Legal Advisor for National Communications Authority (NCA) (Individual Consultant)

1.       Background: The National Communications Authority (NCA) is the regulatory body for the communications sector in Somalia. The NCA was established through the Communications Act of 2017, and its mandate is to regulate the Communications sector, including telecommunications, Internet, broadcasting, Information and Communications Technology, and e-commerce services. The NCA is responsible for facilitating the development of the ICT sector, enabling and ensuring fair and sustainable competition, carrier interconnection, transparency in implementing the Communication Law, protecting consumer interests and rights, and maintaining its role as an independent regulator. As the telecommunications and ICT sectors in Somalia continue to evolve rapidly, the NCA requires legal consultancy services to support its regulatory functions and provide expert legal advice on various legal matters related to the telecommunications and ICT sectors.

The Federal Government of Somalia is implementing the World Bank-financed Somalia Capacity Advancement, Livelihood and Entrepreneurship, through Digital Uplift Project (SCALED-UP) and intends to use part of the proceeds to hire Legal Advisor (Individual Consultant) for the National Communications Authority (NCA)

2 Responsibilities: The consultant will provide timely and expert legal advice and support to the NCA on a wide range of legal matters related to the communications and technology sectors, including but not limited to licensing, regulatory compliance, competition, data protection, cybersecurity, and consumer protection; assist the NCA in drafting, negotiating, and reviewing contracts, agreements, and legal documents related to the communications and technology sectors, including license agreements, interconnection agreements, service level agreements, and memoranda of understanding; conduct legal research and analysis on emerging legal issues and trends in the communications and technology sectors and provide timely updates to the NCA. This may include preparing legal briefs, memos, and reports on relevant telecommunications and ICT-related legal topics; Provide translation for all legal and regulatory documents issued by NCA; Provide advice and assistance in the enforcement of laws and regulations. All other specific tasks detailed in can be found at the following website:

https://mof.gov.so/publications/terms-reference-legal-advisor-nca

3.  Duration: The proposed duration for the assignment is Twelve Months (12) calendar months from starts date.

3.  Selection Criteria: The selection shall be based on qualification, experience and skills of the candidate and followed by an interview. The qualifications, experience and competencies include: 

●  Bachelor’s degree in law

●  Minimum of five years of experience in legal consultancy, including expertise in Somali ICT laws and regulations, and a track record of successful legal consultancy projects

●  A minimum of five years of hands-on experience practicing law within Somalia.

●  The consultant should demonstrate a history of successfully executing comparable legal consultancy projects.

●  Proficiency in the legal framework of Somalia is essential.

●The legal advisor must exhibit a distinguished track record in governmental affairs, public law, and legislative drafting, tailored explicitly to the Somali context and its unique challenges.

5.  The Ministry of Ministry of Finance now invites eligible consulting (“Consultants”) to indicate their interest in

providing the above-mentioned Services. Interested Consultants should provide information demonstrating that they have the required qualifications and relevant experience to perform the Services and furnish the Curriculum Vitae (CV).

6.  Attention of interested Consultants is drawn to section III, para 3.14,3.16 & 3.17 of the World

Bank’s Procurement Regulations for IPF Borrowers: Procurement in Investment Projects Financing Goods, Works, Non -Consulting and Consulting Services dated September 2023 (“Procurement Regulations”), setting forth the World Bank’s policy on conflict of interest.

7.  A Consultant will be selected in accordance with the Individual Consultant method set out in the World Bank Procurement Regulations.

8.  Interested Consultant may obtain further information (in person or by e-mail) at the address below during office hours from 8.00 a.m.– 4.00 p.m. Saturday to Thursday except on public holidays.

9.  Deadline for submission: Expressions of interest should be delivered in a written form to the address below (in person, or by e-mail) 18th January 2024 4:00PM. local Time.

Attention

Project Coordinator, SCALED-UP Project,

Ministry of Finance, Federal Government of Somalia, Shangani District, Mogadishu, Somalia

Email Address: [email protected]

Cc: [email protected]