Full Time
Kathmandu
Posted 1 year ago
Applications have closed

Website USAID Nepal

Legal Specialist

SOLICITATION NO.: 72036723R10010
ISSUANCE DATE: 09/13/2023
CLOSING DATE/TIME FOR RECEIPT OF OFFERS: 10/04/2023 (17:00 Nepal time)
POINT OF CONTACT: USAID/Nepal HR office, email at usaidnepalhr@usaid.gov
POSITION TITLE: Legal Specialist
NUMBER OF VACANCIES: ONE (1)

7. MARKET VALUE:. Final compensation will be negotiated within the market value for the position equivalent to FSN-11 level in accordance with AIDAR Appendix J and the Local Compensation Plan (LCP) of U.S. Embassy-USAID/Nepal. The LCP consists of the local
salary schedule, which includes salary rates, authorized fringe benefits, and other pertinent facets of compensation.

8. PERIOD OF PERFORMANCE: Estimated to start o/a February 1, 2024 through o/a January 31, 2029. (depending on the security clearance process)
Employment under this contract is of a continuing nature. Its duration is expected to be part of a series of sequential contracts; all contract clauses, provisions, and regulatory requirements concerning availability of funds and the specific duration of this contract shall apply.

9. PLACE OF PERFORMANCE: Kathmandu, Nepal

10. ELIGIBLE OFFERORS: All interesting candidates – Cooperating Country Nationals (CCNs)
AIDAR, Appendix J. 1 (b) Definitions:
(6) “Cooperating country “means the country in which the employing USAID Mission is located.
(7) “Cooperating country national” (“CCN”) means an individual who is a cooperating country citizen or a non-cooperating
country citizen lawfully admitted for permanent residence in the cooperating country.

11. SECURITY LEVEL REQUIRED: Facility and computer access.
12. STATEMENT OF DUTIES
This position is located in the Kathmandu Office of United States Agency for International Development (USAID/Nepal) under the direct line supervision of the Resident Legal Officer, Foreign Service Officer Direct Hire. The primary focus of this position will be to provide legal advice, research, and counsel on matters of US, international and local law in Nepal. The Legal Specialist will also represent the Resident Legal Office (RLO) at meetings with Mission, Embassy, and Nepal Government officials.

The Legal Specialist’s duties/responsibilities involve the full range of consultative, advisory, monitoring, management, data collection and analysis, and evaluative aspects of providing legal advice and counsel to USAID/Nepal on a variety of legal matters, with a focus on local law matters related to Mission programs and operation, taxation of assistance and other bilateral issues arising with the Government of Nepal. The Legal Specialist also supports the Resident Legal Officer on matters related to ethics, compliance and safeguarding, diversity equity inclusion and accessibility (DEIA), and equal employment opportunity (EEO).

The Legal Specialist counsels, collaborates and coordinates with Mission colleagues in Nepal and works with US Embassy colleagues regarding matters of local law and privileges and immunities under international law including issues related to taxation and customs duties. They also collaborate with colleagues from the donor community, USAID partners, all levels of government in Nepal and non-government organizations. The job holder may be expected to perform work related travel.

The Major Duties and Responsibilities include:
A. Legal Advice and Counseling Responsibilities (60%)

1. Provides legal advice and counsel to the Mission and its staff on local law matters relating to USAID and USAID/Nepal programs and operations. Works along with the program and technical offices, as well as OAA, OFM, and EXO as requested, in the design and implementation of activities. Provides local legal advice and counsel to the RLO to maximize the effectiveness of USG’s participation in negotiations on proposed private sector engagement efforts.
Provides legal advice on all legal aspects of taxation of assistance and registration; and represents the Mission in meetings with the Government of Nepal and other donors regarding legal issues. Participates in working groups to develop implementing procedures for tax and customs exemptions including as necessary, analyzing and drafting modifications to local laws.
Elaborates, review and analyses of memoranda of understanding, interpretation of bilateral agreements, and other legal documents. Participates in negotiations on proposed memoranda and agreements. Drafts and/or reviews for legal sufficiency local leases and contracts, including contracts for procurement of goods and services funded by USAID.
Stays current with the laws and regulations of Nepal. Maintains familiarity with the laws of the United States (including the Foreign Assistance Act (FFA), Foreign Service Act (FSA) and annual appropriations acts), regulations affecting USAID programs and operations (including the Federal Acquisition Regulations (FAR), USAID Acquisition Regulations (AIDAR) and Office of Management and Budget (OMB) Circulars), the worldwide Automated Directive System (ADS), the Foreign Affairs Manual (FAM) and the Standard Rules of Ethical Conduct.
Analyzes and evaluates policies, legislative and regulatory developments that affect USAID program activities and prepares analytical reports for key officials of the Mission. Advises Mission personnel on their proposed contacts with government officials and donors, e.g., what approach to use, and what to look for or to avoid.

B. Partner Communications and Liaison (25%)

Liaises with donors, government officials, and partners to identify and resolve legal and ethical issues affecting overall USG operations and USAID program performance throughout Nepal.
Participates in the meetings, including high-level meetings with the Ambassador, DCM, Mission Director, Deputy Mission Director and government officials of Nepal, in order to recommend solutions to legal and ethical issues identified.
Writes legal opinions and briefs regarding questions of Government of Nepal (local) laws and reviews program material for soundness and accuracy with respect to local laws. Drafts proposed letters to Ministry officials and advises on political ramifications.
Works along with the RLO in matters of compliance and safeguarding, equal employment opportunity (EEO), and diversity, equity, inclusion, and accessibility (DEIA); provides training to staff and implementing partners as directed.
Works along with the RLO in managing and developing ethics and other compliance related training.

C. Official Interaction and Association (15%)

Builds and maintains a productive professional working relationship with the following parties: all categories of Mission employees (e.g., USAID/Nepal and other US Government agencies as assigned), local and international implementing partners), Nepal government officials as assigned and coordinated through the RLO and the US Embassy as appropriate, USAID/Washington’s Office of General Counsel, the Asia Bureau, and reform/rule of law programs and activities as needed.
Obtains information through direct liaison with senior Government officials including key ministries and others as necessary. Maintains contacts with members of the private bar and judicial officials on matters of local law.

13. PHYSICAL DEMANDS
The work requested does not involve undue physical demands.
II. MINIMUM QUALIFICATIONS REQUIRED FOR THIS POSITION
a. Education: A Bachelor’s degree in law is required.

b. Prior Work Experience: Minimum of seven (7) years of progressively responsible experience in a law/legal office is required. Prior work experience with an international organization (particularly bilateral and multilateral donors), NGO or a large government
establishment or private organization is required. The job holder’s professional experience must also include experience in legal drafting, editing, and research.

c. Language Proficiency: Level IV (Fluent) English proficiency in speaking, reading and writing is required.

d. Job Knowledge:

A comprehensive knowledge of the concepts, principles, techniques and practices in the area of law is required.
The knowledge of taxation, labor law, contracts, and business and non-profit organizations, structures and registration requirements is required.
Knowledge of relevant government and non-government entities is critical to the successful performance of the duties assigned to this position and therefore, required.

e. Skills and Abilities:

Must have the ability to communicate effectively and accurately in both written and oral communications.
Must be able to transmit and interpret the Government and non-governmental sector legal and/or program-related concerns to senior officials, Mission Management and when necessary or required to other sections, agencies and departments across the
Embassy.
Must be able to prepare briefing documents including legal memoranda, legal opinions, and Memoranda of Understanding. Must also be able to prepare reports, correspondence, and documents in a professional and competent manner requiring little or no editorial changes (in English).
Must have excellent interpersonal skills and the ability to work effectively as a team member.
Must be able to work effectively under pressure, demonstrate extreme flexibility and effectively manage more than one issue/activity at a time.
Must be able to work effectively as a team member in established culturally diverse team environments.
Must be willing and able to travel throughout Nepal as/when necessary or requested in direct support of the Resident Legal Officer’s responsibilities, objectives and goals.
Must be proficient in computer operations, specifically Google Suite Applications, especially Google Docs, Google Presentation, and Google Form and Microsoft Office (e.g., Word, Excel, PowerPoint).
A good knowledge of Nepali work culture, language and Nepal development issues and context is required so as to be able to communicate effectively and work collaboratively with stakeholders at the local levels.
The Legal Specialist is expected to effectively apply principles of equity, diversity and inclusion within all aspects of their work, including within the Mission, as part of their interactions with external stakeholders, and across relevant USAID programming and
partnerships, with the objective of bringing in the various perspectives and voices of populations and communities across Nepal for a more inclusive distribution of the responsibilities and benefits of development.

III. EVALUATION AND SELECTION FACTORS
The Government may award a contract without discussions with offerors in accordance with FAR 52.215-1. The CO reserves the right at any point in the evaluation process to establish a competitive range of offerors with whom negotiations will be conducted pursuant to FAR 15.306(c). In accordance with FAR 52.215-1, if the CO determines that the number of offers that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the CO may limit the number of offerors in the competitive range to the greatest number that will permit an efficient competition among the most highly rated offers. The FAR provisions referenced above are available at https://www.acquisition.gov/browse/index/far.

The technical evaluation committee (TEC) may conduct reference checks, including references from individuals who have not been specifically identified by the offeror, and may do so before or after a candidate is interviewed.

Following the application packages initial screening by the USAID/Caucasus HR Unit, the offerors meeting the minimum qualifications (see section II above) will be evaluated by the TEC and may be invited to participate further, including a language examination, writing
test, and potentially interview. Any offeror not receiving satisfactory reference checks will no longer be considered for the position.

Candidates will be evaluated and ranked based on the following selection criteria to a maximum score of 100 points:

1) Work Experience/20 points:

Minimum of seven (7) years of progressively responsible experience in a law/legal office is required.
Prior work experience with an international organization (particularly bilateral and multilateral donors), NGO or a large government establishment or private organization is required.
The job holder’s professional experience must also include experience in legal drafting, editing, and research.

2) Knowledge/30 points:

A comprehensive knowledge of the concepts, principles, techniques and practices in the area of law is required.
The knowledge of taxation, labor law, contracts, and business and non-profit organizations, structures and registration requirements is required.
Knowledge of relevant government and non-government entities is critical to the successful performance of the duties assigned to this position and therefore, required.

3) Skills and Ability/50 points:

Must have the ability to communicate effectively and accurately in both written and oral communications.
Must be able to transmit and interpret the Government and non-governmental sector legal and/or program-related concerns to senior officials, Mission Management and when necessary or required to other sections, agencies and departments across the
Embassy.
Must be able to prepare briefing documents including legal memoranda, legal opinions, and Memoranda of Understanding. Must also be able to prepare reports, correspondence, and documents in a professional and competent manner requiring little or no editorial changes (in English).
Must have excellent interpersonal skills and the ability to work effectively as a team member.
Must be able to work effectively under pressure, demonstrate extreme flexibility and effectively manage more than one issue/activity at a time.
Must be able to work effectively as a team member in established culturally diverse team environments.
Must be willing and able to travel throughout Nepal as/when necessary or requested in direct support of the Resident Legal Officer’s responsibilities, objectives and goals.
Must be proficient in computer operations, specifically Google Suite Applications, especially Google Docs, Google Presentation, and Google Form and Microsoft Office (e.g., Word, Excel, PowerPoint).
The Legal Specialist is expected to effectively apply principles of equity, diversity and inclusion within all aspects of their work, including within the Mission, as part of their interactions with external stakeholders, and across relevant USAID programming and
partnerships, with the objective of bringing in the various perspectives and voices of populations and communities across Nepal for a more inclusive distribution of the responsibilities and benefits of development.

TOTAL: 100 points
Reference check (Pass/Fail)
Negotiations will be conducted with the most qualified/ highest-ranked offeror at the conclusion of evaluations.

IV. SUBMITTING AN OFFER

Eligible Offerors are required to complete and submit a resume and application form DS-174.
DS-174 application form in English is available on the following link: https://eforms.state.gov/Forms/ds174.PDF
Additionally, offerors must provide a cover-page of approximately 500-750 words (1 page), expressing how the offeror’s qualifications meet the evaluation and selection factors (per section III above).
Offerors who do not submit any of the required documents (resume, DS- 174 and a cover-page) as mentioned above will not be considered further.
Offers must be received by the closing date and time specified in section I, item 3, and submitted to the Point of Contact in section I, item 4: usaidnepalhr@usaid.gov
Offeror submissions must clearly reference the Solicitation number and interested specific technical area on all offeror submitted documents.

V. LIST OF REQUIRED FORMS PRIOR TO AWARD

Once the Contracting Officer (CO) informs the successful offeror about being selected for a contract award, the CO will provide the successful offeror instructions about how to complete and submit the forms required to obtain medical and security clearances.
Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors – Please be advised that, upon award, the contractor will be required to follow the Mission policies and/or directives from the U.S. Department of State regarding COVID-19 requirements.

VI. BENEFITS/ALLOWANCES
As a matter of policy, and as appropriate, a PSC is normally authorized the following benefits and allowances:

g. BENEFITS:

Health Insurance Coverage for the selected candidate and immediate family members
Variable Contribution Fund (18.33% of the annual base salary)- Employee and Employer
Annual Bonus payment (1/12 of annual base salary)

h. ALLOWANCES:

Miscellaneous allowance NRs. 68,000 annually

VII. TAXES
Local Employed Staff are responsible for paying local income taxes.

VIII.USAID REGULATIONS, POLICIES AND CONTRACT CLAUSES PERTAINING TO PSCs

USAID regulations and policies governing CCNPSC and TCNPSC awards are available at these sources:

i. USAID Acquisition Regulation (AIDAR), Appendix J, “Direct USAID Contracts With a Cooperating Country National and with a Third Country National for Personal Services Abroad,” including contract clause “General Provisions,” available at
https://www.usaid.gov/sites/default/files/documents/1868/aidar_0.pdf
j. Contract Cover Page form AID 309-1 available at https://www.usaid.gov/forms. Pricing by line item is to be determined upon contract award as described below:

Item No (A): 0001

Supplies/Services (Description) (B)
Compensation, Fringe Benefits and Other Direct Costs (ODCs)
– Award Type: Cost
– Product Service Code: [e.g. R497]
– Accounting Info:
[USAID/Nepal funding]

Quantity (C): 1
Unit (D): LOT
Unit Price (E): $_TBD
Amount (F): $_TBD at award after negotiations with Contractor_

k. Acquisition & Assistance Policy Directives/Contract Information Bulletins (AAPDs/CIBs) for Personal Services Contracts with Individuals available at http://www.usaid.gov/work-usaid/aapds-cibs
– AAPD 21-04 Revision 3 – Executive Order 14042 on ensuring adequate COVID-19 Safety Protocols for Federal Awards – June 6, 2022
AAPD No. 21-04, ATTACHMENT 4 – Letter for contracts with performance requiring physical access to USAID domestic facilities.
AAPD No. 21-04, ATTACHMENT 5 – Letter to Individuals with Personal Services Contracts
AAPD No. 21-04, ATTACHMENT 6: Overview of Applicability of FAR 52.223-99
– AAPD 21-01 – Applicability of FAR 4.21 to USAID personal services contracts with individuals under the AIDAR Appendices D and J- March 26, 2021
– AAPD 20-08 – Leave and Holidays for CCNPSCs and TCNPSCs, including country leave for qualifying posts for eligible TCNPSCs-December 22, 2020
– AAPD 06-08 AIDAR, Appendices D AND J: using the optional schedule to incrementally fund contracts-June 23, 2006
– AAPD 03-11 Revision of Contracts/Contract Procedures for Personal Services Contracts with Foreign Service Nationals (FSNs) to Work in Iraq and Afghanistan – 12/02/03

l. Ethical Conduct. By the acceptance of a USAID personal services contract as an individual, the contractor will be acknowledging receipt of the “Standards of Ethical Conduct for Employees of the Executive Branch,” available from the U.S. Office of Government Ethics, in accordance with General Provision 2 and 5 CFR 2635.
See https://www.oge.gov/web/oge.nsf/OGE%20Regulations

m. PSC Ombudsman
The PSC Ombudsman serves as a resource for any Personal Services Contractor who has entered into a contract with the United States Agency for International Development and is available to provide clarity on their specific contract with the agency. Please visit our page for additional information: https://www.usaid.gov/work-usaid/personal-service-contracts-ombudsman.
The PSC Ombudsman may be contacted via: PSCOmbudsman@usaid.gov.

USAID/Nepal is an equal opportunity employer committed to a staff composition that reflects the social and ethnic diversity of Nepali society. We believe that social inclusion and diversity contribute to excellence. USAID/Nepal makes hiring decisions without regard for gender, gender identity, caste, race, ethnicity, disability, marital status, age (if over 40), or sexual orientation. Applicants from ALL backgrounds are encouraged to apply.

Position Description
Legal Specialist -FSNPSC-11
USAID/Nepal Front Office (FO)

BASIC FUNCTION OF THE POSITION:
This position is located in the Kathmandu Office of United States Agency for International Development (USAID/Nepal) under the direct line supervision of the Resident Legal Officer, Foreign Service Officer Direct Hire. The primary focus of this position will be to provide legal advice, research, and counsel on matters of US, international and local law in Nepal. The Legal Specialist will also represent the Resident Legal Office (RLO) at meetings with Mission, Embassy, and Nepal Government officials.

The Legal Specialist counsels, collaborates and coordinates with Mission colleagues in Nepal and workswith US Embassy colleagues regarding matters of local law and privileges and immunities under international law including issues related to taxation and customs duties. They also collaborate with colleagues from the donor community, USAID partners, all levels of government in Nepal and non-government organizations. The job holder may be expected to perform work related travel.

MAJOR DUTIES AND RESPONSIBILITIES % OF TIME

A. Legal Advice and Counseling Responsibilities (60%)

Provides legal advice and counsel to the Mission and its staff on local law matters relating to USAID and USAID/Nepal programs and operations. Works along with the program and technical offices, as well as OAA, OFM, and EXO as requested, in the design and implementation of activities. Provides local legal advice and counsel to the RLO to maximize the effectiveness of USG’s participation in negotiations on proposed private sector engagement efforts.
Provides legal advice on all legal aspects of taxation of assistance and registration; and represents the Mission in meetings with the Government of Nepal and other donors regarding legal issues. Participates in working groups to develop implementing procedures for tax and customs exemptions including as necessary, analyzing and drafting modifications to local laws.
Elaborates, review and analyses of memoranda of understanding, interpretation of bilateral agreements, and other legal documents. Participates in negotiations on proposed memoranda and agreements. Drafts and/or reviews for legal sufficiency local leases and contracts, including contracts for procurement of goods and services funded by USAID.
Stays current with the laws and regulations of Nepal. Maintains familiarity with the laws of the United States (including the Foreign Assistance Act (FFA), Foreign Service Act (FSA) and annual appropriations acts), regulations affecting USAID programs and operations (including the Federal Acquisition Regulations (FAR), USAID Acquisition Regulations (AIDAR) and Office of Management and Budget (OMB) Circulars), the worldwide Automated Directive System (ADS), the Foreign Affairs Manual (FAM) and the Standard Rules of Ethical Conduct.
Analyzes and evaluates policies, legislative and regulatory developments that affect USAID program activities and prepares analytical reports for key officials of the Mission. Advises Mission personnel on their proposed contacts with government officials and donors, e.g., what approach to use, and what to look for or to avoid.

B. Partner Communications and Liaison (25%)

Liaises with donors, government officials, and partners to identify and resolve legal and ethical issues affecting overall USG operations and USAID program performance throughout Nepal.
Participates in the meetings, including high-level meetings with the Ambassador, DCM, Mission Director, Deputy Mission Director and government officials of Nepal, in order to recommend solutions to legal and ethical issues identified.
Writes legal opinions and briefs regarding questions of Government of Nepal (local) laws and reviews program material for soundness and accuracy with respect to local laws. Drafts proposed letters to Ministry officials and advises on political ramifications.
Works along with the RLO in matters of compliance and safeguarding, equal employment opportunity (EEO), and diversity, equity, inclusion, and accessibility (DEIA); provides training to staff and implementing partners as directed.
Works along with the RLO in managing and developing ethics and other compliance related training.

C. Official Interaction and Association (15%)

Builds and maintains a productive professional working relationship with the following parties: all categories of Mission employees (e.g., USAID/Nepal and other US Government agencies as assigned), local and international implementing partners), Nepal government officials as assigned and coordinated through the RLO and the US Embassy as appropriate, USAID/Washington’s Office of General Counsel,
the Asia Bureau, and reform/rule of law programs and activities as needed.
Obtains information through direct liaison with senior Government officials including key ministries and others as necessary. Maintains contacts with members of the private bar and judicial officials on matters of local law.

QUALIFICATIONS REQUIRED FOR EFFECTIVE PERFORMANCE:
a. Education: A Bachelor’s degree in law is required.
b. Prior Work Experience: Minimum of seven (7) years of progressively responsible experience in a law/legal office is required. Prior work experience with an international organization (particularly bilateral and multilateral donors), NGO or a large government establishment or private organization is required. The job holder’s professional experience must also include experience in legal drafting, editing, and research.
c. Post Entry Training: The Legal Specialist will be expected to possess the necessary technical training and skills required to perform the duties/responsibilities required of the position. Post entry training will be focused primarily on USAID’s established policies, procedures, and regulations that govern: (1) USAID-specific laws that govern USAID’s activities and procedures including the Foreign Affairs Act, appropriations laws, and USAID regulations and policies; (2) USAID-specific activity management and procurement systems; and, (3) USAID-sponsored training in Project Design an Activity Management, and 4) Compliance and Safeguarding, DEIA, and EEO. Organized/formal training (both internal & external) may be provided from time-to-time depending on the availability of funds and when determined to be in direct support of the Regional Legal Office activities.

CCN PSCs may participate in temporary duty (TDY) travel to USAID/Washington and other Missions in order to participate in the Foreign Service National Fellowship Program described in ADS 495maa.

d. Language Proficiency: Level IV (Fluent) English proficiency in speaking, reading and writing, is required.

e. Job Knowledge:

A comprehensive knowledge of the concepts, principles, techniques and practices in the area of law is required.
The knowledge of taxation, labor law, contracts, and business and non-profit organizations, structures and registration requirements is required.
Knowledge of relevant government and non-government entities is critical to the successful performance of the duties assigned to this position and therefore, required.

f. Skills and Abilities:

Must have the ability to communicate effectively and accurately in both written and oral
communications.
Must be able to transmit and interpret the Government and non-governmental sector legal and/or program-related concerns to senior officials, Mission Management and when necessary or required to other sections, agencies and departments across the Embassy.
Must be able to prepare briefing documents including legal memoranda, legal opinions, and Memoranda of Understanding. Must also be able to prepare reports, correspondence, and documents in a professional and competent manner requiring little or no editorial changes (in English).
Must have excellent interpersonal skills and the ability to work effectively as a team member.
Must be able to work effectively under pressure, demonstrate extreme flexibility and effectively manage more than one issue/activity at a time.
Must be able to work effectively as a team member in established culturally diverse team environments.
Must be willing and able to travel throughout Nepal as/when necessary or requested in direct support of the Resident Legal Officer’s responsibilities, objectives and goals.
Must be proficient in computer operations, specifically Google Suite Applications, especially Google Docs, Google Presentation, and Google Form and Microsoft Office (e.g., Word, Excel, PowerPoint).
A good knowledge of Nepali work culture, language and Nepal development issues and context is required so as to be able to communicate effectively and work collaboratively
The Legal Specialist is expected to effectively apply principles of equity, diversity and inclusion within all aspects of their work, including within the Mission, as part of their interactions with external stakeholders, and across relevant USAID programming and partnerships, with the objective of bringing in the various perspectives and voices of populations and communities across Nepal for a more inclusive distribution of the responsibilities and benefits of development.

POSITION ELEMENTS:

Supervision Received: The Legal Specialist will work under the supervision of the Resident Legal Officer or his/her designee.
Supervision Exercised: Supervision of other USAID staff is not contemplated.
Available Guidelines: The Legal Specialist is required to understand international law, conventions and treaties, USG and USAID specific laws and regulations, policies and procedures in addition to USAID including mission specific established administrative operating procedures, policies and formats. Oral guidance from the RLO and specific detailed instructions will be given (when necessary) for carrying out unique assignments. The Legal Specialist will be required to be proactive in keeping informed of laws, regulations and policies which affect the USG and USAID policies, procedures and operations including but not limited to programming policies, the Automated Directives System (ADS), Mission Orders, Mission Notices, USG Procurement regulations, and USAID and U.S. Government Program Strategy and Policy Documents including those documents for Nepal.
Exercise of Judgment: In instances not clearly covered by written guidelines, the Legal Specialist will use her/his own personal, well-informed judgment in devising innovative approaches to resolving legal and/or policy problems. Excellent (balanced) judgment must be exercised in setting priorities. The use of initiative, discretion and patience is expected from the Legal Specialist in dealing with the U.S. Embassy, USAID/Nepal personnel as well as representatives from other donor organizations to resolve problems that arise during the course of work for which there is often no clear or immediate solution. In addition, considerable judgment is required in working effectively with officials in the national, regional, and local host governments and any relevant ministry or sub-agency as assigned and if needed and coordinating multi-sectoral efforts in support of U.S. Government and USAID legal, policy and development objectives, and in collecting, analyzing and reporting on actions. The Legal Specialist will also be required to follow and adhere to the USG Standards of Ethical Conduct.
Authority to Make Commitments: The Legal Specialist will have no independent authority to commit U.S. Government (USG) including USAID/Nepal funds on behalf of the U.S. Government.
Nature, Level, and Purpose of Contacts: The Specialist creates and maintains a full range of contacts within USAID and with the USG both in-country and in Washington; with national, and host- government officials; with other international donors, civil society groups; private sector; and with implementing partners or grantees. Within the Mission, contacts are at all staff levels, including up to the Mission Director level, as needed. For external, host-country contacts, these vary widely, depending on the activity being implemented and may be at any level. Frequent and substantive contacts with officials and counterparts at the highest levels (such as undersecretaries or secretaries, Chief Executive Officers of private firms, university presidents and senior education advisors or sectoral leads in donor agencies) are done in support of the education office objectives of the Mission with activities ranging from briefing these external stakeholders on USG education activities, participating in high-level for a or conferences or in negotiating US-Nepal bilateral agreements.The Legal Specialist must also have the ability to establish and maintain contacts at all levels of the Government of Nepal (i.e., from the community level to the Secretarial level) and with stakeholders in the non-governmental arena in order to explain USAID legal authorities, governing laws and regulations, policies, objectives and procedures. The Legal Specialist will be required to establish and maintain solid working relationships with all categories of Mission personnel to function effectively.The Legal Specialist will be required to work closely with: 1) US Government Mission technical staff US Embassy and USAID, government officials and non-governmental officials (such as Directors of NGOs and community organizations), private sector representatives, and other foreign donor institutions (i.e., UNDP, DFID, World Bank, EU, etc). The established method of communication/contact will be in person, by phone or written communications. The purpose of contact will be: 1) to maintain open lines of communication in support of USAID legal and policy issues; 2) to maintain regular communications; 3) to collect, obtain, and verify factual information; 4) to monitor and evaluate legal issues and existing activities on a regular basis; and 5) to gather information needed for reporting information to the RLO and others including Mission Management and the US Embassy. The purpose of contacts will range from simple information gathering to assisting in identifying and resolving complex legal and policy issues. Consultations between the Legal Specialist and partners can be held for explaining and resolving legal and ethical issues, securing cooperation, resolving possible programmatic problems, obtaining or furnishing information, and persuading USAID staff and counterparts to take actions and accept recommendations.
Time Expected to Reach Full Performance Level: One yea

Tagged as: Kathmandu, Legal Specialist, NGO INGO, USAID

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