Uploaded by Yerlen Badykhan

TOR SSA balyasna

advertisement
TERMS OF REFERENCE
Organization for Security and Co-operation in Europe
OSCE Programme Office in Astana
Economic and Environmental Dimension
TERMS OF REFERENCE
Expert on ML/TF typologies
1.
UB Project No. 5100636 for the project/activity “Activity 1.3 Typologies on suspicious
transactions in the insurance and securities sector”
2. Background
The Organization for Security and Cooperation in Europe (OSCE) within its second dimension on
environmental and economic issues assists the governments of participating States in reinforcing
their national Anti-Money Laundering/Combatting the Terrorist Financing (AML/CFT) legislation,
advising on improving the relevant institutional framework and building up national capacities to
fight economic crimes and corruption. At the national level, the OSCE Programme Office in Astana
(Office) is involved in the provision of assistance to Kazakhstan’s Government on establishing an
efficient AML/CFT national regime and legislation base.
Upon the request of the Agency for Regulation and Development of the Financial Market, the Office
plans to support a seminar aimed at increasing capacity and knowledge of the government and private
sector representatives on typologies of suspicious transactions in the insurance and securities sector.
The event will be held on 25-27 July 2023 in Almaty. For this purpose, the Office seeks a qualified
international expert who will deliver a two-day seminar on 26-27 July.
3. Objective
The OSCE-supported consultant will be providing an expert assistance on the topics listed in Tasks
section to enhance capacity of government and private sector representatives on typologies of
suspicious transactions in the insurance and securities sector (25-27 July 2023 in Almaty).
4. Tasks
Under the supervision of the Economic and Environmental Officer, the consultant will perform the
following tasks:
-
Conduct a two-day seminar (25-27 July) on ML/TF typologies and prepare presentations on the
following topics:
 Analysing trends, methodologies as part of Financial & Economic Crime risk
assessments and typologies common for your geographical area;
 Typologies on Securities Market, Central Securities Depository, Commodity and Stock
Exchanges - On Securities Manipulation, Affiliates;

-
Typologies (methods and techniques) of suspicious activities related to schemes through
banks and acquiring companies;
Develop presentation sessions along with accompanied practical examples;
Lead discussions and participate in the follow-up Q&A session.
5. Qualifications:
- Higher education (preferably in the field of economics, finance or related fields);
- At least ten years of experience in the field of AML/CFT;
- Solid knowledge of the FATF 40 Recommendations;
- Excellent skills in written and spoken Russian language.
6. Deliverables and performance indicators
 presentations.
7. Recommended consultant (if applicable): Mrs. Yevgeniya Balyasna
8. Selection method and justification
direct selection
Justification
The Economic and Environmental Dimension has selected Mrs. Yevgeniya Balyasna for this task. Since
2014 Mrs. Balyasna owns RADOSYN Compliance Training & Advisory firm which provides
consultancy and tailor-made trainings on topics such as:
- financial crime prevention (AML/ CTF/ sanctions/ corruption/ tax crimes/fraud etc) ;
- AML risks specific to Eastern Europe/ post-Soviet region;
- complying with (new) AML and other relevant compliance regulations, writing (updating) policies,
standards, procedures and implementing them.
Mrs. Balyasna has also worked as Senior Compliance Officer at the Amsterdam Trade Bank N.V.,
Amsterdam (member of Alfa Bank Group) where she drafted and implemented policies, procedures and
processes related to CDD/AML/Sanctions/Anti-bribery & Corruption/MIFID/Business Ethics/
Corporate Governance for corporates, individuals and FI.
She is also an Approved ACAMS: Certified Anti-Money Laundering Specialist trainer and regularly
conducts trainings and other various ACAMS courses for financial crime specialists.
9. Duration of SSA: 4 working days in the period from 20 July to 27 July 2023.
10. Proposed Fee (including breakdown):
300 EUR x 4 working days = total 1200 EUR.
Terms of payment:
Payment will be effected upon successful completion of all tasks.
11. Travel and accommodation costs:
During the OSCE travel the expert will be entitled to the OSCE daily subsistent rate and terminal
allowances. Air/train ticket will be purchased by the OSCE. For travel required within this contract,
the OSCE POiA will arrange Expert’s travel in accordance with OSCE regulations.
Organization for Security and Co-operation in Europe
SPECIAL SERVICE AGREEMENT
SSA No. 2023 – EED - 75
PR # 678327
PO #
Made between the Organization for Security and Co-operation in Europe, OSCE Programme Office in Astana,
Beibitshilik Street 10, 01000 Astana, Kazakhstan (hereinafter referred to as the “OSCE”), and Mrs. Yevgeniya
Balyasna, Netherlands, born on 03-05-1977, expert, Economic and Environmental dimension, (hereinafter
referred to as the “Consultant”), Prof. J.H. Bavincklaan 2, 1183 AT Amstelveen, Netherlands, ID# NRR1JHK97,
+31 6 48949216, y.balyasna@radosyn.eu.
WHEREAS the OSCE desires to engage the services of the Consultant for the services described in the attached
Terms of Reference, on the terms and conditions hereinafter set forth,
WHEREAS the Consultant is willing and able to perform the services on said terms and conditions,
The OSCE and the Consultant have agreed as follows:
1.
Nature of Services
1.1.
The Consultant shall perform the services as stipulated in the attached Terms of Reference.
1.2.
The Economic and Environmental Officer shall be the point of contact between the Consultant and the
OSCE.
2.
Provision of Facilities and of Information to the Consultant
The OSCE shall provide the Consultant with information as may be required for the discharge of his/her
obligations under this Agreement.
3.
Duration of Agreement
3.1.
This Agreement shall take effect on 20 July 2023 and shall expire on 27 July 2023, without any advance
notice between the Parties hereto. For the purpose of this Agreement the maximum number of working
days shall not exceed 4 days.
3.2.
This Agreement may be terminated by either Party before the expiry date of the Agreement by giving
notice in writing to the other Party. The period of notice shall be seven days. If the Consultant is unable
or unwilling to perform the services subject of this Agreement, or a breach of this Agreement has
occurred, no period of notice shall be required to be given by the OSCE to terminate the Agreement.
3.3.
In the event of the Agreement being terminated prior to its expiry date, the Consultant shall be
compensated on a pro rata basis for no more than the actual amount of work performed to the satisfaction
of the OSCE. Additional costs incurred by the OSCE resulting from the termination of the Agreement by
the Consultant may be withheld from any amount otherwise due to the Consultant from the OSCE.
4.
Remuneration
4.1
As full remuneration for services performed by the Consultant under the terms of this Agreement, the
OSCE shall pay the Consultant up to 300 EUR per day worked, up to 1200 EUR in total for 4 working
days. [For travel only: In addition, travel costs by the most economic route from place of residence/duty
station and back plus an amount not exceeding the applicable OSCE rate of the daily subsistence
allowance (DSA) will be paid by the OSCE in accordance with FAI 9 and in connection with this
assignment.]
4.2.
The Consultant shall not be entitled to any additional benefit, allowance or payment other than those
expressly provided for in this Agreement.
4.3.
The payment prescribed in this Clause shall be made as follows:
at the end of the assignment upon receipt of the consultancy invoice and certification by the Economic
and Environmental Officer that the services have been successfully performed as well as the consultant’s
agreement to receive payment to his bank account in EUR.
5.
Status of the Consultant
5.1.
The Consultant shall serve in his/her personal capacity and not as a representative of a government or any
other authority external to the OSCE.
5.2.
The Consultant shall not be considered as an OSCE official.
5.3.
The Consultant shall enjoy the privileges and immunities to which s/he may be entitled as an
expert/consultant to the OSCE by virtue of agreements concluded by the OSCE with the host countries or
national legislation of the host countries.
6.
Obligations
6.1.
The Consultant shall neither seek nor accept instructions regarding the services to be performed for the
OSCE from any government or from any authority external to the OSCE.
6.2.
During the period of his/her service for the OSCE, the Consultant may not engage in any activity that is
incompatible with the discharge of his/her duties with the OSCE. This includes any conflict of interest,
actual or apparent, which may affect the perception of the consultant’s independence, impartiality and/or
integrity.
6.3.
The Consultant is required to exercise the utmost discretion in all matters of official business of the OSCE.
Without prior written authorization of the OSCE, the Consultant may not, except for the purpose of
obtaining information relating to his/her services, communicate at any time to any other person,
government or authority external to the OSCE any information known to him/her by reason of his/her
association with the OSCE which has not been made public, nor shall the Consultant at any time use such
information to private advantage. These obligations do not lapse upon termination of this Agreement.
7.
Intellectual Property
All rights, title and interest, including, without limitation, all copyrights and patents, in and to any material
produced and invention developed by the Consultant in the performance of his/her services under this
Agreement, shall irrevocably vest exclusively in the OSCE.
8.
Life, disability and medical evacuation insurance
8.1.
The Consultant is fully responsible for arranging, at his/her own expense, appropriate life and accident
insurance covering the period of his/her service for the OSCE.
8.2
In the case where a Consultant is hired by the OSCE Secretariat or an OSCE Institution, and is
subsequently required to work in any OSCE Mission area, or any Consultant internationally recruited by
an OSCE Mission, the Consultant shall be included in the medical evacuation insurance coverage of the
OSCE and the OSCE will bear the premium costs for the coverage.
8.3
In the case of official travel on behalf of the OSCE, the Consultant shall be covered for the period of
his/her travel with the appropriate group accident and disability insurance, and the OSCE shall bear the
cost of the premium. The same shall apply for life insurance, provided that the Consultant has duly
signified the beneficiary(ies) to the OSCE.
9.
Health Insurance and Pension
The Consultant shall be responsible for arranging, at his/her own expense, appropriate health insurance
and pension coverage during the period of his/her service with the OSCE.
10.
Subcontracting
The Consultant shall not subcontract, assign, transfer, pledge or make other disposition of this Agreement
or any part thereof, or of his/her rights, claims or obligations under this Agreement, unless so authorized
by the OSCE.
11.
Liability
The OSCE shall not be liable for third-party claims against the Consultant, notwithstanding that the act
or omission in respect of which such a claim is made occurred in the course of performing the services.
12.
Privileges and Immunities of the OSCE
Nothing in this Agreement shall be construed as a waiver of the privileges and immunities accorded to
the OSCE.
13.
Submission of Results of Work
The Consultant shall submit the results of work performed under this Agreement as referred to in the
Terms of Reference.
14.
Governing Law
The Agreement shall be governed by and construed in accordance with the substantive laws of the
Republic of Austria.
15.
Settlement of Disputes
Any dispute between the OSCE and the Consultant arising out of the interpretation or application of this
Agreement which is not settled by negotiation shall be submitted by either Party for settlement in
accordance with the UNCITRAL Arbitration Rules as in force at the date the dispute is referred to
arbitration. The number of arbitrators shall be one. The place of arbitration shall be Vienna, Austria. The
language of the arbitration shall be English. The decision of the arbitrator shall be final and binding on
the Parties.
16.
Taxation
The OSCE undertakes no liability for taxes, duty or other contribution that may be payable by the
Consultant on payments made under this Agreement.
17.
Additional Conditions
17.1.
The Consultant shall be bound by the terms of the OSCE Code of Conduct (available online at:
https://www.osce.org/secretariat/31781) as far as applicable to his/her role.
17.2.
[only for government officials or civil servants] The Consultant, being in employment as a government
official or with public administration for the duration of this Agreement, hereby confirms that s/he has
been granted approval and/or leave, as applicable, from the employer to perform services for the OSCE
under this Agreement.
For the OSCE Programme Office in Astana:
Economic and Environmental Officer
Nuraddin Murshudlu
The Consultant:
Yevgeniya Balyasna
…………………………………..
………………………………..
Acting Chief of Fund Administration
Olga Koshkina
…………………………………..
Download