Trade Facilitation and Food Safety law consultant – Peru

Trade Facilitation and Food Safety law consultant – Peru
Global Alliance for Trade Facilitation/TFO Canada

Background information

The Global Alliance for Trade Facilitation (the Alliance) is a public-private partnership for trade-led growth, supporting governments in developing and least-developed countries in implementing the World Trade Organization’s Trade Facilitation Agreement. Alliance projects cut through red tape and end costly delays at borders by bringing together governments and businesses of all sizes as equal partners to deliver targeted trade reforms.  

The Alliance is led by the Center for International Private Enterprise (CIPE), the International Chamber of Commerce, and the World Economic Forum, in cooperation with Gesellschaft für Internationale Zusammenarbeit (GIZ). It is funded by the governments of the United States, Canada, Germany, Denmark, and Australia.

Trade Facilitation Office (TFO) Canada is a not-for-profit organization whose mission is to improve lives through the creation of sustainable trade partnerships for exporters from developing countries with Canadian and foreign buyers. TFO Canada assists Small and Medium sized enterprises (SMEs) and Trade Support Institutions (TSIs)/Trade Promotion Organizations (TPOs)/Business Support Organizations (BSO-business associations, chambers of commerce, exporters associations etc.) from developing countries to access international markets through its information (general and sector specific), advice (including capacity building) and contact services (including trade missions and business to business matchmaking). Since 1980, TFO Canada, through its internationally experienced project management staff and roster of sectoral consultants have been providing trade facilitation/promotion and capacity building services to tens of thousands of SMEs and hundreds of TSIs/TPOs/BSOs from all corners of the globe (Latin America, Africa, Middle East, Eastern Europe and Asia).

The Alliance, through TFO Canada, has started the implementation of the “Improvement of import/export pre-market authorizations issuing process by DIGESA” project in Peru (July 2021 – December 2022).

The objective of the project is to improve the issuing of pre-market authorizations for exports and imports of processed food of DIGESA by enhancing the agency´s transparency and predictability policies and practices. A Public-Private Dialogue (PPD) confirmed the need to improve DIGESA’s back-office processes, organize and make more transparent their trade related regulatory frameworks for all users, as well as to develop efficient information and communication mechanisms

The key challenge of the project is the delay in issuing pre-market authorizations for exports and imports of processed food by DIGESA due to a lack of predictability and transparency. The affected sectors are mainly processed food manufacturers and thus, value added industries and entrepreneurs like SMEs and those women led/owned companies.

The project will focus in enhancing DIGESA’s transparency and predictability policies and practices through three (03) components:

• Component I – improved procedures and processes: which is focused on decision-making processes inside the agency, and it is aimed at enhancing predictability of administrative rulings and inspections.
• Component II – streamlined regulations: by integrating and organizing key processed food legal framework in a systematic manner, so that traders (including SME´s and women led/owned companies) will be able to identify, trace and understand requirements and procedures for import and export of processed food.
• Component III – information and communication services: by developing a process to search market access requirements from importing countries, delivering didactic tools to boost knowledge of services delivered by DIGESA including a sustainable learning center of processed food regulations.

 

The following activities will be implemented under each individual component:

Component I: improved procedures and processes	1.     Preparing administrative precedents inventory and organization, standardized criteria and design a tool for documentary evaluation and inspection. 2.     Development of trade related administrative precedents /rulings inventory. 3.     Elaboration of a guide of standardized criteria management for documentary evaluation and inspection 4.     Implementation of a guide of standardized criteria management for documentary evaluation and inspection 5.     Online training for DIGESA, Business Associations, Trade Support Institutions, SMEs and women-led companies. 6.     Performing a study of lead time and cost baseline 7.    Online presentation of the study’s results for DIGESA
Component II: streamlined regulations	1.     Review /assessment of DIGESA’s regulatory framework related to imports and exports of processed foods. 2.     Design and development of trade regulatory framework of digital directory and user guide 3.     Implementation of digital directory 4.    Online training workshops for DIGESA, Business Association, Trade Support Institutions, SMEs and women led companies.
Component III: information and communication services:	1.     Design and development of digital tools 2.     Implementation of digital tools 3.     Online training workshops for DIGESA, Business Associations, Trade Support Institutions, SMEs and women-led companies. 4.     Design and implement electronic documents and tools to educate and help SMEs and those led by women on trade facilitation related to DIGESA procedures. 5.     Implementations of SMEs tools 6.     Online training workshops for DIGESA, Business Association, Trade Support Institutions, SMEs and women led companies. 7.     Design and development of DIGESA communications mechanisms 8.     Implementation communication mechanisms

 

The main expected impacts for the private sector are:

• Time reduction: reduction of pre-market authorization issuing time frame for export/import of processed food in Peru, including those requested by SMEs and those led/owned by women
• Cost reduction: reduction of costs associated to unpredictable timeframe of issuing pre-market authorizations and clearance time.
• Efficiency: reduction on unsuccessful applications of pre-market authorizations for the export/import of processed food in Peru, including those requested by SMEs and those led/owned by women.

 

1. Assignment

Based on the above background, TFO Canada is looking for a Trade Facilitation and Food Safety law consultant based in Peru. Reporting to TFO Canada’s Program Director Latin America and the Caribbean and working with TFO Canada’s Ottawa-based project management team (Project Manager-Latin America and the Caribbean,) and the team of consultants based in the region (Gender and Monitoring and Evaluation Consultants) the Trade Facilitation and Food Safety Law consultant is responsible for conducting a comprehensive analysis of the legal framework and administrative precedents / rulings related to import and export permits for processed foods in order to improve the predictability of decisions and inspections.

Specific responsibilities of the Process Management consultant will include:

• Review administrative rulings of DIGESA’s and inventory of administrative rulings/decisions related to DIGESA’s main processed food import and export permits.
• Participate in the preparation and implementation of the standardized decisions/criteria guide for documentary evaluation and inspections of DIGESA.
• Conduct training in the management of the standardized criteria guide for documentary evaluation and inspection for DIGESA personnel.
• Review / evaluate the regulatory framework of DIGESA related to the import and export of processed foods.
• Participate in the design, development and implementation of the digital directory of the regulatory framework related of processed foods.
• Conduct training in the management of the digital directory of the regulatory framework related to processed foods.
• Propose and develop legal information content to educate and help SMEs and those led by women, in facilitating trade related to DIGESA procedures.
• Participate in the design, development and implementation of electronic documents and tools to educate and assist SMEs and those led by women, in facilitating trade related procedures of DIGESA.
• Carry out online training workshops (for DIGESA staff, business associations, IAC, SMEs and those run or owned by women).

 

2. Submission instructions:

Applications should be in English and include the following elements:
1. A cover letter making the proposal highlighting his/her qualifications (please see selection criteria), relevant experience and current activities which demonstrate his/her capacity to fulfill the responsibilities of this position. The presentation should include a current C.V. of the individual making the proposal.
2. A brief description of three recent projects (last 05 years) that the proponent has worked on that are similar in nature.

Applications should be made in writing by e-mail no later than September 06, 2021, to:
Program Director Latin America and the Caribbean
TFO Canada
130 Slater Street, Suite 400
Ottawa, Ontario K1P 6E2
hr@tfocanada.ca

 

3. Selection Criteria

In the assessment of submissions, consideration will be given to technical competence, qualifications and experience, including:

• Degree in Law
• Master’s degree in International Trade Law or International Customs Law.

Minimum relevant experience

• 10 years of legal practice
• 5 years of legal experience working with government in trade facilitation policy making and trade facilitation instruments design.
• Experience in Peruvian Single Window procedures and/or pre-market permits related to food safety procedures of DIGESA.
• Language: Spanish and English

 

4. Payment

Fees will be paid upon completion of activities and timesheet and invoice from the consultant.

Expectations from other parties:

• TFO Canada will provide business cards and introduction letter to be used by the Process Management Consultant.
• For the submission of deliverables and all other communication regarding this assignment, the Process Management Consultant will communicate with Marysabel Gonzalez, Program Director- Latin America and the Caribbean (marysabel.gonzalez@tfocanada.ca), with cc to Marta Recinos Manager-Latin America and the Caribbean (marta.recinos@tfocanada.ca).

 

5. Selection Method

Following the assessment of submissions, the most technically capable and appropriately experienced applicant will be invited to provide the consultancy services. TFO Canada reserves the right to accept or reject late applications or to cancel the present invitation partially or in its entirety. It will not be bound to assign any reason for not engaging the services of any applicant and will not defray any costs incurred by any applicant in the preparation and submission of proposals.