Урилгын дугаар: | C11/CS/012 |
Захиалагч: | Сангийн яам |
Зарын төрөл: | Зөвлөх үйлчилгээ |
Зарласан огноо: | 2019.11.21 |
Дуусах огноо: | 2019.12.05 17:00:00 |
A. BACKGROUND
Mongolia has received a credit from the
International Development Association (IDA) for the Strengthening Fiscal
and Financial Stability Project (SFFSP). The Objective of the SFFS
Project is to contribute to the Government of Mongolia’s efforts to
strengthen fiscal and financial stability and improve the quality of
expenditure. The project is designed into five components: (I)
Strengthening Macroeconomic and Fiscal Management; (II) Improving the
Efficiency of Public Financial Management; (III) Enhancing Financial
Sector Stability; (IV) Strengthening the Social Protection System; (V)
Project Management and Monitoring. The objectives are to: Strengthening
fiscal responsibility and implementing relevant policy measures,
improving fiscal discipline, strengthening the resiliency of the banking
system, improving public expenditure quality in social protection,
providing support for Project implementation, coordination, monitoring
and evaluation, including, inter alia, audit arrangements, reporting
requirements, procurement and financial management activities
respectively. For more details, please refer to the Project Appraisal
Document Report No. PAD2269.
The Mongolian capital market is still
developing which translates into securities market legislation and
enforcement that can be further strengthened. There is already the legal
framework in place which ensures issuance and circulation of basic
products (mostly shares and government securities) and functioning of
basic infrastructure. Issuance of local corporate debt securities is
rare and needs to be made more efficiently. There is nascent demand for
derivatives in Mongolia. While appropriate legal framework alone is not
enough to create a developed and efficient market, it is a prerequisite,
and certain legal reforms may lift existing barriers for market
participants.
In 1994, the Securities Market Law of Mongolia (the
“Securities Market Law”) was enacted. On May 24, 2013, Parliament
enacted the Revised Securities Markets Law with effect from January 1,
2014. The purpose of the Revised Securities Market Law was to introduce
effective and clear guidance with respect to initial public offerings of
shares and to define the distinction between primary and secondary
securities market activities while providing measures preventing insider
dealing and market abuses. In addition, the Revised Securities Market
Law imposes higher standards and registration requirements for
securities markets participants as well as advisory service providers,
including law firms and audit firms. The Revised Securities Market Law
defines securities broadly to include derivatives, depositary receipts
and warrants, and expressly permits over-the-counter trading of
securities.
Even though the legal and regulatory framework is
developed, and basic infrastructure and capital markets basic
instruments such as equity, government bond and corporate bonds are in
the market since 1991, these 28 years of the development of capital
market is still under the development. Contrarily, at the same time,
domestic private corporations are lacking long-term low cost of
financial source and the individual investor’s interest on investing in
the capital market and earning a dividend or the interest has increased
relatively. Therefore, as a measure to attract more companies to utilize
the capital markets and as well as investors to participate in
investing in the capital markets, the Government should improve the
current Securities Markets Law of Mongolia.
The Parliament of
Mongolia has approved “Approval of the Guidelines for Improving
Legislation until 2020” by Resolution #11, dated on November 2017. The
main objective of the Guideline is to improve the all sectors’ legal
environment in Mongolia and amend the necessary laws based on its
necessity and usage. Within this framework, one of the main improvements
of the law in financial sector is to amend the securities market law
and its related regulations.
Therefore, in order to make the
amendments on the securities market law and improve the legal framework
of the securities market according to current market needs and
international best practices, the Ministry of Finance (MOF) is seeking
to hire a professional national individual consultant to review and
improve the current securities market law and its legal frameworks. The
reviewing process will be closely supervised by the MOF throughout the
period of the consultancy service and in addition, the consultant is
expected to coordinate the work with the Financial Regulatory Committee
and other organizations.
B. OBJECTIVES OF THE ASSIGNMENT
The
main objective of the National Individual Consultant is to assist the
Financial Markets and Insurance Division (FMID) of Financial Policy
Department of Ministry of Finance (MOF) for conducting a research on
international good practices of securities market law and draft the
concept of amendments of Securities market law with all 3 necessary
surveys and analysis according to law of legislations.
C. SCOPE OF THE ASSIGNMENT
The
main assignments and activities to be undertaken by the National
Individual Consultant shall include (but are not limited to) the
following:
I. Conduct research and develop amendments to the Securities Markets Law of Mongolia and its related regulations:
1. Conduct the research on international best practices for Securities
markets law and prepare recommendations for the stakeholders;
2.
Conduct the sensory survey, impact analysis and cost estimation of the
amendments of securities market law according to law of legislation;
3. Prepare the draft version of concept on the amendments of Securities market law;
4. Provide the draft amendments of Securities market law and organize
the stakeholder’s meetings to reflect comments and opinion;
II. Recommendations on Institutional arrangements for FMID:
1. Collaborating with state organizations to establish public forums
and workshops and provide reports for the working group;
2.
Undertake such other tasks including coordination of other activities
relating to the assignment as reasonably requested and/or assigned by
the Director of FPD and Financial Market and Insurance Division head.
D. DELIVERABLES
Based
on the contracted assignments and detailed contract implementation plan
approved by the client, the national consultant’s deliverables will
include:
I. Provide an inception report which includes
recommendations on the Securities markets law based on the international
best practices;
II. Provide the sensory survey, impact analysis
and cost estimation of the amendments of the Securities law according to
Law of Legislation;
III. Submit the draft amendment to the Securities market law of Mongolia;
IV. Submit the final report that incorporates all deliverables and supporting documents;
E. CONTRACT DURATION
The consultant is expected to commence working effective from November 2019. The duration of the assignment is 6 months.
F. CONSULTANT’S QUALIFICATIONS/ SELECTION CRITERIA
- Education:
A suitable candidate should have a bachelor or higher degree from an
accredited university and in the fields of Finance and Economics and
Investment. Additional academic or professional background or
certificates on specializing the capital markets would be highly
preferable.
- Experience: Incumbent should have at least 5
years of relevant professional experience with the skill of developing
legislation, conducting financial and economic analysis; and an
excellent understanding of Mongolian capital market’s current condition,
and its challenges, laws, and regulations.
- Language skills: Fluent written and spoken skills in English and Mongolian.
- Other skills:
a. Excellent skills in research, facilitation of workshops, and consultations.
b. With excellent skills and abilities to function effectively and collaboratively in a team environment.
c. Be proficient in PC based applications such as Word, Excel and
data management, and have excellent web research and navigation skills.
If you possess the above qualifications, please submit following documents via email to procurement@sffs.mn:
1. Cover letter indicating why she/he considers her/himself suitable for the position,
2. Detailed CV highlighting relevant skills/experience,
3. Copy of diplomas or certificates and,
4. 2 reference letters from previous last two employers no later than 17:00, December 05, 2019.
The
submitted documents will not be returned to the applicants. Please note
that incomplete applications would not be considered for evaluation.
Only selected candidates will be contacted. Candidates can be
interviewed. Detailed terms of reference can be requested from
procurement@sffs.mn
Contact address: Attn: Ms.Bayarmaa, Procurement Specialist, Strengthening Fiscal and Financial Stability Project
Room #204, Negdsen undestnii 8/2, 4th khoroo, Chingeltei District, Ulaanbaatar, Mongolia; Tel: 70120582
The consultant will be selected in accordance with the World Bank’s Procurement Regulations for IPF Borrowers (July 2016).
Further
information can be obtained at the address below during office hours:
8:30 to 17:30 hours (local Ulaanbaatar time) or procurement@sffs.mn.
70120582