TERMS OF REFERENCE CONTRACT NO: 2017/ , PREVENTION AND FIGHT AGAINST CORRUPTION

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1 TERMS OF REFERENCE CONTRACT NO: 2017/ , PREVENTION AND FIGHT AGAINST CORRUPTION OBJECTIVE(S): 1) STRENGTHENED CAPACITIES FOR REPRESSION OF CORRUPTION BY IMPROVING QUALITY OF INVESTIGATION, PROSECUTION AND TRIAL OF CORRUPTION- RELATED CASES IN LINE WITH THE STRATEGY AND ACTION PLAN AND THE RECOMMENDATIONS OF THE ACTION PLAN FOR CHAPTER 23, AS WELL AS WITH THE FINANCIAL INVESTIGATION STRATEGY AND THE NEWLY ADOPTED "LAW ON ORGANISATION AND JURISDICTION OF GOVERNMENT AUTHORITIES IN SUPPRESSION OF ORGANIZED CRIME, TERRORISM AND CORRUPTION" 3.1 SUPPORT TO THE STRENGTHENING CAPACITIES OF INTERNAL CONTROL UNITS IN STATE (CENTRAL AND LOCAL) BODIES FOR THE EFFICIENT DETECTION AND REPRESSION OF CORRUPTION, THROUGH COMPREHENSIVE ANALYSIS OF THE CAPACITIES GAPS IN THE INTERNAL CONTROL UNITS OF THE RELEVANT STATE BODIES AND PREPARATION OF ITS RECOMMENDATIONS 3.2 CONDUCT THE HUMAN RESOURCES ASSESSMENT WITHIN ALL ANTI- CORRUPTION INVOLVED INVESTIGATIONS UNITS (PUBLIC PROSECUTION SPECIALIZED IN PROSECUTION OF CORRUPTION, ANTI-CORRUPTION AND ANTI- MONEY LAUNDERING DEPARTMENTS, POLICE SPECIALIZED DEPARTMENTS, FINANCIAL INTELLIGENCE UNIT, ETC.) 3.3.BASED ON THE RESULTS OF THE PREVIOUS ANALYSIS, STRENGTHEN THE CAPACITIES OF THE RELEVANT INSTITUTIONS (THE POLICE, PROSECUTOR'S OFFICES, COURTS AND OTHER REPORTING ENTITIES AND SUPERVISORY AUTHORITIES) BY CONDUCTING COMMON (IN ORDER TO INCREASE COOPERATION AND COORDINATION), MULTIDISCIPLINARY AND SPECIALIZED TRAININGS FOR THE EFFICIENT DETECTION, INVESTIGATION PROSECUTION AND ADJUDICATION OF CORRUPTION AND ECONOMIC CRIME RELATED OFFENCES. ACTIVITY TITLE: 3.4 PROVIDE TRAININGS FOR INVESTIGATORS, PROSECUTORS, JUDGES AND LAWYERS ON ADVANCED CRIME INVESTIGATIVE SKILLS SUCH AS ASSET TRACING, THE USE OF CIRCUMSTANTIAL EVIDENCE (ESPECIALLY IN CASES OF INEXPLICABLE WEALTH OF PUBLIC OFFICIALS/WHITE COLLAR/POLITICIANS) AND FINANCIAL INVESTIGATIONS INITIATED IN PARALLEL WITH CRIMINAL INVESTIGATION. THE NEW "LAW ON SEIZURE OF THE PROCEEDS FROM CRIME" SHOULD BE ATTENTIVELY TAKEN INTO CONSIDERATION CONCERNING ASSET SEIZURE 3.5 IMPROVE THE TASKING AND COORDINATION PROCESS TO ENHANCE THE LEVEL OF COOPERATION BETWEEN RELEVANT AUTHORITIES (E.G. CUSTOM AND TAX AUTHORITIES, ADMINISTRATION FOR THE PREVENTION OF MONEY LAUNDERING, LAND AND IMMOVEABLE PROPERTY REGISTRY, ETC) AND DEVELOP THEIR ABILITY TO CONDUCT HIGH QUALITY JOINT INVESTIGATIONS 3.6 PROVIDE ADVANCED TRAINING ON FINANCIAL INTELLIGENCE GATHERING, DETECTION OF CORRUPTION THROUGH ANALYSIS TOOLS AND DISSEMINATION OF DIFFERENT INFORMATION IN ORDER TO ENHANCE THE ANALYTICAL CAPABILITY WITHIN ALL ANTI-CORRUPTION INVOLVED INVESTIGATIONS UNITS AND PROSECUTORS 3.7 CONDUCT ANALYSIS AND PROVIDE RECOMMENDATIONS FOR IMPROVING COMMUNICATION AND DATA EXCHANGE, AS WELL AS THE PROMOTION OF INTER-

2 INSTITUTIONAL COOPERATION AMONG ALL ANTI-CORRUPTION INVOLVED INVESTIGATION UNITS, OTHER CRIMINAL AND FINANCIAL INTELLIGENCE UNITS AND WHERE RELEVANT, WITH BODIES ABROAD (INTERPOL, EUROPOL) 3.8 SUPPORT THE IMPLEMENTATION OF TRAINING PROGRAMMES FOR JUDICIARY BASED ON THE REVIEW OF THE ECONOMIC CRIME SECTION OF THE CRIMINAL CODE 3.9 SUPPORT THE DEVELOPMENT OF CAPACITIES TO SANCTION CORRUPTION IN PUBLIC PROCUREMENT, PRIVATIZATION DEALS AND MORE BROADLY TO ADDRESS PRIVATE SECTOR CORRUPTION AND IMPROVE THE TRANSPARENCY AND ACCOUNTABILITY OF STATE-OWNED AND STATE CONTROLLED COMPANIES 3.10 SUPPORT THE IMPLEMENTATION OF CAPACITY BUILDING MEASURES WHICH ENABLE EFFECTIVE SEIZURE, CONFISCATION AND MANAGEMENT OF THE PRECEDES OF CRIME IN LINE WITH THE RECENTLY ADOPTED LAW 3.11 SUPPORT CAPACITY BUILDING IN INVESTIGATION AND PROSECUTIONS OF LEGAL ENTITIES IN LINE WITH THE "LAW ON LIABILITY OF LEGAL ENTITIES FOR CRIMINAL OFFENCES IN THE REPUBLIC OF SERBIA" 3.12 SUPPORT DEVELOPMENT OF AN IMPACT ASSESSMENT IN 2018 OF THE RESULTS GENERATED BY THE 2013 STRATEGY AND ITS REVISED ACTION PLAN AGAINST THE OVERALL CORRUPTION SITUATION IN SERBIA, AND NEEDED MEASURES TO COVER THE REMAINING PERIOD UP UNTIL ACCESSION 3.13 BUILDING CAPACITY OF TAX ADMINISTRATION TO IDENTIFY TAX EVASION/ ILLICIT INCOME AND SUPPORTING ACCOUNTANT POSITION WITHIN PROSECUTOR'S OFFICE EXPERT CATEGORY: POSITION: ACTIVITY NO: JUNIOR NON-KEY EXPERT DETECTION AND REPRESSION OF CORRUPTION N/A DAYS ALLOCATED: 200 WORKING DAYS IN TOTAL LOCATION: SERBIA START/END OF THE TASKS SEPTEMBER 2017 TO JANUARY 2020 I. PROJECT BACKGROUND INFORMATION 1.1 Beneficiary country Republic of Serbia 1.2 Contracting authority European Union Delegation in the Republic of Serbia. 1.3 Relevant Project Background Overall Objective Improve overall efficiency in fight against corruption and reduce all forms of corruption Project Purpose To strengthen national mechanisms for prevention and fight against corruption in accordance with the National Anti-Corruption Strategy and Action Plan for the Action Plan for Chapter 23.

3 I. SCOPE AND CONTENT OF THE ASSIGNMENT Performed under the overall supervision of the Key Expert 2 and Team Leader (indirect), in close cooperation with other Technical Assistant Team staff, the contribution of the requested Junior Non Key Expert (JNKE) Detection and Repression of Corruption Expert will address the following activity within the implementation phase: Tasks Deliverables 1. General tasks of the JNKE She/he will maintain project components 3 file archives; In coordination with Key Expert 2 (KE2) she/he will organise/schedule meetings with the Project Beneficiaries and other Stakeholders; She/he will attend meetings and keep meeting notes; She/he will be responsible to collect all relevant documents and information about the repression of corruption initiatives on-going in the Republic of Serbia (RS) during the duration of the Project; She/he will be responsible for the coordination of the other SNKEs and JNKEs missions/work engaged in the implementation of the Project activities under component 3; She/he will be responsible for preparation of the draft Terms of Reference (ToR) for the SNKE and JNKE engaged in Component 3 activities; She/he will be responsible for preparation of the draft of all administrative documents / requests regarding the effective and efficient implementation of the project activities in accordance with the PRAG rules; Project component 3 file archives established Meeting agenda prepared Meeting notes prepared Repression of Corruption ongoing activities in RS monitored and preparation of status reports Time schedule of the SNKE & JNKE engaged in the implementation of the planned activities Prepare administrative documents/requests She/he will be responsible for other tasks according to KE2 guidance and requests in accordance with the Project ToR requirements; 2 SUPPORT TO THE STRENGTHENING CAPACITIES OF INTERNAL CONTROL UNITS IN STATE (CENTRAL AND LOCAL) BODIES FOR THE EFFICIENT DETECTION AND REPRESSION OF CORRUPTION, THROUGH COMPREHENSIVE ANALYSIS OF THE CAPACITY GAPS IN THE INTERNAL CONTROL UNITS OF THE RELEVANT STATE BODIES AND PREPARATION OF ITS RECOMMENDATIONS. 3 CONDUCT THE HUMAN RESOURCES ASSESSMENT WITHIN ALL ANTI-CORRUPTION INVOLVED INVESTIGATIONS UNITS (PUBLIC PROSECUTION SPECIALIZED IN PROSECUTION OF CORRUPTION, ANTI-CORRUPTION AND ANTI-MONEY LAUNDERING DEPARTMENTS, POLICE SPECIALIZED DEPARTMENTS, FINANCIAL INTELLIGENCE UNIT, ETC.). Collect all relevant documents (reports, analysis already conducted, and other documents) regarding the status of the implementation of the NACS-AP and AP for chapter 23 (Chapter 2 Anti-Corruption); Maintain document files Prepare and archive status of affairs reports Prepare meeting agendas

4 Prepare an overall situation report on state of affairs; Prepare and maintain meeting notes Coordinate work (meetings, etc.) on preparation of the analysis with KE2 and/or SNKE engaged; Organize consultation meetings (when needed) with the Beneficiaries on preparation of GAP Analysis and Human Resources assessment; 4 Preparation of the detailed plans of the implementation of the recommendations identified in the gap analysis and Human Resource assessment. Be responsible to prepare initial draft of the activities plan according to the recommendations concluded from GAP analyse and Human Resource assessment; Coordinate and organize all meetings / round table discussions needed regarding the discussion/agreement on this part of component 3 plans; Initial preparation of the component 3 plans Maintain meeting time schedule 5 BASED ON THE RESULTS OF THE PREVIOUS ANALYSIS, STRENGTHEN THE CAPACITIES OF THE RELEVANT INSTITUTIONS (THE POLICE, PROSECUTOR'S OFFICES, COURTS AND OTHER REPORTING ENTITIES AND SUPERVISORY AUTHORITIES) BY CONDUCTING STANDARDIZED TRAINING TO INCREASE COOPERATION AND COORDINATION), MULTIDISCIPLINARY AND SPECIALIZED TRAININGS FOR THE EFFICIENT DETECTION, INVESTIGATION PROSECUTION AND ADJUDICATION OF CORRUPTION AND ECONOMIC CRIME RELATED OFFENCES. 6 PROVIDE TRAINING FOR INVESTIGATORS, PROSECUTORS, JUDGES AND LAWYERS ON ADVANCED CRIME INVESTIGATIVE SKILLS SUCH AS ASSET TRACING, THE USE OF CIRCUMSTANTIAL EVIDENCE (ESPECIALLY IN CASES OF INEXPLICABLE WEALTH OF PUBLIC OFFICIALS/WHITE COLLAR/POLITICIANS) AND FINANCIAL INVESTIGATIONS INITIATED IN PARALLEL WITH CRIMINAL INVESTIGATION. THE NEW "LAW ON SEIZURE OF THE PROCEEDS FROM CRIME" SHOULD BE ATTENTIVELY TAKEN INTO CONSIDERATION CONCERNING ASSET SEIZURE 7 IMPROVE THE TASKING AND COORDINATION PROCESS TO ENHANCE THE LEVEL OF COOPERATION BETWEEN RELEVANT AUTHORITIES (E.G. CUSTOM AND TAX AUTHORITIES, ADMINISTRATION FOR THE PREVENTION OF MONEY LAUNDERING, LAND AND IMMOVEABLE PROPERTY REGISTRY, ETC) AND DEVELOP THEIR ABILITY TO CONDUCT HIGH QUALITY JOINT INVESTIGATIONS 8 PROVIDE ADVANCED TRAINING ON FINANCIAL INTELLIGENCE GATHERING, DETECTION OF CORRUPTION THROUGH ANALYSIS TOOLS AND DISSEMINATION OF DIFFERENT INFORMATION TO ENHANCE THE ANALYTICAL CAPABILITY WITHIN ALL ANTI-CORRUPTION INVOLVED INVESTIGATIONS UNITS AND PROSECUTORS Be responsible for regular contact, along with KE2, with the relevant beneficiaries regarding the training needs, training needs analysis and to collect all relevant documents and information on existing curricula in those institutions; Prepare brief overview reports of the existing training and curricula; Responsible for coordination/ organisation and translation duties for all training sessions planned: Maintain files with documents regarding ongoing training events/curricula developed Prepare overviews of the training events/curricula Regarding the training organization: Draft training agenda Prepare and maintain lists of participants Prepare and maintain lists of potential experts

5 Preparation of draft and finalized agendas; finalize participant lists; finalize the lists of lecturers/trainers; prepare training evaluation forms; Oversee and insure the preparation of visibility materials needed for training; Coordinate and insure the completion of all other activities necessary for the organisation of the events. Providing information for all training participants when needed Prepare, collect and grade evaluation forms for all training events Provide translation throughout all training and preparation events 9 CONDUCT ANALYSIS AND PROVIDE RECOMMENDATIONS FOR IMPROVING COMMUNICATION AND DATA EXCHANGE, AS WELL AS THE PROMOTION OF INTER-INSTITUTIONAL COOPERATION AMONG ALL ANTI-CORRUPTION INVOLVED INVESTIGATION UNITS, OTHER CRIMINAL AND FINANCIAL INTELLIGENCE UNITS AND WHERE RELEVANT, WITH BODIES ABROAD (INTERPOL, EUROPOL) Be responsible to prepare initial draft of the activities planned to support 3.7 initiative, including coordination of necessary meetings with agency s IT and management staff Coordinate and organize round-table discussions needed regarding the discussion/agreement on this part of component 3 plans; Preparation of correspondence regarding the organisation of this part of component 3 Draft agenda Maintain lists of participants Maintain lists of experts (national & international) Preparation of guiding information for the participants where necessary 10 SUPPORT THE IMPLEMENTATION OF TRAINING PROGRAMMES FOR JUDICIARY BASED ON THE REVIEW OF THE ECONOMIC CRIME SECTION OF THE CRIMINAL CODE. Provide administrative and logistical support for the preparation and implementation of an initial 10 training events for the judiciary in 4 regional judicial training centers; Responsible for regular contact with the relevant beneficiaries regarding training needs and to collect all relevant documents and info on existing curricula in those institutions; Prepare short overviews of existing training and curricula. Responsible for coordination/ organisation of planned training: prepare training preparation check list; insure that the venue of the event is booked; in cooperation of the TAT collect and evaluate the offers of the outsourced agency, hotels and travel agencies that will be engaged for events; coordinate activities with contracting outsourced agency, hotel and travel agencies for the particular event; coordinate the itineraries and logistic support to the participants out of the place of the event (transport arrangement, accommodation, transfers, etc.); Maintain files and documents regarding the on-going trainings/curricula Preparation and translation of training/curricula materials. Regarding the training organisation: Prepare correspondence regarding the organisation of the training Draft agenda List of participants List of experts Preparation of guidance information for the participants where necessary Evaluation forms

6 Prepare the draft agenda; Prepare participant lists; Prepare lists of lecturers/trainers; prepare training evaluation forms; insure the availability of visibility material needed for training; insure the completion of all other activities necessary for organisation of the event. 11 SUPPORT THE DEVELOPMENT OF CAPACITIES TO SANCTION CORRUPTION IN PUBLIC PROCUREMENT, PRIVATIZATION DEALS AND MORE BROADLY TO ADDRESS PRIVATE SECTOR CORRUPTION AND IMPROVE THE TRANSPARENCY AND ACCOUNTABILITY OF STATE-OWNED AND STATE CONTROLLED COMPANIES 12 SUPPORT THE IMPLEMENTATION OF CAPACITY BUILDING MEASURES WHICH ENABLE EFFECTIVE SEIZURE, CONFISCATION AND MANAGEMENT OF THE PROCEEDS OF CRIME IN LINE WITH THE RECENTLY ADOPTED LAW 13 SUPPORT CAPACITY BUILDING IN INVESTIGATION AND PROSECUTIONS OF LEGAL ENTITIES IN LINE WITH THE "LAW ON LIABILITY OF LEGAL ENTITIES FOR CRIMINAL OFFENCES IN THE REPUBLIC OF SERBIA" Coordinate all component 3 tasks regarding these activities, including preparation of analysis with KE2 and/or SNKE/JNKE; Organize consultation meetings. Be responsible for regular contact with the relevant beneficiaries regarding ongoing activities; Maintain activity files and documents Coordination of administration and logistical issues 14 SUPPORT DEVELOPMENT OF AN IMPACT ASSESSMENT IN 2018 OF THE RESULTS GENERATED BY THE 2013 STRATEGY AND ITS REVISED ACTION PLAN AGAINST THE OVERALL CORRUPTION SITUATION IN SERBIA, AND NEEDED MEASURES TO COVER THE REMAINING PERIOD UP UNTIL ACCESSION Responsible for collection of existing assessment results in Republic of Serbia Collect assessment methodologies on similar/related assessment conducted to date regarding the prevention and repression of corruption in Serbia Prepare a draft methodology/format/questionnaire for the impact assessment and obtain agreement from the main beneficiary (MoJ) of the project in close cooperation with KE2; Review of existing assessments Draft of methodology/questionnaire format Coordinate all meetings/workshops Participation and translation 15 BUILDING CAPACITY OF TAX ADMINISTRATION TO IDENTIFY TAX EVASION/ ILLICIT INCOME AND SUPPORTING FORENSIC ACCOUNTANT POSITION WITHIN PROSECUTOR'S OFFICE Preparation of all training research materials regarding Serbia s grey market economy; Be responsible for dally contact with the relevant beneficiaries regarding training needs; Regarding the training organisation: Correspondence regarding the organisation of the training. Draft agenda. List of participants. List of experts.

7 According to an agreed training plan, confirmed dates of the training and venue she/he will, in cooperation with KE2 and Beneficiary: prepare training preparation check lists; preparation of draft agendas; finalised participant lists; finalised list of lecturers/trainers; prepare training evaluation forms; insure availability of visibility material needed for training; insure all other activities necessary for organisation of the training event. Research and prepare position description information for Forensic Accountant position Prepare and assist in the training for Forensic Accountant position with the Prosecutor s Offices. Guidance material for the participants where necessary. Accommodation arranged, other transfer and issues regarding to mobilisation of the participants. Evaluation forms prepared, completed and evaluated. Forensic Accountant position criteria finalized and shared with beneficiary and qualification training completed. I. QUALIFICATIONS AND SKILLS General professional experience: University degree; At least 4 years of experience in the field of international technical assistance projects (globally and/or in the Republic of Serbia); 3 years of experience with responsibilities involving administrative and logistical support to project implementation in international technical assistance projects in the area of Rule of Law; Specific professional experience: Previous experience in the area of detection and repression of corruption within the Republic of Serbia; Previous experience in the Republic of Serbia involving work activities related to the criminal code, criminal procedure code, corruption, tax and the prevention of money laundering; Experience working with Republic of Serbia public institutions; Experience in the organisation and coordination of technical assistance project activities; Experience in European Union funded projects; Excellent teamwork and communication skills; Fluency in Serbian and English language is required. II. REPORTING Expert will report to the Key Expert 2 and Team Leader, All reports and outputs shall be provided in English.