JAMAICA JA-CC2046: IMPLEMENTATION OF BUSINESS CLIMATE REFORMS IN JAMAICA ACCESS TO CREDIT FOR PRODUCTIVE DEVELOPMENT

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1 JAMAICA JA-CC2046: IMPLEMENTATION OF BUSINESS CLIMATE REFORMS IN JAMAICA ACCESS TO CREDIT FOR PRODUCTIVE DEVELOPMENT TERMS OF REFERENCE End of Project Evaluation and Preparation of Draft Project Completion Report I. BACKGROUND To reverse the contraction of the Jamaican economy and to spur growth, there is an urgent need to improve the nation s overall competitiveness and stimulate private sector growth. Many businesses, particularly SMEs, find it difficult or impossible to obtain loans for investment and business expansion. The Jamaican financial sector is operating at sub-optimal levels with domestic credit being less than 35% of GDP well below acceptable international benchmarks. This points to difficulties in accessing credit and is reflective of inadequate funding for investment and entrepreneurial activities and often is manifested by the levying of usurious interest charges on those debtors deemed to be marginal and who often lack the requisite collateral recognized by the formal financial market. Hence there is urgent need to effect reform of the collateral framework known as secured transactions. A secured transactions framework allows borrowers to pledge movable property as security for a loan in a manner that removes ambiguity regarding the property that has been pledged, to whom the property has been pledged, and gives the lender the right to repossess these assets speedily in the event of payment default. Security interests are noted on a public electronic registry which substantially reduces the transactions cost of registering collateral interests, ultimately leading to a lowering of interest rates. It is anticipated that the implementation of a modern Secured Transaction Act based on four fundamental principles to ensure that the creation of security in movable property is simple, flexible and inexpensive and cannot readily be challenged; clarify the rights of competing creditors; use modern technology and simple design to share information; and enforce property rights efficiently should give significant benefits to small and micro financing institutions, in relation to lease financing and general access to credit. Insolvency reform is also necessary to further encourage entrepreneurship. Bankruptcy and Insolvency in Jamaica are primarily governed by the Bankruptcy Act and the Companies Act, and other relevant legislation including the Building Societies Act, Industrial and Provident Societies Act, the Friendly Societies Act and the Financial Institutions Act; there is an absence of one piece of legislation which consolidates all the rules and requirements. Furthermore, an Absolute Order in

2 bankruptcy can remain un-discharged for a lifetime and can destroy the debtor s business or his prospects of engaging in any further business activity or having legitimate access to credit. This stifles entrepreneurship and penalizes failure. This is undesirable as business failure may not be due to the lack of business acumen but rather may be a result of exogenous shocks or changing market conditions. Another constraint to entrepreneurship in Jamaica is the business approval process which involves several steps and takes considerable time to complete. Through the action of the National Competitiveness Council, consensus was reached on implementing a business registration form to capture all the information required by all the agencies involved in the business approval process. The business registration form was developed by the Companies Office of Jamaica. The aim of the form is to collect all information required to be provided to the various agencies by the business owner at one point. The Government of Jamaica has entered into a Technical Cooperation (TC) Agreement (JA-CC2046) with the Inter-American Development Bank under the Compete Caribbean Program to address these constraints. 1 The project will (i) support the drafting and consultation on key legislation to strengthen the enabling environment for private sector development, (ii) to support the establishment of a collateral registry, (iii) support implementation of a Business Registry Superform and (iv) implement a public awareness program around the three reforms. The value of this TC is $500,000. The project is executed by the Compete Caribbean Project Coordinating Unit (PCU) located in Barbados. Implementation of project activities is coordinated by the Ministry of Industry, Investment and Commerce through JAMPRO, with the support of the IDB Country Office in Jamaica. CONSULTANCY OBJECTIVE(S) In keeping with the Plan of Operations for JA-CC2046, an independent end of project evaluation is to be conducted three months after project execution or on 1 Compete Caribbean is a Caribbean private sector development programme jointly funded by the Canadian International Development Agency (CIDA), the United Kingdom Department of International Development (DFID) and the Inter-American Development Bank (IDB). The ultimate goal of this Program is to contribute to the increase in the standard of living and quality of life, and the enhancement of the competitiveness of the 15 independent CARIFORUM countries. Specifically, the Program will increase: (i) donor harmonization and coherence, equity and sustainability of national and regional private sector strategies; (ii) the efficiency and effectiveness of Caribbean governments to promote a competitive, growth-oriented business and investment climate; and (iii) innovation, productivity, value added production, sales and sustainability in key Caribbean clusters and value chains, and product sophistication, productivity and exports of individual firms.

3 disbursement of 95% of Compete Caribbean s funds, whichever comes first. The objectives of this consultancy are (i) to conduct an End of project evaluation and prepare the report and (ii) contribute to the preparation of the Project Completion Report, using the template provided by Complete Caribbean. The End of project evaluation will examine and assess the performance of the project, and take into consideration the project s relevance, effectiveness, efficiency and sustainability; and identify lessons learned. The evaluation s main goals are to: Determine the extent to which the project has fulfilled, or is expected to fulfil the specific objectives of (i) Strengthening the legislative framework to improve access to finance; and (ii) streamlining the business registration and bankruptcy process in Jamaica in order to improve the business climate. Assess the extent to which the project efficiently met the performance targets and results as established in the Project s Results Framework and satisfied the needs of stakeholders. Identify any lessons learned that could be applied to introducing business climate legislation, a secured transaction framework and collateral registry, and simplified business registration process in other Caribbean territories. Specifically, the evaluation will answer the following questions and address the following issues: a.relevance, project context and review of assumptions: Was the project design adequate to address the challenges identified in Plan of Operations for JA-CC2046? The evaluation will make specific reference to the baseline studies to undertake a diagnostic assessment of the current status of SME financing in Jamaica viz a viz the capacity of SME s to access finance; the availability and structure of financial instruments and institutions; and an assessment of policy and institutional interventions needed to fuel SME growth and development, and the extent to which the project was able to address the constraints identified within the ambit and available resources of the project. Identify where appropriate any changes in the legal, political, economic or institutional context which may have had an effect on project implementation as originally designed. Review the extent to which the project was aligned with the priorities of each of the key stakeholders, namely the Ministry of Industry, Investment and

4 Commerce, the National Competitiveness Council, Financial Institutions, Micro-finance institutions (MFIs) and MSMEs. b. Achievement of projected performance indicators and targets (effectiveness): To what extent were the target outputs and outcomes realized? To what extent do stakeholders believe that the reforms will enhance the business climate and promote entrepreneurship in Jamaica? To what extent did the project s design, approach, and methodology compare with global best practice to introduce a secure transactions framework? To what extent have stakeholders expectations been met and there is satisfaction with the roll out and operation of the collateral registry? In the case of the collateral registry the expectations and utilization of the registry by financial institutions and MFIs should be specifically assessed. To what extent have stakeholders expectations been met, and there is satisfaction with the roll out and operation of the Business Registration Superform? The expectations and utilization of the Superform by MSMEs and the roll out by the Companies Office should be assessed. To what extent was the public awareness campaign successful in generating interest and utilization of the collateral registry and the Superform? Assess the extent to which any changes/modifications to the project were justified and are contributing to meeting the project objectives. Identify any unanticipated results. To what extent were gender equality considerations incorporated into the project? Review the extent to which the project is synergistic with, or overlaps similar programs supported by the international development community. If the overlap is positive (e.g., synergistic, what might be the impact of such synergies?). If the overlap is negative (e.g., duplicative), identify lessons learned to reduce the potential for duplication in similar projects. To what extent did this project serve to catalyze or complement other private sector or business climate reform efforts? c. Results in terms of outputs achieved vis-à-vis projected targets (efficiency):

5 Identify any internal and external factors that have positively or negatively influenced the ability of the PCU and the Ministry to meet projected targets or project outcomes in a timely and cost effective manner. Assess the extent to which project expenditures are in line with initial budgetary plans. Assess the extent to which any changes/modifications to the budget were justified. Determine the extent to which the anticipated Counterpart Contributions from the Government of Jamaica were provided and utilized as planned. Lessons learned Identify any lessons learned and any potential areas for improvement that can be applied to introducing a secured transaction framework and collateral registry in other Caribbean territories, including lessons related to public awareness raising and stakeholder consultations. Identify any lessons learned and any potential areas for improvement that can be applied to introducing and streamlining simplified business registration, including lessons related to public awareness raising and stakeholder consultations. Identify any lessons learned and any potential areas for improvement that can be applied to business climate reforms requiring legislative changes. Identify any lessons learned with respect to donor harmonization and collaboration. Sustainability Assess the extent to which there is uptake in utilization by the banks and micro-finance institutions. If it is determined that the Banks and other MFIs have not demonstrated sufficient uptake of the registry to impact access to finance, provide recommendations to for specific actions to increase this uptake. Assess the extent to which the operation of the collateral registry will be sustained over time. Assess the extent to which there is need or interest by other stakeholders, through technical or financial support, to fill any gaps which may exist, to continue the business climate reforms in the areas covered by this project.

6 METHODOLOGY The evaluation methodology must at a minimum include the following activities. The Consultant may propose additional or alternate methods of conducting the evaluation and elaborate these in the workplan. a) Review of project documentation. The Consultant will review as necessary, available archived material to be provided by the Compete Caribbean PCU and the Counterpart Agency (Ministry of Industry, Investment and Commerce and affiliated agencies). Documentation will include at a minimum, background material used in project preparation, approved project documents, Consultants deliverables, legislative documents, project monitoring documents, disbursement reports, and progress reports. b) Review of any other relevant information that may be publicly available. c) Field visits and interviews. At a minimum, the Consultant will undertake the following: i. In situ visits to the Ministry of Industry and Commerce, JAMPRO (the local counterpart responsible for project implementation), the Companies Office and other relevant public sector stakeholders; and the Team Leader at the IDB Country Office in Kingston, Jamaica. ii. Verification of the operation and functionality of the collateral registry iii. Interviews with Compete Caribbean and IDB staff involved in the design and execution of the project iv. Interviews with a range of relevant private sector stakeholders including private sector groups representing financial institutions, microfinance institutions, and MSMEs. The consultant will propose a methodology provide evidence of (i) the extent to which financial institutions have adopted movable financing and (ii) how this adoption has translated into improved access to finance for SMEs and the extent to which the increased access to financing has translated into any impacts on their business operation/performance. v. Interviews with a sample of Consultants and/or technical assistance providers who were hired by the PCU for project execution. vi. The Consultant will propose other stakeholder consultations as deemed appropriate d) Collection and analysis of data from other stakeholders or interested parties should also be considered. SCHEDULE AND DELIVERABLES The Consultant will be responsible for submitting the following deliverables: Inception meeting: Within 5 working days after the awarding of the contract, the Consultant will participate in an inception meeting(s) for the consultancy services

7 with representatives of the Bank. The Consultant will be provided with preliminary access to project documentation to facilitate the preparation of the workplan. Workplan: Within 5 working days following the inception meeting, the Consultant will prepare a draft workplan to conduct the end of project evaluation. The workplan will include (i) an elaboration of the evaluation methodology, data collection and analysis approaches, (ii) a preliminary list of persons to be consulted, (iv) timelines for site visits and interviews and all other evaluation activities, and (iv) deadlines for submission of draft and final reports. The workplan should be presented to the PCU for review and approval. Draft End of Project Evaluation Report: Within 3 weeks after the approval of the workplan, the Consultant will present the draft report. Final End of Project Evaluation Report: Within 2 weeks after review and feedback from Compete Caribbean, the Consultant will present the final evaluation report. Draft PCR: Within 1 week of approval of the evaluation report, a draft of the PCR will be prepared utilizing the template provided and under the guidance of the Project Team Leader and Compete Caribbean PCU. All reports are to be submitted in MSWord and in English, and presented in a format approved by the IDB. QUALIFICATIONS: The Consultant should possess these qualifications: Education and Experience Undergraduate degree(s) in Business Administration, Economics, Finance, Public Administration, Public Policy, Statistics, Law, International Development or other relevant field. A master s degree or higher in a relevant field is desirable. At least 5 years of experience in evaluating technical assistance or projects (preferably in Private Sector Development) financed by international financing institutions or bilateral agencies. In-depth knowledge of private sector development and preferably business climate reforms and/or access finance issues. Prior knowledge and experience with the establishment or operation of collateral registries would be highly desirable. A good understanding of the Caribbean region. Previous evaluation assignments in the Caribbean would be desirable. Professional experience or training in M&E processes of international development agencies, such as the logical framework, monitoring and evaluation frameworks and other performance monitoring tools. The ability to work independently and manage multiple tasks effectively. Excellent written and oral communication skills are required, including the ability to synthesize key issues and draw lessons learned.

8 Fluency in is English required. SUPERVISION The technical and administrative responsibilities of this consultancy will be coordinated by Navita Angunu of the Jamaica Country Office, Inter-American Development Bank. Support in the technical responsibilities of this consultancy will be provided Christine Scott Dunkley, Consultant (IFD/CTI) and Monitoring and Evaluation Specialist for Compete Caribbean. Administrative responsibility of this consultancy will be coordinated by Michael Hennessey, Operations Senior Associate (CTI/CBA) and Operations Coordinator of Compete Caribbean. (i) (ii) (iii) SCHEDULE OF PAYMENT All travel-related costs related to this Consultancy will be included in the contract between the Consultant and the Bank. The Consultant will be paid in three lump sum payments as follows: 30% on delivery of the workplan; 30% on submission and approval of the draft report; and 40% on submission and approval of final reports. CHARACTERISTICS OF THE CONSULTANCY CONSULTANCY CATEGORY & MODALITY: Product and services consultancy CONTRACT DURATION: 17 days non-consecutive between signing of contract and delivery and acceptance of draft PCR report. PLACE(S) OF WORK: Consultants place of residence and Jamaica. Payment and Conditions of Employment: If the work will be carried out at Bank headquarters in Washington D.C. Remuneration will be determined in accordance with Bank regulations and criteria. The Bank will additionally contribute toward travel and moving expenses, if applicable. If a candidate is not a citizen or resident of the United States, the Bank will apply for a G-IV visa from the consulate of the United States in the candidate's country of origin. If a candidate cannot obtain a visa to work at the IDB the contractual offer will be rescinded. Consanguinity: Individuals with relatives working for the IDB within, and including the fourth degree of consanguinity and the second degree of affinity are not eligible for employment as staff, Consultants, or contractors through firms or agencies. Candidates must be citizens of a member country of the Inter-American Development Bank.

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