Location: Any MSF office*

Contract: Fixed-term at 100 %

Duration: 18 months extendable

Starting date: 1st November 2023

Deadline to Apply : 01 October 2023

*By default, the successful candidate will be offered a contract in the MSF office of their country of residence at the time of application.

I. MSF INTERNATIONAL

Médecins Sans Frontières (MSF) is an international, independent, medical humanitarian organisation that delivers emergency aid to people affected by armed conflict, epidemics, healthcare exclusion and natural disasters. MSF offers assistance to people based only on need and irrespective of race, religion, gender or political affiliation.

MSF International is the legal entity that binds MSF’s 24 sections, 25 associations and other “satellite offices” (mostly entities established to provide services to other MSF entities) together. Registered in Switzerland, MSF International provides coordination, information and support to the MSF Movement, as well as implements international projects and initiatives as requested.

II. POSITION BACKGROUND

MSF entities face a complex and fast evolving set of tax-related risks. The most complex of these risks are shared across MSF entities. This is primarily because MSF entities operate in comparable contexts, or even the same countries. It is also because substantial and diverse economic and financial flows exist between MSF entities. Examples of shared taxation risks include VAT-related risks in Europe, tax liability on the remuneration of international mobile staff in each country or issues with import duties.

By the same token, the legal and taxation environments in which MSF entities operate differ. A solution that can be found for one entity may not be equally suitable for another.

A legal resource is required to provide strategic legal advice and guidance, share relevant expert knowledge, assess risks and support the implementation of mitigation measures related to tax issues faced by the MSF entities within MSF Movement).

III. PLACE IN THE ORGANISATION

The tax legal advisor is part of the Intersectional legal Department (ILD).

He/she reports to the Unit 4 Manager of the ILD providing support on the “Administrative and legal framework of missions” (which is extended to HQ/international entities and initiatives) and to the International Finance Coordinator on behalf of the FinDir platform (the representative body of the finance directors of all MSF entities).

He/she will also connect with:

• other groups in the finance community (such as the Tax Working Group) or with other relevant platforms or interlocutors (such as supply, etc).
• ILD Unit 4 legal advisors in charge of providing support to MSF missions (offices in countries where MSF implements medical programs) (including on tax related issues)

IV. OBJECTIVES OF THE POSITION

The purpose of the position of tax legal advisor is to support the movement to mitigate tax risks and support the implementation of necessary measures to that extent.

This specifically includes:

• Coordinate tax risk identification and assessment as well as the implementation of mitigation measures with specific entities within the MSF movement;
• Liaise between the FinDir platform and MSF entities to ensure proper implementation of the agreed tax strategy and recommendations;
• Provide technical legal support and counsel on selected tax matters within MSF entities and/or ILD.

V. MAIN RESPONSIBILITIES

Provide legal tax expertise and guidance

• Provide technical support and guidance related to tax matters whenever required, mainly on VAT, transfer pricing, payroll taxes for international mobile staff and custom duties and taxes
• Define solution-oriented strategies to mitigate tax risks for MSF entities
• Assess and analyze tax risks applicable to legal/administrative frameworks in the countries for which such analysis is requested
• Support the implementation of identified solutions to reduce the risks
• Develop processes to mitigate the risks and notably to ensure that emerging tax risks that may impact more than one MSF entity can be detected in a timely manner, primarily by surveying MSF entities but also through networking
• Regularly assess progress and report to stakeholders on the specific issues as needed
• Liaise and collaborate with the FinDir platform to support its members with the definition of intersectional and international tax strategies by communicating on risks and options to them
• Operationalize/translate tax legal recommendations into processes that are appropriate for MSF entities
• Coordinate knowledge management
• Train MSF teams and build capacity on relevant tax issues
• Ensure that clear documentation of risks and recommendations is produced in line with ILD processes and is continuously accessible
• Organize regular webinars to raise awareness of the risks and potential solutions
• Ensure that focal points in the relevant MSF entities are aware of developments and recommendations at all times
• Manage external counsels
• Identify and coordinate a portfolio of tax dedicated external counsels and service providers, ensuring optimal arrangements that provide best value for money for MSF
• Support the definition of needs for external services
• Manage performance of external advisors
• Liaise between MSF teams and external advisors and make sure that the advice provided by them are well understood by MSF teams and can be implemented by MSF entities