International Expert (establishment and operationalization of a national Passenger Information Unit)

CFA Number: AZCFA2022-19

Position Title: International Expert

Duty Station: Home based with travels to Baku, Azerbaijan

Type of Appointment: Consultancy

Duration of Appointment: 11 months with possibility of extension

Estimated Start Date: September 2022

Closing Date: 03 August 2022

Open to Internal and External Candidates

Established in 1951, IOM is a Related Organization of the United Nations, and as the leading UN agency in the field of migration, works closely with governmental, intergovernmental and non-governmental partners. IOM is dedicated to promoting humane and orderly migration for the benefit of all. It does so by providing services and advice to governments and migrants.

Introduction: Established in 1951, the International Organization for Migration (IOM), the UN Migration Agency, is the leading inter-governmental organization in the field of migration and works closely with governmental, intergovernmental and non-governmental partners. IOM is dedicated to promoting humane and orderly migration for the benefit of all. It does so by providing services and advice to governments and migrants.

***Project:***CONTRIBUTING TO THE ESTABLISHMENT AND OPERATIONALISATION OF A NATIONAL PASSENGER INFORMATION UNIT (PIU) IN AZERBAIJAN

Context: IDF-funded project aims to contribute to enhancing capacities of the Azerbaijani authorities on passenger processing, travel facilitation and border security through a national PIU. The project will support, and feed into, current efforts by the Azerbaijani Government to strengthen its Advanced Passenger Information (API) and Passenger Name Record (PNR) analysis capacities, in full compliance with international standards and best practices. Within this framework and stream of work, a functioning PIU shall serve the country to effectively govern its API/PNR systems and manage API/PNR data, for their effective collection, processing, analysis and dissemination. IOM will facilitate the creation of a workplan for the Establishment and operationalization of a National Passenger Information Unit (PIU) in Azerbaijan.

Azerbaijan does have API/PNR systems in place; from a legal perspective, the processing of passenger data is currently governed by the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of July 29, 2019, No. 330. As of today, on the basis of Decree 330, API data is to be collected by the State Border Service (SBS). The collection of API data is performed by the SBS Single Window – a facility that allows parties involved to lodge standardized information and documents with a single-entry point – in accordance with international standards. The SBS, in turn, is mandated to transmit API data to several authorities, for them to further process this data under their own domain. Furthermore, from an institutional perspective a working group, consisting of representatives of relevant government agencies and headed by the State Customs Committee, also contributes to the governance of API/PNR systems in the country. Four sub-working groups were formed under this main working group as of February 2021; i.e.: 1) Legislation, 2) Coordination of the work of law enforcement agencies and studying the experience of the Passenger Information Unit (PIU), 3) Engagement with Transport Industry, 4) Technical.

Sub-working group 2 – Coordination of the work of law enforcement agencies and studying the experience of the Passenger Information Unit (PIU) – is composed by the State Customs Committee, the Ministry of Foreign Affairs, the Ministry of Internal Affairs, the State Border Service, the Foreign Intelligence Service, the State Security Service, the State Migration Service and State Agency for Public Services and Social Innovations and Azerbaijan Airlines. Its main aim is to explore the potential added value of establishing a PIU, as well as to analyse other countries’ experiences in these regards, including: the process of coordination between law enforcement agencies; operational measures and targeting; existing risk systems and their analysis capabilities; data use and accessibility; legal regulations. On the basis of this analysis, the lessons learned could be considered and eventually applied to the Azerbaijani context.

In 2021 IOM conducted an assessment of the national legal framework and technical capacities in place for the implementation of an API and PNR system. The report was comprehensively reviewed by IOM Immigration and Border Management Regional Thematic Specialist (IBM RTS) and UNOCT, and by the API/PNR Working Group (WG). The legal analysis took into account the objectives and ambitions of the government of Azerbaijan to facilitate travel and ever-growing passenger flows and includes the critical recommendations.

***Objectives of the consultancy:***IOM is seeking an international expert to lead an analysis of the current legislation in force in the country, aimed at assessing which amendments to the existing legislation would be required, in light of international standards, to establish a PIU. In particular, (i) the assessment will aim at making legislative and/or policy recommendations to better enable the State to activate a national PIU; In essence the Assessment will also include recommendations on the ideal scenario of the responsible entities for both the overall supervisory role as well as for the implementation and hosting role of the newly formed PIU (these two entities may or may not be the same). (ii) Building the legal assessment, the expert will develop Standard Operating Procedures (SoP) for the implementation of PIU, including defining the roles and responsibilities of relevant actors involved in the process and relevant financial implications. In parallel, a SoP sample from a foreign country considered to have an advanced PIU be translated into Azerbaijani and shared with API/PNR WG members as a basis for SoP development process. Overall, it will elaborate a suggested organigram for intra and inter-agency cooperation of the PIU members, ideally also setting up the secondment mechanism.

To increase knowledge of best practices on setting-up, operationalizing and activating a PIU, one study visit to a country with a fully functioning PIU, and one study visit to INTERPOL will be organized, for the attention of API/PNR WG members. The international expert will lead and facilitate the workshop on evaluation of the study visits’ findings and recommendations, discuss with the members how the visits have contributed towards enhancing operational understanding for the establishment and implementation of a PIU in Azerbaijan, draft the study visit findings with recommendations drawn as a conclusion of the debriefing. The international expert will also bolster the workshop agenda by sharing other countries PIU experiences.

Lastly, the international expert in close coordination with API/PNR WG will develop a workplan towards the establishment of a Passenger Information Unit (PIU) in Azerbaijan. The international expert will conduct an initial online workshop with API/PNR WG members to brainstorm and eventually draft a detailed workplan that will set the roadmap for the authorities to set up a PIU in the coming future. After the initial workshop, the workplan towards the establishment of a PIU in Azerbaijan will be finalized, presented to the relevant authorities and this validation workshop will be chaired and facilitated by the international expert.

The expert will work under the supervision of IOM Azerbaijan. The IOM Regional Office in Vienna and the IOM API Global Coordinator can provide support, if needed. The international expert will be assisted by a national (ideally legal) expert in all above-mentioned tasks.

Responsibilities and accountabilities:

1. Support and guide the national expert by jointly compiling the list of laws to be reviewed and the interviews to be conducted with state agencies in order to complete the assignment.
2. Develop a methodology (e.g. a checklist) for the legislative review.
3. Perform a legislative review. This assessment will, inter alia, assess the alignment of the existing national legislation with relevant international and regional PIU standards, including those pertaining to data protection and data sharing.
4. Conduct interviews, either in person with relevant governmental counterparts and international partners, most notably UN Office of Counter-Terrorism, the UN Office on Drugs and Crime (UNODC) and the United Kingdom Border Force Hunter project.
5. Compile a draft report with recommendations, including draft legal PIU provisions.
6. Conduct, facilitate and participate in 1-day workshop with Government and other relevant actors, in order to present the findings of the assessments.
7. Submit a final assessment report in English language, incorporating feedback received from governmental counterparts and the international community, including key findings and recommendations.
8. Individuate and select a SoP sample from a PIU functioning country to use as a template for construction of SoP for Azerbaijan.
9. Based on the legal assessment develop Standard Operating Procedures (SoP) for the implementation of a PIU, including defining the roles and responsibilities of relevant actors involved in the process and relevant financial implications.
10. Organize, conduct, facilitate and present in the online 1-day workshop draft Standard Operating Procedure on the implementation of the PIU.
11. Organize, conduct and facilitate a 1-day debriefing to evaluate the study visits findings, how they have contributed towards enhancing operational understanding for the establishment and implementation of PIU in Azerbaijan, and brainstorm on proposed recommendations
12. Draft summative report highlighting the findings of the study visits and conclusions from the debriefing, laying out final recommendations for a workplan towards the set-up and operationalization of a PIU in Azerbaijan
13. Organize and conduct online technical workshop with relevant stakeholders to brainstorm on drafting a workplan for the establishment of a PIU
14. Draft a workplan, integrating inputs discussed during the workshop, inclusive of key steps and considerations to keep into account for the establishment of a PIU
15. Organize, conduct, facilitate and present the finalized workplan in validation workshop
16. Advise Government officials in Azerbaijan as necessary in the course of the project implementation and share best practices and lessons learned from other PIU projects.
17. Advise IOM staff on issues related to project activities.

TASKS (assessment)

TIMEFRAME

Conduct desk research: develop a methodology, and gather and analyze relevant, up-to-date legislation from relevant sources – 7 days

Conduct (if needed online) interviews with API/PNR WG member agencies as well as other relevant agencies and international partners – 5 days visit to Baku

Draft the report and submit to the Government of Azerbaijan for review/feedback and inclusion of possible inputs and concerns – 7 days

Conduct a workshop to discuss initial findings and state agencies possible comments and inputs – 1 day

Finalize the report based on received feedback and submit to IOM Azerbaijan – 4 days

TASKS (SoP)

TIMEFRAME

Individuate and select a SoP sample from a PIU functioning country to use as a template for construction of SoP for Azerbaijan – 2 days

Conduct desk research: gather and analyze relevant, up-to-date information for SoP development from relevant sources – 5 days

Conduct (if needed online) interviews with API/PNR WG member agencies as well as other relevant agencies and international partners – 5 days visit to Baku

Draft the SoP and submit to the Government of Azerbaijan for review/feedback and inclusion of possible inputs and concerns – 7 days

Conduct, facilitate and present in the online workshop draft Standard Operating Procedure on the implementation of the PIU – 1 day

Finalize the SoP based on received feedback and submit to IOM Azerbaijan – 4 days

TASKS (study visit analysis)

TIMEFRAME

Conduct and facilitate a 1-day debriefing to evaluate the study visits findings, how they have contributed towards enhancing operational understanding for the establishment and implementation of PIU in Azerbaijan, and brainstorm on proposed recommendations – 1 day

Draft summative report highlighting the findings of the study visits and conclusions from the debriefing, laying out final recommendations for a workplan towards the set-up and operationalization of a PIU in Azerbaijan – 4 days

TASKS (workplan development)

TIMEFRAME

Conduct online technical workshop with relevant stakeholders to brainstorm on drafting a workplan for the establishment of a PIU – 1 days

Draft a workplan, integrating inputs discussed during the workshop, inclusive of key steps and considerations to keep into account for the establishment of a PIU – 7 days

Conduct, facilitate and present the finalized workplan in validation workshop – 1 day

Education and Experience required

• Advanced university degree in law.
• At least 5 years of legal experience, preferably in the areas of legal reform, legislative review and legal drafting. Experience in reviewing API/PNR and PIU related legal framework is an asset.
• Experience in legal research and institutional assessment is an asset.
• Excellent up-to-date knowledge of the international regulatory framework related to API/PNR systems and PIU, including relevant ICAO Standards and Recommended Practices, technical specifications and related ICAO/IATA/WCO Guidance Material (including Annex 9 – Facilitation, Document 9957 Facilitation Manual) and EU legal framework related to API and PNR.
• Demonstrated ability to ensure compliance with the international regulatory framework related to PIU in previous PIU implementation projects.
• Demonstrated ability to identify PIU related legal gaps and needs and guide stakeholders in the process of law promulgation for PIU establishment.
• Knowledge of appropriate examples of good practice relating to legislative requirements for PIU.
• Demonstrated ability to assess complex situations in order to succinctly and clearly distil critical issues.
• Must be able to work independently and demonstrate excellent teamwork, coordination and facilitation skills; respond constructively to feedback and differing points of view.
• Analytical, research, reporting, communication, documentation, presentation and workshop conduction/facilitation skills.
• Operational knowledge of API/PNR systems and practical expertise on PIUs and their functioning are desirable;
• Experience working with specialized international agencies (UN Agencies, International Organizations etc); experience working with IATA and ICAO is an advantage.
• Excellent written and spoken English is required.
• Flexibility and ability to work in a deadline driven environment.
• Computer literate with ability to operate Windows applications.
• Demonstrated gender awareness and sensitivity, and an ability to integrate a gender perspective into tasks and activities.
• Ability to establish and maintain effective and constructive working relationships with people of different national and cultural backgrounds while maintaining impartiality and objectivity.

Languages: Fluency in English is required.

Values

• Inclusion and respect for diversity respects and promotes individual and cultural differences; encourages diversity and inclusion wherever possible.
• Integrity and transparency: maintain high ethical standards and acts in a manner consistent with organizational principles/rules and standards of conduct.
• Professionalism: demonstrates ability to work in a composed, competent and committed manner and exercises careful judgment in meeting day-to-day challenges.

Core Competencies – behavioural indicators

• Teamwork: develops and promotes effective collaboration within and across units to achieve shared goals and optimize results.
• Delivering results produces and delivers quality results in a service-oriented and timely manner; is action-oriented and committed to achieving agreed outcomes.
• Managing and sharing knowledge continuously seeks to learn, share knowledge and innovate.
• Accountability: takes ownership for achieving the Organization’s priorities and assumes responsibility for own action and delegated work.
• Communication: encourages and contributes to clear and open communication; explains complex matters in an informative, inspiring and motivational way.

Managerial Competencies – behavioural indicators

• Leadership: provides a clear sense of direction, leads by example and demonstrates the ability to carry out the organization’s vision; assists others to realize and develop their potential.
• Empowering others and building trust: creates an atmosphere of trust and an enabling environment where staff can contribute their best and develop their potential.
• Strategic thinking and vision: works strategically to realize the Organization’s goals and communicates a clear strategic direction.