Job Opening

Posting Title: Consultant (Asset Recovery Researcher in Southeast Asia)
Department/Office: United Nations Office on Drugs and Crime
Duty Station: BANGKOK
Posting Period: 17 November 2021 - 29 November 2021
Job Opening Number: 21-United Nations Office on Drugs and Crime-168624-Consultant
Staffing Exercise N/A
United Nations Core Values: Integrity, Professionalism, Respect for Diversity

Result of Service

Purpose of the assignment:

The overall purpose of the assignment is to produce a study on procedures relating to asset recovery measures with particular reference to articles 53, 54, 55 of the UNCAC in Cambodia, Lao PDR, Malaysia, the Philippines, Thailand. On the bases of the reports of the second cycle of UNCAC review (covering chapter V), the Consultant is expected to conduct a desk review about each country’s institutional procedures and legal frameworks, relating in particular to the adoption of measures for the direct enforcement of foreign confiscation orders (art. 54, para. 1 (a)) the legislation to allow for non-conviction-based confiscation in cases where the accused cannot be prosecuted (art. 54, para. 1 (c)); measures to permit the competent authorities to freeze or seize property on the basis of a foreign request providing sufficient grounds for taking provisional measures, in the absence of an order by a foreign competent authority (art. 54, para. 2 (b)); measures to permit the competent authorities to preserve property for confiscation in order to provide mutual legal assistance (art. 54, para. 2 (c)). The consultant is expected to capitalize on an existing body of information and resources made available by different multilateral platforms, such as Arin-AP(Asset Recovery Interagency Network-Asia Pacific, http://www.arin-ap.org/), an entity established to increase the effectiveness of Asia Pacific countries’ efforts in depriving criminals of their illicit profits on a multi-agency basis.

To gauge progress and challenges in each country, the Consultant is expected to carry out consultations with law enforcement authorities, anti-corruption agencies, and other oversight authorities. In each section, the Consultant should formulate recommendations based on the context of each country and the unique set of challenges identified in consultation with key stakeholders.

Specific outputs to be performed by the consultant:

The consultant will produce a report on progress and challenges, tools and frameworks relating to the issues mentioned above, focusing in particular on procedural and institutional challenges in Cambodia, Lao PDR, Malaysia, the Philippines, Thailand. Two national level studies have already been conducted in Indonesia and Vietnam and the consultant will have to integrate the findings of these studies in the research. The report should contain:

- A review of gaps in the existing legal and institutional frameworks in each country;
- Analysis of operational effectiveness and challenges, considering the perspectives of stakeholders from key agencies in each country;
- Recommendations tailored to address legal and operational challenges, and to improve the effectiveness of asset recovery systems in each country and a table gathering the main information for each country.


Expected tangible and measurable output(s)/deliverable(s):
• Methodological approach for the conduction of the study (1 page)
• Draft country reports (min 6 pages each)
• Finalized report including comparative analysis (min 40 pages – including the country reports)

Deliverable / Output / Working Days / To be accomplished by (date)

Under the guidance of UNODC Anti-Corruption Adviser at the Regional Office for Southeast Asia and the Pacific, the consultant is expected to produce following outputs and deliverables:

A. Methodological approach for the conduction of the study (1 page) (3 Days / 15 January 2022)
B. Draft country reports (min 8 pages each) (30 Days/15 February 2022)
C. Finalized report including recommendations (20 Days /15 March 2022)

Payments will be made upon satisfactory completion and/or submission of outputs/deliverables.

Work Location

Home-Based

Expected duration

January – March 2022 ( 53 working days)

Duties and Responsibilities

The United Nations Office on Drugs and Crime (UNODC) is the global leader in the fight against drugs, organized crime, corruption and terrorism with widely recognized expertise and specialization on issues pertaining to international cooperation in criminal matters. Established in 1997 through a merger between the United Nations Drug Control Programme and the Centre for International Crime Prevention, UNODC operates in all regions of the world through an extensive network of field offices. The work of UNODC is guided by a broad range of international legally binding instruments and a set of United Nations standards and norms on crime prevention and criminal justice.

UNODC, as guardian of the United Nations Convention Against Corruption (UNCAC) and secretariat to the Conference of the States Parties to the Convention, has the mandate to provide support and technical assistance to States parties to effectively implement the Convention. The backbone for UNODC anti-corruption work is the normative framework provided by UNCAC.

Chapter V of the UNCAC contains provisions for asset recovery, several provisions specify how cooperation and assistance for asset recovery will be rendered. In particular, in the case of embezzlement of public funds, the confiscated property would be returned to the state requesting it; in the case of proceeds of any other offence covered by the Convention, the property would be returned providing the proof of ownership or recognition of the damage caused to a requesting state; in all other cases, priority consideration would be given to the return of confiscated property to the requesting state, to the return of such property to the prior legitimate owners or to compensation of the victims. Despite a growing number of Member States employing asset recovery provisions, a substantial gap remains between the sums of money lost to corruption globally and the amounts that legal authorities recover. The UNCAC Review Mechanism suggests that legal frameworks in many countries need to be reformed, to enhance cooperation among authorities in multiple jurisdictions on asset tracing and freezing, and to apply a range of confiscation techniques effectively, including non-conviction based forfeiture, civil action and criminal confiscation.

Qualifications/special skills

Academic Qualifications: An advanced university degree (Master’s degree or equivalent) in Law, public administration or related field is required. A first level university degree in similar fields in combination with two additional years of qualifying experience may be accepted in lieu of the advanced university degree.

Experience: Minimum of 10 years of professional experience in anti-money laundering or anti-corruption or criminal justice is required. Experience working in a law enforcement sector is highly desirable, particularly in the context of Southeast Asia.

Language: English and French are the working languages of the United Nations Secretariat. For this post, fluency in oral and written English is required. Knowledge of languages from Southeast Asia is an advantage.

No Fee

THE UNITED NATIONS DOES NOT CHARGE A FEE AT ANY STAGE OF THE RECRUITMENT PROCESS (APPLICATION, INTERVIEW MEETING, PROCESSING, OR TRAINING). THE UNITED NATIONS DOES NOT CONCERN ITSELF WITH INFORMATION ON APPLICANTS’ BANK ACCOUNTS.

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