JOB: Legal Consultant for the Rwanda Oil and Gas Capacity Building Project

REQUEST FOR EXPRESSION OF INTEREST AND PROPOSAL

AFRICAN LEGAL SUPPORT FACILITY (ALSF)

LEGAL CONSULTANT

Expressions of interest and proposals are being requested for a Legal Consultant Position:

Brief description of the Assignment:

Department issuing the request:

Place of assignment:

Duration of the assignment:

Tentative Date of commencement:

Deadline for applications:

Applications to be submitted to:

Any questions and requests for clarifications may be sent to:

Legal Consultant for the Rwanda Oil and Gas Capacity Building Project

African Legal Support Facility (ALSF)

Remotely with missions to Kigali (if conditions permit)

15 February 2021 – 14 May 2021 (3 months)

15 February 2021

25 January 2021

alsf@afdb.org

m.mohammed@afdb.org

Terms of Reference

The African Legal Support Facility (“ALSF” or the “Facility”) hereby invites individual consultants to indicate their interest in the following assignment: Legal Consultant for the Rwanda Oil and Gas Capacity Building Project.

  1. INTRODUCTION

a.   Presentation of ALSF

The African Legal Support Facility (the “ALSF” or the “Facility”) is an international organization hosted by the African Development Bank in Abidjan, Côte d’Ivoire. The ALSF’s main objectives include: (i) assisting African Governments in defending against litigation brought against them by vulture funds (and other such entities); (ii) providing legal advisory services to African Governments in the structuring and negotiation of complex commercial transactions relating to extractives and natural resources, infrastructure, PPPs, sovereign debt, and related commercial agreements; (iii) capacity building for lawyers and government professionals related to the above; and (iv) development of knowledge products.

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b.   Reference on the Request

The African Legal Support Facility (“ALSF” or the “Facility”) received a request from The Government of the Republic of Rwanda (“GoR” or the “Government”) for technical legal assistance in the oil and gas sector, particularly for capacity building activities to the Rwanda Mines, Petroleum and Gas Board (“RMB”). The objective of the Project is to support the GoR in the development and diversification of its hydro-carbon sector for accelerated economic and social development of the country.

c.   Brief project description

Assistance proposed by the Facility consists of capacity building to the GoR in connection with: (i) reviewing of the existing legal and regulatory framework and making the necessary recommendations for amendment and improvement through an initial inception report; (ii) developing and drafting of a revised Upstream Oil and Gas Policy Paper; and (iii) developing and drafting a revised and amended Petroleum Exploration and Production Activities Law.

The ALSF will require the services of an individual Legal Consultant (“Consultant”) to assist the Facility meet its objectives for this Project.

d.   Invitation to express interest and request for proposal

The ALSF invites you to submit an expression of interest with a technical and financial proposal for the position of Legal Consultant (the “Consultant”). The scope of work will consist of supporting the Rwanda Mines, Petroleum and Gas Board on the development of a revised Policy Paper on Upstream Oil and Gas activities and on the development of a revised and amended Petroleum Exploration and Production Activities Law (the “Project”).

All proposals must be submitted to the ALSF at alsf@afdb.org with copies to the ALSF task managers listed in these Terms of Reference (m.mohammed@afdb.org) on or before 25 January 2021 at 18h00 GMT.

The proposal must include comprehensive answers to questions raised in these terms of reference, as well as all additional information deemed useful and relevant. The Consultant will be selected after an in-depth analysis of the proposals, based on the basis of the criteria defined to respond to the needs and requirements of the Government and ALSF.

The ALSF expects the selected Consultant to provide high-quality services, reflecting good international practices, as well as ALSF’s objectives and mission.

Incomplete proposals, late proposals, or proposals that do not fulfil the criteria established in these terms of reference shall not be considered.

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  • PROJECT CONTEXT

a.   Sector overview

  1. Sector concerned: Oil and Gas

Rwanda is hoping to join the circle of petroleum producing countries around the world. Exploration for oil and gas has been on-going in the Lake Kivu region, with the country having undertaken the first series of shallow boreholes drilling for geo-chemical tests in Lake Kivu1.

Rwanda already extracts methane from Lake Kivu, which borders Lake Albert, where neighboring Uganda has found 6.5 billion liters of oil.2

Rwanda’s policy on petroleum has three main elements – an upstream component, currently concerned with exploration for possible petroleum resources; the midstream component that deals with infrastructure such as pipelines, depots, etc.; and the downstream component that relates to the importation of refined products. The upstream component is regulated by the Rwanda Mining, Petroleum and Gas Board3.

  1. Legal and institutional framework

Rwanda’s upstream sector is governed by the Petroleum Law, Law n°13/2016 of 02/05/2016.4

iii.          Key policy and strategy documents

Upstream Petroleum Policy of 2013 (under review)5

b.   Description of the underlying transaction

The Government of Rwanda has taken initiatives to develop its hydrocarbon sector. In this regard, the RMB is seeking to diversify Rwanda’s hydrocarbon sector in order to achieve accelerated development.6

The RMB is the body responsible for implementing and advising the GoR on national policies, laws and strategies related to mines, petroleum and gas. It is also mandated

  1. https://www.bloomberg.com/news/articles/2018-10-18/rwanda-may-invite-private-investors-to-search-for-oil-in-lake
  • https://www.africanews.com/2018/10/18/oil-search-rwanda-may-invite-investors-for-exploration//
  • https://www.mininfra.gov.rw/index.php?id=313
  • https://rmb.gov.rw/index.php?id=337
  • https://rmb.gov.rw/index.php?id=337
  • Request Letter to ALSF from Ministry of Finance Rwanda dated 29 April 2020

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to monitor and coordinate the implementation of strategies related to mines, petroleum and gas.7

Against this background, RMB is therefore requesting technical support through capacity building services. The expected outcome of the technical support is to assist the GoR in updating their legal framework governing its oil and gas sector.

  • Designated Government Interface

The GoR has designated the Rwanda Mining, Petroleum and Gas Board to ensure the overall coordination of the Project (“Implementing Agency”).

The Consultant will be hired and remunerated by the ALSF.

  • SCOPE OF SERVICES

This section describes the services that are to be provided by the Consultant.

a.   Review of the legal documentation

The Consultant will first have to review and analyze the following documents:

  • Petroleum Law, Law n°13/2016 of 02/05/2016
  • Upstream Petroleum Policy of 2013 (under review)

The Consultant will then assist the Government by undertaking the tasks described hereafter.

b.   Project workstreams

  1. Specific Activities

Assistance requested by the Government will be subdivided into the four (4) workstreams described below. The workstreams may overlap depending on the methodology proposed by the selected consultant.

Workstream 1: Review the existing legal, institutional and regulatory framework

Objectives: The recruited Consultant will analyse the existing legal framework relatedto the oil and gas sector and identify any issues with the current institutional, legislative and regulatory frameworks. The consultant will thereafter propose recommended changes to the legislation, and the institutional, legislative and regulatory frameworks, in line with international standards.

  • https://rmb.gov.rw/index.php?id=23

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Activities: In summary, the main tasks planned include:

  • A prior analysis of the legal, regulatory and institutional framework of the petroleum sector in Rwanda;
  • Assessment of the needs, priorities, and concerns with respect to the revision of the GoR’s current laws and regulations;
  • Identify gaps in the GoR’s existing laws and regulations and make recommendations thereto in accordance with international standards and best practices;
  • Propose recommendations for the improvement of the regulatory and institutional frameworks of the local oil and gas sector in line with best international standards in the global industry particularly with a focus on improving the Upstream Petroleum Policy and the Petroleum Exploration and Production Activities Law; and
  • Draft an initial report highlighting key challenges to harnessing the petroleum sector in Rwanda and provide recommendations on how to improve the legal framework particularly on the country’s Upstream Petroleum Policy and the

Petroleum Exploration and Production Activities in line with international standards and best practice.

Workstream 2: Draft a revised Upstream Petroleum Policy Paper

Objective: To draft a revised and updated Upstream Petroleum Policy paper thatmeets the country’s reform agenda and that is in line with internationally recognized standards and best practices.

Activities: The selected Consultant will perform all the activities necessary to achievethe above-stated objectives of this workstream including, without limitation, the following:

  • Develop a revised upstream petroleum policy paper that captures the country’s plans for the petroleum sector. This work stream will involve:

o    Consultations with government officials from RMB and relevant stakeholders (depending on permitting circumstances these meetings may be in person or virtual meetings);

  • Provide policy recommendations and draft a policy paper that will guide decision makers on the optimal management of Rwanda’s petroleum exploration and production activities.

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Workstream 3: Propose relevant amendments to the Petroleum Exploration and Production Law No. 13/2016 of 02/05/2016 and develop a revised draft thereon (“Petroleum Exploration and Production Law”)

Objective: To draft an amended Petroleum Exploration and Production Law.

Activities: The selected Consultant will perform all the activities necessary to achievethe above-stated objectives of this workstream including, without limitation, the following:

  • Conduct a review of the Petroleum Exploration and Production Law in line with global trends and industry best practices;
  • Provide a report proposing amendments to the Petroleum Exploration and Production Law; and
  • Develop a draft amended Petroleum Exploration and Production, Law.

Workstream 4: Capacity building

Objective: Ensure that government officials are well versed in the proposed draftamended Petroleum Exploration and Production Law and the contents of the draft policy paper.

Activities: Organize one workshop (over the course of four to five days) for therelevant representatives of the GoR, and other institutions involved, as well as for local lawyers on the developed draft policy paper and the proposed amendments to the Petroleum Exploration and Production Law.

  • Detailed explanation on the draft Petroleum Law developed;
  • The reasoning and explanations of the proposed recommendations and policy directions;
  • Any topics identified by the GoR during the development and implementation of the Project for which it requests additional capacity building training related to the subject matter of the Project.

The Consultant must work in close collaboration with members of the Implementing Agency and the Government with which they shall be in contact in order to facilitate an exchange of know-how and knowledge for capacity building in Rwanda.

This training shall be organised either in Kigali, Rwanda if conditions permit or remotely subject to modalities to be mutually agreed between the Government, ALSF and the Consultant and must be conducted during the realisation of the mission.

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  1. ii.            Outputs

The recruited Consultant will be responsible for advising the Government on the workstreams described above. The services include the following outputs:

  • An inception report highlighting key challenges to harnessing the oil and gas sector in Rwanda and provide recommendations on how to improve the sector in line with international standards and best practice;
  • A Revised Upstream Petroleum Policy Paper;
  • A report on the proposed amendments to the Petroleum Exploration and Production Law together with explanatory notes;
  • An end-of-mission report summarizing the activities undertaken including highlights of the proposed amendments to the Petroleum Exploration and Production Law. Report should attach the approved draft Policy Paper and draft amended draft amended Petroleum Exploration and Production.
  • Design and preparation of teaching content and organisation of the training programme, particularly preparation of the following documents for the capacity building:
  • A summary of the proposed teaching content;
  • A draft programme of the workshop, then a final programme ;
  • The documents (PowerPoint presentations, Excel models or others) for reprography and to be used by the participants; and
  • The bibliographical references, and if possible, a copy of the documents that complete the interventions.

ALSF shall closely monitor the relationship between Government and the selected Consultant in order to ensure that the Project’s forecast results have well and truly been attained.

  • QUALIFICATIONS AND EXPERIENCE REQUIRED

Education

  • Master’s degree or equivalent in Law, or a first degree plus a relevant combination of academic qualification in law (e.g. Juris Doctor);
  • Admission to the Bar of (or a diploma to practice law in) a member country of the African Development Bank.

Experience:

  • At least 10 years of relevant work experience, and good knowledge of the extractives sector in Africa.

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Job Knowledge & Expertise:

  • Work experience advising government and international agencies in Africa in the oil and gas sector;
  • Knowledge of formulating government policies and expertise in drafting legislation touching on the petroleum and/or extractives sector;
  • Good understanding of the oil and gas sectors in the East Africa region;
  • Good legislative drafting expertise;
  • Demonstrated effective coordination skills and the ability to work under pressure to complete multiple tasks and meet deadlines;
  • Demonstrated excellent technical skills, excellent communication and interpersonal skills, good writing and analytical skills;
  • Ability to communicate and write effectively in English;
  • IT competence in the use of standard software such as MS Word, Power Point and Excel.

Language Requirements:

  • Fluency in English.

Proposed Implementation Schedule.

The provisional schedule of the Consultant’s mission is indicated in the following table:

Actions Proposed date and duration
   
   
Invitation for expression of interest and request for proposalJanuary 2021
   
Deadline for the submission of questions on the request for20January 2021
proposal  
   
Deadline  for  expression  of  interest  together  with  the25January 2021
submission of technical and financial proposals  
   
Recruitment of the Consultant15February 2021
  
Workstream 1March 2021
  
Workstream 2March 2021
  
Workstream 3:March – April 2021
   
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Workstream 4:April – May 2021
  
End of mission14 May 2021
  

The selected Consultant shall apply internationally recognised working methods and standards for the realisation of this type of State advisory and institutional support mission. They must offer the Government a suitable methodology.

  • DURATION, LANGUAGE AND REPORTING

The duties will be carried out over three (3) months. The Consultant shall be expected to start in February 2021.

All documents prepared and submitted by the Consultant shall be in English. The Consultant shall report to the RMB (“Implementing Agency”) and he/she shall prepare monthly progress reports on the activities undertaken each month. A copy of these reports shall be shared with ALSF.

6.    PROPOSAL CONTENT

The proposals must be sent to the ALSF by 25 January 2021 at 18h00 GMT and must include a technical proposal and a financial proposal.

  1. Technical Proposal

The Technical Proposal must include the following:

  1. Legal expertise, qualification and professional experience including with regard to the petroleum sector, legal drafting, policy formulation and handling matters on behalf of governments and international institutions. The applicant shall hold at least a Master’s degree or equivalent in law, and be admitted to the Bar or hold a diploma to practice law in an AfDB member country. Alternatively, a first university degree plus a relevant combination of academic qualification in law (e.g. Juris Doctor) plus admission to the Bar, or diploma to practice law in an AfDB country. The Consultant shall have previous experience working in an established international law firm, international oil company, government institution, or an international financial institution with proven technical competence and experience in development of legal framework, particularly in the petroleum sector. Experience with a Development Bank and knowledge of Multilateral Finance Institutions is highly desirable;
  • Experience and knowledge of Rwanda or the relevant sub-region, as well as the legal, economic and socio-political situation;
  • Commitment to capacity building, particularly in Africa as well as emphasis on methodologies and strategies to transfer skills to national relevant counterparts;

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d.   Demonstrated excellent technical skills, excellent communication and interpersonal skills, good writing and analytical skills;

  • Proposed methodology including:
  1. Understanding of the ALSF and Government expectations (including appreciation of issues at stake in the project);
  1. Overview of the proposed methodology for approaching each of the workstreams (scenarios, strategy, action plan, and proposed stages); and
  1. Implementation schedule of the entire mission and each phase ie work plan;
  • Potential conflicts of interest;
  • Adequacy for the assignment: 3 to 5 recent and relevant case studies concerning the performance of this type of mission and experience in similar conditions mentioning the following data.
PerformanceCountry (includingDescription of the mission and tasks
periodpartyrepresented,performed (nature of intervention, role
 contact information ofplayed   by   each   member   of   the
 a person who may beproposed team, issues dealt with in the
 contacted(name,project, etc.)
 position, telephone 
 number, email)) 
     
     
     
  1. Financial proposal

The Financial Proposal will consist of a fixed fee corresponding to a non-revisable lump sum (comprising fee, subsistence or other incidentals) for the duration of the assignment.

  1. Annexes

CV of the Consultant (including contact details, language capabilities, citizenship, registration/certificates of good standing, etc.).

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  • 7.    CONFLICTS OF INTEREST

Your client in this matter will be the Government of Rwanda and the Rwanda Mines, Petroleum and Gas Board. In your proposal, please state any necessary information related to potential and/or real conflicts of interest related to this project.

In the situation where a conflict of interests arises, we invite the Consultant to propose measures to minimize potential conflicts of interests.

Any Consultant who would like to submit an offer in the context of these terms of reference should carry out all the necessary investigations and formally confirm that there is no existing or potential, real or apparent conflict of interest for the realisation of the mission.

  • EXPRESSION OF INTEREST AND SUBMISSION OF PROPOSALS

Interested individual consultants may obtain further information by email to Mrs.

Mariam Mohammed, Senior Legal Counsel at ALSF (m.mohammed@afdb.org).

Expressions of Interest together with the technical and financial proposals must be received jointly by email to alsf@afdb.org, copying Mrs Mariam Mohammed, Senior Legal Counsel (m.mohammed@afdb.org), no later than 25 January 2021 at 18h00

GMT, specifically mentioning “ALSF – Legal Consultant – Rwanda Oil and Gas Capacity Building Project” in the subject heading.

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