Legal Specialist

Contract

This is a IICA-2 contract. This kind of contract is known as International Individual Contractor Agreements. It is normally internationally recruited only. It's an external contract. It usually requires 5 years of experience, depending on education. More about IICA-2 contracts.

Background Information - Afghanistan

Afghanistan

With more than 20 years of experience in the country, UNOPS Afghanistan focuses on providing maximum support to the people of Afghanistan through the delivery of projects and services that improve the lives of people in need. The UNOPS Afghanistan Country Office (AFCO) serves as an organizational mechanism to deliver a range of projects for which UNOPS has been designated as the implementation agency. At present, UNOPS AFCO activities cover a range of sectors including humanitarian, basic human needs, cash for work, infrastructure, development, procurement and HR services.

The functional objective of UNOPS AFCO is to contribute to improving the lives of girls, boys, men and women living in Afghanistan. The aim of UNOPS AFCO is to provide efficient and cost-effective implementation services on behalf of all our partners to support the humanitarian response and development of the country. UNOPS AFCO’s mission is to exceed the expectations of all stakeholders in the delivery of AFCO services, at all times, in all places, in all circumstances, in order to improve the lives of Afghans in need.

Background Information - Job-specific

Project Information

In November 2023, ADB approved the Verification of Claims and Expenditures (VCEP) Project to conduct a verification of outstanding claims from contractors, consultants, suppliers and project management offices for the works and services completed in Afghanistan under ADB-financed and administered projects prior to 15 August 2021. UNOPS is the executing agency for VCEP.

The main objective of VCEP is to verify claims from contractors, consultants and suppliers for works and services completed prior to 15 August 2021 under different types of contracts including civil works, supply of goods and consulting services in Afghanistan. VCEP also includes a verification of advances provided to contractors, consultants and suppliers and eligible expenditures incurred by the project management offices prior to 15 August 2021 under ADB-financed and administered projects.

Functional Responsibilities

The Legal Specialist will be part of the UNOPS legal team and will provide advice and support to UNOPS Afghanistan Country Office (AFCO) to implement VCEP, working closely with the multi-disciplinary team in the Country Office. Responsibilities related to VCEP include advising on contracts, payment and acknowledgment certificates, confirmation and advance account letters, facilitating negotiations with suppliers, contractors, consultants, employers, and coordinating with the local legal firm and other stakeholders.

The inputs provided by the Legal Specialist during the course of their work are exclusively to UNOPS and should not be construed as providing a legal opinion, legal recommendation or legal advice to ADB. As required, travel to Afghanistan is expected.

Under the supervision and guidance of the LG regional Team Lead and the Senior project manager, responsibilities of the incumbent include:

Support to implementation

• In coordination with the project team contribute to the design of the project implementation plan and advise on risks, issues and mitigation measures;
• In consultation with the project team, conduct contractual reviews and advise the project team on the interpretation of terms and conditions of contracts and agreements with suppliers, contractors, consultants, employers and other partners with focus on the verification of entitlements for works done;
• Provide advice to the project team for the discussions with suppliers, contractors, consultants during the verification process.
• Assist in drafting payment and acknowledgment certificates, confirmation and advance account letters of the verified works and services, and facilitate the signing of the certificates, letters and other documents relating to verification as needed, including itemization of any applicable taxes and/or duties. Collaborate with colleagues to develop workable solutions to implementation challenges in line with UNOPS’ rules and regulations;
• Contribute to internal and external project reporting and communication plan;
• Interact with local law firm(s); on matters relating to local legislation, including applicable taxes and/or duties
• Provide quality input and advice on potential project amendments;
• Research specific legal issues on major databases.
• Assist the project in relevant internal and external meetings.

Business Efficiency

• Support the implementation of UNOPS standards;
• Provide legal advice to UNOPS AFCO project’s financial management staff on project audits and follow up actions, if required.
• Ensure that the needs and priorities of the project, as well as any continuing implementation challenges are communicated to the appropriate policy units for action and follow up;

Knowledge Management

• Advise and support the project team in the development of the project monitoring digital platform, and the management and recording of legal documentation
• Actively contribute to global knowledge sharing across the organisation in line with UNOPS Knowledge Management Strategy in order to share examples of best practice and lessons learned. Due to confidentiality reasons, no sensitive information about the VCEP project will be shared across UNOPS, UN or other organizations.
• Maintain records of decisions made and actions taken.

“Other responsibilities within the level and scope of this ToR, in connection with the VCEP, may be agreed in consultation with the supervisor'

Education/Experience/Language requirements

a. Education

• Advanced university degree (master’s or equivalent) in international law, or a closely related area is required, from an accredited university or educational institution in law.
• First level university degree (Bachelor’s or equivalent) in law in combination with two (2) additional years of relevant experience may be accepted in lieu of an Advanced university degree;

b. Work Experience

• At least six (6) years of progressively responsible experience in legal affairs with focus on infrastructure and construction contracts with suppliers,contractors and consultants is required; And within relevant experience, minimum five years of post-graduate experience analysing legal issues preferably within an international organization or legal office is required;
• Experience with FIDIC and ENAA forms of contracts is considered an asset.
• Successful experience in handling claims and contractual disputes is required.
• Experience in drafting legal documents is required.

• Proficiency in legal drafting and ability to draft accurately, clearly and concisely under time pressure is required.

• Relevant work experience in Afghanistan and international levels is an asset.

• Experience in the application of regulations and rules, policies, procedure and decision-making processes of an international organization is an asset
• Demonstrated experience in communicating complex legal concepts across a range of audiences is an asset
• Demonstrated field experience in a development context is an advantage.
• Experience in infrastructure and procurement contracts and the negotiation of commercial contracts is required;
• Previous work experience with the UNOPS or any of the United Nations agencies is preferred;
• Knowledge of UN/UNOPS rules and regulations is an advantage.

c. Languages

• Fluency in English is required. Knowledge of another UN language is desirable.
• Knowledge of Dari and Pashto is an asset.

Competencies

Develops and implements sustainable business strategies, thinks long term and externally in order to positively shape the organization. Anticipates and perceives the impact and implications of future decisions and activities on other parts of the organization.(for levels IICA-2, IICA-3, LICA Specialist- 10, LICA Specialist-11, NOC, NOD, P3, P4 and above) Treats all individuals with respect; responds sensitively to differences and encourages others to do the same. Upholds organizational and ethical norms. Maintains high standards of trustworthiness. Role model for diversity and inclusion.

Acts as a positive role model contributing to the team spirit. Collaborates and supports the development of others. For people managers only: Acts as positive leadership role model, motivates, directs and inspires others to succeed, utilizing appropriate leadership styles. Demonstrates understanding of the impact of own role on all partners and always puts the end beneficiary first. Builds and maintains strong external relationships and is a competent partner for others (if relevant to the role). Efficiently establishes an appropriate course of action for self and/or others to accomplish a goal. Actions lead to total task accomplishment through concern for quality in all areas. Sees opportunities and takes the initiative to act on them. Understands that responsible use of resources maximizes our impact on our beneficiaries. Open to change and flexible in a fast paced environment. Effectively adapts own approach to suit changing circumstances or requirements. Reflects on experiences and modifies own behavior. Performance is consistent, even under pressure. Always pursues continuous improvements. Evaluates data and courses of action to reach logical, pragmatic decisions. Takes an unbiased, rational approach with calculated risks. Applies innovation and creativity to problem-solving. Expresses ideas or facts in a clear, concise and open manner. Communication indicates a consideration for the feelings and needs of others. Actively listens and proactively shares knowledge. Handles conflict effectively, by overcoming differences of opinion and finding common ground.

Contract type, level and duration

Contract type: International Individual Contractor Agreement (IICA)

Contract level: IICA2 Contract duration: Ongoing ICA - Open-ended, subject to organizational requirements, availability of funds and satisfactory performance

For more details about the ICA contractual modality, please follow this link: https://www.unops.org/english/Opportunities/job-opportunities/what-we-offer/Pages/Individual-Contractor-Agreements.aspx

Additional Information

• Please note that UNOPS does not accept unsolicited resumes.
• Applications received after the closing date will not be considered.
• Please note that only shortlisted candidates will be contacted and advance to the next stage of the selection process, which involves various assessments.
• UNOPS embraces diversity and is committed to equal employment opportunity. Our workforce consists of many diverse nationalities, cultures, languages, races, gender identities, sexual orientations, and abilities. UNOPS seeks to sustain and strengthen this diversity to ensure equal opportunities as well as an inclusive working environment for its entire workforce.
• Qualified women and candidates from groups which are underrepresented in the UNOPS workforce are encouraged to apply. These include in particular candidates from racialized and/or indigenous groups, members of minority gender identities and sexual orientations, and people with disabilities.
• We would like to ensure all candidates perform at their best during the assessment process. If you are shortlisted and require additional assistance to complete any assessment, including reasonable accommodation, please inform our human resources team when you receive an invitation.

Terms and Conditions

• For staff positions only, UNOPS reserves the right to appoint a candidate at a lower level than the advertised level of the post.
• For retainer contracts, you must complete a few Mandatory Courses (they take around 4 hours to complete) in your own time, before providing services to UNOPS. For more information on a retainer contract here.
• All UNOPS personnel are responsible for performing their duties in accordance with the UN Charter and UNOPS Policies and Instructions, as well as other relevant accountability frameworks. In addition, all personnel must demonstrate an understanding of the Sustainable Development Goals (SDGs) in a manner consistent with UN core values and the UN Common Agenda.
• It is the policy of UNOPS to conduct background checks on all potential personnel. Recruitment in UNOPS is contingent on the results of such checks.