TERMS OF REFERENCE
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Title of the Position: Senior Legal Consultant

Project: Crop and Warehouse Receipts in the Western Balkans and the South Caucasus

Direct Manager: Project Leader, FIG AS Europe Manager

Organizational Mapping (IBRD, IFC, MIGA): IFC

Job Location: Kosovo

Appointment Duration: 38 days till June 30, 2025; prolongation of the contract is possible

A. BACKGROUND & PROJECT DESCRIPTION

1. About IFC

The International Finance Corporation (IFC) is the largest global development institution focused on the private sector in developing countries. By encouraging growth, IFC advances economic development, creates jobs, and improves the lives of people.

2. About IFC FIG Advisory

IFC works through financial institutions to provide much-needed access to finance for millions of individuals and micro, small, and medium enterprises that would never be reached directly. The Financial Institutions Group (FIG) supports the World Bank Group goal of achieving universal access to finance, an important part of the World Bank Group strategy to end extreme poverty and build shared prosperity. Working with local financial intermediaries allows IFC to support far more micro, small, and medium enterprises than would on its own. IFC works with about 800 financial institutions with products including investment and advisory support for microfinance, insurance, loans to small and medium enterprises and women-owned businesses, and low- and medium-income mortgages. Our work in more than 100 countries has helped strengthen financial institutions and systems, reinforcing responsible finance, enabling them to play a constructive role in economic growth, and introducing environmental and social standards in many clients for the first time.

3. About the Project

Crop and Warehouse Receipts in the Western Balkans and the South Caucasus: The overall objective of the envisioned program is to facilitate better access to finance for MSME farmers in up to four identified countries, two in the Western Balkans (Albania, Kosovo), and two in the South Caucasus (Azerbaijan, Georgia), by enabling them to use their future crops and crops stored in the warehouse as collateral to access working capital finance. The objective of the pre-implementation phase is to create a legislative and regulatory enabling environment for CWR. These include the following components a) identifying and drafting new regulations enabling CWR legislation; b) facilitating advancement towards adoption of the CWR regulations, through consultations, reviews, refinement, alignment with legal standards, and approval of the law; c) carrying out a baseline study to establish or reconfirm program indicators and collect data for comprehensive baseline reporting; d) developing a strategic public awareness campaign plan to promote CWR. The main output deliverables by the end of the pre-implementation phase will be a) Finalization of draft laws/regulations on CWR in at least three countries; b) Submission to Parliament for adoption of at least one law on CWR; c) Baseline study completed; d) Strategic plan for awareness campaign developed. Once the pre-implementation is completed, the implementation phase will be focused on following three objectives: (1) Improve the enabling legislative, regulatory, and policy framework for crop receipts, including digitization/electronic crop receipts, and develop electronic public registries for crop and warehouse receipts (either as new IT systems or new components of existing collateral registries). (2) Build the capacities of the financial sector and farmers by a) developing business models that leverage crop and warehouse receipts for value chain finance, improving their issuance and use; and b) collaborating with financial institutions and industry partners to promote loan proceeds for CSA technology adoption. (3) Conduct public awareness and outreach campaigns to promote crop and warehouse receipts as new tailor-made financial tools to access pre-harvest and post-harvest finance for adaptation of climate-resilient agricultural technologies among key stakeholders in the targeted countries.

4. About Crop and Warehouse Receipts

Crop receipts and warehouse receipts are effective agricultural finance instruments designed to facilitate pre- and post-harvest financing in the agriculture sector.

Crop receipts function as enhanced forward contract arrangements, offering greater security compared to traditional forward contracts by virtue of their registration in a national registry. Farmers issue crop receipts—specialized promissory notes secured by their anticipated future agricultural output. These notes are linked explicitly to designated agricultural plots. Creditors, such as input suppliers, commodity buyers, or financial institutions, accept crop receipts in exchange for agricultural inputs or cash loans. Upon issuance, farmers commit unconditionally either to repay the holder of the receipt in cash or to deliver a specified quantity of agricultural products at an agreed future date.

Warehouse receipts provide post-harvest financing, allowing farmers to access funds after harvesting their crops but before selling them. With warehouse receipts, farmers can store their harvested produce securely in certified warehouses, receiving immediate financing based on the value of the stored commodity. This arrangement enables farmers to strategically delay the sale of their harvest, potentially benefiting from improved market prices after the typical post-harvest price drop.

In summary, crop receipts serve as pre-harvest financial instruments, while warehouse receipts are specifically tailored for post-harvest financing.

The program is currently seeking a Senior Legal Consultant to support activities related to these financial instruments in Albania and Kosovo in cooperation with the Project Team and Project Lead.

B. SCOPE OF WORK

Work on the new laws and sub-legal acts on Crop and Warehouse Receipts for Albania and Kosovo that includes the following:

• Conduct legal research and analysis related to Crop and Warehouse Receipts in Kosovo and Albania.
• Provide expert legal opinions on regulatory requirements and best practices for CWR implementation.
• Lead the development and drafting of laws governing Crop and Warehouse Receipts in Kosovo and Albania.
• Ensure compliance with international legal frameworks and best practices.
• Develop sub-legal acts necessary for the implementation of Crop and Warehouse Receipts systems.
• Provide legal recommendations for effective regulatory oversight and enforcement mechanisms.
• Facilitate the establishment of the CWR Registry in Kosovo and Albania.
• Ensure proper legal structures and governance mechanisms for the registry’s operation.
• Engage with key stakeholders, including government agencies, financial institutions, and private sector actors.
• Organize and participate in meetings, workshops, and technical discussions on CWR implementation.
• Act as the focal point for CWR-related legal activities in Kosovo and Albania.
• Organize awareness compaigns on CWR.
• Support cross-border collaboration and knowledge exchange between relevant institutions.
• Assist the Project Leader in any other duties in relation to agri-finance as required.

C. DELIVERABLES / SPECIFIC OUTPUTS

The Legal Consultant will agree with the Project Leader to a series of tasks to be conducted and reviewed, prepared, etc. each week.

Deliverables and their timeframes include but not limited to:

• Draft laws on Crop and Warehouse Receipts for Kosovo and Albania.
• Sub-legal acts governing the implementation of CWR systems.
• Legal framework and governance model for the CWR Registry.
• Reports on stakeholder engagement and project coordination activities.
• Progress reports on CWR implementation milestones.

D. ACCEPTANCE OF DELIVERABLES

Each deliverable shall be submitted to the Project and will be approved respectively by the Program Leader of the program if following requirements are met:

• The minimum content as described in particular specification and tasks descriptions must be covered by each deliverable;
• The Deliverable must be submitted on time, according to the timeframes agreed with the Program Leader;
• All written deliverables must be precise, technically correct, and free of grammatical and mistyping errors;
• All written deliverables shall be submitted in electronic versions submitted by e-mail or on flash card. Electronic versions must be editable.

E. REQUIREMENTS/QUALIFICATIONS:

• A degree in Law, with a specialization in Agrarian Law, Finance Law, or a related field; additional qualifications in Agricultural Economics or Finance are advantageous
• Proficiency in both English and Albanian is essential, demonstrating excellent command of legal terminology and communication skills in both languages
• Deep understanding of legal systems in Kosovo and Albania, with specific knowledge of agricultural laws, finance regulations, and the integration of crop and warehouse receipts within the legal framework
• Demonstrated experience in legal drafting, with a portfolio showcasing previous work on legislation, regulatory frameworks, or legal guidelines, particularly in the agri-finance sector
• Familiarity with the agricultural sector in Kosovo and Albania, including an understanding of the challenges and opportunities in implementing crop and warehouse receipts and agri-financing solutions
• Ability to conduct comprehensive legal research, analyze complex legal documents, and synthesize information into clear, actionable regulations
• Strong analytical skills and the ability to articulate legal concepts and regulations to non-legal stakeholders, facilitating understanding and compliance
• Flexibility to work under tight deadlines, managing a variety of tasks, and adapting to evolving project needs with meticulous attention to detail
• Capacity to engage effectively with a wide range of stakeholders, including government officials, legal experts, financial institutions, and agricultural businesses, fostering collaborative relationships, and
• A commitment to ethical legal practices with strong interpersonal skills, and the ability to thrive in a team-oriented, multicultural environment.

F. DURATION, PERIOD OF PERFORMANCE AND DELIVERABLES

The Consultant will allocate working days to the task in line with the IFC/WBG policies until June 30, 2025. All the deliverables to be provided shall be coordinated with the Project Leader.

G. REPORTING

The STC is solely responsible for the quality of work and timely completion of all tasks and deliverables defined by this Terms of Reference.

Throughout the course of the assignment, the STC shall contact Kyrylo Mukhomedzyanov ([email protected]) or assignment-related matters

Applicants should send their CV and Cover Letter to [email protected] no later than March 19, 2025.