: Consultant for Developing Guidelines for Mutual Legal Assistance Guidelines (National Position) Project Name : UNODC Sub-Programme 2

Transcription

1 Terms of reference GENERAL INFORMATION Title : Consultant for Developing Guidelines for Mutual Legal Assistance Guidelines (National Position) Project Name : UNODC Sub-Programme 2 Reports to : Programme Associate Duty Station : Jakarta, Indonesia Expected Places of Travel : N/A Duration of Assignment : August November 16 (40 working days) REQUIRED DOCUMENT FROM HIRING UNIT x TERMS OF REFERENCE 5 CONFIRMATION OF CATEGORY OF LOCAL CONSULTANT, please select : (1) Junior Consultant (2) Support Consultant (3) Support Specialist (4) Senior Specialist (5) Expert/ Advisor CATEGORY OF INTERNATIONAL CONSULTANT, please select : (6) Junior Specialist (7) Specialist (8) Senior Specialist x APPROVED Finance Authorization REQUIRED DOCUMENTATION FROM CONSULTANT x CV x Copy of education certificate x Completed financial proposal x Completed technical proposal Need for presence of IC consultant in office: partial (explain) X intermittent (explain) : attendance for meeting if needed full time/office based (needs justification from the Requesting Unit) Provision of Support Services: Office space: Yes xno Equipment (laptop etc): Yes xno Secretarial Services Yes xno If yes has been checked, indicate here who will be responsible for providing the support services: < Enter name > Signature of the Budget Owner:

2 I. BACKGROUND Combating transnational crime requires international legal cooperation among governments and specialised agencies in different countries. Mutual Legal Assistance in criminal matters (MLA) is one of legal cooperation that States can employ to assist their criminal investigation against transnational crimes. In order to foster an effective MLA cooperation, States must equip themselves with the appropriate regulatory framework and institutional as well as manpower capacity. In terms of regulatory framework for carrying out MLA cooperation, Indonesia has enacted Undang-Undang Nomor 1 Tahun 06 on MLA in Criminal Matters (Law Number 1/06 on MLA). This law regulates the proceedings for carrying out the execution of MLA request and the role of Central Authority in this regard. The performance of MLA request in Indonesia involves various law enforcement agencies and ministries. The law further stipulate that the MLA can only be transmitted by Minister of Law and Human Rights as Central Authority based on a request from Head of National Police, Attorney General, or for corruption cases by Chair of Corruption Eradication Commission. Then, the Minister may convey the request for Assistance to Foreign Countries directly or through diplomatic channel (Ministry of Foreign Affairs). Indonesia is also a party to relevant international legal instruments on transnational crimes such as the UN Convention against Transnational Organized Crime, the UN Convention Against Corruption, the UN Convention Against Illicit Traffic in Narcotics Drugs and Psychotropic Substances. In addition to that, Indonesia is also have the ASEAN MLA Treaty, and 7 (seven) Bilateral Treaties with Australia, People s Republic of China, Republic of Korea, Hong Kong SAR, India, Viet Nam, United Arab Emirates. Indonesia regards that those Convention and Treaties can serve as a legal basis for MLA cooperation with other countries. Nowadays, transnational crime is increasing significantly with the more various method of operation/ modus operandi. This phenomenon is not only a challenge for law enforcement officials at central level but also at regional level law enforcement officials. Departing from these facts, it is critically important to ensure that institutional and manpower capacity of law enforcement officials intensively and continuously maintained and enhanced in particularly in dealing with MLA cooperation. Therefore, to support this idea, UNODC will assist Ministry of Law and Human Rights by hiring an experienced and professional national consultant for developing a guideline on domestic laws and procedures relating to MLA. II. SCOPE OF WORK, RESPONSIBILITIES AND DESCRIPTION OF THE PROPOSED ANALYTICAL WORK OBJECTIVE The purpose of this assignment is to develop guidelines (English and Indonesia) on domestic law and procedures relating to mutual legal assistance to inform both national and foreign authorities on the requirements that must be met to obtain MLA.

3 SCOPE OF WORK Under the supervision of the Programme Associate, the Consultant will: Output 1: Produce an outline of the MLA guidelines; Output 2: Produce a first draft of the MLA guidelines Output 3: Produce a second draft of the MLA guidelines based on the consultation meeting with key stakeholders; Output 4: Produce final MLA guidelines which are endorsed by UNODC and the Ministry of Law and Human Rights The daily report filed to the Programme Associate, the Consultant is expected to produce the following outputs: Deliverables/ Outputs Estimate number of Working days Target Due Dates Percentage (%) The first payment will be made upon submission of the outline of the MLA guidelines. The second payment will be made upon submission of the the first draft of the MLA guidelines. The third payment will be made upon submission of the second draft of the MLA guidelines which will be based on the consultation meeting with key stakeholders. The final payment will be made upon submission of the final MLA guidelines that are endorsed by UNODC and the Ministry of Law and Human Rights and are ready to be printed. Month one 25% Month two 25% Month three 25% Month five 25% III. WORKING ARRANGEMENT Institutional Arrangement The consultant will be supervised by the Programme Associate Duration of the Work 40 working days in 4 months period. The working period will commence on 1 August to 30 November 16 Duty Station Home Based Travel Plan No travel plan

4 IV. REQUIREMENTS FOR EXPERIENCE AND QUALIFICATIONS SHORTLISTED CRITERIA I. Academic Qualifications: Master degree or Ph.D in law or related field. II. Years of experience: At least years of experience with international development projects focusing on justice and/or the rule of law. Experience on developing the guidelines and strategic reports. Experience conducting a study on judicial cooperation, mutual legal assistance and extradition. III. Competencies: Strong knowledge of national and global MLA policies and regulations. Knowledge of conducting legal assessments and legal reviews. Excellent report writing and presentation skills (kindly provide a sample of reports). Proficient in English language, spoken and written. V. EVALUATION METHOD AND CRITERIA 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% Criteria Weight Max. Point Technical 0 Criteria A: Qualification requirements as per TOR: 1. Master Degree and/or PH.D in law or other related field 2. At least years of experience with International development projects focusing on justice and/or the rule of law. 3. Experience on developing the guidelines and strategic reports. 4. Experience conducting a study on judicial cooperation, mutual legal assistance and extradition. 40% 40

5 Criteria B: Brief Description of Approach to Assignment. 1. Strong knowledge of national and global Mutual Legal Assistance policies and regulations 2. Knowledge of conducting legal assessments and legal reviews 3. Excellent report writing and presentation skills 60% 60 Financial 30% 30 Only candidates obtaining a minimum of 70 points would be considered for the Financial Evaluation