FOR THE CONSULTANCY CONTRACT OF SENIOR EXPERT – CUSTOMS SIMPLIFIED PROCEDURES
Based at EUBAM HQ, Odessa, Ukraine; Operational focus at Moldova Customs Service, Chisinau, Moldova and State Fiscal Service, Kiev, Ukraine
Classification: IOM Consultancy Contract
Fee: EUR 450 per billable day
Type of Appointment: Consultant, Forty-five (45) billable days
Direct Supervisor: Head of Border Management Department/Officer in Charge of EUBAM (HoBMD)
Estimated Start Date: As soon as possible
Nature of the consultancy: Advisory services and support on strategic and operational issues related to Customs Simplified Procedures to officials of the Government of the Republic of Moldova and Ukraine.
The EU Border Assistance Mission (EUBAM) to Moldova and Ukraine was established, based on a tripartite Memorandum of Understanding signed on 7 October 2005 by the European Commission, the Republic of Moldova and Ukraine, with IOM as the EU’s implementing partner. The mandate of EUBAM runs through until 30 November 2015.
The Mission is a technical assistance and advisory body assisting partner agencies in the Republic of Moldova and in Ukraine to enhance cross border and customs management capabilities, to approximate the standards of cross border agencies to those of the EU, and to enhance implementation of the rule of law whilst facilitating legitimate cross border trade in goods and the unhindered movement of legitimate cross border travellers.
In 2015, the senior short term expert analysed and assessed simplified procedures and their impact in standardized usage of transit, import, export and other customs procedures. Two separate reports with recommendations, one for Moldova and another one for Ukraine, were drafted and submitted to the Ukrainian and Moldovan Customs authorities.
In 2016, EUBAM performed an Evaluation of Customs Practices, which resulted in compiling a comprehensive list of recommendations that included proposals for the simplified procedures. Although the application of simplified procedures were included in the draft legislation of Ukraine and a number of elements issued in the legislation (Moldova), both countries should now elaborate procedural guidelines and introduce customs simplified procedures into practical usage.
Main objectives of the assignment/scope of work:
In working with representatives of the Moldovan Customs Service (MDCS) and Ukraine State Fiscal Service (UASFS) the consultant will assess the state of progress since their introduction into legislation in 2015 in both countries, identify obstacles propose practical solutions and actively assist in the unified implementation of simplified procedures rules and processes in order to hasten their early implementation and usage according to the Association Agreement between the European Union and its Member States, with specific reference to the Republic of Moldova, (Articles 193d and 193k), and Ukraine, (Articles 76d and 76k), WTO Trade Facilitation Agreement, other international standards, and national legislation of both Partner Countries – Moldova and Ukraine.
The consultant will draft two separate reports – one for Moldova and one for Ukraine containing an assessment of the usage of customs simplified procedures, development since 2015, and possible recommendations on alignment of procedures/processes with above mentioned international standards.
Tasks to be performed under this contract:**
Undertake a strategic review of the current processes related to customs simplified procedures including; application process, control/audit of applicants, issuance phase and appeal procedure;
Review existing Customs legislative environment related to simplified procedures in both Moldova and Ukraine and identify legislative deficiencies, inconsistencies or provisions in need of strengthening or clarification. Compare legislation and processes with the EU legislation and identify variations;
Review extent, use and relevance of existing processes related to customs simplified procedures within UASFS and MDCS and identify key priority areas for change in line with existing business process reform processes already taking place. Qualify the strengths and weaknesses of existing processes.
Provide practical advice on the implementation and usage of the customs simplified procedures placing a strong emphasis on simplified procedures in transit, free circulation and other customs procedures; the impact of simplified procedures on peculiarities/components of customs clearance such as customs debt management, risk analysis, documentary and physical controls, AEO, reconciliation of simplified and supplementary declarations, post clearance audit should be taken into the consideration;
Where necessary, identify specific technical and legislative solutions considered necessary to meet current and planned international obligations – such as DCFTA and WTO Trade Facilitation Agreement and taking into account the needs of business in Moldova and Ukraine.
Tangible and measurable output of the work assignment:
Prepare/deliver Inception Report to be completed within the first 10 working days of the assignment setting out a work plan, prospective schedule of activities including proposed travel plans and initial meetings as well as expected results.
Provision of practical advice and guidance to MDCS and UASFS on simplified procedures and respective processes in accordance with EU norms and requirements of the DCFTAs (both EU – MD; EU – UA) and in compliance with international best practice.
Delivery of the agreed two separate final reports – one for Moldova and one for Ukraine , containing full content of the expertise results – findings, recommendations and way forward suggested by the expert. This final output is to be approved by HoBMD and presented prior to conclusion of the contract term.
Delivery of two PowerPoint presentations, one for MDCS and one for UASFS, outlining key elements of the main findings, recommendations and proposals.
Realistic delivery dates and details as to how the work must be delivered.
The assignment shall commence no later than 1 May 2017 and conclude prior to 30 October 2017 utilising a maximum period of forty-five (45) billable days.
Monitoring and reporting requirements:
The consultant will report to the HoBMD who is responsible for appraisal of performance and quality of work deliverables. The reporting will take place through written and oral briefings.
The working language of the assignment shall be English and all reports and formal communications relating to the assignment shall be in the English language. If required by the MDCS and UASFS for organizational convenience translation from English to Russian or Romanian language, will be coordinated by EUBAM.
All presentations, reports or formal correspondence shall follow appropriate EUBAM communications templates and in the first instance shall be submitted through the HoBMD, who may decide to subject such presentations or draft reports to peer review by other EUBAM experts, prior to release of such products to originally intended audience. The HoBMD is responsible for approving the format, content and quality of such reports on behalf of EUBAM, prior to the release of such presentations and reports to the Moldova Customs Service.
Following approval of presentations and reports by EUBAM, the release of reports to MDCS and UASFS shall carry with it the transfer of full ownership and intellectual property rights attached thereto, without constraint. All presentations, reports and correspondence shall be submitted to the EUBAM HoBMD in electronic form using Microsoft Word / PowerPoint and / or PDF format.
No documentation produced by the consultant in relation to this assignment, shall subsequently be published, released or distributed by the consultant to a third party without the express, prior written approval of the EUBAM Head of Mission. This constraint shall survive the expiry date of the contract under which the consultant is engaged to undertake this assignment.
Required Qualifications and Experience:
· Active or recently retired civil servant of EU Member State or EU Institution;
· Master’s degree in law, economics, social sciences or a related field or Diploma from Customs Academy/specialised professional training of the same level complemented with minimum 8 years of relevant working experience and specialised training;
· At least eight (8) years’ experience in a customs administration or a related service dealing with customs issues of which at least five (5) years of professional experience in the Customs Simplified procedures areas;
Extensive knowledge and comparative overview of Union Customs Code and other relevant EU regulations and EU member state practice and understanding of customs policing issues;
Experience with the design and or implementation of relevant simplified procedures for a national customs administration;
Excellent knowledge of EU and EU MS national Simplified procedures legislation;
Proven ability to work independently in a multi-cultural international environment with a high degree of cultural sensitivity;
Strong interpersonal skills and the ability to engage with senior officials;
Fluency in written and spoken English; knowledge of Russian and / or Romanian would be an advantage.
Logistics and Timing:**
The assignment locations will be Odessa and Kiev, Ukraine and Chisinau, Moldova.
The assignment shall commence no later than 1st May 2017 and conclude prior to 30th October 2017 utilising a maximum period of forty-five (45) billable days.
The consultant will be attached to the EUBAM Customs, Trade and Governance Office (CTGO) under the overall supervision of the HoBMD.
Before commencing work, the Consultant will be required to submit a statement of good health signed by a certified medical doctor, including confirmation that the Consultant’s vaccinations required for the countries to which travel may be required are up to date.
IOM only covers the Consultant against occupational accidents and illnesses under the Compensation Plan (CP), free of charge, for the duration of the assignment. IOM does not provide evacuation or medical insurance for reasons related to non-occupational accidents and illnesses. The Consultant is responsible for his/her own medical insurance for non-occupational accident or illness.
The Organization will provide the Consultant with one round trip transportation from the Consultant’s home station to the place of duty.
Fieldwork and stakeholder consultations will be conducted in Moldova – Chisinau, at the MDCS Head Quarters and in Ukraine at the UASFS Head Quarters in Kiev and also in Odessa. Where appropriate it may be necessary to visit other relevant customs locations. Subject to prior arrangement the consultant will have access to EUBAM deployed transportation, and translation / interpreter resources.
The consultant will not be entitled to any per-diem for any trips and assignments outside of Odessa, Ukraine.
The consultant will work closely with relevant personnel from the MDCS and UASFS and where necessary with appropriate EUBAM experts to ensure partner expectations are met and ownership of the final output is successfully transferred to the MDCS and UASFS within the contract term.
Applicants should email their CV in EU template using Microsoft Word format, together with a cover letter in English to: firstname.lastname@example.org