Terms of Reference
International Expert for the facilitation of the Development Programme for the State Financial Monitoring Service of Ukraine
- Background
The programme “EU Anti-Corruption Initiative in Ukraine (EUACI)” II is a four-year programme (2020-2024) implemented by the Danish Ministry of Foreign Affairs using the indirect implementation modality.
The overall objective of the programme is to improve the implementation of anti-corruption policy in Ukraine, thereby ultimately contributing to a reduction in corruption. In pursuing this objective, the programme will support all key institutions in the flow of anti-corruption justice in Ukraine, from prevention to investigation, prosecution, adjudication of corruption cases and recovery of illegally obtained assets in line with international norms and the best European practices as well as the parliamentary and civilian oversight of the execution of the anti-corruption policy.
In 2002, the State Financial Monitoring Service of Ukraine (SFMS) was established, the main task of which in the anti-corruption area is to analyze the suspicious financial transaction for generating and submitting case referrals and additional case referrals to NABU and other law enforcement agencies. The SFMS is not a fully anti-corruption authority but it helps NABU and other law enforcement agencies to investigate the financial flows within criminal investigations.
The main tasks and functions of the SFMS include:
- implementation of state policy in the field of prevention and counteraction to legalization (laundering) of proceeds from crime, terrorism financing and financing of proliferation of weapons of mass destruction;
- to ensure the formation of state policy in the field of preventing and combating legalization (laundering) of proceeds from crime, terrorist financing and financing the proliferation of weapons of mass destruction;
- collection, processing and analysis (operational and strategic) of information on financial transactions subject to financial monitoring, other financial transactions or information that may be related to the suspicion of legalization (laundering) of proceeds from crime or terrorist financing or financing the proliferation of weapons of mass destruction;
- ensuring the functioning and development of a single information system in the field of preventing and combating legalization (laundering) of proceeds from crime, terrorist financing and financing the proliferation of weapons of mass destruction;
- conducting a national risk assessment;
- establishing cooperation, interaction and information exchange with state bodies, the National Bank, competent authorities of foreign states and international organizations in the field of prevention and counteraction to legalization (laundering) of proceeds from crime, terrorist financing and financing of proliferation of weapons of mass destruction;
- ensuring representation of Ukraine in international organizations for the prevention and combating of legalization (laundering) of proceeds from crime, terrorist financing and financing the proliferation of weapons of mass destruction.
2. Objectives
To ensure sustainable institutional development of SFMS, EUACI will provide consultancy assistance to help SFMS develop its Development Programme. The main outcomes:
- Development Programme formulated
- The staff of SFMS trained to ensured that SFMS have the internal capacities to revise Development Programme in line with the good international practices in the future.
3. Expected deliverables (outputs)
The expected deliverables of an international expert under this ToR shall include, but not necessarily be limited, to the following:
- Prepare a methodology for drafting a Development Programme for the SFMS;
- Develop a timeline for online meetings and online training with/for the SFMS representatives;
- Develop a concept of the Development Programme for the SFMS;
- Review the first draft of the Development Programme;
- Review the final draft of the Development Programme;
- To write the report for the EUACI describing the status quo and results achieved with regard to mentoring of the SFMS.
Note: All translation and interpretation services will be covered by the EUACI.
4. Scope of work
The tasks associated with the assignment will be the following:
- to overview all the legal documents provided by the EUACI with regards to the task;
- to facilitate meetings with EUACI and management team of the SFMS to identify the process and outcomes of the assignment;
- to facilitate meetings with relevant representatives of different divisions of the SFMS or\and working group and other stakeholders in order to receive data for the Development Programme of the SFMS;
- to develop a concept of the Development Programme based on the information received from SFMS and other counterparts and provide it to EUACI for approval;
- to facilitate guiding sessions on drafting development Programme process for the SFMS;
- to review the first draft of Development Programme provided by the SFMS;
- to assist the SFMS in finalisation the Development Programme;
5. Professional Requirements
General qualifications
- An advanced university degree (Master's degree or equivalent) in the fields of law, criminology, public administration, political science, international relations or related fields of criminal justice, crime prevention and/or law enforcement;
- At least 10 years of professional experience in the fight against financial crime, money-laundering, asset forfeiture, terrorism financing and related areas.
Adequacy for the assignment:
- At least five years of experience in strategy and implementation plan development for anti-corruption agencies, FIUs or similar;
- A minimum of three years’ experience providing technical advice on money laundering, financial crimes or similar;
Experience with the region and languages
- Previous experience working with/knowledge of the judiciary/criminal justice system in Ukraine/anti-money laundering system or region is an asset;
- Ability to speak Ukrainian or Russian is anadvantage;
- Fluency in written and oral English.
6. Timeline
The intended commencement date is the date of signature of the contract by both parties and the period of implementation of the contract will be up to 6 months, with a maximum duration of 20 working days.
7. Monitoring and evaluation
Definition of indicators
The performance of the Contractors will be judged upon reaching the purpose of this contract as well as obtaining its results, as indicated in the section “Objective” and “Expected Deliverables (Outputs)” herein respectively. Moreover, the performance of the Contractors will be judged upon the successful implementation of all the specific activities indicated in Section ”Scope of work” of the present document.
Special requirements
By signing the contract, the Contractors agrees to hold in trust and confidence any information or documents ("confidential information"), disclosed to the Contractors or discovered by the Contractors or prepared by the Contractors in the course of or as a result of the implementation of the contract, and agrees that it shall be used only for the contract implementation and shall not be disclosed to any third party.
Expert is accountable to the European Union Anti-Corruption Initiative (EUACI).
8. Cross-cutting issues (integration of the youth, equal opportunities)
The project will be implemented ensuring equal opportunities for men and women and the integration of the youth.
HOW TO APPLY
Deadline for submitting the proposals is 1 March 2021, 18:00 Kyiv time.
The proposal shall include an expert’s CV, methodology, financial information/budget for the assignment with an indication of days and fees and should be submitted within the above deadline to [email protected] CC: Viktoria Popyk, [email protected]with the subject SFMS development programme.
Bidding language: English.
Clarification questions
Any clarification questions regarding the bid request should be addressed to Viktoria Popyk, [email protected], CC: with a copy to Elena Konceviciute, [email protected] not later than 22 February 2021, 17:00 Kyiv time.