Background

UNDP Iraq Country Office with generous funding from INL will implement the project ‘Strengthening Justice Sector Capacities to Uphold the Rule of Law in Iraq’. The focus of the project is twofold to strengthen capacities of the judges to conduct and lead to lead complex organised and financial crime investigations, including on money laundering, corruption and illicit financing and,  improve policies and procedures for the investigation and prosecution of complex organized and financial crime cases.

Organized crime, including money laundering and illicit financing, are prevalent criminal activities in Iraq which led to a prevalent atmosphere of corruption and impunity, and constitute a major impediment to Iraq's economic recovery, stability and development. Improving related policies and procedures and capacities of judges to investigate such major crimes to hold perpetrators accountable performs a crucial part for being able to restore effective institutions in Iraq.

The Iraqi law follows the tradition of the French/Egyptian system. The investigating judge is by law the investigating authority. Investigations by the police require general approval and supervision by investigating judges. In practice, investigations are often micromanaged by investigating judges, usually by phone and further tasked and approved by letters sent back and forth between police investigators and investigating judges. Most initiatives by the police in investigations require prior approval of an investigating judge. However, in general they do not venture out and maintain a physical presence in the crime scenes etc. They later rehear in their courthouses the suspects and witnesses, review other evidence and the dossier sent by the police (in so-called investigative hearings). Raising capacities of the police will not yield desired results if investigating judges are not part of the process. Cases reach trial courts only through investigating judges. Thus, it is crucial to link capacity building for judges as well. As such Investigating judges must be skilled and knowledgeable in investigating financial crimes, and likewise be familiar with and have trust in the capacity of the police who assist them in their investigations and often this may be challenging in Iraq. In order to achieve and sustain progress from such skill building efforts it is also critical to ensure that necessary policies and procedures are also in place. 

Where appropriate project activities will also endeavour to involve police officers in judges’ trainings and relevant capacity development activities to promote enhanced partnerships between investigative judges and the police.

Objectives:

Overall, the proposed scoping assessment serves three main objectives: 

1. Help set the baseline for the project to measure/ appraise it outcomes.
2. Allow UNDP to use the assessment to develop a much-needed policy document identifying the policies and procedures that require improvement for the investigation of complex organised and financial crime cases. It will be used for advocacy with the senior officials of the Higher Judicial Council (HJC) and other key interlocutors in the justice sector.
3. Identify/ prioritise reach and sequence of proposed training activities, level of trainings e.g. advanced or basic level) and topical priorities for the training modules / curriculum. 

Since the Higher Judicial Council (HJC) will be the main beneficiary of the project, the baseline assessment is conducted to determine the following:

Firstly, determine which judges shall be taught/ upskilled and otherwise supported and the depth of the support to be provided.  For example, the assessment could come to the conclusion that all judges of Iraq should be taught about financial crimes but then only at basic level; or only a handful of selected judges should receive extensive training to prepare them to act as expert judge to investigate major financial crimes in Iraq or other alternative conclusions to help inform the above mentioned three objectives of the assessment.

Secondly, the baseline assessment shall also review existing policies, procedures and capacities of the judiciary (mainly investigating judges, but also prosecutors and judicial investigators) in the investigation and adjudication of complex organised and financial crime cases.

Thirdly, noting that project’s main target audience will be investigating judges and their collaboration with police units during investigations of organised and financial crimes, the  assessment  will also include police capacities and how judges are informed and able to instruct and guide  police officers to utilise their insights and capacities to build solid cases.

The project must insofar collaborate with the parallel INL-funded ICITAP project supporting investigative capacities of the police. The assessment shall also determine a baseline of current judges' capacities and utilise practices from which project's quantitative indicators can be further reviewed and refined to measure the overall results of the project.

(Annex 1:  Please also refer Baseline Assessment ToR)

Duties and Responsibilities

UNDP had identified the requirement to commission a Financial Crimes Investigation Specialist as short-term consultant to support the Team Leader and the Justice Sector Expert to implement the assessment.

The Financial Crimes Investigation Specialist will be an International Expert with specific expertise on the conduct of illicit financing, money laundering and the handling of complex organised crime investigations.

As a technical expert, the Financial Crimes Investigation Specialist should have knowledge on investigative techniques used, on some of the topics more extensively, to how investigate illicit financing and money laundering. Amongst  those topics of knowledge could exemplarily be the ability to identify and trace suspected persons, companies, and properties; recognition and tracing of illicit financing and money laundering; interview techniques; document examinations; conduct of search and arrest operations; physical and technical surveillance; use of undercover agents; handling informers; conducting entrapment operations; cooperation with other national institutions; complex evidence analysis; risk averse approaches to dealing with intricate criminal cases including witness protection; case documentation & management in line with international best practices; specific forms of money laundering and illicit financing (e.g. terrorist financing, cash business and foreign investment schemes etc.); tools and modern techniques in tracing and detecting financial transactions; and linkages between money laundering and illicit financing to organised crime.  Further, an understanding of investigative process and policy requirements is crucial to be able to assess the investigating judges’ ability to efficiently lead the investigative process, including the actions of the police, until the cases on financial crimes are ready for trial.

Proficiency of the English Language is essential.

The Financial Crimes Investigation Specialist shall as such be the technical investigation expert able to advise the Teal Leader of the Assessment Experts Team and the UNDP SSR/RoL Programme  Team on which points to interview identified stakeholders and make recommendations what measures on policies, procedures and training should be envisaged to raise the capacity of investigating judges to lead financial crimes investigations. Together with rest of the assessment team of experts , they will participate in the desk review, advise and prepare the team for the stakeholder interviews, actively participate in the interviews, provide analysis of the assessment findings and help drafting the assessment report under the overall guidance and oversight of the Team Leader.

The international Financial Crimes Investigation Specialist will be a member of the Experts Team, collaborating closely with the Justice Sector Expert (national or international) and reporting to the Team Leader (International). The Team Leader will work under close consultation and overall oversight of the SSR/RoL Programme Manager and the Senior Criminal Justice Advisor.

The UNDP Programme will provide translation and other logistical support to the Team Leader and the Experts Team. (Please also see Annex 1: ToR – Baseline Assessment)

Scope of Work and Key Deliverables:

Assessment Duration:

• Total Assessment duration: approximately 1 November 2020 to 31 January 2021. 
• Total Number of Days: 40 working days

Competencies

Corporate Competencies:

Demonstrates commitment to the UN’s values and ethical standards;
Promotes the mission, vision and strategic goals of UNDP;
Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability;
Treats all people fairly and with impartiality.

Functional Competencies:

Consistently approaches work with energy and a positive, constructive attitude;
Ability to work under pressure and to meet deadlines;
Demonstrates excellent oral and written communication skills;
Demonstrates openness to change and ability to manage complexities;
Self-reliant and able to work as a part of a multi-cultural team in a stressful.

Professionalism:

Shows pride in work and in achievements; is conscientious and efficient in meeting commitments; observing deadlines and achieving results; is motivated by professional rather than personal concerns; Shows persistence when faced with difficult problems or challenges; Remains calm in stressful situations.

Communication:

Speaks and writes clearly and effectively; Listens to others, correctly interprets messages from others and responds appropriately; Asks questions to clarify and exhibits interest in having two-way communication; Tailors language, tone, style and format to match the audience; Demonstrates openness in sharing information and keeping people informed.

Planning and Organizing:

Identifies priority activities and assignments; allocates appropriate amount of time and resources for completing work; foresees risks and allows for contingencies when planning; monitors and adjusts plans and actions as necessary; Uses time efficiently.

Client Orientation:

Considers all those to whom services are provided to be “clients” and seeks to see things from clients’ point of view; Establishes and maintains productive partnerships with clients by gaining their trust and respect; Meets time line for delivery of product or services to client.

Teamwork:

Works collaboratively with colleagues to achieve organizational goals; Builds consensus for task purpose and direction with team members; Supports and acts in accordance with final group decisions, even when such decisions may not entirely reflect own position.

Technological awareness:

Keeps abreast of available technology; actively seeks to apply technology to appropriate tasks; Shows willingness to learn new technology.

Required Skills and Experience

Qualifications, skills and professional experience of the Financial Crimes Investigation Specialist (International) should include the following:

• An academic degree qualifying him as a police officer or another university degree or specialised diploma or equivalent years of professional experience in subjects related to criminal investigations, policing, criminology, peace, justice and security, and/or conflict studies, strategy/risk management or other related and relevant subject areas.
• At least 10 years professional experience in criminal investigations.
• Professional experience of at least 3 years focused on financial investigations, money laundering or corruption.
• Professional work experience in Iraq or other post -conflict environments constitutes an added advantage.
• Previous mission experience in analysis and conducting assessments constitutes an advantage.
• Excellent written and spoken English language skills are essential. 
• Knowledge of any degree of Arabic is an advantage.

7.   Schedule and Method of Payment

Payments will be made upon satisfactory completion of the deliverables outlined in the table above

(Section 4 - scope of work and key deliverables) and, upon the submission and acceptance of each key deliverable. The payments will be made in 3 installments subject to UNDP procurement procedures.

First payment - 20% of the total amount upon satisfactory completion and acceptance of the Desk Review and Pre- Stakeholder Interview Preparatory Phase.

Second payment – 40% of the total amount upon satisfactory completion and acceptance of the Stakeholder/ Key Informant Interviews and all recording documentation.

Third payment – 40% of the total amount upon satisfactory completion and acceptance of the Data Triangulation, Analysis and Report Writing and the submission of the Final Comprehensive Assessment Report with Key Findings and Recommendations to UNDP.

8. Selection Criteria

 Individual consultants will be evaluated based on the following methodologies:

Cumulative analysis 

When using this weighted scoring method, the award of the contract should be made to the individual consultant whose offer has been evaluated and determined as:

a) responsive/compliant/acceptable, and

b) Having received the highest score out of a pre-determined set of weighted technical and financial criteria specific to the solicitation. 

* Technical Criteria weight; 70%

* Financial Criteria weight; 30%

Only candidates obtaining a minimum of 70 point would be considered for the Financial Evaluation

APPLICATION PROCEDURE

The application should contain the following:

1. A technical proposal with a brief description of why the individual considers him/herself as the most suitable for the assignment.
2. The technical proposal should also contain personal CV , indicating education background/professional qualifications, all experience, furthermore, providing duly filled the form of  Letter of Confirming Interest and Availability whereby includes financial Proposal that indicates the all-inclusive fixed total contract price, supported by a breakdown of costs, as per deliverables mentioned in this TOR, in addition to  the contact details (email and telephone number) of the candidate and at least three (3) professional references.

The detailed terms of reference and the Letter of Confirming Interest and Availability form are uploaded in documents section,

Please note you can upload only one document in the online application, therefore combine the CV, and the Letter of Confirmation and Availability as one pdf and upload it accordingly.moreover, please note that failure to submit required documents by UNDP will lead to rejection of your offer.