Legal and Institutional Affairs Lead Millenium Challenge Account-II Phase Project

Vacancy Announcement MCA-II Phase Project

The Millennium Challenge Corporation (MCC) is a U.S. government corporation established in 2004. Its mission is to provide assistance that will support inclusive and sustainable economic growth and poverty reduction in carefully selected developing countries that demonstrate a commitment to just and democratic governance, economic freedom, and investments in their citizenry.

In December 2018, MCC’s Board of Directors selected Indonesia as eligible to develop a second compact. The compact agreement will be valid for a period of five years. MCC’s work with Indonesia on the second compact is currently in the pre-implementation preparation stage, prior to “Entry-Into-Force” (EIF) of the compact agreement at which time the five-year implementation period begins. The Government of Indonesia is in the process of establishing an implementation entity, called the Millennium Challenge Account – Indonesia II (MCA-Indonesia II or “MCA”), to act as a designee in supervising and managing the implementation of the five-year MCC Compact Program in Indonesia.

The MCC Indonesia Compact is designed to improve the country’s transport and logistics infrastructure, developing high-quality, climate-conscious transportation infrastructure in five provinces while increasing access to finance for micro-, small, and medium-sized enterprises (MSMEs).

On behalf of MCA-Indonesia II, we are seeking talented, highly qualified, and experienced Individual Consultants to take part in these interesting and challenging consulting services as:

Legal and Institutional Affairs Lead Millenium Challenge Account-II Phase Project

The MCA Entity seeks an individual consultant to act as the Legal and Institutional Affairs Lead (Legal Lead) to lead the legal team of MCA-Indonesia II. The Legal and Institutional Affairs Lead will serve as the principal legal officer and senior policy advisor on legal matters, as well as a technical resource, to the MCA-Indonesia II governing board of trustees (Majelis Wali Amanat [MWA]) and management team and other consultant staff of MCA- Indonesia II. The Legal Lead will supervise the Legal Specialist and others as delegated.

Job Responsibilities

• Provide or coordinate the provision of legal advice on all issues affecting the internal operations of MCA-Indonesia II, including government contracts and other agreements, third party commercial contracts and other agreements, procurement and fiscal law, and corporate governance and records management.
• Advise the MWA and the Operations Unit (Unit Pelaksana Program) of MCA-Indonesia II on legal issues and address legal matters as they arise. This may include preparing and submitting reports and other documents on a periodic basis to the MWA and the management team that identifies any problems (and recommended solutions) encountered in MCA compliance with its obligations or other legal matters.
• Ensure that MCA activities comply with (i) the obligations of MCA-Indonesia II contained in the Compact and all related agreements or otherwise delegated to MCA-Indonesia II by the Government; (ii) all agreements entered into under or in furtherance of the Compact; (iii) all applicable laws and regulations of Indonesia; (iv) all of MCA-Indonesia II’s organizational and governance documents, including any law or decree related to the creation or operation of MCA-Indonesia II and MCA-Indonesia II’s bylaws or other governing documents; and (v) any other applicable laws, regulations, policies, and agreements.
• Serve as the corporate secretary of the MWA. This includes developing and implementing procedures for the meetings of the MWA and ensuring that MWA meetings and actions comply with the requirements of the Compact, all related agreements, and the relevant governing documents of MCA-Indonesia II (including any law or decree related to the creation or operation of MCA-Indonesia II and MCA-Indonesia II’s bylaws or other governing documents). This function also includes responsibility for ensuring all necessary and appropriate records are produced and maintained by MCA-Indonesia II.
• Represent, or manage the representation of, MCA-Indonesia II before courts, regulatory, and administrative bodies, and in arbitration and other proceedings.
• Help to identify, and advise on, situations that may involve elements of fraud and corruption and/or conflicts of interest in the implementation of the Compact. Coordinate training and advice on MCC policies and applicable laws, regulations and other policies relevant to the prevention, detection, and correction of fraud and corruption. Coordinate training and advice on matters of ethical behavior, including the avoidance of conflicts of interest and policies governing confidentiality and transparency. This training will include the MWA, the management team, other consultant staff of MCA-Indonesia II, and, where appropriate, implementing entities of Indonesia (Government) designated in accordance with the terms of the Compact, and MCA contractors.
• Participate in negotiations, and draft, review, and advise on all types of contracts and other documents to be executed by MCA-Indonesia II for the implementation of the Compact.
• Provide guidance on legal implications of procurement and financial activities that may be undertaken by MCA-Indonesia II.
• Participate in the drafting and review of deliverables required by the terms of the Compact and related agreements to ensure legal sufficiency and the proper and timely delivery of such deliverables.
• Advise the MWA and MCA regarding employment matters, including drafting and negotiating employment agreements.
• Cooperate with and advise representatives of Government bodies, including ministries, the legislature, and other public agencies, regarding the Government’s responsibilities under the Compact and all related agreements.
• Act as the main liaison between MCA-Indonesia II and MCC on legal matters relating to the implementation of the Compact.
• Recruit, supervise, and manage junior legal officers and other consultant staff within MCA-Indonesia II, as may be necessary.
• Determine the need for additional legal experts (including outside counsel), identify possible sources for such experts, assist the Procurement Lead in the procurement of such experts, provide recommendations on legal tasks that should be outsourced to an outside counsel, and manage such outside counsel.
• Perform such other responsibilities that are commonly exercised or incidental to the position of Legal Lead and Corporate Secretary or as may be delegated or requested from time to time by the MWA or the management team of MCA-Indonesia II.
• Expected Outputs include, but are not limited to, the following:
• Amendments to Bylaws for governing MCA-Indonesia II
• Draft agreements between MCA-Indonesia II and other Government entities
• Legal memo on Compact’s status under Indonesian law
• Legal opinions on requested topics Agendas and materials for MWA meetings