Ref.
2024/EODASARM/12397
Job offer type
Experts
Type of contract
Service contract
Deadline date
2025/01/30 23:55
Duration of the assignment
Long term
Duration
tbd
Experts on distressed and sanctioned assets registration & management (M/W)
Cellule coordination géographique > -
Published on : 2024/12/20
CONTINENTAL EUROPE
UKRAINE
Mission description
Project “Assistance to the State Property Fund of Ukraine” is looking for the experts for the implementation of activities under the Component 3: Support to the management and liquidation of sanctioned assets.
The experts are expected to perform the following tasks:
Activity 3.1 Improvement of management of sanctioned assets.
Many assets that are transferred to the State include various types of encumbrances and hindrances preventing their registration, as well as missing or partial legal and technical documentations. Furthermore, due to the wide range of assets, the specificities and technicalities for each type require specific knowledge to ensure that the asset is treated according to its nature. The question is particularly of importance in case of missing documents for aircrafts and boats as they are essential to their registration.
Once the encumbrances & hindrances are removed, and technical documentation retrieved or restored, the systematization of such processes for the treatment of remaining assets can ensure that this step is processed in the shortest time span.
1/ Legal
Assignments
Ø Analysis of portfolio of the assets transferred into state property;
Ø Identification and categorization of encumbrances / obstacles to state registration;
Ø Provision of legal advice regarding registration of property rights on (one or several) specific assets such as : ships, aircraft, and other assets without proper formal ownership confirmation; intellectual property rights.
Ø Provision on legal advices on complex tax cases, that include leasing, valuation, and finances.
Ø Provision of expert assistance to State Property Fund.
Mission format.
Kyiv based. Travel within Ukraine may be required.
Timeline & calendar
The mission is expected to last at least 20 days. The implementation period is first quarter of 2025.
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2/ Business analysis |
Assignments. The following services are required from the Business Analysis Expert:
Ø Analysis of SPFU business procedures on the registration of property rights of sanctioned assets: identification of encumbrances, lifting of encumbrances, compilation of technical documents.
Ø Gap analysis of the existing procedures under the angle of increased efficiency & transparency;
Ø Proposal of recommendations for procedures strengthening;
Ø Proposal for procedure systematization and smooth integration within SPFU other business processes.
Mission format.
Kyiv based. Travel within Ukraine may be required.
Timeline & calendar
The mission is expected to last at least 20 days. The implementation period is second quarter of 2025.
Activity 3.2 Assistance to legal harmonization of sanctions and public assets management frameworks
Adaptation of national legislation by introducing appropriate changes to help perform the transfer and sell of the sanctioned assets by creating dedicated register, unified legal regime, and removing obstacles and barriers preventing and hindering these activities. This can be based on adaptation and transposition of advanced and effective legal regime on sanctioned assets in other countries.
Assignments.
Ø Analysis of the regulatory framework impacting sanctioned assets;
Ø Preparation of gap analysis on legal documents framing the management of the assets transferred to the state property;
Ø Development of recommendations regarding the improvement of regulation on registration and selling of sanctioned assets;
Ø Development of proposal for harmonization of Ukrainian legislation on sanctioned assets with international and regional frameworks and human rights standards, as well as with best practices from civil society & international organisations.
Mission format.
Kyiv based
Timeline & calendar
The mission is expected to last at least 20 days. The implementation period starts from the first quarter of 2025.
Activity 3.3 Support to enhancing auctioning of sanctioned assets
The novelty of the sanctions policy creates fears and reluctance of potential bidders (foreign investors) to participate in auctions. Most importantly, the reversal of the HACC decision by the European Court of Human Rights could lead to the annulment of the entire process of transferring and returning assets from the new owner. The state would have to reimburse the winner of the auction. Legal security mechanisms should be strengthened both at the policy and insurance levels to reduce this uncertainty due to the lack of experience and case law on such legal relations and to ensure full protection of foreign investors in this process.
Assignments.
Ø Analysis of the particularities of auctioning system and property transfer of sanctioned assets that impact their attractiveness for foreign investors;
Ø Development of recommendations on the mechanisms to protect the interests of foreign investors;
Ø Provision of expert assistance to State Property Fund.
Mission format.
Kyiv based
Timeline & calendar
The mission is expected to last at least 20 days. The implementation period is starting from the second quarter of 2025.
Project or context description
EF Project “Assistance to the State Property Fund of Ukraine” is aiming to support the improvement of the management of the state property in Ukraine, to contribute to the alignment of Ukrainian practices with EU standards and best practices and enhance the country’s economic resilience. More specifically, the project is seeking to:
Ø Assist the Fund in the steering and implementation of the corporate governance reform;
Ø Support the development of an effective mechanisms for timely detection and minimization of risks related to the state property management (through automation of the process via the development of an Early Response System);
Ø Support the Fund in the management – and ultimately privatization – of sanctioned assets transferred to the SPFU through decision of the High Anti-Corruption Court;
Ø Facilitate the leasing of agricultural lands managed by the SPFU, through the development and operationalization of a landbank system.
The Project is composed of four Components as follows:
Component 1: Enhancing SPFU capacity to steer and implement the reform of the management of state property
Component 2. Support for automation of corporate governance of state-owned enterprises: development of the Early Response System (ERS)
Component 3: Support to the management and liquidation of sanctioned assets
Component 4: Support to the registration of public land plots and their transfer to the Land Bank Operator
Required profile
Activity 3.1 Improvement of management of sanctioned assets:
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1/ Legal |
Required profile Academic Degree: Master’s degree in law
I. Experience: at least 5 years of experience as a legal practitioner with specific focus on distressed assets management / insolvency practitioner / enforcement officer.
II. Particular specific experience and knowledge on legal regulations and documentation for specific type of assets would be appreciated, most notably on procedures for registration of property rights.
III. Strong knowledge of procedural legislation.
IV. Strong knowledge of commercial, civil, tax legislation, regulatory framework of state assets management, sanctions framework.
V. Proven experience of working with distressed assets
VI. Language: Fluency in Ukrainian.
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2/ Business analysis |
Required profile
I. Academic Degree: Master’s degree in Business administration;
II. Experience: at least 5 years of experience as a business analyst, with a specific focus on public sector; financial sector business analysis;
III. Strong knowledge of procedural functioning of public institutions.
IV. Proven experience of working business processes description, improvement and systematization for other public institutions.
V. Language: Fluency in Ukrainian, English would be an asset.
Activity 3.2 Assistance to legal harmonization of sanctions and public assets management frameworks
Required profile
Academic Degree: Master’s degree in law
I. Experience: at least 5 years of experience in the field of law, including in the position of legal practitioner, scholar.
II. Strong knowledge of commercial, criminal, civil & property, tax legislations; regulatory framework of state assets management, sanctions framework.
III. Strong knowledge of international sanctions regimes.
IV. Previous experience in policy making and drafting of legal documents.
V. Good knowledge of national and international case law regarding the application of sanctions.
VI. Strong analytical skills.
VII. Language: Fluency in Ukrainian and English.
Activity 3.3 Support to enhancing auctioning of sanctioned assets
Required profile
I. Academic Degree: Master’s degree in law, economics or other relevant field.
II. Experience: at least 5 years of experience related to conducting public auctions, including organization, management, legal assistance etc.
III. Strong knowledge of the regulatory framework and system of public auctions in Ukraine, and particularities of auctioning public assets, distressed assets.
IV. Strong knowledge of private & contract international law, arbitration mechanisms.
V. Experience in international litigation would be a plus.
VI. Strong analytical skills.
VII. Language: Fluency in Ukrainian and English.
Selection criteria for applications
The selection process for candidates will be based on the following criteria :
- Candidate’s skills linked with the expert mission
- Candidate’s experiences linked with the expert mission
Deadline for application : 2025/01/30 23:55
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