SENIOR CONSULTANT (REVIEW OF POLICY AND LEGISLATION REGARDING FOREIGN INVESTMENT AND CITIZENSHIP)

Job Description

Duration: 40 Working days (10 home based, 30 in country)
Location: Apia, Samoa
ARF: C3

Programme Background

Adam Smith International (ASI) manages the Samoa Governance Support Programme, which is funded by the Australian Department of Foreign Affairs and Trade (DFAT).

Established in 2016 following agreement between the Government of Samoa (GoS) and the Government of Australia, the Samoa Governance Support Programme (the Programme) works with the GoS to achieve sustainable and equitable development in accordance with the Strategy for the Development of Samoa (2017-2020) and the Australia-Samoa Aid Partnership Arrangement (2016-2019). The Programme has two objectives: to develop and strengthen policies and institutions that enable sustainable and inclusive economic growth, especially private sector-led growth; and to improve economic governance by addressing issues that affect underlying public sector capability and performance.

Responsibility for the strategic management of the Programme rests with the Programme Steering Committee, whose membership comprises the Chief Executive Officer (CEO) of the Ministry of Finance (chair); the CEO of the Ministry of Prime Minister and Cabinet (deputy chair); the Chair of the Public Service Commission; and the Australian High Commissioner to Samoa.

Position Description

The Government of Samoa (GoS) is committed to creating an enabling environment that supports business development and creates more employment opportunities for Samoan citizens. Important components of the legislative framework for the realisation of this aim comprise the Citizenship Investment Act (2015) and its regulations (2015) and the Citizenship Act (2004). Government policy and aims on the matter are reflected in the Trade, Commerce and Manufacturing Sector Plan 2018-2021 and the Corporate Plan 2016-2020 of the Ministry of Commerce, Industry and Labour (MCIL).

Being the agency responsible for the promotion of foreign investment, since 2017 the MCIL has been engaged in promotional work regarding investment and citizenship. However, to date, no applications have been received. This means either that the investment and other requirements are too stringent and/or other factors outside of the legislation - such as geographical isolation and limited investment opportunities - are barriers to investment.

Accordingly, the aim of this assignment will be to help the Industry Development and Investment Promotion Division IDIPD of MCIL to review government policy and legislation regarding foreign investment and citizenship - the latter as expressed in the Citizenship Investment Act 2015 – with a view to contributing better to government’s development goals.

Assignment Objectives

The principal objectives of the Project are to:

• Establish clearly the intentions of government regarding foreign investment and citizenship and whether existing policy and legislation are able to satisfy them.
• In the light of the above, review government policy and legislation (principally, the Citizenship Investment Act 2015 and its Regulations, the Citizenship Act 2004, and the Foreign Investment Act) and, in doing so, take into account comparative evidence of similar foreign investment and citizenship schemes in other small-island states.
• Analyse and make clear the economic and social cost/benefits of current policy and alternatives to it. Such analysis should take account of the governance and cultural context of the country and the considerable public interest in these matters.
• Based on the above, recommend changes to government policy and legislation.
• Set out the implications of the proposed policy and legislative changes for subsidiary regulations; and
• Propose strategies for the promotion of a revised foreign investment and citizenship scheme and criteria and systems and procedures for the assessment of applications received.

Consultant selection will be based on the following criteria:

• Work experience: At least five years of work experience that is clearly relevant – in terms of substantive technical content, scope, and level(s) - to the work outlined in these TOR.
• Developing and developed country experience: Relevant comparative experience from work carried out in more than one country. Experience of small and small-island states, and of Samoa, will be viewed favourably.
• Qualifications: An advanced degree in economics or a first degree combined with senior management experience in a directly relevant field.
• Substantive knowledge: Strong and up-to-date knowledge and experience of policy and practice surrounding the analysis and development of foreign investment enabling environments, as demonstrated by the level and type of work he or she has done. It is essential that the consultant be someone whose general approach to these questions is driven by pragmatic considerations associated with the development context rather than ideological ones derived from a particular paradigm of economics.
• Other skills and knowledge: The consultant should also possess:
  • Research skills, knowledge, and experience of both quantitative and qualitative methods;
  • Good knowledge and understanding of policy development, strategic management, and organisational structure and design; and
  • Up-to-date knowledge and understanding of the relevant literature and key development issues, such as capacity and institution building, institutionalisation and sustainability.
• Analytical capability: The consultant should be capable of analysing complex problems, evaluating the quality of different types of data, and producing practical and workable solutions.
• Performance under pressure: A consistent record of producing outstanding performance under pressure and of working with senior government counterparts.
• Judgement and mediation: The ability to make independent judgments and to lead discussion, develop consensus on sometimes difficult and controversial issues, and to balance and mediate multiple stakeholder expectations and objectives.
• Knowledge and skill transfer: The ability to convey effectively his/her own knowledge and skills to others.
• Written and oral communication capabilities: It is essential that the consultant possesses the ability to express complex ideas - both in writing and orally – clearly and in plain English to a variety of audiences, including government officials, community groups, entrepreneurs, donors, and other professionals. Short-listed candidates may be required to provide examples of their written work.
• Interpersonal and intercultural skills: Excellent interpersonal and intercultural skills and the ability to manage questions of national and organizational culture skilfully and to build effective and harmonious working relations with clients and counterparts.
• Multiple reporting: The consultant should also be able to work effectively in a matrix management structure or one that has multiple lines of reporting.

How to apply

Interested applicants are requested to submit a CV and a short covering note with the subject “Senior Consultant - Review of Policy and Legislation Regarding Foreign Investment and Citizenship” to Australia.Recruitment@adamsmithinternational.com. Unfortunately, due to high application volume, we won’t be able to respond to unsuccessful applicants. Applications close 31 March 2020.

About the Organization

ASI is committed to continually improve the diversity of our workforce through the attraction, retention and development of a diverse range of talented people. We want people to be comfortable bringing their whole self to work and recognise that inclusion brings further opportunities for innovation and creativity.

# Happy to talk flexible working

Adam Smith International is a strategic development company that helps people prosper by making economies stronger, societies safer, and governments more effective. Our clients are governments, international organisations, companies, and foundations. They come to us to develop strategies and to design, deliver and evaluate programmes that, in turn, stimulate growth, stability and good governance.

Our core team of managers and technical experts, in offices around the world, ensures the quality of delivery and high ethical standards that we and our clients require. We bring together a global network of specialist experts, who contribute their experience and know-how, where and when it is needed.

ASI is owned and operated by its employees, and we are all dedicated to making a meaningful difference in complex, challenging situations. We are committed to corporate integrity and a triple bottom line of social, environmental and financial performance.