretariat will lead the process, all relevant regulatory bodies should be involved in the review process and the analysis conducted by the review body.The consultant will support the Lao PDRTrade Facilitation Secretariat responsible in undertaking the following tasks:

  • Support the National Trade Facilitation Secretariat to raise awareness about the NTFS agenda with concerned government agencies and the private sector through the organization of seminars, workshops and bilateral meetings;
  • Identify issues and problems faced by the private sector related to trade facilitation;
  • Propose procedures and methodologies for addressing the identified problems;
  • Facilitate communication with and involve all government agencies that are related totrade facilitation issues;
  • Conduct a review on the administrative burden arising from some trade and customs procedures and systems for the movement of goods;
  • Conduct regular research on NTMs imposed on Lao private sector companies by their trading partners;
  • Prepare reports on the process of implementing the trade facilitation strategy and action plan and reports to line ministries on the constraints in trade facilitation to address them consistently and promptly;
  • Prepare a monthly report of the progress of implementing the trade facilitation strategy and action plan to DIMEX (MOIC) and other members of the NTFS;
  • Provide technical advice to the trade facilitation secretariat, relevant associations, and private sector on legislations related to trade facilitation;
  • Assist the trade facilitation secretariat in organizing the secretariats’ meetings, seminars, and workshops;
  • Ensure effective collaboration among all members of the trade facilitation secretariat;
  • Perform other tasks and duties as requested by the trade facilitation secretariat;
  • Transfer knowledge to local staff in DIMEX and counterparts in related agencies to undertake regulatory measures, and assist government agencies with the establishment of a work program for the NTFS.
  • Prepare detailed terms of reference, and assist DIMEX in preparing requests for proposals as per the World Bank procedures for the various technical assistance, studies and training activities in the area of trade facilitation andtrade policy and regulation sub-components, including:
  • Assisting DIMEX to identify suitable candidates;
  • Design, preparation and negotiation of TORs;
  • Monitor and review the consultants’ work;
  • Ensure the quality and substance of consultants’ output and activities; and,
  • Prepare progress reports, etc.

This assignment is designed for a full-time engagement over a period of 4 years with annual contract extensions subject to satisfactory performance. There is an initial probation period of three (3) months. The majority of inputs will be delivered in Vientiane, Lao PDR, working alongside government officials.

  1. Transfer of knowledge

Since the transfer of technical knowledge and capacity building in trade facilitation is a key objective of this assignment, the consultant will ensure knowledge transfer to government staff on issues related to trade policy and regulation, which should include collaboration on tasks, mentoring or coaching, regular sessions of training, and periodic meetings to discuss issues related to the tasks undertaken.

  1. Data, local services, personnel, and facilities to be provided by the borrower

The Ministry of Industry and Commerce will provide the consultant with access to documents relevant to the assignment, including previous studies, legal texts and regulations, and will assist in facilitating meetings with key counterparts.

Office space will be provided in the Department of Imports and Exports, Ministry of Industry and Commerce.

All other inputs required to carry out the assignment will be the responsibility of the selected consultant.

  1. Institutional arrangements

On the technical level, the selected consultant will work under the direct supervision of the Department of Imports and Exports, Ministry of Industry and Commerce.

The consultant will also be required to work in close cooperation with other key stakeholders involved in trade facilitation in the Lao PDR, including, but not limited to, key departments in the Ministry of Industry and Commerce, but also relevant departments in the Ministry of Finance, Ministry of Agriculture and Forestry, Ministry of Health and Ministry of Science and Technology, and representatives of the private sector.

Contractual arrangements will be managed by the National Implementation Unit, Department of Planning and Cooperation, Ministry of Industry and Commerce.

  1. Key qualification requirements
  • Graduate degree in law, economics, business, public policy, or related discipline.
  • Minimum of Five(5) years working experience on trade facilitation and trade policy related issues.
  • Minimum two years working experience on related program management, especially on trade development programs.
  • Proven knowledge of trade regulation and related issues, such as WTO trade law, trade policy negotiations, academic research on trade policy etc.
  • Knowledge ofwork with/in government organizations, in particular in connection with the public sector is an asset.
  • Knowledge of customs policy and non-customs procedures (e.g. SPS, transport, etc) is an asset.
  • Fluency in Lao and English are mandatory (spoken and written). Strong interpersonal skills to facilitate dialogue with various government agencies, engage with senior and technical staff, and the private sector.
  • Ability to work in a team and have good communication skills.
  • Willing to work alongside and assist national counterparts in a practical and proactive way.
  • Sound policy development and research skills are an asset.

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[1] Fuller details on the scope of the TDF-2 are outlined in the Project Appraisal Document, November 1, 2012.