Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697796122832.pdf (Dominica)
Caribbean Digital Transformation Project IDA – 6685-DM Terms of Reference Review of Policies and Legislation and Development of Recommendations on Necessary Reforms to Implement an Integrated ID System, Authentication Platform, Digital Signature, Electronic Entry Permit Mechanism and Health Administration September 2021 CARDTP Dominica 1 Table of Contents I.

Introduction ................................................................................................................... 2 A.

B.

1.

2.
Project Background ................................................................................................................2 Project Component ................................................................................................................3 Component 1: Digital Enabling Environment ............................................................................................. 3 Component 2: Digital Government Infrastructure, Platforms and Services ............................................... 4 II.
Institutional Arrangements ............................................................................................ 4 III.

Objectives ...................................................................................................................... 7 IV.
Scope of the Services .................................................................................................. 7 V. Deliverables ................................................................................................................... 8 A.

B.
B.

List of Deliverables and Milestones ........................................................................................8 Submission and Approval of Deliverables ...............................................................................9 VI.

Team Composition and Qualification Requirements .................................................. 10 A. Qualification Requirements to the Consultant as a Firm ........................................................ 10 B.
Team Composition ............................................................................................................... 10 C. Qualification Requirements for the Key Experts .................................................................... 11 Team Leader / Legal Expert ...................................................................................................................... 11 Legal Specialists ........................................................................................................................................ 12 Policy Specialist ........................................................................................................................................ 12 1.
2.

3.

VII.

CONTRACT DURATION AND ESTIMATED TIME INPUT ................................................ 12 VIII.

Client’s Contribution ................................................................................................. 12 Annexure 1.

Preliminary List of Legislation, Policies and Regulations for the Selected Areas........... 15 Annexure 2.

Project Development Objective Indicators ................................................................. 18 Annexure 3.
Intermediate Results Indicators by Components ........................................................ 19 Terms of Reference – Review of Policies and Legislations and Development of Recommendations on Necessary Reforms to Implement an Integrated ID System, Authentication Platform, Digital Signature, Electronic Entry Permit Mechanism and Health Administration CARDTP Dominica 2 I.

Introduction A.
Introduction A.

Project Background Sitting halfway along the Eastern Caribbean archipelago, Dominica is located just a few miles from Martinique to the south and Guadeloupe to the north.

Stretching 751 km² (290 square miles), Dominica boasts 148 km (91 miles) of coastal line.

Dominica’s official name is the ‘Commonwealth of Dominica,’ which is mostly referenced in official communications and to further distinguish the island from the Dominican Republic, its northerly Caribbean sister.
Dominica is the most northerly of the Windward Islands grouping.

Following Hurricane Maria in September 2017, the Government of the Commonwealth of Dominica (GoCD) has instituted resilience as a central theme to the country’s rebuilding efforts and socioeconomic development plans, with the aim to make Dominica the first climate resilient country in the world.
The hurricane resulted in losses and damages of over 200 percent of GDP, with the telecom sector alone suffering over US$40 million in losses and damages.

Furthermore, the GoCD lost data and records and suffered losses beyond its infrastructure, highlighting the need to make the government more resilient so that it can better prepare for and respond to incidents and restore operations and services quickly.
The Government recognizes the role digital technologies and solutions can play in strengthening the island’s and its inhabitants’ climate resilience, as well as the importance of integration with the global digital economy to expand markets and drive sustainability of businesses, government, and individuals.

In small island countries such as those in the Eastern Caribbean region, in Dominica in particular, the resilience of governments has a very direct impact on the resilience of society at large.
The GoCD’s recovery and resilience building efforts include development of a Government Wide Area Network, and nodal digital infrastructure to lay the foundations for digitization of government.

The GoCD has engaged in a partnership with Digicel Dominica Ltd. to connect all government service locations (Government offices, schools, hospitals, and health centers) to high- speed connectivity delivered using fiber optic networks.
The network, being developed under the partnership, will provide multiple layers of redundant connectivity—underground and overhead fiber, microwave, and satellite at key locations—in addition to cloud services to host Government data and services.

The government connectivity project includes development of a primary data center to host the government cloud and applications, as well as a secondary location to serve as a backup site.
The improved connectivity can be leveraged to develop digital government services and increase the level of digitization of government operations, which is currently lagging.

Currently Dominica lacks the enablers of digital government, including an enterprise architecture, interoperability framework, identification and authentication, but has a recently built limited government payment portal.
Uniquely and securely identifying residents through a digital ID is fundamental to enable access to digital services, both public and private, but the current ID ecosystem in Dominica is fragmented and not interconnected.

In order to fully utilize and benefit from investments in cross- cutting enablers and specific digital government services, there is also a need for legal and regulatory reforms across key areas of the digital economy.
These enabling environment improvements are a key first step towards removing roadblocks to improved adoption of digital Terms of Reference – Review of Policies and Legislations and Development of Recommendations on Necessary Reforms to Implement an Integrated ID System, Authentication Platform, Digital Signature, Electronic Entry Permit Mechanism and Health Administration CARDTP Dominica 3 services among individuals and businesses, as well as contributing to the development of digital applications and services by emerging entrepreneurs in Dominica.
The Caribbean Digital Transformation Project (CARDTP or the Project) is to be funded through the World Bank and aims to enhance the use of technology in the public sector as well as the private sector to conduct business transactions, build a robust and resilient IT infrastructure and to develop modern platforms to facilitate and enhance these business transactions.
The development objectives are to contribute to increased access to digital connectivity, digital public services and the creation of technology enabled businesses and jobs in Dominica.

National-level activities will be financed from an IDA credit to Dominica in the amount of SDR20,500,000 (equivalent to US$28.0 million).
The CARDTP comprises four components that address key bottlenecks and harness opportunities to develop the Eastern Caribbean Digital Economy as a driver of growth, job creation and improved service delivery.

The Program will also be financed through a regional IDA grant, and implemented by a regional Project Implementation Unit (RPIU) housed at the Organisation of Eastern Caribbean States (OECS).
RPIU will work with other regional institution stakeholders as relevant depending on the technical area being supported.

Regionally implemented activities will focus on strengthening the enabling environment to promote investment, competition, and innovation in telecoms and digital financial services, regional cybersecurity collaboration, and a modernized and harmonized data protection and privacy regime across the region.
It will also be complemented by a regional level advanced digital skills program open to high potential digital specialists from Dominica.

It aims to ensure that every individual and business in Dominica is empowered with the access to broadband, digital financial services, and skills needed to actively participate in an increasingly digital marketplace and society.
It leverages public sector modernization and digitization to improve service delivery and to drive creation of a digital culture across Dominica.

To support the improved management of digital risks, the project will bolster cybersecurity policy, capacity, and planning tools in the region.

It will facilitate technology adoption to improve productivity of flagship industries and create demand for digitally enabled jobs.
It aims to foster regional integration and cooperation to capture the economies of scale and scope required to increase impact and value for money of the project interventions and to create a more competitive, seamless regional digital market to attract investment and provide room for growth of digital firms.

B.

Project Component A brief description of the project components is as follows: 1.
Component 1: Digital Enabling Environment This component will support the development of a positive enabling environment for Dominica’s digital economy that drives competition, investment and innovation while promoting trust and security of online transactions.
It will focus on legal, regulatory and institutional reforms consistent with global best practice to support modernization of the telecommunications and digital financial Terms of Reference – Review of Policies and Legislations and Development of Recommendations on Necessary Reforms to Implement an Integrated ID System, Authentication Platform, Digital Signature, Electronic Entry Permit Mechanism and Health Administration CARDTP Dominica 4 services sectors while mitigating growing risks of a digital economy including cybersecurity and data protection and privacy.
1.1 - Telecommunications: Legal and Regulatory Environment, Institutions and Capacity Support 1.2 - Digital Financial Services: Legal and Regulatory Environment, Institutions, and Capacity 1.3 - Cybersecurity, Data Protection and Privacy: Legal and Regulatory Environment, Institutions and Capacity Support 2.
Component 2: Digital Government Infrastructure, Platforms and Services This component will support public sector modernization, resilience and delivery of digital public services to individuals and businesses.
It will aim to ensure that Dominica has put in place the core infrastructure, platforms, institutions and human capacity needed to efficiently and effectively manage internal government operations, and to build on these core enablers to make public services widely accessible online from anywhere within the country, region or across the globe.
It will also prepare Dominica’s government for deeper interconnectivity and interoperability of data and information systems across borders to smooth administration of regional trade, immigration and other services.

Finally, it will aim to ensure continuity of government operations and services, enable real-time data driven decision making and ability to rapidly target and deliver payments and social services to citizens and businesses in the event of natural disasters.
2.1 – Development of Cross-Cutting Enablers of Digital Government Operations and Services 2.2 - Government Productivity Platforms and Citizen-Centric Digital Services II.

Institutional Arrangements The Project is being implemented by the Project Implementation Unit (PIU) of the Ministry of Public Works and the Digital Economy (MPWDE).
The PIU is responsible for the overall implementation of the Project with emphasis on reporting and monitoring and evaluation, financial management, contracts management, safeguards oversight, and procurement.
Under the Project, the MPWDE will engage a firm (“the Consultant”) to support the development of key cross-cutting enablers to facilitate government digitization and enhance productivity and citizen-facing digital services through review and improvement of relevant national legislation and policies in the following areas of support under Components 1 [and 2] (“selected areas of support”): (a) Unique Digital Identifier and Authentication Platform GoCD is planning to develop an identification and authentication platform using a tokenized unique digital identifier that builds on previous efforts around the development of a regionally-standardized identifier – the Multi-Purpose ID (MPID) number.
This platform will be used across GoCD for authentication and delivery of digital public services.

It is envisioned that this ID system will be available to select private sector entities to provide greater unique identification across all of society.
Terms of Reference – Review of Policies and Legislations and Development of Recommendations on Necessary Reforms to Implement an Integrated ID System, Authentication Platform, Digital Signature, Electronic Entry Permit Mechanism and Health Administration CARDTP Dominica 5 The tokenized use of the MPID number (now envisioned as the OECS ID) as the unique identification number (UIN) will enable the backend integration of various identification registries in the country (and possibly the rest of the OECS), and when combined with an authentication layer and payment platform, will facilitate digital public service delivery while maintaining privacy of individuals’ data.
The Ministry of National Security and Home Affairs and the Civil Registry will take a lead in establishment of the Integrated ID System and the authentication platform that will include the following specific tasks: (i) legal and regulatory review and assessment and recommendations on necessary reforms to implement an integrated ID system and authentication platform.
This task is part of this assignment; (ii) assignment of the MPID numbering system based UIN to individuals on a foundational ID registry (civil registry, as currently agreed); (iii) development of a digital authentication layer to access digital government services and linked with currently accepted forms of ID; and (iv) design and rollout of a new physical ID card (national ID).
(b) Digital Signature This activity supports the development of capability for digital signature and digital document authentication interoperable with identification and authentication layers, and its integration with and other relevant government systems, including those developed under the Project.
To successfully complete this activity, a review and update of policies, legislation, and regulations governing digital signatures and authentication to enable its implementation are required and will be carried under this Contract.

The Ministry of Public Works and the Digital Economy will be responsible for the implementation of this activity.
(c) Electronic Entry Permit Mechanism This activity will facilitate the ease of arrival of individuals in Dominica through support to implement an electronic entry permit mechanism and immigration kiosks at all ports of entry.

The activity will also include associated business process reengineering, training, and awareness raising for relevant institutions and agencies.
The above tasks will be followed by a review and update of the policies, legislation and regulations related to the implementation of electronic entry mechanism that are part of this Contract.

The Ministry of National Security and Home Affairs (MNSHA) is responsible for performing the above tasks.
Terms of Reference – Review of Policies and Legislations and Development of Recommendations on Necessary Reforms to Implement an Integrated ID System, Authentication Platform, Digital Signature, Electronic Entry Permit Mechanism and Health Administration CARDTP Dominica 6 (d) Health Information and Administration The Project supports digitization of health information and administration, including connectivity for health facilities and COVID-19 health-related and other adverse events response needs.
This activity includes: (i) feasibility study for development of the Health Management Information System (HMIS), including preparation of bidding documents; and (ii) development and commissioning of the HMIS following a modular approach allowing for scalability of the system.
A review and update of legislation and policies relevant to digitization of health information and administration are included in this Contract and are required to facilitate performance of this activity and achieve Project Development Objective and Intermediate Results Indicators (Annexures 2 and 3 respectively).

The Civil Registry and the Ministry of Health, Wellness and New Health Investment (MoHWNHI) are executing agencies for the digitization in the health sector.
The PIU will coordinate this assignment with: 1) the United Nations Development Programme (UNDP) Dominica Office that is implementing the Digital Economy Development Strategy and the Associated Implementation Plan with consideration of the following key elements: 2) 3) long-term vision taking into account Dominica’s unique context; (i) (ii) public sector digitization to be included as a core pillar/focus area of the strategy, including governance and institutional arrangements, and staffing needs (skill sets required) to implement a long-term public sector digitization vision; (iii) priority sectors and their digitization pathways; and (iv) human capital development and resilience.
relevant MDAs to address issues related to gender diversity and inclusiveness in the updated legislation, policies and regulations; the RPIU to ensure that the proposed changes in the national legislation, policies and regulations are harmonized with regional legal, regulatory and institutional frameworks, including those that govern the telecommunications sector and are planned, as part of CARDTP, for review, amendment and implementation at the regional level simultaneously with this contract.
These regional activities are expected to include the following: (i) (ii) review of legal frameworks covering telecoms and digital economy and support with drafting new legislation or amending existing legislation at regional and national levels; support for regulatory instrument upgrading at regional and national levels - review and updating of existing and draft regulations and support for development of new regulations in line with new Electronic Communications bill; (iii) review of existing telecoms and digital economy governance and institutional structure, procedures and authority at regional and national levels; Terms of Reference – Review of Policies and Legislations and Development of Recommendations on Necessary Reforms to Implement an Integrated ID System, Authentication Platform, Digital Signature, Electronic Entry Permit Mechanism and Health Administration CARDTP Dominica 7 (iv) capacity building and awareness for key stakeholders to facilitate adoption and enforcement (ECTEL, NTRC, Ministries responsible for ICT, Attorney Generals Offices, Courts, Parliamentarians, etc.
); capacity building to conduct regulatory impact assessments to ensure legislation are fully assessed before implementation; (v) (vi) development of a market competition assessment methodology; (vii) support for carrying out market analysis and competition assessment (collaboration between the consultant and ECTEL and NTRCs’ staff to facilitate knowledge transfer and capacity development).
The Consultant will report to the Project Implementation Unit (PIU) that will have final sign off on all deliverables, in consultation with the Project Steering Committee, MDAs and the Ministry of National Security and Home Affairs as may be necessary.

The PIU is also responsible for approval of invoices.

III.
Objectives The objectives of this assignment are to: (a) assist the PIU in reviewing the national policies and legislations, within various MDAs for efficient and effective Digital Transformation of GoCD services; (b) develop recommendations and support with drafting amendments to existing legislation and policies and developing draft legislation and policies as may be necessary to implement an Integrated ID System (OECS ID), authentication platform, digital signature, electronic entry permit mechanism and health information and administration; and (c) Develop recommendations and strengthen capacity of MDAs and other Project counterparts regarding enforcement of draft legislation and policies.
IV.

Scope of the Services The services provided by the Consultant will include review, advice on and elaboration of the policy, legislative, regulatory and implementation arrangements for the development and implementation of the digital transformation vision, strategy, and agenda of the Government in the selected areas, and the public sector functions and capacities that would need to be established to sustain the initiatives introduced under the CARDTP.
The Consultant will work with the PIU, PSC, participating MDAs, the Chambers of the Attorney General and other agencies as necessary to perform the following tasks.

(a) Inception Report.
The Consultant is required to review the Project documents such as the Financing Agreement, Project Appraisal Documents and others as may be necessary; verify the list of relevant national and regional legislation and policies (a preliminary list of legal documents for the selected areas of support is given in Annexure 1); identify MDAs and other regional and national Project counterparts whose input will be required for successful project Terms of Reference – Review of Policies and Legislations and Development of Recommendations on Necessary Reforms to Implement an Integrated ID System, Authentication Platform, Digital Signature, Electronic Entry Permit Mechanism and Health Administration CARDTP Dominica 8 implementation; analyze other Project information; and prepare and submit to the Project Implementation Unit an Inception Report that should demonstrate that the task implementation is resourced adequately and will be carried out in a timely and cost-effective manner.
(b) Interim Report.

Review of legislation and policies for each selected area of support to be presented in an Interim Report as outlined above.

(c) Draft Reports.

Draft reports as indicated in the Deliverables, below, that includes the draft amendments and policies and laws for the areas of support outlined above, for the adoption and implementation which will include and not limited to legislative drafting, policy papers and other associated documents.

(d) Consultation with stakeholders.


The Consultant shall consult with PIU, PSC, MDAs, the Ministry of National Security and Home Affairs and other stakeholders as well as Regional Project Implementation Unit (RPIU) and regional institutions, international development partners, business communities, citizens and the general public with the purpose to obtain their feedback regarding the proposed changes in relevant national legislation and policies for the selected areas.

(e) Final Report.
(e) Final Report.

The Final Report should include a description of the stakeholder consultations, describe achievements, deliverables provided, problems encountered and recommendations for future actions to ensure results' sustainability, and include final drafts of the policies and laws.

V. Deliverables A.
List of Deliverables and Milestones The Consultant is required to prepare: Timing Deliverable Commencement Date + 4 weeks Inception Report that includes information and updated documentation as defined in Sub-section IV (a) of the Terms of Reference Commencement Date + 12 weeks Interim Report – including the need for any other instruments required Draft Legislation and Policies: Commencement Date + 24 weeks 1st draft Unique Identifier and Authentication Platform Terms of Reference – Review of Policies and Legislations and Development of Recommendations on Necessary Reforms to Implement an Integrated ID System, Authentication Platform, Digital Signature, Electronic Entry Permit Mechanism and Health Administration CARDTP Dominica 9 Commencement Date + 32 weeks Final draft with corresponding consultation report following group meetings and public consultation Commencement Date + 24 weeks First draft Digital Signature Commencement Date + 32 weeks Final draft with corresponding consultation report following group meetings and public consultation Commencement Date + 32 weeks First draft Electronic Entry Permit Mechanism Commencement Date + 40 weeks Final draft with corresponding consultation report following group meetings and public consultation Commencement Date + 32 weeks First draft Health Information and Administration Commencement Date + 40 weeks Final draft with corresponding consultation report following group meetings and public consultation Commencement Date + 46 weeks Draft Final Report along with Consultation Reports prepared in accordance with Sub-section IV (d) and not listed in item V. A.
(c) above for each selected area – within time periods specified in the agreed work plan being part of the Inception Report; Commencement Date + 50 weeks Final Report B. Submission and Approval of Deliverables The Consultant will report to the Project Implementation Unit who will be responsible for approval of the deliverables and invoices.

All reports and deliverables should be in English.


All draft and final reports should be submitted electronically in MS Office (Word, Excel, PowerPoint, MS Project or similar format(s) to be agreed by the Consultant and the Authorized Representative.
Terms of Reference – Review of Policies and Legislations and Development of Recommendations on Necessary Reforms to Implement an Integrated ID System, Authentication Platform, Digital Signature, Electronic Entry Permit Mechanism and Health Administration CARDTP Dominica 10 All deliverables will be submitted by the PIU to the World Bank (the Bank) for the necessary no objections.
Within twenty-one (21) calendar days from the date of the reports and deliverables receipt, the Project Implementation shall review in consultation with PSC, relevant MDAs, the Chambers of Attorney General and other stakeholders as may be necessary and: (a) approve the reports and deliverables; or (b) notify the Consultant of any respects in which the PIU considers that the reports and deliverables do not comply with the contract provisions.
The reports and deliverables shall be revised and submitted to the PIU by the Consultant within two (2) weeks following the receipt of PIU’s comments unless otherwise agreed by the parties.

VI.
Team Composition and Qualification Requirements A. Qualification Requirements to the Consultant as a Firm The Consultant shall be a firm that shall demonstrate that the personnel assigned to this task have relevant experience in: (a) advising on and drafting policies and laws relating to the development of the digital economy consistent with international best practice, including a successful track record of completing assignments with similar scope/context, including in a development country setting; (b) detailed knowledge of all key legal areas of support covered by this ToR, including without limitation global best practice with respect to data protection, cyber security and combatting cybercrime, access to information, e-commerce and e-transactions, and digital identification and authentication and related issues; and (c) A clear understanding of the requirements of the assignment and plan for its successful execution.
(d) implementing similar assignments in developing countries including small-island states; such experience in the Caribbean region would be desirable.

B.
B.

Team Composition The Consultant’s team of legal experts shall comprise, at minimum, a Team Leader/Lead Legal Specialist, two Legal Specialists (with complementary legal expertise – i.e., focusing on various thematic areas of support of the assignment, while ensuring all areas of support are covered), a Policy Specialist and a Local Legal Specialist, alongside any additional staff deemed appropriate to successfully completing the assignment.

All team members must be fluent in English.


Terms of Reference – Review of Policies and Legislations and Development of Recommendations on Necessary Reforms to Implement an Integrated ID System, Authentication Platform, Digital Signature, Electronic Entry Permit Mechanism and Health Administration CARDTP Dominica 11 The team Leader, Legal Specialists, Policy Specialist and Local Law specialists should also be able to demonstrate: (a) high proficiency in MS Office (Word, Excel, PowerPoint, MS Project etc.
), video (b) (c) (d) conferencing and meeting facilities and excellent web navigation skills; strong interpersonal skills and ability to work effectively with internal and external partners; experience to work with key stakeholders in public and private sectors and to communicate results of assessments and analysis at various levels of leadership; and a demonstrably successful track record in one or more similar assignments in their respective roles.
The Team Leader, Legal Specialists (as specified below), and Local Legal Specialist shall have a law degree from an accredited university and be qualified to practice law in his/her home jurisdiction (bar membership or equivalent).

The Policy Specialist shall have a Master’s Degree in Public Administration, Political Science, Law or Public Policy or equivalent.

The Leader will be responsible for the contract management and co-ordination.
The Consultant’s team will comprise key Legal Specialists with demonstrable, relevant experience in the areas of support.

The Policy Specialist shall also have relevant, demonstrable experience in the areas of support.

It is possible for one Key Legal or Policy Expert to cover expertise needed for different selected areas of support.
The Local Legal Specialist shall be qualified to practice law in Dominica, have a firm understanding of the Dominica legal context with at least 8 years of relevant experience of practicing law in Dominica with an emphasis on advising and/or drafting of laws and/or regulations in Dominica.
The Consultant may, with due consideration of possible restrictions caused by the COVID-19 pandemic, propose a combination of in-country and remote support for the key experts provided that: (i) (ii) it ensures the quality and timely Project implementation; and the Consultant’s team spend sufficient time undertaking stakeholder meetings and public consultations C. Qualification Requirements for the Key Experts 1.
Team Leader / Legal Expert In addition to the general requirements set forth above, the Team Leader / Lead Legal Specialist shall have: (a) At least twelve years of relevant experience of practicing law: and (b) Comprehensive and in-depth legal knowledge of and experience in project and or contract management, and if also Legal Expert, advising and drafting laws in the areas of support which are the subject matter of these ToRs (such as data protection, cyber security and combatting cybercrime, access to information, e-commerce and e-transactions, and digital identification and authentication), including global and regional legal standards and best practice, including emerging legal issues, in related fields.
Terms of Reference – Review of Policies and Legislations and Development of Recommendations on Necessary Reforms to Implement an Integrated ID System, Authentication Platform, Digital Signature, Electronic Entry Permit Mechanism and Health Administration CARDTP Dominica 12 2.

Legal Specialists Each legal Specialist nominated should display in-depth knowledge of at least one or more of the areas of support.
While these Legal Specialists’ competency can vary and be overlapping in some areas, the Consultant much ensure that experience of the Legal Specialists collectively address all of the legal topics of the areas of support covered.
(a) (b) At least 10 years of relevant experience of practicing law; and Relevant experience in advising and drafting laws which are the subject matter of the areas of support of these ToRs (such as data protection, cyber security and combatting cybercrime, access to information, e-commerce and e-transaction, and digital identification and authentication) global and regional legal standards and best practice, including emerging legal issues, in related fields.
Policy Specialist a) At least 5 years of relevant experience in policy formulation 3. b) Working knowledge of the legal aspects affecting policies c) Good working knowledge of information and computer technology, including working knowledge of MS Office products d) Have a good understanding of e-commerce, digital identification and authentication, e- transaction and e-filing d) Good writing and communication skills e) Good interpersonal skills VII.
CONTRACT DURATION AND ESTIMATED TIME INPUT The duration of the contract is envisaged to be for fourteen (14) months, including final payment.

The time input of the Key Experts is estimated at 35 person-months.

VIII.

Client’s Contribution The PIU will provide the Consultant with the documents listed in Annexure 1.
The PIU will facilitate the Consultant and make available Project-related reports and data relevant to successful completion of the contract, and will act as liaison between the Consultant, the World Bank, the MDAs, the PSC, the Chambers of the Attorney General and other Project stakeholders.

Office accommodation, including access to the Internet, and conference and meeting facilities in Dominica for experts working on the Contract will be provided by the PIU.
Terms of Reference – Review of Policies and Legislations and Development of Recommendations on Necessary Reforms to Implement an Integrated ID System, Authentication Platform, Digital Signature, Electronic Entry Permit Mechanism and Health Administration CARDTP Dominica 13 Additionally, the MDAs will provide suitably qualified and experienced staff for each area with which the contract is concerned to work with the Consultant’s team as well as identify staff the Consultant shall train in enforcement of draft legislation.
Terms of Reference – Review of Policies and Legislations and Development of Recommendations on Necessary Reforms to Implement an Integrated ID System, Authentication Platform, Digital Signature, Electronic Entry Permit Mechanism and Health Administration CARDTP Dominica 15 Annexure 1.

Preliminary List of Legislation, Policies and Regulations for the Selected Areas A. Cross-cutting Acts and Bills that are relevant to Digital Identifier, Authentication N 1.

2.

3.

4.

5.

6.
2.

3.

4.

5.

6.

Platform and Digital Signature Document Description Link Electronic Filing Act No 20 of 2013 Electronic Evidence Act No 13 of 2010 Electronic Funds Transfer Act No 17 of 2013 Electronic Transactions Act No 19 of 2013 Electronic Crimes Bill Fourth Draft 6 October 2011 Data Protection Bill Fourth Draft 6 October 2011 http://www.dominica.gov.dm/laws/2013/Electronic Filing, 2013 ACT 20 of 2013.pdf http://www.dominica.gov.dm/laws/2010/Electronic Evidence no.
13.pdf http://www.dominica.gov.dm/laws/2013/Electronic Funds Transfer Act, 2013 ACT 17 of 2013.pdf http://www.dominica.gov.dm/laws/2013/Electronic Transactions Act, 2013 Act 19 of 2013.pdf To be attached as a doc.

file To be attached as a doc.

file B.

Immigration and Passport N 1.

2.

3.

4.

5.
Document Description Link Immigration and Passport Act Chapter 18:01 Act 5 of 1941 Immigration and Passport Regulations Statutory Rules and Orders No 21 of 1996 Immigration and Passport (Amendment) Act No 3 of 2000 Immigration and Passport Regulations Statutory Rules and Orders No 36 of 2001 Immigration and Passport (Amendment) Regulations http://www.dominica.gov.dm/laws/chapters/chap18- 01.pdf http://www.dominica.gov.dm/laws/1996/sro21-1996.pdf http://www.dominica.gov.dm/laws/2000/act3-2000.pdf http://www.dominica.gov.dm/laws/2001/sro36-2001.pdf http://www.dominica.gov.dm/laws/2002/sro2-2002.pdf Terms of Reference – Review of Policies and Legislations and Development of Recommendations on Necessary Reforms to Implement an Integrated ID System, Authentication Platform, Digital Signature, Electronic Entry Permit Mechanism and Health Administration CARDTP Dominica 16 N 6.
7.

8.

9.

10.

11.

12.

13.

14.

15.

Document Description Statutory Rules and Orders No 2 of 2002 Link Immigration and Passport (Amendment) Act No.

3 of 2002 Immigration and Passport Regulations Statutory Rules and Orders No 51 of 2002 Immigration and Passport (Amendment) Act No.

19 of 2003 Immigration and Passport Regulations Statutory Rules and Orders No 22 of 2003 Immigration and Passport (Amendment) Regulations Statutory Rules and Orders No 25 2003 Immigration and Passport (Amendment) Act No.
4 of 2007 Immigration and Passport (Amendment) Act No.

11 of 2007 Immigration and Passport (Amendment) Act No.
24 of 2013 Immigration and Passport Amendment Statutory Rules and Orders No 10 of 2016 Immigration and Passport (Amendment) Statutory Rules and Orders No 42 of 2016 http://www.dominica.gov.dm/laws/2002/act3-2002.pdf http://www.dominica.gov.dm/laws/2002/sro51-2002.pdf http://www.dominica.gov.dm/laws/2003/act19-2003.pdf http://www.dominica.gov.dm/laws/2003/sro22-2003.pdf http://www.dominica.gov.dm/laws/2003/sro25-2003.pdf http://www.dominica.gov.dm/laws/2007/act4-2007.pdf http://www.dominica.gov.dm/laws/2007/act11-2007.pdf http://www.dominica.gov.dm/laws/2013/Immigration and Passport (Amendment) Act, 2013, Act 24 of 2013.pdf http://www.dominica.gov.dm/laws/2016/Immigration and Passport (Amendment) Regulations, 2016.pdf http://www.dominica.gov.dm/laws/2016/Immigration and Passport (Amendment) (No.
2) Regulations 2016.pdf Terms of Reference – Review of Policies and Legislations and Development of Recommendations on Necessary Reforms to Implement an Integrated ID System, Authentication Platform, Digital Signature, Electronic Entry Permit Mechanism and Health Administration CARDTP Dominica 17 C. Health Information and Administration N 1.

2.

3.
Document Description Link Bills of Health Act Chapter 49:03 Act of 3 of 1907 amended by 7 of 1925 Hospital and Health Care Facilities Act No 21 of 2002 Hospital and Health Care Facilities Statutory Rules and Orders No 8 of 2004 http://www.dominica.gov.dm/laws/chapters/chap49- 03.pdf http://www.dominica.gov.dm/laws/2002/act21-2002.pdf http://www.dominica.gov.dm/laws/2004/sro8-2004.pdf The consultants shall recommend additional documents that they deem necessary to give effect to these Terms of Reference and the Project in general.
Terms of Reference – Review of Policies and Legislations and Development of Recommendations on Necessary Reforms to Implement an Integrated ID System, Authentication Platform, Digital Signature, Electronic Entry Permit Mechanism and Health Administration CARDTP Dominica 18 Annexure 2.
Project Development Objective Indicators Indicator Name Baseline End Target Increase access to digital services & technologies by governments, businesses & individuals Dominica: Internet penetration (Percentage) Dominica: Adults with access to an e-money account (Percentage) Of which percentage women (Percentage) Dominica: Percentage of users of digital public services reporting satisfaction with the efficiency of the transaction (Percentage) Increase access to digital technologies and skills by businesses and individuals Aggregate number of individuals utilizing digital skills to improve workplace productivity or secure new employment opportunities (Number) Of which percentage women (Percentage) Regional: Number of individuals utilizing advanced digital skills to improve workplace productivity or secure new employment opportunities (Number) Of which percentage women (Percentage) Dominica: Number of individuals utilizing digital skills to improve workplace productivity or secure new employment opportunities (Number) Of which percentage women (Percentage) Aggregate: Number of firms adopting digital technologies and platforms for business purposes (Number) Of which percentage women (Percentage) Dominica: Number of firms adopting digital technologies and platforms for business purposes (Number) Of which percentage women (Percentage) 69.60 0.00 0.00 0.00 90.00 15.00 50.00 65.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2.050.00 40.00 250.00 40.00 480.00 40.00 400.00 30.00 100.00 30.00 Terms of Reference – Review of Policies and Legislations and Development of Recommendations on Necessary Reforms to Implement an Integrated ID System, Authentication Platform, Digital Signature, Electronic Entry Permit Mechanism and Health Administration CARDTP Dominica 19 Annexure 3.
Intermediate Results Indicators by Components Indicator Name Component 1: Digital Enabling Environment Eastern Caribbean electronic Communications Bill adopted at national level (Number) Dominica: Effective retail price per GB for least costly 30-day prepaid mobile package (amount (USD)) Comprehensive Payment systems Law adopted at regional level (Yes/No) Updated/harmonized licensing and oversight framework for digital financial services adopted at national level (Number) Computer Emergency Response Team (CERTs) or cyber agencies are established and operational with staff and procedures in place and incident monitoring reporting being carried out in project countries (Number) Component 2: Digital Government Infrastructure, Platforms, and Services Government enterprise architecture adopted Action Plans to strengthen business continuity, resilience and post-disaster recovery of critical digital infrastructure, operations, and services adopted at national level (Number) Dominica: Number of digital government functions and services using shared services platform (Number) Baseline End Target 0.00 4.00 9.25 No 0.00 7.40 Yes 4.00 0.00 4.00 0.00 2.00 0.00 3.00 0.00 12.00 Terms of Reference – Review of Policies and Legislations and Development of Recommendations on Necessary Reforms to Implement an Integrated ID System, Authentication Platform, Digital Signature, Electronic Entry Permit Mechanism and Health Administration