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Rule of Law (Trade Law and Finance) Projects

 

Services and Investment Law Advisor

Resident Botswana. Missions in SADC

SADC Secretariat

07/2008 – 05/2009

Developed strategy and managed programmes, delivered and communicated results. Provided technical legal advice on drafting a SADC Protocol on Services, SADC’s Industrial Policy and SADC’s Tourism Policy and Protocol.

Prepared a Comparative Review of Investment Provisions in EPAs & Considerations for Participating SADC EPA States (reviewed both Trade and Investment Framework EPAs, e.g., FTA Canada – EFTA Jan 2008; US – Uruguay 2007; US – Vietnam 2007; and EPAs with substantive provisions on admission and protection of investment, e.g., COMESA Common Investment Area, 2007; FTA China-New Zealand April 2008; FTA Canada-Peru, May 2008; and FTA ASEAN-Japan, 2008).

Undertook comprehensive review of services in SADC, including full GATS commitments and potential EPA modalities (by sector).
Contributed to Developing National and Intra-Regional Positions. Set up/facilitated/chaired meetings to develop substantive positions and commitments in trade in services and investment. Outputs: Drafted Investment Chapter for negotiating the EPA and Services Modalities.

Facilitated Services and Investment Negotiations for Technical Working Groups, Senior Officials and Trade Ministers throughout the SADC region on services and investment with the view to advancing sustainable development through regional cohesion and improved trading agreements. Presented SADC’s position in EPA negotiations with the EC (in Brussels, Botswana and South Africa) and provided legal advice to SADC Member States throughout the negotiations.

Secretariat Services: Drafted agendas, minutes, briefings and debriefings for intergovernmental meetings and workshops.

Drafted two substantial compendium Position Papers, one on “Negotiating Trade in Services” and the other on “Investment in the SADC-EPA”.

Delivered over 25 Capacity Building seminars on Services Trade Law, Investment Treaty Law, Government Procurement, Competition Law, Negotiating Skills and the Legal Aspects of Trade Negotiations at national and regional levels. In addition, facilitated workshops for MS to devise cohesive positions on International Investment Agreements (IIAs) (investment protection, investment promotion and sustainable development).

Project managed sub-contractors to deliver on specific sub-projects, e.g., Horizontal Measures in Services, Mode 3 Commercial presence in trade in services and International Investment Agreements.

Worked with Member States (MS) to develop their respective negotiating positions on specific areas of interest to them, e.g., for Lesotho, tourism and related value chain links. Advised MS on launching, or improving, their respective tourism satellite accounts.

 

Senior Legal Advisor Trade-related Issues ESA EPA

Mauritius

Government of Mauritius

12/2008 – 01/2009

Trade Related Issues – Comparative Perspectives within the Context of the ESA EPA. Deliverables: Needs analysis. Stakeholder consultations. Study and report on policy perspectives of 7 COMESA/ SADC countries on: i) competition policy and law; ii) incentives for private investment (for all services but in particular tourism and related services); iii) intellectual property rights; iv) trade, environment and sustainable development; and v) transparency in public procurement. Validation workshop.

 

Legal Expert International Services Trade Law

Uganda

TRINNEX programme

CDE – PRO€INVEST

06/2007

Delivered study: “EPAs: Key Issues for Tourism”. Facilitated workshops on GATS law & services negotiations

 

Chief Technical Advisor

Zanzibar, Tanzania

Ministry of Tourism, Trade & Investment (EDF)

04 – 12/2007

Established PPP, public-private-sector-NGO, partnerships. Launched “ZANTRADE – a trade diagnostic creating an enabling environment for poverty reduction”. Established and co-chaired 7 “ZANTRADE” workstreams:

1). Trade Policy Review;

2). Trade Development (traditional & non-traditional products, inc privatisation of spice industry);


3). Export Promotion (worked with SME’s to engage in Trade Fairs: Tanzania, East Africa, International; hosted international Chambers of Commerce and potential investors for the first time; established partnerships with international trade centres);


4). Tourism & Natural Resources (value chain analysis and positioning of intermediary organisations within the value chain for tourism);


5). Fair Competition & Consumer Protection (including TRIPS, Trade Remedies & Anti-Dumping, approximation of Competition Laws with mainland Tanzania and East Africa);


6). Trade Negotiations (SADC, EAC, NETT (EPA)); and


7). Planning, Economics & Investment (tax/tariff/duty exemption harmonisation; SME development; local development and better communities and aid/donor co-ordination with Tanzania).
  • Advised and represented Zanzibar in EAC governmental meetings (at Trade Minister and Technical level), Arusha, Tanzania.

 

Legal Expert WTO Accession

Seychelles

EC/IDC

( EDF)

10/2006 – 01/2007

Drafted WTO Accession audit, compliance audit and legislative action plan. Delivered workshops on WTO covered Accords, SPS, TBT and TRIPS. Facilitated workshops and drafted checklists and action plans on SPS and TBT (WT/ACC/8) and TRIPS checklist (WT/ACC/9). Audited tourism positioning paper. Drafted Seychelles position on a Tourism Reference Paper.

 

Legal Expert International Services Trade Law

Vanuatu and Pacific Islands

TRINNEX programme

CDE – PRO€INVEST

08 – 11/2006

Delivered study on Services in the Pacific. Assessed the GATS services schedule, or proposed schedule, of each Pacific Forum Member State and conveyed recommendations to participants on the GATS and on developing their schedule of commitments within the context of PICTA and PACER negotiations.

Facilitated workshops on GATS law, services and tourism negotiations.

Support to the regional Investment Conference in terms of services, notably tourism (PROFIT in the Pacific).

 

WTO Accession Expert

Sudan

European Commission / Gruppo Soges S.p.A, under European Development Fund

09/2006

Drafted legislative action plan on Sudan’s Accession to the WTO.

 

Legal Expert International Services Law

Madagascar

EC Framework contract (Jexco Project Team)

06 – 09/2006

PMU to Support Integration of ACP States into Multilateral Trading System. Conducted research with intermediary organisations (IOs), advisory on negotiating position within the Doha Round, bilateral accord’s, market access, & redrafting domestic trade laws. Further consultations with private & public sector intermediary organisations on establishing service delivery agreements across tourism, financial services & ICT. Devised and worked with tourism associations to launch a MadaTourism campaign, which focused on Eco-Tourism. Trade policy review and development of a trade policy framework under the Insight trade diagnostic “MadaTrade”.

 

Legal Expert EPAS

WTO Trade Law & Services

Senegal

TRINNEX programme

CDE – PRO€INVEST

12/ 2005

2 Studies: Issues in Services Trade & Multilateral Arrangements & Assessment of Services Trade & EPAs in West Africa. Plus conference presentations: ‘Services & EPAs’ (West Africa Regional Conference on EPAs).

 

Legal Expert WTO Trade Law & EPA

Kenya, Eastern & Southern Africa (ESA)

TRINNEX programme

CDE – PRO€INVEST

05/2004

Capacity Building Assignment to ESA. Study and capacity building. Title of workshop: “Sanitary and Phytosanitary Measures: A Food Sovereignty Framework for the ACP in Achieving WTO Compliance”.

 

Legal Expert WTO Trade Law & EPA

Madagascar

TRINNEX programme

CDE – PRO€INVEST

03/2004

Madagascar- Capacity Building Assignment to AFOA.

Study and Conference. Drafted and presented two capacity building modules:

1) Trade Defence Mechanisms (Subsidies, safeguards, Countervailing Measures);

2) Sanitary and Phytosanitary Measures (SPS)

 

Corporate Finance Associate

(Insight Consulting – Insight International subsidiary)

Lingard, New Zealand

Ernst & Young

April-July 1998

Packaging/Labelling/Printing Services. Long-term growth & commercial strategy,

which entailed establishing offshore ventures.

 

Expert Local Government & Public Services

(Insight Consulting – Insight International subsidiary)

New Zealand

Christchurch City Council

June 1997 – 1998

Local Government: Construction Services (1997 – 1998), Christchurch City Council, New Zealand

Management & PR plan for the property services division. Engaged public and private sector. Set up legal processes for managing housing contracts for the underprivileged.

 

Expert Local Government & Public Services

(Insight Consulting – Insight International subsidiary)

New Zealand

Christchurch City Council

June 1997 – 1998

Local Government: Information & Research Services (1997 – 1998)

Facilitated the development of “strategic directions” for the Canterbury Public Library, Christchurch City Council, New Zealand. www.ccc.govt.nz .

 

Expert Local Government & Public Services

(Insight Consulting – Insight International subsidiary)

New Zealand

Christchurch City Council

1997

Local Government: Water Services (and Waste Unit) (1997)

Audit of legal & policy procedures; planned educational modules, trained staff on legal document procedures; and provided ongoing reviews and support to the management team of the water services unit of the Christchurch City Council, New Zealand. Utility Regulation.

 

Expert Advisor Competition Law & Pricing (Insight Consulting – Insight International subsidiary)

New Zealand

Proseed

March – June 1997

Forestry: New Zealand Crown Authority & Proseed New Zealand (March – June 1997)

International Competition Law : Pricing Review. Assessment included international direction (Chile & South Africa) & IP protection of “genetically improved seed”. Review of seed legislation affecting New Zealand forestry, notably radiata pine. Endorsed & adopted by senior government officials & crown entities.

 

Expert Local Government & Public Services

(Insight Consulting – Insight International subsidiary)

New Zealand

Christchurch City Council

June 1996 – 1997

Local Government: Integrated Customer Services Strategy & Change – Tourism, Parks, Finance…

Christchurch City Council, New Zealand (Nov 96 – Nov 1997)

Structured and chaired a taskforce to change the customer service delivery of 54 service units.

Facilitated the development of the Council’s new vision and mission: to make Christchurch a great place to live, work, play and raise a family.

Developed an Integrated Change Management Framework across 54 service units, including tourism, parks, finance, water, waste, information services.

Managed and directed major consulting houses and public sector staff to deliver specific change modules, e.g. ERP, call center implementation, process re-engineering, training, cultural change, etc.

Outputs: terms of reference; strategic framework; organizational vision; market research (qualitative & quantitative, e.g. K-part partitioning to develop service determinants); process analysis; feasibility assessments, e.g., tourism; technology deployment; internal communication; workshops; guidance to governance committees and change management.

 

Expert Advisor Competition Law & Pricing

(Insight Consulting – Insight International subsidiary)

New Zealand

Proseed

March – June 1997

Forestry: New Zealand Crown Authority & Proseed New Zealand (March – June 1997)International Competition Law : Pricing Review. Assessment included international direction (Chile & South Africa) & IP protection of “genetically improved seed”. Review of seed legislation affecting New Zealand forestry, notably radiata pine. Endorsed & adopted by senior government officials & crown entities.

 

Expert Local Government & Public Services

(Insight Consulting – Insight International subsidiary)

New Zealand

Christchurch City Council

1996

Local Government: Customer Services Audit, Christchurch City Council, New Zealand (06/96-11/96).

Inc. qualitative & quantitative assessment of service delivery to local residents & visitors to the city (business & tourists). Directed business units to establish Balanced Scorecard & KPI’s for their respective areas.