Individual Contractor

UN Children's Fund, Panama, Panama
 UN Children's Fund logo
Job Summary

Job Description

UNICEF works in some of the world’s toughest places, to reach the world’s most disadvantaged children. To save their lives. To defend their rights. To help them fulfill their potential.

Across 190 countries and territories, we work for every child, everywhere, every day, to build a better world for everyone.

And we never give up.

For every child, dedication

Strategic office context:

9 out of 24 Country Offices (COs) in Latin America and Caribbean (LAC) region already have an established Private Sector Engagement strategy, primarily aimed at fundraising. This is a highly successful venture raising nearly $100 million yearly and contributing to fund LAC CO programmes across the region and Regular Resources to UNICEF globally.

The vision of these country offices is to accelerate growth and their revenue projections up until 2021 with a total potential of up to $200m. During the development of these goals, CO's identified some key enabling areas which need to be unlocked in order to deliver growth. One of these areas is a more detailed understanding of the legal and tax environment in which the COs operate and how these laws apply to UNICEF considering its international legal status. The purpose of this individual contractor opening is to focus on some of the key areas which Private Sector Fund Raising (PSFR) CO's believe can enable and advance their work to help them achieve their goals.

UNICEF Legal and Operational Status:

UNICEF was established by the United Nations General Assembly in resolution 57(I) of 11 December 1946 as a subsidiary body of the General Assembly. As such, UNICEF receives the privileges and immunities set out in the Convention on the Privileges and Immunities of the United Nations of 1946 (the "General Convention") as well as under both national legislation, such as the International Organizations Immunities Act, Public Law 79-291 of 1945 (USA) and the International Organisations Act of 1968 (England and Wales), and bilateral agreements with host governments in developing countries ("Basic Cooperation Agreement"). UNICEF's operations are therefore not governed by the domestic law of any Member State of the United Nations. Furthermore, UNICEF is exempt from all direct taxes (except charges for utilities services) and customs restrictions, duties and charges of a similar nature in respect of articles imported or exported for UNICEF's official use in accordance with the exemption from tax in Article II, Section 7 of the General Convention.

UNICEF is headquartered at United Nations Headquarters in New York and has associated headquarter locations in Geneva and Copenhagen together with an office in Florence. In addition, it operates at the national level through branch offices known as "country offices" in some one hundred and fifty countries. UNICEF country offices receive guidance and support through seven regional offices worldwide, one of which is the Regional Office for Latin America and the Caribbean Region based in Panama.

UNICEF carries out its operations in each of these countries under the authority of its Basic Cooperation Agreement (BCA) with the host government and through a unique programme of cooperation developed with and approved by the host government and UNICEF. Many of these country offices engage in the area of private sector fundraising (PSFR) and engagement to maximize resources and leverage the influence of the private sector. UNICEF country offices are not registered as charities in the countries in which they conduct PSFR activities, but rather derive their authority to conduct such activities under the BCA.

How can you make a difference?

EXPECTED RESULTS (measurable results):

  • The Legal Researcher will be asked to provide a comprehensive study of the relevant legal and tax regulatory requirements in 8 of UNICEF LAC's PSFR Country Office markets (in addition to any state/regional variations). These 8 COs are: Argentina, Brazil, Colombia, Chile, Ecuador, Mexico, Peru and Uruguay.
  • The individual contractor will conduct a country by country analysis and mapping of the laws and tax requirements that apply to UNICEF LAC on each of the below areas. In addition, you will provide recommendations of opportunities and risks for how each country office could engage with the relevant donors (and potential donors where relevant) based on the legal findings. In particular, the mapping should cover the following:
  • Tax exemption and deductibility laws for donors Mapping: Provide a mapping of tax exemption and deductibility laws for Individual (cash, pledge and legacy), Corporate (cash and in-kind) and Philanthropic (Major Donors and Foundations) donors and explain clearly the benefits that can be offered to donors on a country by country basis. Verify if UNICEF qualifies as a “charitable organization” for tax purposes in each country. Understand if the above donors have a specific amount they need to donate per year to enable tax benefits and explain what these benefits are. For Philanthropic Foundations, describe if there are different tax implications for corporate and family foundations and if there are any implications on tax benefits for international funding.
  • Legacy Legal Mapping: Provide a mapping of legal and administrative implications for UNICEF requesting and receiving Legacy gifts (from donors and potential donors) and recommendations for how UNICEF LAC CO's could engage based on the legal findings. This includes an explanation of: the basic legal requirements for the creation of a valid will;each administrative step in the execution and probate of a will, including filing procedures, court submissions, notarizations, etc.; any fees, taxes or other duties for which a beneficiary may be liable in respect of a legacy; as well asany applicable time-limits.In particular, we need to understand in what situations UNICEF as a beneficiary is required (a) to take on any administrative roles, including for example, the role of executor or administrator, (b) to provide a power of attorney or affidavit or other court submission, or (c) to become involved any other way in a court process.We also need to understand the eligibility criteria, if any, for UNICEF LAC COs to receive physical gifts as part of the fundraising process.
  • Data Privacy and Protection Laws Mapping and Recommendations: Provide a mapping of the existing data privacy and protection laws related to Individuals donor data in each CO including the implications of how GDPR impacts each CO (EU General Data Protection Regulation) and how these apply to UNICEF. Provide recommendations based on the legal findings for how CO's could engage with relevant donors.
  • Tax Exemption as applied to UNICEF: Examine each of the Basic Cooperation Agreements that exist with 8 CO's to understand where it has been agreed that UNICEF is exempt of all direct taxes. Assist in issuing a recommendation to CO's where this agreement is not currently implemented.
  • Provide a mapping of Law firms by country who have expertise in international law

DELIVERABLES:

Description

Delivery deadline

Tax Exemption and Deductibility Laws:

  • Provide a mapping of tax exemption and deductibility laws for Individual (cash, pledge and legacy), Corporate (cash and in-kind) and Philanthropic (Major Donors and Foundations).
  • Provide recommendations of opportunities and risks for how each country office could engage with the relevant donors (and potential donors where relevant) based on the legal findings.
  • Provide a recommendation on the respective laws and how these could benefit donors

Legacy Legal Mapping:

  • Provide a mapping of legal and administrative implications for UNICEF requesting and receiving Legacy gifts (from donors and potential donors).
  • Provide recommendations of opportunities and risks for how each country office could engage with the relevant donors (and potential donors where relevant) based on the legal findings.

Data Privacy and Protection Laws Mapping and Recommendations

  • Provide a mapping of the existing data privacy and protection laws related to Individuals donor data in each CO.
  • Provide recommendations based on the legal findings for how CO's could engage with relevant donors.

Tax Exemption as applied to UNICEF

  • Tax Exemption as applied to UNICEF: Assist in issuing a recommendation to CO's where this agreement is not currently implemented.

Mapping of Law firms

  • Provide a mapping of Law firms by country who have expertise in inter

he payment schedule is as follows: due to the mixed and on-going nature of deliverables, monthly payment shall be made upon submission of monthly invoices together with a report on the status of each deliverable according to the agreed timeline. Please factor this in your financial proposal based on the deliverables outlined above.**

To qualify as an advocate for every child you will have…

  • Education:

Advanced university degree in law with training and experience (3 years) in international law. Paralegals also considered. Additional relevant experience in lieu of a master degree may be considered.

  • Experience:

A minimum of 7 years of experience working within a legal environment within the Latin America Region or at international level.

Experience working with UN agencies an advantage.

Thorough knowledge of Laws and Regulations both internationally and in the LAC Region is required. Specific technical knowledge of private sector fundraising laws is highly desirable.

  • Language Requirements:

Oral & written fluency in English, Spanish and Portuguese required.

MANAGEMENT ARRANGEMENTS

The Individual Contractor will work under the guidance of the Chief of Partnerships in LACRO.

INDIVIDUAL CONTRACTOR'S WORKPLACE:

The hired individual contractor will work primarily remotely and can be based anywhere in the LAC Region.

DURATION:

Estimated start date of this individual contract is: 20 May up to 31 December 2019.

TRAVEL (IF APPLICABLE):

  • Travel will be covered by UNICEF as per policy. Travel costs will be estimated and added to the contract once they are determined based on UNICEF Financial Rules and Regulations.
  • For agreed country visits, the contractor/consultant will be responsible in administering their own travel. UNICEF will reimburse travel related expenses based on actual costs or on the below criteria whichever is lower and upon presentation of receipts.
  • Any travel involved should be budgeted according to UN Travel Standards as a ceiling.
  • Travel: Sect. 4, para. 4.2, numerals (d) and (e)
  • Accommodation (Daily Subsistence Allowance, DSA): (all countries and destinations can be found by navigating on the map)

The payment schedule is as follows: Due to the mixed and on-going nature of deliverables, monthly payment shall be made upon submission of monthly invoices together with a report on the status of each deliverable according to the agreed timeline. Please factor this in your financial proposal based on the deliverables outlined above.

financial proposal (as in a separate document) detailing the total costs of the assignment to produce the deliverables mentioned above must be submitted by all applicants. The Fee must be an all-inclusive fee. Applications submitted without a daily/monthly rate will not be considered.

  • Application must include CV and Personal History Form - P11. Only applications with a financial proposal on expected fees will be considered.

EVAUATION METHOD AND CRITERIA:

Individual Contractors will be evaluated based on a cumulative methodology, being the award of the contract made to the Contractor whose offer has been evaluated and determined as:

  • Responsive/compliant/acceptable, and;
  • Having received the highest score out of a pre-determined set of weighted technical and financial criteria specific to the solicitation.

Technical component score

Max. 70 points

Economical component score

Max. 40 points

TOTAL score

Max. 100 points

  • Only candidates obtaining a minimum of 50 points (of the total technical points) would be considered for the Financial Evaluation

HOW TO APPLY

To apply, click on the Apply link found either at the beginning or at the end. With your application, please submit the following or your application would be considered incomplete:

  • Technical proposal (The technical proposal should include: cover letter referring to the required qualifications, proposed methodology to carry out the work, and 3 supervisory references from previous work experiences)
  • Financial proposal (A financial proposal (as in a separate document) detailing the total costs of the assignment to produce the deliverables mentioned above must be submitted by all applicants. The Fee must be an all-inclusive fee. Applications submitted without a daily/monthly rate will not be considered.)

Please note only short-listed candidates will be contacted. UNICEF reserves the right to make additional assessment of the pre-selected candidates, if needed

UNICEF is committed to diversity and inclusion within its workforce, and encourages all candidates, irrespective of gender, nationality, religious and ethnic backgrounds, including persons living with disabilities, to apply to become a part of the organization.

UNICEF has a zero-tolerance policy on conduct that is incompatible with the aims and objectives of the United Nations and UNICEF, including sexual exploitation and abuse, sexual harassment, abuse of authority and discrimination. UNICEF also adheres to strict child safeguarding principles. All selected candidates will, therefore, undergo rigorous reference and background checks, and will be expected to adhere to these standards and principles.

Source: http://www.unicef.org/about/employ/?job=521698


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