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Legal Advisor, USAID/Afghanistan

Employer
Dexis Consulting Group
Location
Washington, DC
Closing date
Dec 8, 2021

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Industry
Law
Function
Administrative
Hours
Full Time
Career Level
Experienced (Non-Manager)
About Us: Dexis is a professional services firm that solves the most pressing social challenges in complex environments, paving the way for a more secure and prosperous world. Dexis embraces diversity, equity, and inclusion and strives to build and maintain a safe environment where we celebrate diverse backgrounds, treat everyone with respect, and value the unique lived experiences each person brings based on their race, ethnicity, sexual orientation, gender identity, religion, disability, military or veteran status, national origin, age, marital status or family status and related conditions. At Dexis, you will experience a corporate culture of inclusiveness, fairness, and trust. You will be given the means and mentorship needed to succeed, and your creativity will be rewarded. About the Position: Dexis is seeking a Legal Advisor to provide support to the United States Agency for International Development (USAID) Afghanistan Mission. This position is remote within the United States supporting USAID/Afghanistan, under the direct line supervision of the Senior Resident Legal Officer, Foreign Service Officer Direct Hire. The primary focus of this position will be to provide legal and ethics advice and counsel on matters of US, international, and local law in Afghanistan. The incumbent will also represent the Resident Legal Office (comprised of two Foreign Service Officer Direct Hires, two local legal advisers and an administrative assistant) at meetings with Mission, Embassy, and Afghan government officials. The incumbent's duties/responsibilities involve the full range of consultative, advisory, monitoring, management, data collection and analysis, and evaluative aspects of providing legal advice and counsel to USAID/Afghanistan on a variety of legal, particularly local law, matters relating to Mission programs and operations (ie, labor law, contractual matters, etc.), taxation of assistance, and other bilateral issues arising with the Afghan Government (GIRoA). The incumbent counsels, collaborates, and coordinates with Mission colleagues in Kabul, or alternative overseas location(s) and works with US Embassy colleagues regarding matters of local law and privileges and immunities under international law, including issues related to taxation and customs duties. She/he also collaborates with colleagues from the donor community, USAID partners, the national government in Afghanistan, and non-governmental organizations. The position is 100% remote. The start date is immediate. Responsibilities: The duties and responsibilities of the Legal Advisor will include, but are not limited to, the following: Legal Advice and Ethics Counseling Responsibilities - (50%) Provides legal advice and counsel to the Mission and its staff on local law matters relating to USAID and USAID/Afghanistan programs and operations. Writes legal opinions and briefs regarding questions of GIRoA (local) laws and reviews program material for soundness and accuracy with respect to local laws. The incumbent assists the program and technical offices, as requested, in the design and implementation of development program activities. Tracks legislative and regulatory initiatives and prepares reports on executive and legislative activities/developments affecting USAID or its partners for the RLOs, senior Mission management, and the technical offices. Assists the RLOs on all legal aspects of taxation of assistance and registration; and represents the Mission in meetings with the GIRoA and other donors regarding legal issues. Participates in working groups to develop implementing procedures for tax and customs exemptions including, as necessary, analyzing and drafting local law modifications. Assists in the creation, review, interpretation, and analyses of memoranda of understanding, bilateral agreements, and other legal documents. Participates in negotiations on proposed memoranda and agreements. Drafts or reviews for legal sufficiency local leases and contracts, including contracts for procurement of goods and services funded by USAID. Obtains information through direct liaison with senior GIRoA officials including key ministries and Parliament. Maintains contacts with members of the private bar and judicial officials on matters of local law. As requested by the RLOs, provides legal assistance to other US government agencies including the US Embassy when questions of local law are involved. Stays current with the laws and regulations of Afghanistan. Maintains familiarity with the laws of the United States (including the FAA, FSA, and annual appropriations acts), regulations affecting USAID programs and operations (including the FAR, AIDAR, and 0MB Circulars), the worldwide automated directive system (ADS), the Foreign Affairs Manual (FAM), and the Standard Rules of Ethical Conduct. Analyzes and evaluates policies affecting USAID program activities including tax issues as they pertain to the USAID/Afghanistan objectives and prepares analytical reports for key officials of the Mission. Drafts proposed letters to Ministry officials and advises on political ramifications. Advises Mission personnel on their proposed contacts with government officials and donors, eg, what approach to use, and what to look for or to avoid. Assists the RLOs on developing ethics training. Provides counsel on routine ethics issues. Provides training sessions to staff and implementing partners as directed (ie, on Equal Employment Opportunity, tax and customs duty exemptions, registration, etc.) Provides training and mentoring to junior Legal Specialist. Partner Communications and Liaison - (25%) Based on the technical nature of the responsibilities/duties of this position, the incumbent receives technical guidance, work objectives, and assignments from the RLOs. The incumbent assists in: providing legal advice to the Mission and its staff and Embassy on local legal matters relating to USAID, USAID/Afghanistan programs and operations and affecting the US government generally; liaising with donors, high-level government officials in Afghanistan, partners; and, identifying and resolving legal and ethical issues affecting overall USG operations and USAID program performance throughout Afghanistan. The incumbent will be required to liaise with partners on behalf of USAID to ensure that they understand the operating environment in relation to legal and ethical issues affecting the US government and USAID. To fulfill this responsibility, she/he will be proactive in facilitating communications amongst and between USAID/Afghanistan's cooperating agencies and their local partners in a timely manner. These communications will be carried out in English, Dari, and/or Pashto as the situation requires. Communication can be in person, by phone or written communications. The purpose of contact will be: (1) to maintain dialogue to determine if legal or ethical issues arise in relation to US government, USAID, or implementing partner operations program implementation; (2) in support of issues relating to legal reforms, rule of law, corruption, and human rights; (3) to maintain regular communications regarding any issues that arise; (4) if required, to collect, obtain, and verify factual information pertaining to program/activity planning and implementation (eg, statistics, activity progress reports, and proposals); and (5) to actively monitor and evaluate whether the legal or ethical issues have been resolved. The incumbent works collaboratively with USAID/Afghanistan's numerous implementing partners to assist in taxation and customs exemption, and registration, and to resolve issues affecting their operations. She/he will be required to coordinate and attend meetings, including high-level meetings with the Ambassador, DCM, Mission Director, Deputy Mission Directors, and high-level GIRoA officials; and recommend solutions to legal, ethical, and programmatic issues identified. She/he will also be expected to draft legal opinions and briefs and articulate in written memos what she/he did in the aforementioned capacities. The incumbent will assist the program and technical offices, as requested. Official Interaction and Association - (25%) The incumbent will be required to build and maintain a productive professional working relationship with the following parties: all categories of Mission employees (eg, USAID/Afghanistan, other US government agencies as assigned, US partners and their local partners); GIRoA officials as assigned and coordinated through the RLOs, and the US Embassy as appropriate, USAID/Washington's Office of General Counsel, the Office of Afghanistan/Pakistan Affairs, the Asia and Near East Bureau, and reform/rule of law programs and activities. Possible anti-corruption specific work may also be assigned as relates to management of the Office of Democracy and Governance's rule of law portfolio. Qualifications: Minimum Requirements: Ability to obtain facility access University degree at Law (LLB) degree and six (6) years of professional work experience. Education: The incumbent must be licensed to practice law in Afghanistan and be a member in good standing of the Afghan bar. Prior Work Experience: Progressively more responsible experience of legal positions or equivalent experience with an international donor organization, a US government agency, a law firm, or other international/local organization. Have experience in project administration and management procedures. Be proficient in the use of Windows, Google, Internet search engines, and e- mail applications. Post Entry Training: The incumbent is expected to possess the necessary technical training and skills required to perform the duties/responsibilities required of the position. Post entry training will be focused primarily on USAID's established policies, procedures, and regulations that govern: (I) USAID-specific laws that govern USAID's activities and procedures including the Foreign Affairs Act, appropriations laws, and USAID regulations and policies; (2) USAID-specific activity management and procurement systems; and (3) USAID-sponsored training in Project Design and Activity Management. Organized/formal training (both internal & external) may be provided from time to-time depending on the availability of funds and when determined to be in direct support of the RLO activities. Language Proficiency: Level IV (Fluent) speaking/reading of English language and Level IV (Fluent) speaking/reading of Dari and/or Pashto language is required. Job Knowledge: A comprehensive knowledge of the concepts, principles, techniques, and practices in the area of law is required. Past work experience with and knowledge of taxation, labor law, contracts, and business and non-profit organizations, structures and registration requirements is required. Knowledge of appropriate government and non government entities is critical to the successful performance of the duties assigned to this position and, therefore, required. Current knowledge of development and reform in Afghanistan is also required. In addition, the incumbent should have, after completing a three-month probationary period, a good understanding of USAID's policies, procedures and strategic goals. The incumbent must also have demonstrated potential to acquire knowledge of US government legislation, including annual appropriations laws; international law including governing treaties such as Bilateral Agreements and the Vienna Convention; and USAID programming policies, regulations, procedures, and documentation; and to demonstrate a thorough understanding of the objectives, methodology, and status of USAID/Afghanistan's overall Strategic Objectives. Skills and Abilities: Strong problem-solving skills and the ability to see the "big picture" are critically important. The incumbent is required to be able to: (I) obtain, analyze, and evaluate a variety of legal data; (2) organize and present legal and technical information in concise written and oral form; (3) identify, explain, and resolve important and complex legal issues independently; (4) furnish information and advice/counsel in assigned areas objectively; (5) follow oral instructions, and organize, prioritize and follow through on all assignments with minimal oversight; (6) type accurately; (7) edit documents, (8) focus on details; and (9) demonstrate proficiency in word processing, spreadsheets, databases, and other computer applications (ie, Microsoft Office, Excel, PowerPoint, etc.). Given the position's needs, effective written and oral communications are absolutely critical to perform successfully. The incumbent must be able to communicate effectively and accurately with: (I) all categories of the Mission's employees; (2) GIRoA officials at the Senior Minister level and lower (as applicable); (3) numerous international and local partners, NGOs, organizations, donors, and other embassies; (4) the USAID/Washington Office of General Counsel, Office of Afghanistan and Pakistan Affairs, and the Asia and Near East Bureau; and (5) the general public. The incumbent is required to be able to prepare briefing documents (as/when required), including legal memoranda, legal opinions, and Memoranda of Understanding. The incumbent must also be able to prepare reports, correspondence, and documents in a professional and competent manner requiring little or no editorial changes (in English). Excellent interpersonal skills and the ability to work effectively as a team member are required to: (I) facilitate productive professional relationships with the RLOs and other members of the USAID team, with implementing partners, and with national counterparts; (2) work calmly, tactfully, and effectively under pressure; (3) demonstrate extreme flexibility; (4) effectively manage more than one issue/activity at a time in the performance of duties and responsibilities; and (5) work effectively as a team member in established culturally diverse team environments. Additional Details: Supervision Received: The Legal Advisor will work under the general supervision of the Resident Legal Officers (who are US Direct Hires and Foreign Service Officers) for USAID/Afghanistan. The incumbent is required to be fully proficient in all aspects of legal work, to rely on the RLOs only for general policy, direction, and consultations on particularly sensitive or difficult issues and to be able to handle most issues and situations independently. and As the incumbent is expected to work with a high degree of independence, he/she must be able to establish priorities, adhere to and meet established deadlines, and perfonn responsibilities and duties with minimal guidance and limited follow-up. * Supervision Exercised*: This position is designated as non-supervisory. * Available Guidelines*: The incumbent is required to understand international law, conventions and treaties, US government and USAID specific laws and regulations, policies, and procedures including mission specific established administrative operating procedures, policies, and formats. Oral guidance from the RLOs and specific detailed instructions will be given (when necessary) for carrying out unique assignments. The incumbent will be required to be proactive in keeping abreast of laws, regulations, and policies that affect the US government and USAID general policies, programming policies, procedures, and operations, including but not limited to the Automated Directives System (ADS), Mission Orders, Mission Notices, US government procurement regulations, and USAID and US government Program Strategy and Policy Documents, including Afghanistan ANDS and NSP. * Exercise of Judgment*: Independent judgment is a prime requisite of this position. The Legal Advisor must exercise mature and responsible judgment daily on a wide variety of sophisticated legal and quasi-legal issues with significant implications for USAID's personnel, programs and financial resources. Tact and mature judgment in dealing with complex questions of local law and their proper application to a variety of situations must be exercised by the incumbent in this position. In instances not clearly covered by written guidelines, the incumbent will use her/his own personal, well-informed judgment in devising innovative approaches to resolving legal and/or policy problems. Excellent (balanced) judgment must be exercised in setting priorities. The use of initiative, discretion, and patience is expected from the incumbent in dealing with the US Embassy and USAID/ Afghanistan personnel, as well as representatives from other donor organizations, to resolve problems that arise during the course of work for which there is often no clear or immediate solution. In addition, considerable judgment is required in working effectively with officials in the national, regional, and local host governments and any relevant ministry or sub-agency as assigned, and if needed in coordinating multi-sectoral efforts in support of US government and USAID legal, policy, and development objectives, and in collecting, analyzing, and reporting on actions. The incumbent will also be required to follow and adhere to the US government Standards of Ethical Conduct. Failure to comply with the latter will result in immediate corrective personnel actions up to and possibly including immediate tennination of the incumbent's personnel contract. * Authority to Make Commitments*: None. * Nature, Level, and Purpose of Contacts*: The incumbent must have the ability to establish and maintain contacts at all levels of the GIRoA (ie, from the community level to the Ministerial level) and with stakeholders in the non-governmental arena in order to explain USAID legal authorities, governing laws and regulations, policies, objectives, and procedures. The incumbent must be able to transmit and interpret the GIRoA's and non-governmental sector legal and/or program-related concerns to senior USAID officials, Mission Management, and when necessary or required US Embassy personnel. The incumbent will be required to establish and maintain solid working relationships with all categories of Mission personnel to function effectively. Persons with whom the incumbent must maintain contact are constantly changing and expanding and the incumbent must maintain flexibility to reach out and establish relationships with new counterparts. The incumbent will be required to work closely with: US government mission technical staff at the US Embassy and USAID, GIRoA officials, non-governmental officials (such as Directors of NGOs and community organizations), private sector representatives, and other foreign donor institutions (ie, UNDP, DFID, World Bank, EU, etc.). The established method of communication/contact will be in person, or by phone or written communications. The purpose of contact will be: (1) to maintain open lines of communication in support of USAID legal and policy issues; (2) to maintain regular communications; (3) to collect, obtain, and verify factual information; (4) to monitor and evaluate legal issues and existing activities on a regular basis; and (5) to gather information needed for reporting information to the RLOs and others, including Mission Management and the US Embassy. The purpose of contacts are wide-ranging, from simple information gathering to assisting in identifying and resolving complex legal and policy issues, including the communication of official USAID/US Embassy positions on legal issues; the provision of recommendations on laws, regulations, or procedures that need to be modified; the sharing of concerns on issues of mutual interest; the provision of suggestions on how to solve problems; and general information exchange. Consultations between the incumbent and partners can be held for explaining and resolving legal and ethical issues, securing cooperati Job Type: Full-time

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