Human and Institutional Capacity building:
The Ministry of Commerce has prioritised policy and regulatory reform to create an enabling business environment, as well as trade and investment opportunities. These reforms supported by development partners seek to foster increased private sector growth and investment. By identifying the regulatory gaps, understanding the Somalia context and embedding best fit international practice, the body of law put in place will facilitate the country to meet its economic development targets.
Thus, the Ministry of Commerce and Industry is exploring the development of priority regulations and decrees as well as related instruments to facilitate the timely review, update and enactment of key legislations for ease of doing business, trade facilitation and investment climate. The Ministry has also recently developed company law and Somalia Standards and Quality Control Bill which have been passed as part of the required foundation to establish businesses and quality infrastructure that facilitates market access. The Ministry has also tabled subsidiary legislation to implement the companies law and a Standards law as well as other key legislations such as Trade Policy, Trademark Law, Intellectual Property Law, Public-Private Partnership Policy and Law, Chamber of Commerce Act and other business and commercial laws and policies.
Finally, to inform and complement the planned regulatory reform, the Federal Government is working with development partners to undertake diagnostic work including: a Business Regulatory Review (BRR) at the Federal level; the Doing Business report (Somalia context) and the Women, Business and the Law report (pursuing the inclusion of Somalia).
Background Information about Host Institution
Trade, commerce, and industry remain critical to the relative stability and gains shown by Somalia’s economy. These sectors also remain the engine of the growth of Somalia’s private sector, establishing relative favourable business environments that have facilitated investment in several sectors including livestock, telecommunications, and remittances.
It is worth noting that one of the biggest challenges the Federal Government of Somalia faces is lack of financial resource to utilize available human capital and the Ministry of Commerce and Industry is not immune. The areas where this kind of support would make a huge impact include; strengthening the capacity of the ministry, provide necessary resources, address ambiguity of roles & responsibilities and improve the quality of human resources.
Consequentially insufficiently qualified human resource is a major stumbling block for the ministry to undertake and deliver on these pivotal tasks.
Organizational unit/ Department: Office of the Minister
Duration of assignment: 3 months
Objectives of Assignment
The Business and Commercial Legal Advisor will support the Ministry in all legal matters related to business, trade and investment. The Advisor will provide legal advice to the Senior Management of the Ministry and departments to protect Somalia’s international trade interests, in particular, with a view to enhance access to global markets for our goods and services as well as legal reforms necessary to improve the business environment, trade and investment opportunities.
- Review government contracts and agreement, and provide legal advice to the minister
- Undertake review of current laws and prepare guidelines and rules and/or checklists as necessary to guide public officers in the administration of the said laws
- Undertake review of existing laws and prepare drafting instructions to enable the drafting unit to prepare a comprehensive Judicial Review Bill
- Leadership and management training and support to the Office of the Minister
Responsibilities and Accountabilities
- Advice on matters related to Business and Commercial as well as the legal advice to the Office of the Minister.
- Conduct legal analysis and research on various legal matters related to business and commercial by utilizing various resources and selecting the relevant material to analyze the legal information
- Report on the Legal matters on the various local and international trade and industrial issues as well as legal status of the various disputes studied with proposed recommendations
- Liaise with the various departments of the Ministry and Commercial Attaches to explore linkages for local companies so as to facilitate and promote the development of dynamic, international trade relations and competitive private sector
- Conduct staff trainings to the legal department and other units as needed.
- Active participation in discussion and group work
- Good Communication Skills
Education and Experience
At least a Bachelor’s degree in Business and Commercial Law or relevant field of studies from an accredited college or university, Master’s degree is preferred
Able to write, read and communicate in Somali and English