UNDP Jobs - 60274- Consultant to Draft an Analytical Study on Mechani

Consultant to Draft an Analytical Study on Mechanisms for Asset Recovery and Extended Confiscation

Location :

Chisinau, MOLDOVA

Type of Contract :

Individual Contract

Starting Date :

14-Oct-2015

Application Deadline :

02-Oct-15 (Midnight New York, USA)

Post Level :

International Consultant

Duration of Initial Contract :

October 2015 - January 2016

Languages Required :

English

Expected Duration of Assignment :

October 2015 - January 2016

UNDP is committed to achieving workforce diversity in terms of gender, nationality and culture. Individuals from minority groups, indigenous groups and persons with disabilities are equally encouraged to apply. All applications will be treated with the strictest confidence. UNDP does not tolerate sexual exploitation and abuse, any kind of harassment, including sexual harassment, and discrimination. All selected candidates will, therefore, undergo rigorous reference and background checks.

Background

Corruption remains a major issue in Moldova. Various international rankings testify the high levels of perceptions of corruption. The Government, acknowledging the need to fight corruption, adopted the National Anticorruption Strategy (NAS) in 201, which is implemented by two years of action plans. Anticorruption measures strongly feature in other major strategic policy documents, such as Moldova 2020, Justice Sector Reform Strategy (2011 – 2016) and it’s Action Plan and the National Action Plan for the implementation of the EU-Moldova Association Agreement (AA).

One of the priorities provided in the Government of Moldova Activity Program for 2015-2018 is the fight against corruption. For this priority, among other actions, the Government will focus on combating illicit enrichment and on confiscation of proceeds of crime derived from corruption and related offences, for which the following sub-actions are envisaged: creation of the civil confiscation mechanism; creation of the legal framework for conducting financial investigations, detection, tracking, preservation and repatriation of proceeds derived from corruption and related crimes; creation of a specialized structure with competences to identify, recover and administer the proceeds derived from corruption and related crimes. These sub-actions are also provided in the Government’s Action Plan for 2015-2016 (approved at the Government meeting from 26 August 2015).

The above measures will also contribute to achieving a compliance with the United Nations Convention against corruption (UNCAC) that had been ratified by the Republic of Moldova through the Law no. 158-XVI of 06.07.2007. According to the UNCAC review mechanism the compliance with the provisions of Chapter V – Asset recovery - will be reviewed in the next review cycle, alongside with Chapter 2 – Corruption Prevention.

To achieve a steady progress in the implementation of both UNCAC and the Government Programme a specialized division – Asset Recovery Service, with the competence to perform financial investigations, detection, tracking, preservation and repatriation of proceeds derived from corruption and related crimes, illicit and unjustified incomes had been created within the NAC.

Strengthening the corruption prevention and analysis functions of the National Anticorruption Center (NAC) project implemented by UNDP in partnership with the NAC and funded by the Government of Norway aiming at enhancing the corruption prevention and analysis functions of the NAC, intends to engage an international consultant to provide analytical support to the aforementioned specialyzed division of the NAC Analytical Unit.

Parliamentary Decision 154, of 21 July 2011, to adopt the National Anti-Corruption Strategy 2011-2015. http://cna.md/sites/default/files/snadoc/national_anti-corruption_strategy_2011-2015_republic_of_moldova.pdf

Parliamentary Decision 76, of 16.05.2014 to approve the Action Plan for 2014–2015 to implement the National Anti-Corruption Strategy 2011–2015. http://cna.md/sites/default/files/snadoc/plan_2014-2015_eng.doc

http://cancelaria.gov.md/lib.php?l=en&idc=435&nod=1&

http://www.justice.gov.md/#idc=420&

http://www.mfa.gov.md/implementarea-aa/-

Duties and Responsibilities

The main objective of the assignment is to draft an analytical study with practical recommendations on effective mechanisms for asset recovery and extended confiscation.

The assignment will consist of two missions. The first mission (tentatively scheduled for 19 - 30 October 2015) will involve the review of relevant background documents, materials, and reports prior to and during the mission, focus group discussions and in-depth interview involving relevant stakeholders from NAC, Prosecutor’s Office, judiciary. It may also include interviews and/or focus group discussions with key external partners, civil society experts and other relevant stakeholders to discuss possible solutions based on their familiarity and knowledge of the asset recovery and extended confiscation issue. The second mission, which will be undertaken at least in one month after the first mission, will involve the presentation of the analytical study to relevant stakeholders, its validation, and discussion of the recommendations. The study will be submitted to the NAC after the second mission.

The study will include detailed analysis and recommendations on:

Effective legislative framework and mechanism for performing the financial investigations;
Optimal mechanisms for strengthening of the duties to perform the investigation, discovery, tracing, preservation and repatriation of proceeds derived from corruption and related crimes, illicit and unjustified incomes;
Optimal civil confiscation mechanism;
Optimal competences, role and place of the specialized division within NAC;
Necessary technical assistance in the asset recovery domain (necessary data exchange with the similar international bodies);
Performance of parallel financial investigations;
Functioning of the Asset Recovery Service within NAC;
Capacity transfer and coaching of the staff of the NAC Analysis Unit;
Efficient implementation of the provisions on special confiscation and extended confiscation in case of corruption and related crimes.

For detailed information, please refer to Annex 1 – Terms of Reference at http://www.undp.md/jobs/current_jobs/

Competencies

Effective communication and strong analytical skills;
Initiative, creativity/resourcefulness;
Proven commitment to the core values of the United Nations; in particular, is respectful of differences of culture, gender, religion, ethnicity, nationality, language, age, HIV status, disability, and sexual orientation, or other status;
Responsibility;
Flexibility;
Punctuality.

Required Skills and Experience

Education:

Master’s Degree or equivalent (5-year university education) in Law, International Public Law, International Relations or other relevant field.

Experience:

At least 5 years of Professional experience related to the asset recovery and confiscation activity in anticorruption agencies/ judiciary/ prosecution and/or other relevant institutions;
Proven extensive knowledge on the phenomenon of corruption, efficient mechanisms for its combating and prevention;
Extensive demonstrated experience in drafting strategic documents, legislation, other normative acts;
Experience in implementing similar assignments in the newer EU Member or Candidate States or CIS region will be a strong asset;
Previous successful experience of working with UN agencies is an advantage;

Language

Knowledge of English;
Knowledge of Romanian or Russian languages will be an asset.

Initially, consultant will be short-listed based on the following minimum qualification criteria:

Master’s Degree or equivalent (5-year university education) in Law, International Public Law, International Relations or other relevant field;
At least 5 years of Professional experience related to the asset recovery and confiscation activity in anticorruption agencies/ judiciary/ prosecution and/or other relevant institutions.

The long-listed individual consultants will be further evaluated by a Selection Committee based on the following short-listing criteria:

Master’s Degree or equivalent (5-year university education) in Law, International Public Law, International Relations or other relevant field - maximum 40 points;
At least 5 years of Professional experience related to the asset recovery and confiscation activity in anticorruption agencies/ judiciary/ prosecution and/or other relevant institutions - maximum 60 points;
Experience in implementing similar assignments in the newer EU Member or Candidate States or CIS region will be a strong asset - maximum 50 points

The first five candidates who passed short-listing evaluation criteria with the best score shall be invited for interview and pass cumulative analysis.

Cumulative analysis

The award of the contract shall be made to the individual consultant whose offer has been evaluated and determined as:

Responsive/compliant/acceptable; and
Having received the highest score out of a pre-determined set of weighted technical and financial criteria specific to the solicitation.
Technical evaluation (max 300 points) – 60%;
Financial evaluation (max 200 points) – 40%.

Only candidates obtaining a minimum of 70% score of the technical evaluation (at least 210 points) would be considered for the Financial Evaluation.

Interview:

Proven extensive knowledge on the phenomenon of corruption, efficient mechanisms for its combating and prevention - max 80 pts;
Extensive demonstrated experience in drafting strategic documents, legislation, other normative acts - max 80 pts;
Past experience in working with anticorruption agencies will be an asset - max - 40 pts;
Previous successful experience of working with UN agencies is an advantage - max 30 pts;
Knowledge of English; knowledge of Romanian or Russian languages will be an asset - max 30 pts;
Effective communication and strong analytical skills, Initiative, creativity/resourcefulness - max 20 pts;
Responsibility, flexibility, punctuality - max 20 pts.