Legal Consultant for the Financial and Economic Criminalization of Corruption in Iraq

All needed information which includes: Complete Terms of Reference, The Selection Criteria, and Annexes are found on the following link under Procurement Notice Number Q-IC-046/11: www.iq.undp.org/procurment.aspx Project Background: In March 2008, the Government of Iraq became a signatory to the United Nations Convention against Corruption (UNCAC), satisfying one of the commitments made in the International Compact with Iraq. This followed the first International Anti-Corruption for Iraq, held in Baghdad in March 2008, during which the Government, together with the heads of the main Iraqi anticorruption entities (the Commission on Integrity (CoI); the Board of Supreme Audit (BSA); and the Inspectors General (IGs) declared their intention to develop a comprehensive national anticorruption strategy; to review and streamline the existing legal and institutional framework; to establish effective preventive measures such as codes of conduct, an asset declaration system, and effective inspection and auditing standards; to promote ethical conduct, transparency and accountability throughout society; to ensure enforcement of the law and design a public complaints and whistleblower protection system; and to build domestic capacities to recover the proceeds of corruption. In support of this important commitment by the Government of Iraq, the United Nations Development Programme (UNDP) and the United Nations Office on Drugs and Crime (UNODC) developed a comprehensive framework to support anti-corruption in Iraq, underpinned by Iraq’s compliance with UNCAC. The 2008-2012 UNDP/UNODC programme of Assistance to the Government of Iraq in “Implementing UNCAC and Combating Corruption at the Governorate Level” provides expertise on preventing corruption and enforcing the laws against corruption. A number of results have been achieved to date, namely, a gap analysis and needs assessment was conducted based on the self-assessment checklist, a national anti-corruption strategy was developed and is rolled out, a pilot testing was conducted prior to undertaking a comprehensive integrity study, and several capacity building workshops were delivered, to key national anti-corruption institutions on the prevention and fight against corruption. UNDP-Iraq is seeking to hire a qualified Contractor to train CoI’s Investigators, Judiciary Investigative Judges and Prosecutors, on Criminal Case Management, Financial Criminal Investigations and Crisis Communication focusing on Chapter III and IV of the UNCAC. It is expected that these technical assistance programs will enhance the skills of the various participants in close collaboration with the ministry and governmental institutions they represent. The consultant will be responsible for the provision of such services based on a thorough understanding of the stakeholder’s relevant institutions, specifically in the areas of investigation, the Iraqi laws pertaining to corruption and the UNCAC. Objectives: Under the direct the direct supervision of the programme manager anticorruption, the main purpose of the consultant in criminalization of corruption will be to assist UNDP in raising the capacity of the Commission of Integrity Investigators, Judiciary Investigative Judges and prosecutors through providing a serious of training courses and workshops to further develop a comprehensive broader enabling environment for the Enforcement and prosecution of corruption, and enhancing transparency and integrity with the major stakeholders to this endeavour namely. This enabling environment will cover: • Conducting two workshops focusing on the newly developed compendium and inventory, the criminalization of corruption acts in the relevant national legislation, and Chapter III and IV of the Convention against Corruption. • Conducting a serious of training on Criminal Case Management, Financial Criminal Investigations and Crisis Communication.

Duties and Responsibilities

Scope and expected outputs The role is based on specific deliverables identified in the TORs under Procurement Notice Q-IC-046/11. The stakeholders are CoI’s Investigators, Judiciary Investigative Judges and Prosecutors and senior ranking officials in the Judiciary and anti-corruption institutions. The expected outputs are: • Liaising with and engaging all stakeholders in the process of developing and implementing activities to incorporate their expertise and promote national ownership. • Develop and produce a compendium of corrupt cases (more precisely cases linked to scenarios that illustrate financial investigation, laws and regulations) pertaining to Chapter III and IV of UNCAC. • Conduct two workshops focusing on the newly developed compendium and inventory, the criminalization of corruption acts in the relevant national legislation, and Chapter III and IV of the UN Convention against Corruption. Each workshop should be a four day programme, focusing on: • Criminalization of unlawful acts related to corruption (international requirements), • Points of strength and weakness in the national legislation (penal code and other special relevant laws), • International cooperation, • Assets recovery, • Money laundering and relevant articles in UNCAC, • Case study (where appropriate). The total audience for each workshop should be 20-25 participants, taking place preferably in Baghdad and Erbil (possibly Amman). 1- Case-based capacity building training to investigators, prosecutors and trial judges delivered as follows: Criminal Case Management, including case intake, investigation process, joint investigations (between different national authorities), evidence management and report preparation. This training will be over a four day programme, for a total of 80-100 participants (divided over three sessions) in Baghdad and Erbil. Financial Criminal Investigations, including transnational investigations, mutual legal assistance, and asset tracing, seizure and recovery. This training will be over a four day programme, for a total of 80-100 participants (divided over three sessions) in Baghdad and Erbil. 2- Training session on Communication Management (crisis communication) for high-ranking officials, including managing information during a crisis where allegations of corruption are a component and how to address confidentiality issues. The duration of the session should be three days conducted outside Iraq for a 15-20 participants (target participants - high-ranking officials, senior judges and investigation practitioners).

Competencies

• Strong analytical and writing skills and ability to provide guidance and coordination to the government counterparts and other involved stakeholders. • Ability to conceptualize analytical frameworks based on available information and resources. • Ability to identify and address the information gaps in a systematic manner. • Strong analytical and writing skills and ability to provide guidance and coordination to the government counterparts and other involved stakeholders. • Demonstrated ability and willingness to work as a member of a team, with people of different cultural, ethnic and religious background, different gender and diverse political views. • Strong communication and organizational skills as well as team work capabilities. • Proficiency in English language.

Required Skills and Experience

• Master degree or equivalent in relative disciplines, with at least 10 years of relevant experience in producing policy or technical papers on management of finance, corruption, integrity, transparency and accountability, public management in the public and the private sectors for or on behalf of the executive branch of government in an Arab country (ideally Iraq). • Desired experienced in publications related to criminal Law or anti-corruption 10 years. • Experience within an International organization is an asset management and recovery. • Advanced legal expertise in relation to Law (at least Masters of Law), financial investigation and administration. • Demonstrated experience in liaising with the Judiciary (practitioners) and law enforcement agents. • Plan and prioritises work activities to meet delivery goals and work plan to achieve quality results. • Security and confidentiality awareness essential. Mobility throughout Iraq and abroad. • Ability to function independently with remote supervision and regular interaction with Anticorruption senior advisor and Governance team • Fluency in Arabic both written and oral, Legal analytical drafting and skills in Arabic are essential (samples will be required for selection). Documents to be included when submitting the Proposal: Interested individual consultants must submit the following documents/information to demonstrate their qualifications and interest. All requested hereunder documents should be provided to the following e-mail address: SSA.undp.iraq@undp.org. The Consultant must include the Procurement Notice Number, The Position Number and Title in the e-mail subject box when submitting his/her proposal or requesting clarifications. It is a MUST to download ONLY the CV to this site if not sent with the rest of required documents to the above mentioned e-mail address. 1- Technical Proposal: (which will include the following): • Signed Proposal Submission Form. (Please use Annex 1). • A letter explaining why he/she consider himself/herself the most suitable candidate for the work. • A brief methodology on how he/she will approach and conduct the work. • Personal CV including past experience in similar projects and at least 3 references. Please Use the attached CV Form – Annex 2 attached. UNDP-Iraq reserves the right to disqualify any of CVs who are not compliant with the requested form. • Provide sample reports prepared by the applicant in the recent past. Minimum requirements: (Please see Annex 4). This will be part of the technical proposal. a) Master degree b) Ability and desire to work inside Iraq c) Excellent knowledge of Arabic and English language ( this will be evaluated through the provided sample) d) Willingness to take the UN security training (if required). e) Willingness to obtain the required security courses as applicable through the website. f) Willingness to do a medical exam. This applies only for consultant of 62 years of age and above where a full medical exam will be required from a UN certified doctor if selected for award of contract. g) Acceptance of IC General Terms and Conditions. 2- Financial proposal: The financial proposal will specify a total lump sum amount and payment terms around specific and measurable (qualitative and quantitative) deliverables. Payments are based upon output, i.e. upon delivery of the services specified in the TOR. A breakdown of this lump sum amount (including travel, per diems) is to be provided by the IC candidate. Total Fees: Please use Annex 3 – Financial proposal form. 3- Travel: All envisaged travel must be included in the financial proposal. This includes all travel to join duty station/ repatriation travel. . In general, UNDP does 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 his or her own resources. Furthermore, Individual Consultant who is at the duty station at the time of hire is ineligible for travel to join, and who remain at the duty station after contract completion is ineligible for repatriation travel. 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.

Legal Consultant for the Financial and Economic Criminalization of Corruption in Iraq