Background
Office/Unit/Project Description
The Office of Legal Services (OLS) is part of the Bureau for Management Services (BMS) and is the exclusive source of legal advice to the Administrator and all UNDP business units. The legal services provided by BMS/OLS guide organizational priority-setting and decision-making within UNDP’s mission, as well as the overall framework of the Sustainable Development Goals and UNDP’s Strategic Plan.
BMS/OLS support the Bureau for Policy and Programme Support (BPPS) with the development of relevant policy and legal instruments and agreements required for the implementation of UNDP projects and programmes. The BBPS Climate Hub is the arrowhead of UNDP’s commitment to the “Climate Promise” that aims to support programming countries designing and implementing pledges under the Paris Agreement, including ambitious National Determined Contributions, with climate change mitigation and adaptation interventions fully embedded in the national development planning and budgetary processes.
As a Green Climate Fund (GCF) Accredited Entity (AE), UNDP can assist interested countries in filling gaps towards securing eligibility, developing Funding Proposals (FPs), and implementing REDD+ Results-Based Payment (RBP) projects. The Climate, Forest, and Land pillar of BPPS´s Climate Hub hosts the team that is managing the REDD+ portfolio with the GCF, including RBP projects from the Pilot Programme, in close coordination with the Vertical Fund Programme, Support, Oversight, and Compliance Hub. The GCF Board meeting 40th (B40), approved in Oct 2024 a new Policy to finance REDD+ RBPs. As of December 2024, 19 countries reported REDD+ results to the UNFCCC under the GCF eligible results period. These countries can complete eligibility in the immediate and short terms. Five of those countries have presented a formal request to UNDP to play the role of accredited entity for new RBPs projects. UNDP will utlize the Performance-Based Payment Agreement (PBPA) modality to achieve quick delivery at scale.
Another important source of performance-based climate finance are the emerging carbon markets (including both, jurisictional/national Volunctary Carbon Markets – VCM schemmes, as well as cooperative approaches established under Aritcle 6 of the UNFCCC´s Paris Agreement). Recognizing the relevant role that carbon markets can play to contribute achieving the goals of the Paris Agreement, the need to ensure high integrity in carbon market transactions, and to respond to the demand of countries and financiers to participate in carbon markets, UNDP developed the High Integrity Carbon Markets initiative (HICM). Two offers under HICM (namely, playing the role of Financial Intermediary of carbon market transactions under the LEAF Coallition and facilitating transactions under Article 6 of the Paris Agreement) will benefit of using UNDP´s PBP instrument, as well as adjusting other instruments, e.g. Development Services Agreements (DSA), to formalize the institutional framework to operationalize the initiative.
In this context, BMS/OLS, in close collaboration with BPPS´ Climate Hub, through the Climate, Forest, and Land (C&F) team, is seeking legal expert services to support BMS/OLS in the update and adjustment of the DSA and the PBPA templates and the review of related policies to make them fit for the implementation of performance-based climate finance projects/programmes.
Scope of Work
The Legal Specialist will support the Senior Legal Advisor, Head of the Programmes and Projects Team at BMS/OLS, in the following areas:
Update the Performance Based Payment Agreement (PBPA) template to, among other things: Reflect policy changes since the issuance of the template; Ensure that donor conditionalities are properly reflected; Make them fit for the implementation of climate performance-based financing. Updating the PBPA template to separate one with working capital reimbursements (WCR) and the other without WCR; and Updating the annexes. Update the Development Services Agreement (DSA) template to, among other things: Reflect policy changes since the issuance of the template; and Make them fit for the implementation of climate performance-based financing, among others by preparing two updated DSA templates, one for the event in which the recipient and the financer of the services are the same entity and another for the event in which the financer of the services and the recipient are not the same entity. Review the policy changes proposed by BPPS to the PBP Policy, the DSA Policy and other relevant UNDP policies and the instruments, guidelines and procedures developed under such policies in order implement climate performance-based financing projects, including providing legal feedback, preparing mark-ups, drafting email advice, and participating in meetings. Liaise with the different internal departments in UNDP to obtain input and feedback to the templates and policies. Other support that the Senior Legal Advisor may require in connection with the matters covered in this TORs including preparing mark-ups, drafting email advice and participating in meetings.Institutional Arrangement
The Legal Consultant will report to the Senior Legal Advisor at HQ/BMS/OLS and will work closely with BPPS. The payment approvals will be processed by the Climate and Forest budget holder after approval of the invoice by BMS/OLS.
Competencies Core Achieve Results: LEVEL 3: Set and align challenging, achievable objectives for multiple projects, have lasting impact Think Innovatively: LEVEL 3: Proactively mitigate potential risks, develop new ideas to solve complex problems Learn Continuously: LEVEL 3: Create and act on opportunities to expand horizons, diversify experiences Adapt with Agility: LEVEL 3: Proactively initiate and champion change, manage multiple competing demands Act with Determination: LEVEL 3: Think beyond immediate task/barriers and take action to achieve greater results Engage and Partner: LEVEL 3: Political savvy, navigate complex landscape, champion inter-agency collaboration Enable Diversity and Inclusion: LEVEL 3: Appreciate benefits of diverse workforce and champion inclusivity
Cross-Functional & Technical competencies Thematic Area Name Definition Business Direction & Strategy System Thinking Ability to use objective problem analysis and judgement to understand how interrelated elements coexist within an overall process or system, and to consider how altering one element can impact on other parts of the system. Business Development Knowledge Generation
Ability to research information and to turn it into useful knowledge, relevant for context, or responsive to a stated need. Ability to apply existing concepts to new situations, and to develop new concepts to generate workable solutions and new approaches. Knowledge of relevant concepts, conceptual models, and theories that can be useful in addressing new situations.
Business Management Risk Management Identify and organize action around reducing, mitigating and proactively managing risks. Business Management Communication Communicate in a clear, concise and unambiguous manner both through written and verbal communication; to tailor messages and choose communication methods depending on the audience. Ability to manage communications internally and externally, through media, social media and other appropriate channels. Business Management Working with Evidence and Data Ability to inspect, cleanse, transform and model data with the goal of discovering useful information, informing conclusions and supporting decision-making Legal Knowledge of applicable legal framework Understanding of the legal norms as applied to the United Nations in general, and to UNDP in particular. This includes an understanding of the structure, functioning and operations of UNDP within the broader UN system and the application of international treaties, including the UN Charter, GA resolutions, the relevant basic country assistance agreement and UN system-wide legal instruments, as well as an understanding of the internal legal framework (financial regulations and rules, policies, and procedures) of UNDP. Legal Legal analysis skills The ability to digest a large amount of information and facts in order to frame and understand an issue, apply the legal framework to the particular set of facts and present a coherent and comprehensive analysis of the situation presented in order to deliver practical and meaningful advice. This skill includes the ability to provide an objective assessment of the case, the organization's best arguments for proceeding and a recommended course of action. It also includes the capacity to think creatively and flexibly, within the applicable legal framework. Legal Legal writing skills The ability to analyze fact patterns and present argumentation in written form. This includes the ability to draft memoranda, legal briefs and other submissions to external parties, in both an advocacy and objective format, and legal opinions. It also includes the ability to convey legal analysis and recommendations to internal parties in written form, with a particular view towards communicating for the particular audience who may not be a lawyer or have legal background.Minimum Qualifications of the Successful IPSA
Min. Education requirements
Advanced university degree (master’s degree or equivalent) in Law. Or a first-level university degree (bachelor’s degree) in Law, in combination with an additional two years of qualifying experience, on law practice in the development or environmental sector, will be given due consideration in lieu of the advanced university degree.Min. years of relevant work experience
Minimum of seven (7) years (with a master’s degree) or nine (9) years (with a bachelor’s degree) of relevant professional experience as lawyer in the development or environmental sectors.Required skills
Previous experience working in a legal function in a United Nations organization or as a consultant providing legal support to a UN organization in the areas covered in this ToRs. Proven experience developing legal agreement templates. Knowledge of the legal framework applicable to United Nations Organizations, including knowledge of the privileges and immunities of the UN. Knowledge of the framework agreements applied in the development and environmental sector. Knowledge of performance-based financing. Experience providing legal review of policies.Desired skills in addition to the competencies covered in the Competencies section
Knowledge of UNDP policies will be an asset. Experience developing legal agreements used to implement performance-based financing will be an asset.Required Language(s)
Proficiency in written and spoken English is required. Proficiency in Spanish or French is an asset.Equal opportunity
As an equal opportunity employer, UNDP values diversity as an expression of the multiplicity of nations and cultures where we operate and, as such, we encourage qualified applicants from all backgrounds to apply for roles in the organization. Our employment decisions are based on merit and suitability for the role, without discrimination.
UNDP is also committed to creating an inclusive workplace where all personnel are empowered to contribute to our mission, are valued, can thrive, and benefit from career opportunities that are open to all.
Sexual harassment, exploitation, and abuse of authority
UNDP does not tolerate harassment, sexual harassment, exploitation, discrimination and abuse of authority. All selected candidates, therefore, undergo relevant checks and are expected to adhere to the respective standards and principles.
Right to select multiple candidates
UNDP reserves the right to select one or more candidates from this vacancy announcement. We may also retain applications and consider candidates applying to this post for other similar positions with UNDP at the same grade level and with similar job description, experience and educational requirements.
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