Republic of Moldova

International consultant to draft an analytical study on mechanisms for asset recovery and extended confiscation

Vacancy Number: Pr15/01122

Location:	Chisinau, Moldova
Application Deadline:	02 Oct 2015, 15:00 (GMT+2:00)
Type of Contract:	N/A
Starting date:	14 Oct 2015
Reference to the project:	Strengthening the corruption prevention and analysis functions of the National Anticorruption Center Project
Expected Duration of Assignment:	October 2015-January 2016
Submission Instructions: Proposals should be submitted by pressing the "Apply Now" button no later than October 2 2015.  Requests for clarification only must be sent by standard electronic communication to the following e-mail olga.crivoliubic@undp.org. UNDP will respond by standard electronic mail and will send written copies of the response, including an explanation of the query without identifying the source of inquiry, to all applicants. This Vacancy Announcement is also placed on: http://jobs.undp.org/cj_view_job.cfm?cur_job_id=60274.
Supporting Documents: Terms of Reference Individual Consultant Procurement Notice Personal History Form (P11) UNDP General Conditions of Individual Contract

Contacts:

Ms. Olga Crivoliubic.

olga.crivoliubic@undp.org

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[1], which is implemented by two years of action plans[2]. Anticorruption measures strongly feature in other major strategic policy documents, such as Moldova 2020,[3] Justice Sector Reform Strategy (2011 – 2016) and it’s Action Plan[4] and the National Action Plan for the implementation of the EU-Moldova Association Agreement (AA).[5]

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.

Scope of work

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.

 

Requirements for experience

Academic Qualifications:

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

Years and sphere of 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

Competencies:

• 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;
• Effective communication and strong analytical skills;
• Initiative, creativity/resourcefulness;
• Previous successful experience of working with UN agencies is an advantage; 
• Knowledge of English; knowledge of Romanian or Russian languages will be an asset

Documents to be included

1. Proposal: explaining why they are the most suitable for this position and providing examples reflecting the competencies for each of the qualification requirements (particularly providing details on the previously implemented similar projects and assignments and previous experience in the fields related to this consultancy as described in the terms of reference);
2. Financial proposal: in (USD, specifying a total lump sum amount and the number of anticipated working days);
3. Personal CV including past experience in similar projects and the contact details of at least 3 reference persons.

Financial proposal

The financial proposal shall specify a total lump sum amount, and payment terms around specific and measurable (qualitative and quantitative) deliverables. Payment will be made upon the successful completion of the tasks assigned and submission of the assessment report.  Payments are based upon output, i.e. upon delivery of the services specified in the TOR. In order to assist the requesting unit in the comparison of financial proposals the financial proposal shall include a breakdown of this lump sum amount (including fee, taxes, communication costs, travel, per diems, and number of anticipated working days).

Travel

 All envisaged travel costs must be included in the financial proposal. This includes all travel to join duty station/repatriation travel. In general, UNDP should not accept travel costs exceeding those of an economy class ticket. Should the IC wish to travel on a higher class he/she should do so using their own resources.

 In the case of unforeseeable travel, payment of travel costs including tickets, lodging and terminal expenses should be agreed upon, between the respective business unit and Individual Consultant, prior to travel and will be reimbursed.

 Two trips to Moldova are envisaged under this assignment.

 

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