Consultant for Providing Expert Support to the National Council for the Fight Against High-Level Corruption

Background

The Negotiation Chapter 23 - Judiciary and Fundamental Rights is one of the most challenging and complex chapters, and dynamic and duration of the negotiation process in this area directly affects progress in other aspects of negotiations with the European Union. It is divided into four main and interrelated areas: judiciary, fight against corruption, fundamental rights and the rights of EU citizens, which can be further subdivided into a number of sub-areas.

The Member States must effectively combat corruption, which threatens the stability of democratic institutions and the rule of law. A strong legal framework and credible institutions are needed to support a coherent policy of prevention and deterrence corruption. This area has been a particular focus of the European Union since the opening of negotiations. The acquis in this area consists of UN and the Council of Europe conventions, as well as decisions and recommendations of the European Council. The candidate country must fully align with the acquis in this area, but also show a willingness to achieve visible results in both, prevention and fight against corruption. The most sensitive issues in this area are areas particularly vulnerable to corruption (public procurement, privatization, urbanism, education, health, local government and police), as well as financing of the political parties.

On December 17, 2020 the Government of Montenegro has adopted the Decision on Establishment of the National Council for the Fight against High-Level Corruption. The tasks of the Council are to:

• determine the plan and dynamics of collecting information related to high-level anti-corruption cases and for that purpose cooperates with the bodies responsible for managing these cases;
• compile an overview of the current course of ongoing investigations of high-level anti-corruption cases, based on the information obtained in relation to those cases;
• prepare an opinion on the effective way in which the investigation of high-level anti-corruption cases could be improved and, to this end, propose concrete measures to improve the situation;
• monitor and synchronize the activities of state bodies in the implementation of the fight against high-level corruption;
• communicate with international institutions, international organizations and representatives of the diplomatic corps in order to gather all necessary information for the smooth functioning of the Council;
• request information, explanations and reports from state bodies on issues related to the prevention and suppression of high-level corruption;
• identify priorities and proposes activities in the implementation of projects related to the fight against high-level corruption;
• performs other tasks in accordance with the law.

The project “Strengthening capacities for the acceleration of EU accession of Montenegro” is funded by the Norwegian Ministry of Foreign Affairs and implemented by UNDP in partnership with the European Integration Office and General Secretariat of the Government. The general objective of this action is to assist, advise and support EU accession negotiations through strengthening the capacities of the Government in responding to the demands of the new phases of accession.

Duties and Responsibilities

Objectives of the assignment: The objective of the assignment is to provide expert support to the work of the National Council for the Fight against High-Level Corruption (hereinafter: Council), and hence support Government’s efforts in effectively combating corruption and making progress in EU Accession Negotiation within the Negotiation Chapter 23 - Judiciary and Fundamental Rights.Job content:

Under the supervision of the UNDP Programme Manager, the consultant will perform the following tasks:

• Analysing the Decision on the National Council for the Fight against High-Level Corruption, relevant legal framework and other documents which are relevant for the scope of the work of the Council and identifying potential gaps that need to be clarified through the guidelines.
• Consulting with the members of the National Council for the Fight against High-Level Corruption, and mapping their needs with regard to their tasks, data they need to collect and institutions that provide the data;
• Developing the Inception report based on the analyses and consultations, which will include the outline of the Guidebook for Procedures of the work of the Council, and incorporating the comments and suggestions from the members of the National Council.
• Developing a draft Guidebook for Procedures of the work of the Council, including for the expert teams within the Council, in order to avoid the possibility of stepping out of the scope of the Council’s legal authority. The guidelines should include the draft Memorandum of Understanding for cooperation with Revenue and Customs Administration, ministries and other relevant institutions;
• Organize a peer review consultation for the Guidebook with prosecutors, law enforcement, financial regulators (Central Bank, Financial Intelligence Unit), representatives of international organizations and diplomatic corps, private sector compliance and anti-money laundering officers, and public procurement officials;
• Incorporating comments and suggestions and organising the focus group/consultation with relevant stakeholders in order to finalize the Guidebook for Procedures of the work of the Council;
• Preparing the Final report on undertaken activities to the UNDP Programme Manager. It should contain sufficient details and information that would allow for the appraisal of the effectiveness to date of the assignment’s activities.

The expected results: Under the supervision of the UNDP Programme Manager, the consultant is expected to deliver the following results:

• The Inception report based on the analysis and consultations, which will include the outline of the Guidebook for Procedures of the work of the Council;
• The Guidebook for Procedures of the work of the Council, including for the expert teams within the Council;
• The Final report on undertaken activities including recommendations for potential donor support.

Timing and reporting: The local consultant will be engaged under individual contract, for total of 40 consultancy days, during the period 28 June – 30 September 2021. The local consultant will be responsible to prepare and the final report to the UNDP Programme Manager, and it should contain sufficient detail and information that would allow for the appraisal of the effectiveness to date of the assignment’s activities.

Time duration and travel: The local consultant will be engaged under individual contract, for total of 40 consultancy days, during the period 28 June – 30 September 2021. No travel is envisaged.

Competencies

• Demonstrates integrity by modelling the UN’s values and ethical standards;
• Promotes the vision, mission and strategic goals of UN/UNDP;
• Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability;
• Ability to lead strategic planning, results-based management and reporting;
• Builds strong relationships with clients, focuses on impact and result for the client and responds positively to feedback;
• Consistently approaches work with energy and a positive, constructive attitude;
• Excellent communication skills, facility in working with teams and capacity to compose clear and readable narrative reports;
• Demonstrates ability to manage complexities and work under pressure, as well as conflict resolution skills;
• Excellent organizational and time management skills;
• Knowledge Management and Learning;
• Shares knowledge and experience;
• Actively works towards continuing personal learning, acts on learning plan and applies newly acquired skills.
• Ability to perform a variety of standard tasks related to Results Management, including collecting of documentation, data entering, preparation of revisions, filling, provision of information;
• Ability to provide input to business processes re-engineering, implementation of new systems;
• Responds positively to feedback;
• Ability to work independently and in a team. 

Required Skills and Experience

Education:

• University degree in law, advanced degree would be considered an asset;

Experience:

• At least 5 years of experience within the public sector, law enforcement or judiciary, an international organization or private sector financial institution on anti-corruption, anti-fraud, anti-money laundering, public procurement, or regulatory compliance.
• Demonstrated experience in drafting bylaws or regulations;
• Demonstrated experience in drafting analytical reports pertaining to anti-corruption;

Language:

• Proficiency in the English and Montenegrin languages.

Other

• Proven ability to think strategically, to work both independently and in teams;
• Excellent analytical skills, ability to analyse complex legal materials and make relevant recommendations;
• Experienced in analytical writing;
• Excellent interpersonal and communication skills; organizational skills; attention to detail;
• Excellent computer skills;

Criteria for selection:

Combined Scoring method will be used. 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: (i) responsive, compliant, acceptable, and (ii) 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% (Background and education 10%; Relevant previous experience 20%; Substantial knowledge/Required competencies 30%; Required language 10%);
• Financial criteria weight - 30%.

Only offerors obtaining a minimum 490 points for technical criteria will be considered for the financial evaluation. For more information on procurement methodology for Individual Contractors, please refer to Procurement Notice.

Application procedure:

Interested applicants are requested to submit their applications by June13, 2021 by using the Apply now button. The application should contain CV or P11 that can be downloaded at https://www.me.undp.org/content/montenegro/en/home/jobs.html. Please note that UNDP jobsite system allows only one uploading of application document, so please make sure that you merge all your documents into a single file.

Only the short-listed applicants will be contacted and requested to submit a letter of interest including a price quotation indicating the lump sum (in EUR) requested for the work envisaged in the section "Description of Responsibilities".