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

Similar documents
INDIVIDUAL CONSULTANT PROCUREMENT NOTICE

INDIVIDUAL CONSULTANT PROCUREMENT NOTICE

INDIVIDUAL CONSULTANT PROCUREMENT NOTICE

Terms of Reference. Title Purpose. Location Contract Duration Contract Supervision

TERMS OF REFERENCE FOR INDIVIDUAL CONTRACT

RAS/16/11/USA SEA Fisheries: Strengthened Coordination to Combat Labour Exploitation and Trafficking in Fisheries in Southeast Asia

CONCEPT NOTE Criminal Justice Sector in Afghanistan Time Frame: June 2010 July 2012

Liberia Monrovia L Electoral Reform & Inter-Party Dialogue Consultant. Eight (8) Months

Extradition in Indonesia (Legal and Procedure) MINISTRY OF LAW AND HUMAN RIGHTS REPUBLIC OF INDONESIA

Role of Indonesian Prosecutor in combating corruption

ECOSOC Resolution 2005/14

REGIONAL PROGRAMME TO COMBAT CRIMINAL & TERRORIST THREATS AND STRENGTHEN CRIMINAL JUSTICE & HEALTH SYSTEMS IN LINE WITH INTERNATIONAL STANDARDS ON

I. Matters calling for action by the Commission on Narcotic Drugs or brought to its attention

Call for Expression of Interest for Trainer on Migrants Rights (REF: 2017/GB/EOI/TMR)

Constitutional Review Process & Electoral Reform in Liberia Grade Type of contract: Individual Contract (IC) Team Leader Governance Unit

UN WOMEN INDONESIA TERMS OF REFERENCE. National Consultant for Women Peace and Security

International Cooperation in Criminal Matters. Mutual Legal Assistance

SADC EU REGIONAL POLITICAL COOPERATION (RPC) PROGRAMME DIRECTORATE OF THE ORGAN ON POLITICS DEFENCE AND POLITICAL AFFAIRS

TERMS OF REFERENCE FOR INDIVIDUAL CONTRACT

Italian Embassy in Addis Abeba

CONSULTANT PROCUREMENT NOTICE

STANDARD TWINNING LIGHT PROJECT FICHE

NATIONAL STRATEGY FOR COMBATING MONEY LAUNDERING, TERRORISM FINANCING AND PROLIFERATION FINANCING

Supporting Regional Integration with Effective Border Management: Border Liaison Offices. UNODC Regional Programme for Southeast Asia

CONSULTANCY SERVICES FOR SUPPORT TO POLICY, LEGAL AND INSTITUTIONAL DEVELOPMENT FOR GROUNDWATER MANAGEMENT IN THE SADC MEMBER STATES

United Nations Standards and norms. for peacekeepers. in crime prevention and criminal justice

DRAFT MODEL BILATERAL AGREEMENT ON DISPOSAL OF CONFISCATED PROCEEDS OF CRIME

RESEARCH COORDINATOR

Genocide Fugitive Tracking Unit

First Name(S) Previous positions/relevant experience. Name(S) Vietnam

BALI PROCESS STRATEGY FOR COOPERATION: 2014 AND BEYOND

TECHNICAL CONSULTANT FOR THE STRENGTHENING COOPERATION ON TIP ENFORCEMENT IN THE WEST AFRICA REGION AND THE MAURITANIA

S.I. 7 of 2014 PUBLIC PROCUREMENT ACT. (Act No. 33 of 2008) PUBLIC PROCUREMENT REGULATIONS, 2014 ARRANGEMENTS OF REGULATIONS PART 1 - PRELIMINARY

BILATERAL AGREEMENTS ON LEGAL ASSISTANCE IN CRIMINAL MATTERS TO WHICH MEXICO IS SIGNATORY

Terms of Reference SENIOR NATIONAL LEGAL EXPERT CONSULTANT

The role of ASEAN labour attachés in the protection of migrant workers

Trade Facilitation and Single Window in Asia and the Pacific

OECD Strategic Education Governance A perspective for Scotland. Claire Shewbridge 25 October 2017 Edinburgh

ILO-DFID Partnership Programme on Fair Recruitment and Decent Work for Women Migrant Workers in South Asia and the Middle East

United Nations Regional Centre for Peace and Disarmament in Asia and the Pacific

TERMS OF REFERENCE. Independent Evaluation of the Implementation and Effectiveness of the SADC Regional Poverty Observatory

Mutual legal assistance to strengthen Indonesia-ASEAN forest governance

Judicial Cooperation in Criminal Matters in Europe

VACANCY ANNOUNCEMENT

AGREEMENT BETWEEN THE GOVERNMENT OF JAPAN AND THE GOVERNMENT OF SPAIN REGARDING COOPERATION AND MUTUAL ASSISTANCE IN CUSTOMS MATTERS

ORGANISED CRIME INVESTIGATIONS: POLICE STATION LEVEL. Doraval Govender

2017 ASEAN COMPREHENSIVE PLAN OF ACTION ON COUNTER TERRORISM

S/2003/487. Security Council. United Nations

Italian Embassy in Cairo PROFESSIONAL VACANCY ANNOUNCEMENT N. 014/EG/2015. ARCHVIST/CLERK

REGIONAL PROTOCOLS ZAMBIA HAS SIGNED

Item 4 of the Provisional Agenda

WHY SHOULD I STUDY ENGLISH?

Open to Internal and External Candidates

REQUEST FOR PROPOSAL: No. 2017/HCR/HKG/RFP/10048 FOR THE ESTABLISHMENT OF A FRAME AGREEMENT FOR THE PROVISION OF

TRANSNATIONAL ORGANIZED CRIME

Concept note. The workshop will take place at United Nations Conference Centre in Bangkok, Thailand, from 31 January to 3 February 2017.

Terms of Reference For hiring Training Service Provider

The University of Hong Kong (HKU)

Kingdom of Saudi Arabia's Efforts for Recovery of Assets

VACANCY ANNOUNCEMENT PROJECT COORDINATON SPECIALIST

Real time Monitoring Specialist

The Legal Framework for Extradition, MLA and Recovery of Proceeds of Corruption

Brussels VIENNA. Cairo. Dakar. Abuja. Pretoria - COUNTRY OFFICE

Economic and Social Council

INTERNATIONAL COOPERATION: MUTUAL LEGAL ASSISTANCE AND EXTRADITION

Chairman s Statement of the East Asia Summit (EAS) Ha Noi, Viet Nam, 30 October 2010

Scope of the obligation to provide extradition

Deployment of women migrant workers from selected ASEAN Member States,

CALL FOR PROPOSALS. Selection of qualified Responsible Party for the Programme

Organization of American States OAS Inter-American Drug Abuse Control Commission CICAD. Multilateral Evaluation Mechanism MEM.

On Combating Organized Crime. Law of the Republic of Belarus. No Z of 27 June, 2007 CHAPTER I GENERAL PROVISIONS

Term of Reference Baseline Survey for Improved Labour Migration Governance to Protect Migrant Workers and Combat Irregular Migration Project

Chairman s Statement of the 4 th East Asia Summit Cha-am Hua Hin, Thailand, 25 October 2009

MEMORANDUM OF UNDERSTANDING

TERMS OF REFERENCE (Institutional contract) End-User (real time) Supply Monitoring in Mahama Refugee Camp Rwanda

Anti-Corruption Action Plan for Asia and the Pacific. Implementation Strategy

BILATERAL EXTRADITION TREATIES JORDAN EXTRADITION TREATY WITH JORDAN TREATY DOC U.S.T. LEXIS 215. March 28, 1995, Date-Signed

Annex I Terms of Reference

Statement submitted by the Government of the United States of America *

Conference of the Parties to the United Nations Convention against Transnational Organized Crime

Italian Embassy in Addis Abeba

ASEAN PLAN OF ACTION IN COMBATING TRANSNATIONAL CRIME ( )

Terms of Reference for Consultants. Comparative Study on International Best Practices on Gender Policies in Political Parties

TRANSMITTING EXTRADITION TREATY BETWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC OF PERU, SIGNED AT LIMA ON JULY 26, 2001

REGIONAL EFFORTS AMONG ASEAN COUNTRIES: MALAYSIA S PERSPECTIVES. Malaysia supports the continuous effort by United Nations Department for

S/2002/1045. Security Council. United Nations

Table of Contents 1. Introduction Situation Analysis... 4

February July 2014 (6 months) renewable

Rules of Origin Process (Chile)

ASEAN PATENT EXAMINATION CO-OPERATION (ASPEC) DOCUMENT SUBMISSION GUIDELINE

Extradition Treaty between the United States of America and the Argentine Republic

Duty Station: Project: Chisinau, Moldova Promoting and protecting women migrant workers rights (WMW), UN Women

Dear Delegates, It is a pleasure to welcome you to the 2016 Montessori Model United Nations Conference.

Anti-Corruption and Transparency Reporting Template - Indonesia

Terms of Reference 1. INTRODUCTION

TRANSNATIONAL ORGANIZED CRIME

Guide to Asset Recovery in the Hong Kong Special Administrative Region

Malta Action Plan on Combating Trafficking in Persons. January December 2016

TERMS OF REFERENCE VACANCY ANNOUNCEMENT VN NUMBER: DRS/2018/028

Cooperation on International Migration

Transcription:

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:

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.

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

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

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