The major objective of this assignment is to support the Ministry of Finance in the implementation of the Green Growth Policy in Colombia and facilitate country´s commitments and opportunities under the Paris Agreement. It is expected to generate value added actions that could provide a new development pathway for the country in the short and long term. This support covers the evaluation and adjustment of existing fiscal instruments and legal proposals and current efforts and mechanisms to promote green growth. Furthermore, this work will facilitate the alignment of current policies and strategies with green development and Paris Agreement commitments.
Scope of Work
The consultant will focus on a revision of fiscal instruments proposals, support all related discussions with the dedicated team from MHCP and provide the legal drafts needed for greener it and facilitate its implementation. Likewise, it is expected that those instruments also help to generate new employment options through the promotion of clean technologies, expecting a positive impact on the economy in general.
The fiscal and legal regulation will be carried out by developing the following three components:
Component 1. fiscal and legal instruments diagnosis
The main output in this component is the identification of a set of priority fiscal and legal measures that have been identified by various stakeholders to have the highest potentials to promote Green Growth and NDC achievement and define the regulatory approach to implement them.
Component 2. Validation, consultation and prioritization
The main output in this phase is to validate the prioritized fiscal proposals with the highest potential to promote green growth in which the MHCP and key stakeholders must focus legislative action in the coming 6 months, based on the conclusions drawn from Component 1.
Component 3. Drafting of the legal regulatory documents
The main output in this component is the submission of regulatory draft texts to be revised by the MHCP that would support the implementation of the prioritized measures. In addition, a technical report with the detailed explanation of the rationale, implementation roadmap and further regulation reforms needed must be provided.
As a general guideline for the process, the final deliverable should be able to tackle the following key questions:
1) What is the saving that the fiscal and legal regulation will generate?
2) Which is the additional income that the fiscal and legal regulation will generate?
3) What goals of the National Development Plan will the fiscal and legal regulation contribute to meet?
4) What goals of the Green Growth Policy will the fiscal and legal regulation contribute to meet?
5) Which externalities will be solved with the fiscal and legal regulation?
6) What international commitments will the fiscal and legal regulation contribute to meet?
For this assignment, the selected consultant will work with a team that will be coordinated by a Project Leader and the MHCP Advisor (both designated by the General Deputy Minister, Mr. Juan Alberto Londoño). The consultant will deliver the products indicated in these terms of reference and will work according to the Project Leader directions, and in coordination with the with the MHCP project team. The work will be undertaken for cooperation with Ministry of the Finance then flexibility and a shared vision for the project outcome are essential.
The consultant will also be supervised by GGGI in specific issues regarding the contract between he/she and GGGI, but this supervision will not involve decisions related to government discussions or decisions.
The expected outputs are the following:
A complete workplan based and a detailed methodological approach must be prepared by the consultant and submitted to the Project Leader and Ministry of Finance.
(2) Fiscal and legal regulation measures assessment to foster Green Growth and support the Paris Agreement & NDP 2018-2022 implementation.
2.1. Review and support the completion/validation of a set of fiscal measures to support the Green Growth Policy, NDP 218-2022 and Colombian NDC implementation, based on the GGGI inputs and pre-existent databases and information.
2.2. Perform an evaluation and diagnosis of the operational and legal viability of the proposed prioritized fiscal instruments that are being considered by MHCP to achieve the goals of this consultancy.
2.3. Consult, validate and prioritize with relevant stakeholders the final proposals of new or adjusted fiscal instruments, considering the legal adjustment requirements.
The Consultant is responsible for the consolidation of the fiscal and legal regulation measures assessment with technical guidance from the Project Leader and the project team. The Project Leader and the MHCP advisor (as designated by General Deputy Minister) will guide the final corrections and adjustments to the assessment and will propose the alternative measures and methods to analyze and prioritize the actions to be included in the fiscal and legal regulatory proposals to implement the Green Growth Policy, NDP 2018-2022 and the Paris Agreement in Colombia.
(3) Fiscal and Legal Regulatory Drafting
The consultant shall deliver the fiscal and legal regulatory draft documents including the inputs from relevant stakeholders, to be reviewed and approved by the internal teams within MHCP. Consultant must prepare all material for discussion meetings and high-level presentations to prepare the final regulatory documents (including law project rationale and texts).
(4) Fiscal and Legal Regulation Implementation Roadmap
The consultant shall deliver the regulatory roadmap to implement the prioritized proposals based on the relevant stakeholders’ inputs. The specific short- and long-term activities of the road map must be included.
The consultant work progress will be monitored primarily through periodic review meetings, the precise schedule of which is to be determined based on a planning with the Project Leader. In these review meetings will be tackle subjects such as: the overview of the project, the development of project activities, detailed information on project objectives and milestones, actual achievements made against the timeline initially set, and any other relevant progress details.
All reports or outputs must be written in Spanish, in accordance with GGGI’s formatting requirements, and submitted in soft copy along with complete sets of raw data, research materials, and meeting notes. The legal drafts must be written in legal framework according to Colombian regulations.
Suggested methodology and competence requirements
The consultant will make best use of both primary and secondary sources of information to prepare the assessment and the fiscal and legal regulatory draft. Face-to-face consultation through interviews, workshops, group discussions with relevant stakeholders and authorities is necessary to validate and prioritize the actions to be included. The consultant will report directly to Project Leader and the MHCP counterpart and coordinate closely with the project team.
Teamwork, integrated technical work, and collective responsibility for the consultant’s output are crucial. The consultant will be responsible to attend all the events and technical meetings required.
The Consultant should demonstrate the credentials described below.
- An advanced degree in Law/Economics/Environment/Public Policy/ or other related degree.
- At least five years of professional experience supporting fiscal reforms from the technical and/or legal perspective.
- At least two years of professional experience on environmental management, sustainable development, climate change or green growth.
- Previous working experiences working with the GoC, international organizations, development partners, and high-level authorities are essential
- Excellent writing and report preparation skills.
- Excellent analytical skills, critical thinking ability, and quantitative skills.
- Strong communication and diplomatic skills.
- Excellent Spanish knowledge and good English writing and speaking skills are required.
- Legally entitled to work in Colombia.