National Expert to Develop Amendments to Legislation on the Return of Illegally withdrawn Assets

Background:

This position is open for citizens/permanent residents of Kazakhstan only. 

The OSCE Programme Office in Astana (hereafter referred to as the Office) is entrusted with the mandate to assist Kazakhstan in combating money laundering and terrorist financing. The activities initiated by Kazakhstan in recent years to recover assets illegally withdrawn from the country deserve special attention and support due to the significant volume of assets and their importance to the economy.

On July 12, 2023, the Law of the Republic of Kazakhstan "On the return of illegally acquired assets to the state" and the Law of the Republic of Kazakhstan "On amendments and additions to certain legislative acts of the Republic of Kazakhstan on the return of illegally acquired assets to the state" were adopted. To date, in the course of the implementation of these laws, there has been a need to fill some gaps and eliminate conflicts.

The Assets Recovery Committee (hereafter referred to as the Committee) deems it advisable to define the asset recovery process in detail in the concept of the law. In particular, to describe in more detail the process of voluntary asset recovery, to add an additional ground for asset recovery, to regulate the management of seized assets, as well as to fill some gaps and conflicts in the current version of the law and by-laws. The Committee proposes to make amendments and additions to the Criminal Code, Criminal Procedure Code, Criminal Enforcement Code, Laws on Enforcement Proceedings, and on Expertise in order to introduce or improve:

·       Parallel/additional financial investigations;

·       Conclusion of procedural agreements on plea-bargaining and the return of illegally acquired assets to the state;

·       Revision of the criminal offense for illicit enrichment;

·       Investigation of criminal offenses under Article 218 of the Criminal Code without the need for prior or simultaneous criminal prosecution of persons who committed the predicate offense;

·       For the commission of criminal offenses for corruption and economic crimes, introduction of the institution of extended confiscation (today in Kazakhstan confiscation is targeted);

·       Procedures for determining the shares of co-owners of illegal or questionable property that are transferred to the state as part of the asset recovery process;

·       The possibility of appointing the necessary expertise at the request of the authorized asset recovery authority.

To support the Committee in developing and implementing legislative amendments in the area of asset recovery in existing acts and codes. To achieve that goal, the Office will contribute to this work by mobilizing expertise. Specifically, the Office will screen the best national experts in providing

advice, expertise, and proposing changes. The expert work is expected to be accompanied by consultations, opinions, and the provision of practical materials.

Objective of Assignment: 
The Office will require the services of a national expert to develop the necessary amendments to national legislation on recovery of illicitly transferred assets.

Duration of Assignment:
120 days

Tasks and Responsibilities:
Under the overall supervision of the Senior EED Officer, the successful candidate will be tasked with the following duties:

1. Conduct a series of meetings with representatives of relevant government agencies - Asset Recovery Committee, Financial Monitoring Agency, Anti-Corruption Agency, General Prosecutor's Office, Ministry of Finance, etc. Also meet with the relevant committee in the Parliament of the Republic of Kazakhstan. Meetings are required to clarify the needs for the development of amendments.
2. Develop appropriate recommendations into the following regulations: Criminal Code, Criminal Procedure Code, Criminal Enforcement Code, Laws on Enforcement Proceedings, and on Expertise
3. Submit the developed amendments and recommendations to the Asset Recovery Committee and, if necessary (as well as at the Committee's request), and make necessary amendments and clarifications to the developed documents, in case of a need.

Deliverables:

 Task 1

·     Questionnaire for state agencies;

·     Gathering data based on questionnaires;

·     Gathered data analysis;

·     Report on conducted meetings (with which entity and overall results of the meeting)

Task 2

A working draft of a set of amendments and recommendations to all codes and bylaws relevant to asset recovery and covering all areas of improvements listed in this ToR.

Task 3

·     Final document is developed;

 Possible comments are addressed and if needed provide relevant changes in draft legislation.

Necessary Qualifications:

• University degree in economics, law, financial investigations, or a related field;
• Minimum 10 years of professional experience in the field of AML/CFT and good governance;
• Professional experience working with the state entities in the area of AML/CFT;
• Robust knowledge of current tendencies in the field of asset recovery from foreign jurisdictions;
• Experience in drafting and implementing legislative amendments is welcomed;
• Fluency in the English and Russian languages, both oral and written
• Demonstrated gender awareness and sensitivity, and an ability to integrate a gender perspective into tasks and activities;
• Ability and willingness to work as a member of team, with people of different cultural, and religious backgrounds, different gender, and diverse political views, while maintaining impartiality and objectivity;
• Computer literate with practical experience using Microsoft applications.

Remuneration Package:

Remuneration will be based on the selected consultant's/expert's qualifications, experience, the tasks and deliverables for this position and in accordance with the OSCE established rates. Payment will be transferred in local currency (tenge) to the bank account of the consultant.

If you wish to apply for this position, please use the OSCE's online application link found under https://vacancies.osce.org/.

The OSCE retains the discretion to re-advertise/re-post the vacancy, to cancel the recruitment or to offer an appointment with a modified job description or for a different duration.

Only those candidates who are selected to participate in the subsequent stages of recruitment will be contacted.

The OSCE is committed to diversity and inclusion within its workforce, and encourages qualified female and male candidates from all religious, ethnic and social backgrounds to apply to become a part of the Organization. 

Candidates should be aware that OSCE officials shall conduct themselves at all times in a manner befitting the status of an international civil servant. This includes avoiding any action which may adversely reflect on the integrity, independence and impartiality of their position and function as officials of the OSCE. The OSCE is committed to applying the highest ethical standards in carrying out its mandate. For more information on the values set out in OSCE Competency Model, please see https://jobs.osce.org/resources/document/our-competency-model.

Please be aware that the OSCE does not request payment at any stage of the application and review process.