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Vacancy of Business Ombudsman of the Kyrgyz Republic

April 7, 2019

SRI Executive has been entrusted by the Supervisory Board of the Business Ombudsman of the Kyrgyz Republic, the key governing body of the Business Ombudsman of the Kyrgyz Republic, and with the assistance by of the European Bank for Reconstruction and Development, to support the executive search of an exceptional leader for the position of Business Ombudsman in the Kyrgyz Republic.

ABOUT THE EUROPEAN BANK FOR RECONSTRUCTION & DEVELOPMENT

The European Bank for Reconstruction and Development (EBRD) was founded in 1991 to further progress towards market-oriented economies and the promotion of private and entrepreneurial initiative, initially in eastern and central Europe and Central Asia. Development private sector is at the heart of the EBRD’s mandate. The EBRD pursues this through investing in projects, work on policy reform and provide technical advice, all of which powers sustainable growth. The EBRD now operates in the economies across three continents. Since its creation, the EBRD invested over €130 billion in more than 5,200 projects.

PURPOSE OF THE POSITION

The Business Ombudsman investigates complaints concerning alleged acts of corruption and other violations of legitimate interests of businesses by actions or omissions (including decisions) on the part of state and municipal authorities, state-controlled entities, and their officials.

BACKGROUND

On 31 December 2018, the Government of the Kyrgyz Republic issued a decree establishing the independent institution of the Business Ombudsman and setting out the legal framework for its functioning. The Business Ombudsman Institution is a dedicated body established to defend businesses and entrepreneurs with legitimate claims against state or sub-state entities that infringe on their rights. The key governing body of the Business Ombudsman Institution is its Supervisory Board which adopts the most important decisions, including decision on the appointment of the Business Ombudsman and her/his deputies and where each of three parties – Government of the Kyrgyz Republic; international development partners, including EBRD; and the business associations – have equal powers. The Business Ombudsman heads, and is supported by, the Secretariat which includes two deputies and other staff that the Supervisory Board may hire, as the need arises, in accordance with relevant regulations.

ACCOUNTABILITIES AND RESPONSIBILITIES

The Business Ombudsman has the following key responsibilities:

Review complaints of the businesses over alleged violations of their rights by the government, including local, and state-owned enterprises (with support of the Secretariat), including through interacting with the state authorities and making relevant inquiries, and issue recommendations and submissions (instructions);

Collect, process and systematise information on complaints from businesses;

Publish in the mass media and on the website of the Business Ombudsman periodic reports on their activities, including the results of the review of the complaints;

Present to the Government of the Kyrgyz Republic, Jogorku Kenesh (Parliament) of the Kyrgyz Republic and the President of the Kyrgyz Republic proposals for amendments to the laws and regulations with a view of protect the rights, freedoms and legal interests of businesses from corruption acts and other violations by state entities;

Enter into memoranda of cooperation with the Government of the Kyrgyz Republic, other state bodies, local governments and public sector enterprises in order to perform the tasks assigned to the Business Ombudsman;

Exercise control over the work of the Secretariat, including Deputy Business Ombudsmen;

Report to the Supervisory Board on the performance of the Business Ombudsman and the Secretariat.

KNOWLEDGE, SKILLS, EXPERIENCE AND QUALIFICATIONS:

Mandatory criteria:

The Business Ombudsman shall possess the knowledge, ability and experience required to properly perform his/her duties: university/bachelor/master’s degree, deep knowledge of economic, social, governance and other issues related to conducting business activities in the Kyrgyz Republic.

The Business Ombudsman shall be a person of the highest personal and professional integrity, with no criminal record and not having been subject to corruption proceedings or scandals.

Desired criteria:

- Experience in protecting the rights and legitimate interests of the business;

- Work with regulatory legal acts and their application in practice;

- Experience in business or business associations;

- Experience of interaction with government agencies and businesses;

- Participation in the development and implementation of strategic documents/recommendations in the area of business;

- Knowledge in the area of business regulation (including antitrust, licensing and permitting, investment, foreign trade, fiscal, technical regulation, trade);

- Managerial experience (including effective planning and prioritisation, operational management decisions, innovative approaches to task-solving);

- Timely identification and resolution of problem/conflict situations and building effective relationships;

- Analysis, systematisation and generalisation of information;

- Experience in presenting and public speaking.

RESTRICTIONS

The Business Ombudsman shall not hold any position, or perform any activities that are, or may be perceived to be, in conflict with the performance of his/her duties as a Business Ombudsman, namely:

The Business Ombudsman is not entitled to hold in the Kyrgyz Republic any elective position, hold other positions in state and municipal authorities or entities, perform any other paid or non-paid work in such authorities or legal entities within the scope of administration of the state or municipal authorities and any other legal entities, except for non-paid advisory or consulting activities performed in connection with their official capacity.

The Business Ombudsman shall not be a founder or have any financial or other interest in businesses, institutions, organisations irrespective of the form of ownership.

The Business Ombudsman shall not be a member of any political party in the Kyrgyz Republic or engage in activities that conflict with the principle of unbiased performance of Business Ombudsman’s duties.

TO APPLY

Your application for the Business Ombudsman will also be considered for the Deputy Business Ombudsman, should you not meet the Business Ombudsman minimum criteria, but have a legal or economic background. Consist with the Government decree, you will not be required to renounce your position when applying for any of the positions, but only if appointed to the role.

If you wish to be considered for this position, please forward a copy of your CV in Microsoft Word format, along with a dated and signed Cover Letter describing your motivation and how your qualifications fit the requirements and inclusive of salary expectations, copies of diplomas and three (03) professional references also in Microsoft Word format, to cmallari@sri-executive.com on or before April 30, 2019. In the subject line, kindly indicate APPLICATION FOR 8331 – BUSINESS OMBUDSMAN

All information will be held in the strictest confidence as we pride ourselves on our professional service. Only qualified candidates will be contacted for interviews. The Supervisory Board of the Business Ombudsman of the Kyrgyz Republic will make a decision on the choice of the winning candidate for the position of the Business Ombudsman.

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