REQUEST FOR EXPRESSIONS OF INTEREST

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1 REQUEST FOR EXPRESSIONS OF INTEREST AFRICAN DEVELOPMENT BANK Immeuble CCIA, Abidjan, Côte d Ivoire African Natural Resources Center M.HARRATHI@AFDB.ORG Telephone: Department issuing the request: African Natural Resources Center Position: CONSULTANCY SERVICES FOR A STUDY ON HARMONISATION OF PETROLEUM POLICIES, LAWS, REGULATIONS AND INSTITUTIONAL FRAMEWORKS IN THE ECOWAS REGION Place of assignment: Home based /Abidjan Duration of the assignment: 40 person days Tentative Date of commencement: April 2018 Deadline for applications: 30 th March Applications to be submitted to : Maali Harrathi (M.HARRATHI@AFDB.ORG) with copy to : F.KABANDA@AFDB.ORG PS: Application must include the name of the Consultant Position that you are applying for Any questions and requests for clarifications may be sent to: Maali Harrathi (M.HARRATHI@AFDB.ORG) with copy to : F.KABANDA@AFDB.ORG TERMS OF REFERENCE CONSULTANCY SERVICES FOR A STUDY ON HARMONISATION OF PETROLEUM POLICIES, LAWS, REGULATIONS AND INSTITUTIONAL FRAMEWORKS IN THE ECOWAS REGION 1. Introduction The African Development Bank (AfDB) places renewed emphasis on Natural Resources Management as a transformational platform, emphasizing the role of natural resources in widening access to resources, promoting inclusive growth and transitioning to green growth. In order to respond to the challenges facing sustainable management and use of Africa s natural resources, the AfDB created the African Natural Resources Center (ECNR). The ECNR is a non-lending knowledge building entity whose mandate is to assist African governments maximize development outcomes derived from natural resources by boosting the capacity of the governments to achieve inclusive and sustainable growth from such resources. Petroleum resources can be a major catalyst for socio economic development of the countries if the resources are well managed. Proper management of these resources includes establishment of a robust and transparent legal and regulatory framework which allows maximization of most income from these resources. Whenever possible, proper resource management should adopt a holistic

2 approach without fragmenting resources across different jurisdictions. Indeed, subsurface resource accumulations rarely follow national boundaries. In setting their strategic vision for the petroleum sector, policy makers at regional communities are advised to adopt a holistic approach and look beyond national boundaries, in order to take advantage of economies of scale offered by bigger markets. This could apply across the petroleum value chains from exploration, development, production and trading. Accordingly, the ECNR is working with the Economic Community of West African States (ECOWAS) to undertake a study on the harmonization of petroleum policies, laws, regulations and institutional framework in ECOWAS region, as a way of contributing to the region s development and implementation of a harmonised oil and gas sector. ECOWAS region comprises 15 Member states of Benin, Burkina Faso, Cape Verde, Cote d Ivoire, The Gambia, Ghana, Guinea, Guinea Bissau, Liberia, Mali, Niger, Nigeria, Senegal, Sierra Leone and Togo. 2. Objective of the Study The objectives of the study are: i) To give an analytical basis to guide the process of harmonization of existing petroleum policies, laws, regulations and institutions in ECOWAS Region and Member States ii) To develop an understanding of how harmonisation of petroleum policies, laws, regulations and institutions in the region could impact other sectors of trade, markets, environment and tax management among others. iii) To develop an approach for the Bank s support of feasible shared infrastructure petroleum projects that enhance regional integration in consultation with ECOWAS Commission and its individual Member states. 3. Scope of Work The following will be the scope of the study: a) Collection and review of existing petroleum policies, laws, regulatory and institutional framework in ECOWAS Member states (Benin, Burkina Faso, Cape Verde, Cote d Ivoire, The Gambia, Ghana, Guinea, Guinea Bissau, Liberia, Mali, Niger, Nigeria, Senegal, Sierra Leone and Togo). b) Identifying gaps in the policies, laws, regulatory and institutional framework that need to be covered in order to bring to level a harmonised framework of the ECOWAS countries in petroleum sector. c) Identifying within the existing petroleum policies, laws, regulations and institutional frameworks provisions that hinder the attraction of investments, negotiation of good contracts and sharing of infrastructure across borders. d) Reviewing existing policies, laws, institutions and regulations that are most suitable in the ECOWAS region and make proposals on what may be harmonized highlighting the benefits. e) Assessing how harmonisation of petroleum policies, laws, regulations and institutions could affect other areas of inter-regional trade/markets, pollution/spillages, shared infrastructure 2

3 and tax management among others and make proposals for closing gaps or minimising conflicts where such exist. f) Proposals on ways to bridge information gaps between the region s countries in the petroleum sector. 4. Methodology and Duties of the Consultant: The study will combine review/analysis of the existing petroleum policies, laws, regulations and institutional framework in the study countries. Interviews with relevant stakeholders of the different levels of the value chain will be undertaken whenever possible. The consultant will report to task manager for the activity. The duties and responsibilities of the consultant will include; a) Preparation of an acceptable methodology and work plan for the study. b) Review and analysis of existing petroleum policies, laws, regulations and institutional framework. c) Comparative assessment of existing petroleum policies, laws, regulations and institutional frameworks in ECOWAS Member states with international best practices in the petroleum industry. d) Visit selected ECOWAS Member states for meetings and interviews with relevant stakeholders (Ministry in charge of petroleum/energy, State owned oil Company, Petroleum agencies etc.) e) Critically analyse the high priority areas to harmonize and make recommendations regarding the best model for harmonization f) Preparation of inception and draft final reports with inputs from relevant Bank departments, ECOWAS Commission and stakeholders. g) Making PowerPoint presentations of the study at validation and dissemination workshops. h) Consolidation of the stakeholder comments into the final report and i) Preparation and handing in of PowerPoint presentations on the study for Bank use. ECOWAS and African development Bank will provide the consultant with assistance to ensure successful completion of the study including documentation in their possession relating to the subject. A pre-project meeting with the consultant is planned to harmonise the methodology, identifying case study countries, agree on reporting, content and format of the final reports 5. Outcome: Outcome of the study will be a detailed harmonization report useful in; a) Supporting the ECOWAS Member States in developing transparent and robust petroleum policies, laws, regulations and institutional frameworks aligned with the community integration agenda. b) Enhancing co-operation in the petroleum sector within ECOWAS member states. 3

4 c) Detailing how harmonization will have impacts on other sectors including intra-regional trade, markets, environmental issues like pollution and spillage together with tax management among others. d) Evaluating future considerations for Bank s support of petroleum projects that enhance regional integration in consultation with ECOWAS Commission and its individual Member states. 6. Timeframe: Consultant will be expected to work for no more than 40 person days. The study will be undertaken in a period of no more than 6 months with the following activities and outputs. Activity Output Time 1 Consultant s pre-project meeting 0 2 Submission of draft inception report by Draft Inception Report 0+4 weeks consultant Consultant to submit revised inception Revised Inception Report 0+6 weeks report incorporating stakeholder comments 3 Submission of draft report by consultant Draft Report 0+10 weeks 4 Consultant to submit revised draft report Draft Final Report weeks incorporating stakeholder comments Organize regional workshop to validate Validated draft final Report weeks draft final report by ECOWAS member states experts Submission of final report Final Report weeks 6 Dissemination of final report Workshop where presentation of results will be made and report launched 0+24 weeks 7. Reports: In addition to the inception, there will be a draft final report which will be commented on by ECOWAS Member states experts and stakeholders before the final study report is prepared. The study report will cover issues including; a) High priority aspects that require harmonization within petroleum policies, law, regulations and institutional frameworks and model for harmonization i.e. principle based or prescriptive approach, b) How the countries can through harmonization; i) Maximise revenues from petroleum resources, ii) Foster regional market integration using petroleum, iii) Share regional infrastructure, iv) Consider gender-specific issue, equity, persons with disabilities and host communities, v) Consider best inclusive practices in the petroleum industry, vi) Attract investments in the petroleum sector 4

5 vii) Maximisation of non-fiscal linkages like local content. viii) Setting up transparent and robust legal framework governing the sector; ix) Establish better management of environmental impact that preserve the natural capital. c) Enhancement of predictability for intending investors in the petroleum sector through proper identification of the non-negotiable issues to be standardised at regional level. d) Implementation of faster negotiations for licensing in the petroleum industry because the issues for negotiation will be clear and the Governments offers predictable; e) Facilitation of quicker and faster approval of cross border projects through the principles governing these projects will be outlined in the updated policies, laws and regulations of the different countries; and f) Promotion of higher investments in the petroleum sector, including refineries and pipelines by both the private investors and the governments in the region. 8. Consultant Qualifications: The consultant must meet the following criteria: a) Possess at least a master s degree in petroleum law, engineering or science, sciences related to natural resources, energy law, natural resources policy or economics, b) At least 10 years working experience in petroleum regulation, policy setting, commercial, work with think tanks, research or related work in petroleum sector c) A good knowledge of the petroleum sector in the ECOWAS region d) Proven experience in aspects of West African regional cooperation or designing policies, laws or regulations in at least two countries as lead consultant/researcher e) written and oral English or French with working knowledge of the other language 9. Service Conditions: AfDB conditions for retaining short-term consultants will apply. Please attach an updated Curriculum Vitae on the basis of the template below: MODEL CURRICULUM VITAE (CV) Title of the Assignment: Department: Surname: Birth Date: Address: Telephone: First Name: Nationality: Country: 5

6 Are any of your family members (spouse/partner, father/mother, Yes No Brother/sister, Son/daughter, etc. employed in the African Development Bank? If «Yes», the following data must be provided Name Relationship Organisation Unit Place of Assignment Language Level Read Written Spoken English French Other (specify) Key Qualifications: Please provide (i) a summary of your experience and training highlighting the most relevant for the proposed assignment, and (ii) the responsibilities which you exercised. Utilise one half-page maximum. Education (University Level and above only): Name of University - City - Country Period Diploma Obtained Main Topic / Major From To Professional Training: Name of Training Institution- City - Country Type of Training Period Certificates or Diploma Obtained From From 6

7 Employment Record: Begin with your most recent employment. For each job since your Master Degree achievement, please indicate: - Name of the Employer - Type of Activity/Business of the Employer - Title / Function - Place of Employment - Brief Description (three lines maximum) of main accomplishments and responsibilities Reference: Please indicate the name and address of three persons with no family relationship with yourself, familiar with your character and titles. I hereby certify that the responses which I provided above are all, to the best of my knowledge, true, complete and accurate. I acknowledge that an inaccurate statement or essential omission in a personal declaration or another document required by the African Development Bank might result in the rejection of my application, termination of my Contract or any other administrative sanction by the Bank. The African Development Bank may verify any statements which I made in this application. Date: Signature : 7

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