Federated States of Micronesia: Pacific Islands Regional Oceanscape Program - Second Phase for Econo

REQUEST FOR EXPRESSIONS OF INTEREST (REOI)

SELECTION OF AN INDIVIDUAL CONSULTANT

Country: Federated States of Micronesia

Name of Project: Federated States of Micronesia: Pacific Islands Regional Oceanscape Program - Second Phase for Economic Resilience (P178237)

Grant No.: IDA-V381-FM

Assignment Title: UNCLOS Compliance Legal Consultant

Reference No. : FM-DOFA-282381-CS-INDV

The Federated States of Micronesia has applied for financing from the World Bank toward the cost of the Pacific Islands Regional Oceanscape Program – Economic Resilience (PROPER), and intends to apply part of the proceeds for the following consulting services. 

The consulting services (“the Services”) include supporting the sustainable development of FSM’s resources in the exclusive economic zone (EEZ), review national laws and procedures compatibility with Article 73 of UNCLOS, and propose measures or instruments that will remedy any non-compliance with the Article including presentation to relevant national staff of such measures.

The detailed Terms of Reference (TOR) for the assignment can be found at the following websites: dofa.gov.fm or norma.fm.

The Department of Finance & Administration now invites eligible individuals (“Consultants”) to indicate their interest in providing the Services. Interested Consultants should provide information demonstrating that they have the required qualifications and relevant experience to perform the Services (attach curriculum vitae with description of experience in similar assignments, similar conditions, etc. and contact details of two references). 

The criteria for selecting the Consultant are:
 

Mandatory Requirements:

• Postgraduate degree in law.
• 5 years’ experience in drafting of legal instruments for a public institution/ Government body;
• Demonstrated knowledge in implementation of relevant international legal instruments, especially UNCLOS.

Desirable:

• Working knowledge of FSM/Pacific legal systems, natural resource management and/or fisheries is desirable.
• Previous work in a World Bank or development partner funded.
• At least three (3) assignments involving cooperation and interaction with government bodies, parliamentarians, think-tanks and non-governmental organizations.
   

 The consultancy will be for a period of 5 weeks and consultant is expected to commit 15 person-days to deliver outputs. 

The attention of interested Consultants (including firms) is drawn to paragraph 3.14, 3.16 and 3.17 of the World Bank’s Procurement Regulations for IPF Borrowers, 4th Edition, November 2020 (“the Regulations”), setting forth the World Bank’s policy on conflict of interest.

Further information can be obtained at the address below during office 0800 to 1700 hours Pohnpei local time.

Expressions of interest must be delivered in a written form to the address below (in person, or by mail, or by fax, or by e-mail) preferably by Monday, August 15th, 2022.

Secretary, Department of Finance & Administration

Attn: Mr. Kwame Shiroya, CIU Program Manager

P.O. Box PS-158

Palikir, Pohnpei, 96941

Federated States of Micronesia

Tel: (691) 320-2639/2640

E-mail: kwame.shiroya@dofa.gov.fm and

copy to ciu.dofa@gov.fm

Terms of Reference (TOR)

BACKGROUND

Federated States of Micronesia (FSM) has received financing from the World Bank for the preparation of the phase 2 of the Pacific Islands Regional Oceanscape Program (PROP) Project. PROP comprises a series of projects, which includes separate national projects in the Federated States of Micronesia (FSM), the Republic of the Marshall Islands (RMI), Tuvalu and the Solomon Islands, and a separate but complementary regional project implemented by Forum Fisheries Agency (FFA).  Projects in Kiribati, Tonga and Samoa have also recently joined the program.

The PROP development objective is to strengthen the shared management of selected Pacific Island oceanic and coastal fisheries, and the critical habitats upon which they depend. This will provide the basis for sustainable and increased economic benefits to the participating Pacific Island countries from this resource.

The Project has achieved good results, both in FSM and for other participating countries since it was initiated in 2015, and FSM phase 1 was concluded in 2021.  Implementation of the Phase 1 was led by the FSM National Oceanic Resource Management Authority (NORMA) for oceanic fisheries and by FSM Department of Resources & Development (DRD) for coastal fisheries.  However, there is much related work to be done, and the fisheries sector in the region continues to evolve quickly, creating new opportunities and challenges for small island developing states like the FSM. The Government has agreed in principle with the World Bank to include a second phase of the project with commitment of national IDA funding and leveraging regional IDA funds. 

The FSM Department of Finance & Administration (DoFA) is the implementing agency for the preparatory phase of the 2nd phase of the PROP Project, now called the Pacific Regional Oceanscape Program – Economic Resilience (PROPER), and the primary preparatory activity is to develop a project document that proposes activities for PROPER that builds on Phase 1 outcomes and addresses sustainable needs of the FSM in fisheries and associated ecosystem management and protection.  Furthermore, a pre-requisite to World Bank financing of activities involving the EEZ as a coastal state is compatibility of national laws and protocols with international laws, and in particular, Article 73 of the United National Convention on Law of the Seas (UNCLOS).  DoFA therefore requires the services of a legal consultant to re-assess FSM’s compliance with Article 73 of UNCLOS and to draft specific legal or administrative remedies in response to identified non-compliance to ensure FSM full compliance with said Article. The Consultant will work with the on-the-ground support from the Project team and government counterparts, particularly Department of Justice (DOJ) to undertake services within COVID19 travel restrictions as needed. The consultancy is to be completed at the consultant home office and no in country travel is required 

OBJECTIVE

The objective of the assignment is to support the sustainable development of its resources in the exclusive economic zone. 

The purpose is to review national laws and procedures compatibility with Article 73 of UNCLOS and propose measures or instruments that will remedy any non-compliance with the Article including presentation to relevant national staff of such measures.

Article 73 of UNCLOS is as follows:

Enforcement of laws and regulations of the coastal State

1. The coastal State may, in the exercise of its sovereign rights to explore, exploit, conserve and manage the living resources in the exclusive economic zone, take such measures, including boarding, inspection, arrest and judicial proceedings, as may be necessary to ensure compliance with the laws and regulations adopted by it in conformity with this Convention.
2. Arrested vessels and their crews shall be promptly released upon the posting of reasonable bond or other security.
3. Coastal State penalties for violations of fisheries laws and regulations in the exclusive economic zone may not include imprisonment, in the absence of agreements to the contrary by the States concerned, or any other form of corporal punishment.
4. In cases of arrest or detention of foreign vessels the coastal State shall promptly notify the flag State, through appropriate channels, of the action taken and of any penalties subsequently imposed.

SCOPE OF THE CONSULTANCY

The Consultant will undertake at least the following key activities to fulfill the objectives and purpose of the assignment:

1. Review the current compliance documents to obtain an understanding of the context of the legal operating environment and compliance with Article 73 of UNCLOS; 
2. Conduct an assessment of national and state level FSM laws’, regulations’ and procedures’ compliance with Article 73 of UNCLOS and propose appropriate measures to remedy any gaps, inconsistencies or non-compliance identified under the assessment;  
3. Design and conduct a needs assessment of the current institutional agreements and coordination mechanisms and their efficiency with regards to compliance;
4. The consultant may refer to the assessment undertaken under PROP Phase I to validate or update recommendations and propose additional recommendations that may be needed to ensure compliance.  The assessment report from this consultancy may also reproduce sections of the PROP Phase I consultant report to the extent that the PROP1 consultant report remains relevant.  Assessment may include review of the following: a)Whether the chain of command for national law enforcement units that are deployed on monitoring, control and surveillance missions are under the control of an authorized fisheries officer, and that such missions are civilian in nature; and b) Whether FSM’s laws, enforcement processes and proposed project MCS activity procedures are consistent with UNCLOS and more specifically addressing Articles 73(2-4) as above.
5. In consultation with FSM Government relevant Departments including DOJ and other Implementing Agencies, draft legal, administrative or project level measures (laws, protocols, procedures or formal statements) that are recommended by Consultant and approved by FSM Government that can ensure FSM’s full compliance with Article 73 of UNCLOS.  Measures could include specific proposals on how any inconsistencies with Article 73 of UNCLOS would be addressed or current proposed changes could be strengthened to ensure changes made to the Act do not create a loop hole for IUU;
6. Conduct a power point presentation for project, Implementing Agencies’ and/or FSM legal staff on UNCLOS article 73 and measures drafted.

DELIVERABLES, TIMETABLE AND PAYMENT CONDITIONS

Payment would be in Lump-sum against specific deliveries based on table below. 

 EXPERTISE REQUIREMENTS AND SELECTION CRITERIA

Mandatory Requirements:

• Postgraduate degree in law
• 5 years’ experience in drafting of legal instruments for a public institution/ Government body;
• Demonstrated knowledge in implementation of relevant international legal instruments, especially UNCLOS.

Desirable:

• Working knowledge of FSM/Pacific legal systems, natural resource management and/or fisheries is desirable.
• Previous work in a World Bank or development partner funded.
• At least three (3) assignments involving cooperation and interaction with government bodies, parliamentarians, think-tanks and non-governmental organizations.

DURATION OF THE CONSULTANCY AND INDICATIVE REMUNERATION

The consultancy will be for a period of 5 weeks commencing in August 2022 and consultant is expected to commit 15 person-days to deliver outputs.  Cost of consultancy is negotiable but to be based on international market rates.