Legal Advisor

Огляд

The USAID Mission to Ukraine (the Mission) is responsible for the development, implementation and oversight of USAID-funded programs operating throughout Ukraine. The Mission provides assistance to promote Ukraine’s transition to a democratic, prosperous, stable, healthy country united in its European aspirations.

The incumbent is the primary legal advisor to the Mission on all matters related to local law and government regulations in Ukraine. The incumbent provides advice and counsel to the Mission and is required to act with substantial independence and little direct supervision.

 

Обов'язки

1. Legal Management, Advice, and Counsel (70%) :

• anticipate and identify complex and often unique legal issues
• triage issues and counsel USAID management, technical offices, and support offices on courses of action to avoid harm and operate efficiently and in compliance with law
• help design USAID activities, implementing instruments, and other documents to ensure compliance with local law and practice
• advise on various aspects of activity implementation. This includes coordinating with teams across the Mission at several stages in the planning, development, and implementation of activities. This includes first reviews of a variety of documents (such as activity and pre-obligation checklists and other documents as instructed by the SRLO) for clearance for the Resident Legal Office
• the incumbent is the Mission’s primary advisor on all complex legal issues related to project and partner registration under local law. In addition, the incumbent will advise on tax laws and their potential impact on USAID programs. This requires a deep understanding and ability to apply a complex system of local laws as well as expertise in interpreting and applying USAID’s bilateral agreement(s) with the host government
• draft and negotiate Development Objective Agreements (DOAGs) with the host government, propose and negotiate amendments, and monitor compliance with the provisions of the agreements. This requires interaction with several offices within the Mission as well as numerous host government officials. Negotiations and drafting must be done in multiple languages
• advise the Mission on all aspects of local litigation that affect USAID, its employees, or implementing partners. Interfaces with the U.S. Department of Justice and State/L as necessary on litigation and, as requested, proposes and drafts settlement agreements
• direct and monitors outside local legal counsel USAID may engage in areas such as local labor and employment law and local real property law
• support technical teams in the creation, review, and analyses of memoranda of understanding, implementing procedures for bilateral agreements, and other legal documents
• participate in negotiations on proposed memoranda and agreements
• serve as the USAID Mission’s primary point person for knowledge of and interpretation of local labor laws and research local labor law cases, as needed
• Research and provide updates on the Local Compensation Plan and Locally Employed Staff Handbook. Provides advice to Mission management on related matters (e.g. sexual harassment, misconduct, or disciplinary actions or dismissal procedures under local law)
• revise or support revision of key Mission Orders and other Mission documentation, as needed
• track and analyze legislative and regulatory initiatives in Ukraine and prepares analytical reports on executive and legislative activities/developments affecting USAID or its partners for the S/RLO, senior Mission management, and the technical offices
• stay current with the laws and regulations in Ukraine
• maintain familiarity with the laws of the U.S. affecting USAID programs and operations (including the Foreign Appropriations Act and annual appropriations acts passed by the U.S. Congress), regulations affecting USAID programs and operations, including but not limited to the Federal Acquisition Regulations (FAR), AID Acquisition Regulation (AIDAR), the USAID Automated Directives System (ADS), the Foreign Affairs Manual (FAM), and the Standard Rules of Ethical Conduct
• analyze and evaluate policies affecting USAID program activities in Ukraine, including tax issues as they pertain to the USAID programs and registration of implementing partners for tax exemption status and prepares analytical reports for key officials of the Mission
• draft proposed letters to Ministry officials and advises on political ramifications, including advising Mission personnel on proposed contacts with government officials, e.g., what approach to use, and what to look for or to avoid
• assists in the design, drafting, and review of Government-to-Government (G2G) agreements and their implementation, including participating in guidance to technical offices and host government counterparts on interpretation, verification of compliance, and other analyses as required

2. Outreach and Coordination (20%) :

• represent the USG on host government and donor-led councils and working groups as an acknowledged expert on local law. The incumbent drafts and reviews proposed changes to local law to ensure compliance with development principles and, in particular, to ensure USAID’s programs and implementers are treated fairly and in compliance with Agency policies
• represent USAID in meetings and negotiations with host government officials. These interactions may involve complex issues related to U.S., local, and international law
• be able to persuasively advocate for USG interests in these fora. Issues can include, but are not limited to, efforts to impose tax and duty on U.S. assistance, efforts to regulate U.S. technical assistance, government harassment of implementing partners and employees, and banking/financial regulations imposed on implementers
• serve as a leader in managing international donor efforts to monitor and reform local procedures related to registration of international technical and humanitarian assistance activities
• maintain contacts with members of the private bar and judicial officials on matters of local law in Ukraine

3. Training and Counseling (10%) :

• train American lawyers in the Resident Legal Office on matters related to Ukrainian law, including mentoring and training related to Ukrainian politics and government functions. Training may also be made available to staff outside the Resident Legal Office
• develop and provide on-going training to USAID staff members on various USAID legal and policy matters, including training Agreement/Contracting Officer’s Representatives for compliance with U.S. law including how to spot legal issues, complete pre-obligation documents, handle disposition of assets/property issues, and address issues relating to source and nationality and tax exemptions
• assist the development of the content of annual ethics training sessions for Ukraine staff. As requested, the incumbent participates in ethics training for USAID personnel and may deliver these training in the presence of the RLO
• research complex ethics issues and drafts opinions for review/signature by RLOs, who serve as Deputy Agency Ethics Officials

The contractor is eligible for temporary duty (TDY) travel to the U.S., or to other Missions abroad, to participate in the "Foreign Service National" Fellowship Program, in accordance with USAID policy.

Вимоги

• Education: Minimum of a Juris Doctor (U.S. law degree) or local Master of Law degree (Juris Doctor equivalent)
• Work Experience: minimum of 7 years of progressively responsible legal experience, with at least 3 years of this experience with an other Government Agency, a private law firm, a Ukrainian Ministry or other governmental agency, a donor organization, or an international/local organization
• Language Proficiency: fluent (Level IV) English and native fluency in Ukrainian in speaking, reading, and writing. Must also be fluent in English and Ukrainian legal vocabulary

Умови

• full-time (40 hours)
• work in Kyiv, Ukraine
• 5-Year Period of Performance with the possibility of extension
• market value: Basic Annual Rate (in U.S. Dollars): $57,423 - $74,644
• benefits:
  • Health and Life Insurance coverage: Provided under the Compensation Plan
  • Defined Contribution Plan: Upon separation, a lump sum benefit equal to 12% of the basic salary earned for the duration worked under the appointment.
• allowances (as applicable):
  • meal allowances: annual amount is $853 for employees working on a full-time basis
  • family allowances: the mission provides a child allowance. Grants amounts are subject to change as determined by the Ukrainian State Budget Law
  • unique conditions of work allowances/benefits: 10% of Basic Rate. Additional information may be provided to the selected offer or at the time of the salary offer
• taxes: apply and are deductible as per the Ukrainian government regulations