Legal Services Directorate

Background:

Due to abundant natural resources, Ministry of Mines and Petroleum of Afghanistan is one of the key ministry of Afghan government. Legal Services Directorate has been part of the structure of Ministry of Mines and Petroleum (MoMP) since 1389. Considering importance of proper regulatory system as a basic platform for development of a healthy extractive sector, Legal Services Directorate plays crucial role by drafting proper laws and regulations, and delivering sound and timely legal advices during all phases of the mining contracts.

Considering the workload and technicality of the mission of the Legal Services Directorate, current staff is insufficient. According to the new proposed structure of the directorate, it is going to be upgraded to General Directorate.

Duties and Responsibilities:

• Drafting and designing of laws, Regulations, procedures, MoUs, contracts and other relevant documents for the purpose of development of sound legal regime of Mines and Petroleum according to international standards.
• Drafting of agreements and MoUs to be sign between MoMP and other countries for the development of extractive industries.
• Evaluation of MoMP’s Signed agreements and MoUs.
• Proposing amendments to laws, regulations and procedures for development of proper mining and petroleum legal system.
• Producing legal advices to office of minister and all other MoMP’s departments.
• Assuring that all tender processes are due according to relevant laws and regulations.
• Taking part in the negotiations of granting mining concessions to preferred bidders.
• Evaluation and scrutiny of mining concessions for the purpose of their compliance with mining legal regime.
• Collection of data, writing of research report and assembling opinion and proposals.
• Cooperation at preparing tenders documents of mines and petroleum.
• Participation at offer opening ceremony and assessment of all procurement documents of MoMP.
• Delivering legal advices to MoMP at legal disputes between MoMP and concession holder or other entities.
• Representing MoMP at national and international judicial hearings.
• Depending rights of administration at courts and other legal platforms.
• Capacity building of the staff.
• Representing MoMP in a meetings and cooperation with other governmental organizations.
• Giving advices on laws and projects which are under process at M0MP.
• Preparing monthly, quarterly and annual working plan.
• Undertaking legal research for enrichment of legal system.
• Cooperation with other stakeholders of legislative process such as legislative institute of Ministry of Justice, Taqnin Committee of Cabinet and Parliament.
• Preparing monthly, quarterly and annual working reports.
• Working for establishing role of Law.
• Performing other tasks assigned according to laws and policy.