USAID MISRA is looking for a Legal Consultant in regulation of food service industry sector

 SCOPE OF WORK

Position:                                 Legal Consultant in regulation of food service industry sector (further Consultant)

Program:                                USAID Moldova Institutional and Structural Reforms Activity (MISRA)

Location:                                Chisinau, Moldova

Period of Performance:        October 2023 - July 2024

Total Level of Effort:             up to 30 days

Work Plan Activity:             Mitigation of regulatory burden disparity between SMEs and large companies

Project Background:

The USAID Moldova Institutional and Structural Reform Activity (MISRA) is a five-year project funded by the United States Agency for International Development (USAID) and implemented by Nathan Associates LLC. MISRA’s objective is to stimulate a sustainable and inclusive recovery from the regional crisis, improve the institutional, business, and trade enabling environment in Moldova by supporting Moldova’s public institutions and the private sector to accelerate the implementation of trade liberalization mechanisms, adopt structural and investment climate reforms, accelerate financial sector reforms, improve economic governance in the public sector, and enhance strategic communications between the private and public actors. MISRA builds on prior and ongoing USAID and US Government activities in the business enabling environment and trade facilitation space to strengthen Moldova’s economic growth and resilience, and by doing so, increase transparency and accountability.

Overview  

Streamlining the regulatory burden on small and medium-sized enterprises (SMEs) is crucial, as regulations often disproportionately impact SMEs in comparison to larger companies. Enhancing the precision of impact assessments concerning the regulatory burden on SMEs equips public authorities with more effective tools to find solutions and alleviate these effects. This may entail addressing distinct SME categories (micro, small, medium enterprises) separately, if required. For instance, granting SMEs exemptions from specific legal provisions or adopting simplified legislation and administrative procedures can level the competitive field with larger companies. In 2023, MISRA, in cooperation with the Secretariat of the Economic Council to the Prime Minister, developed SME test guidelines. The next step for MISRA is to carry out pilot testing of SME guidelines. The two primary expected outcomes of this pilot are as follows: a) identifying measures to minimize adverse impacts and maximize benefits for SMEs, resulting in corresponding normative and legal amendments, and b) providing inputs for improving SME test guidelines. The food service industry sector of the economy was chosen as the pilot area for the SME test. This industry is characterized by a diverse range of businesses varying in size and turnover. Moreover, the food service sector is subject to complex regulatory requirements driven by the imperative to ensure public health and safety, uphold food quality, and protect consumers from potential hazards. All these factors make the food service industry sector highly suitable for piloting the SME guidelines.

The Consultant will assist MISRA in carrying out the pilot testing of SME guidelines for regulations in the food service industry sector.   

Tasks

The Consultant will carry out the following tasks:

Task 1. Identify the legal and normative acts that regulate the activity of the food service industry sector of the economy.

Task 2. From the identified legal and normative acts that regulate the activity of the food service industry, identify provisions that create the following impacts at the start of businesses and during their operations:

1. Compliance costs, which might include the following:
   1. Charges. Regulations could affect SMEs by imposing the payment of fees, levies, or taxes.
   2. Administrative costs. These are the costs of administrative activities that the businesses must carry out when complying with the information obligations imposed by regulation. The followings are examples of information obligations: registration in official registers, presentation of periodic reports, application for permissive acts, notification on the conduct of certain activities or events, conduct of inspections / investigations by businesses over various aspects of business for purposes of compliance with legal requirements, cooperation with inspection bodies, development and updating of various plans and keeping registers, request for financial support from public authorities, labeling of information for third parties.
   3. Substantive compliance costs. These costs refer to the expenses incurred by businesses to adhere to the substantive requirements of regulations. These costs are associated with ensuring that the content and essence of these requirements are met. Substantive compliance costs can include various expenses such as equipment, material costs, etc.
2. Benefits. These might include allocation of resources, such as subsidies, better access to finance and other benefits.

Task 3. Describe the impacts of the identified provisions on different types of SMEs, i.e., micro, small, and medium enterprises, comparing disproportionate implications among them and with large enterprises.

Task 4. Assist MISRA in collecting data for the assessment of compliance costs and benefits, including from businesses, and provide inputs/feedback on the results of the assessment.

Task 5. Participate in discussions of the results of the assessment.

Deliverables

1. List of identified provisions that impact businesses in the food service industry at the start and during their operations by November 30, 2023.
2. Description of the impacts of identified provisions on different types of SMEs, i.e., micro, small, and medium enterprises, comparing disproportionate implications among them and with large enterprises by January 15, 2024.

Supervisory Responsibilities and Reporting

The Consultant will report to the Deputy Chief of Party/Lead of Component 2 and the Senior Structural Reform Expert.

Skills and Qualifications

• Master’s degree in Law or Public Policy.
• At least 7 years of experience in analyzing and drafting legal/normative acts preferred.
• Demonstrated knowledge and experience related to food service industry sector.
• Experience in working with public authorities preferred.
• Fluency in written and spoken Romanian language.

How to Apply

We welcome your CV and preferably cover letter at Moldovajobs@nathaninc.com. Please apply by September 24, 2023, with “Legal Consultant in regulation of food service industry sector” in the subject line. This short-term position will remain open until filled.