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Revision of Mining Regulatory Framework and Development of Licensing Regulation

Request For Expressions of Interest

General Information
Country:   Mongolia
Notice/Contract Number:   GAP/C/C3-006
Publication Date:   Dec 2, 2007
Deadline:   Dec 18, 2007
Funding Agency:   World Bank
Buyer:   MN-Governance Assistance
Eligibility of Bidders:   International individual consultant selected will possess at least the following qualifications:
- Education: an advanced degree in a relevant field such as law and Legislation;
- Experience: have not less than 15 years relevant international experience in the field of minerals, mining law and licensing regulation, preferably in the area of modern mining title administration. The candidate should be reasonably familiar with the Mongolia minerals legal/regulatory environment have excellent interpersonal and management skills, the ability to communicate effectively at all levels of government, and function collaboratively in a team environment;
- Language skills: should be fluent in English; and
- Computer literacy: proficient with MSOffice programs
Original Language:   English

Contact Information
Address:   Oyungerel Gonchig
Project Manager
Project Coordinating Unit of the Governance Assistance Project
Negdsen Undestnii Street 5/1,
Government Building No. 2, Room 411
Ulaanbaatar 210646
Mongolia
Telephone:   (976-11) 265-782
Fax:   (976-51) 7011-0582
Email:   Click here

Assignments

 

Original Text

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MONGOLIA

GOVERNANCE ASSISTANCE PROJECT (GAP)
IDA Grant H222-MOG

International Consultant for Revision of Mining Regulatory Framework and
Development of Licensing Regulation

Ref: GAP / C / C3 – 006

Request for Expressions of Interest (Terms of Reference included)
This request for expressions of interest follows the general procurement notice (GPN) that appeared in UN Development Business No. 677 of 30 April, 2006.

A. BACKGROUND

Mongolia has received a grant from the International Development Association (IDA) under the Governance Assistance Project (GAP). GAP is designed around three main components and a small component on project coordination & management comprising: (i) Management of Public Finance; (ii) Fostering Accountability and Monitoring; (iii) Investment Climate; and (iv) Project Coordination and Evaluation. The objectives of GAP are to improve the efficiency and effectiveness of key governance processes in public finance management, accountability and monitoring and investment climate (More details on the GAP project is set out in the Project Appraisal Document Report No. 35212-MN, which is available on www.worldbank.org/external/projects).

The Mining Registry and Cadastre system is a Sub-Component of the GAP and its objective is to strengthen the property rights and security of tenure within the mining sector; and enhance transparency, and government’s regulatory capacity through improved efficiency, information availability and management.

This component will be implemented by the Mineral Resources and Petroleum Authority of Mongolia (MRPAM) to assist its Cadastral Registration Centre (CRC) to deploy an automated rules-based web enabled mining registry and online cadastral system, undertake international familiarization study tours for policy makers and technical staff, and provide training of CRC’s technical staff. The project will finance the supervision, design, equipping and establishment of a modern computerized mining registry and cadastre system, geographic data collection and verification, amendments to the regulatory framework to accommodate the new system and verification of the GPS coordinate system. The cadastre will provide reliable information about the precise location of mining and exploration rights, protected areas and special needs areas in the country. The cadastral rules procedures will be transparent, public, of general application, non-discretionary; will limit discretion of authorities in the allocation of rights and respect the priority of the “first come first serve” principle as enshrined in the Minerals Law of 2006; provide for the transparent public tendering of mineral rights that have been relinquished; and will help monitor and enforce social, safety and environmental obligations of license holders.

Under these terms of reference, MRPAM is seeking the services of a highly qualified international short- term consultant to review the mining regulatory framework and develop detailed regulations for the application, granting and administration of mineral licenses for consideration by the Government of Mongolia.

B. OBJECTIVE OF THE ASSIGNMENT

The principal objectives of this assignment are to:

 Review and recommend amendments of the Legal framework for the application, granting and administration of mineral licenses;
 Develop detailed licensing Regulations pursuant to the Minerals Law of 2006 for consideration of government and endorsement by the council of Cabinet; and
 Improve the access to minerals by the private sector; strengthen the property rights and security of tenure of Licensees; and transparency and public credibility of the Cadastral Office.


C. SCOPE OF WORK

This assignment comprises activities, which include a review and amendment of the mining regulatory framework; development of the detailed licensing regulations in order to introduce stable interpretation of the new legal principles instituted by new Mineral Law, in compliance with the best international practices and addressed to increase attractiveness of the Mongolian mining sector. The consultant will be supported by a local consultant retained for the duration of the assignment under a separate TOR. The International consultant will work also in close cooperation with the international and national consultant responsible for the project supervision. The activities of the assignment include but need not necessarily be limited to:

 Review and analyze of the new Minerals Law (2006), associated Laws, and existing Regulations to Minerals Law including those proposed for the tendering of relinquished licenses;
 Where necessary prepare draft amendment/s to improve Minerals and other associated laws and regulations
 Prepare draft of licensing regulations specifically focused on the application, granting and administration of mineral licenses including but not necessarily limited to the following:
- To introduce the institutional and organizational concepts, including the definition, the role, the specific obligations and the responsibility of “Mining Cadastre”;
- To confirm the principle “first come, first served” as the fundamental criteria for granting, and minimizing other subjective and potentially discretionary criteria;
- To guarantee the exclusive rights by avoiding any type of overlapping between adjacent licenses, as well as the discretionary and subjective evaluations for transforming the prospecting permits into exploitation permits;
- To establish geometrical restrictions in the morphology of the licenses and to institute technical specifications about the co-ordinates and maps to be used for the cadastral purposes;
- To introduce the adoption of the “cadastral unit”, guaranteeing the homogeneity and uniformity in the positioning of the minerals rights, avoiding overlap and conflicts;
- To introduce the rules for the distribution of the revenues generated by the cadastre, that must partially remain in the licensing unit to fund its operation and guarantee its sustainability and political independence; and
- To review and amend the provisions for the transparent public tendering of licenses relinquished, cancelled or otherwise returned to the Cadastre Office by licensees.
 Conduct a workshop of the relevant government institutions to consider, agree and implement recommended changes to the regulatory framework and proposed Licensing Regulations.

CONSULTANT’S QUALIFICATIONS / SELECTION CRITERIA

International individual consultant selected will possess at least the following qualifications:
- Education: an advanced degree in a relevant field such as law and Legislation;
- Experience: have not less than 15 years relevant international experience in the field of minerals, mining law and licensing regulation, preferably in the area of modern mining title administration. The candidate should be reasonably familiar with the Mongolia minerals legal/regulatory environment have excellent interpersonal and management skills, the ability to communicate effectively at all levels of government, and function collaboratively in a team environment;
- Language skills: should be fluent in English; and
- Computer literacy: proficient with MSOffice programs.

D. SUPERVISION, REPORTING AND DELIVERABLES

The consultant will report directly to the Chairman of the MRPAM. Access to information and institutions and provision of office accommodation will be facilitated by the Client and the consultant would be expected to produce reports in English language as well as in digital and paper formats.

The consultant will deliver to MRPAM following reports and deliverables:

1. Report that comprising regulatory review and proposed amendments to Minerals and other related Laws and Regulations;
2. Report that comprising the draft licensing regulations;
3. Proceedings and recommendations of the workshop to review the draft proposals; and
4. Final regulatory review incorporating these recommendations setting out clearly the proposed amendment/s to Minerals and related Laws, Regulations and final licensing regulations.

E. CONTRACT DURATION

It is expected a total, 1.5 staff months of effort will be required to perform the tasks; corresponding to one mission to Mongolia and the time divided equally between Mongolia at first and the consultant’s home office at second.

The assignment is expected to start in beginning of February 2008 and span the period to end in second half of March 2008.

F. DEADLINE FOR SUBMISSION OF EXPRESSIONS OF INTEREST AND CONTACT
INFORMATION

The GAP Project Coordinating Unit now invites eligible individual consultants to express their interest in providing these services. Interested consultants must provide information indicating that they are qualified to perform the services (CVs, description of similar assignments, and experience in similar conditions).

Consultant (individual consultant) will be selected in accordance with the World Bank’s Guidelines: Selection and Employment of Consultants by World Bank Borrowers, May 2004.

Deadline for submission of Expressions of Interest is December 18, 2007, 23:30 p.m. Ulaanbaatar time. Expressions of Interest must be delivered to the address below:

Governance Assistance Project (GAP)
Attn: Mrs. G. Oyungerel – GAP Project Manager
Room # 304, Peace Building 8 / 5, Sukhbaatar Street, 4th khoroo
Chingeltei district, Ulaanbaatar, Mongolia
Tel: (976-11) 265-782; Fax: (976-51) 7011-0582
e-mail: procurement@gap.mn

Submissions can be sent via certified mail, via fax or by email. Those who choose delivery by email should ensure that a confirmed delivery receipt of their mail is received. The PCU bears no responsibility in non delivery submissions due to internet network problems or glitches
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