Вакансія: Factoring International Legal Expert (STTA)

 The Investment for Business Resilience Activity (formerly known as the Financial Sector Reform Activity) in Ukraine is a five-year program funded by the United States Agency for International Development (USAID) and managed by DAI Global LLC (DAI). The purpose of the activity is to transform the country’s financial sector into a sophisticated, well-functioning, competitive market that is aligned with European Union (EU) standards and integrated into international financial systems. This transformation will mobilize private finance for sustained economic growth in Ukraine.

The IBR is looking for candidates to fill in THE FACTORING INTERNATIONAL LEGAL EXPERT POSITION, STTA, IN KYIV.

PURPOSE OF THE ROLE:

In order to promote the development of trade factoring in Ukraine, the National Bank of Ukraine (NBU) in 2023 developed a concept for reforming the regulation of trade factoring in Ukraine (Concept Paper). The Concept Paper envisages, in particular, the separation of the concepts of contract assignment and factoring, restrictions on the combination of trade factoring activities and non-performing loans management, as well as the improvement of the protection of factors in accordance with the standards stipulated by the 1988 UNIDROIT Convention on International Factoring and the UNIDROIT Model Law on Factoring (UNIDROIT Documents).

Currently, the NBU is developing a draft of the corresponding law, which should implement the changes provided for by the Concept Paper (Draft Law). To ensure effective reform of the factoring market, there is a need to carry out expert analysis of the Draft Law, in particular on the subject of its compliance with the best international experience.

Considering that there is no uniform regulation of the factoring market in the European Union and the rules in each state differ, such best international practices shall be comprised of (1) the UNIDROIT Documents and (2) the legislation of jurisdictions where the trade factoring market is successfully developing (Benchmark Jurisdictions). Based on our experience, we propose Italy and Turkey as such Benchmark Jurisdictions. The Consultant(s) can propose different Benchmark Jurisdictions subject to approval of the Component 1 Team.

This assignment will be from April 1, 2024 to June 26, 2024.

OBJECTIVES AND DUTIES:

• Analyze the Draft Law against the best international practices. The Consultant shall analyze the Draft Law against the UNIDROIT Documents and the legislation of the chosen Benchmark Jurisdictions, identify gaps, determine key recommendations for improvement of the Draft Law and prepare a detailed structure of the Expert Opinion based on such analysis.
• Prepare the final version of the Expert Opinion. The Expert Opinion shall include the gap analysis of the Draft Law against the best international practices and the specific recommendations on amendments to the Draft Law that need to be made to align it with the best international practices (if any) or to confirm its alignment with international practices.

QUALIFICATIONS: 

• Higher educational degree in Law.
• At least 5 years of experience in the legal sphere related to trade finance.
• Experience in developing concepts for regulatory framework and/or drafting legislative acts in the trade finance sphere.
• Proficient with Microsoft Office Suite and other tools used to conduct and communicate research and projects.
• Good command of English (at least upper-intermediate level).
• Excellent written and oral communication skills.

Please submit your Cover Letter and CV to [email protected] by March 25, 2024.  Only shortlisted candidates will be contacted.