The Cabinet of Ministers of Ukraine, in accordance with the Procedure on competitive selection of candidates for the position of an independent member of the supervisory board of a state unitary enterprise and their appointment, and on competitive selection of candidates for the position of an independent member of the supervisory board of business entities, in which more than 50 percent of shares (parts) in the share capital are owned by the state, who are proposed by a state-owned company for the selection process of independent members of the supervisory board, approved by Resolution of the Cabinet of Ministers of Ukraine of March 10, 2017, No. 142, Resolution of the Cabinet of Ministers of Ukraine of September 3, 2008, No. 777 “On competitive selection of managers of business entities of the state sector of the economy” and Order of the Ministry of Infrastructure of 26 September 2018 No. 436 “On selection for the positions of independent members of the Supervisory Board of the State enterprise “Ukrainian Sea Ports Authority” hereby announces a selection for the positions of independent members of the Supervisory Board of the State enterprise “Ukrainian Sea Ports Authority”.
Company Name: State Enterprise "Ukrainian Sea Port Administration" ( SE«USPA»).
Business address: Ukraine, 01135, Kyiv-135, Peremohy 14.
Company’s Major Areas of Business:
performance of tasks stipulated by Article 15 of the Law of Ukraine "On Sea Ports of Ukraine", in particular, organization and ensuring of safety of navigation within the water area of the sea port, repair and maintenance of hydraulic structures, access roads, etc.;
organization and provision of safe operations of vessel traffic control services and river information services;
implementation of navigational support on inland waterways, classified as navigable;
organization and execution of survey, deep-sea dredging and dredging works on inland navigable waterways;
maritime pilotage of vessels in inland navigable waterways;
participation in the development of regulatory and legal acts in the field of sea and river transportation;
training and retraining of sea pilots, pilots, operators of vessel traffic control services;
collection and recording of data included in the Register of Seaports of Ukraine, maintenance of the Register of Sea Ports of Ukraine and the Register of Hydrotechnical Structures of Sea Ports of Ukraine;
approval and organization of implementation of plans (strategies) for development of seaports and preparation of proposals for their improvement;
general control over anchorage and movement in seaports;
organization of operational control and accounting of movement of vehicles, cargoes, luggage, passengers in the water area of seaports and at his own facilities of the enterprise;
organization of the implementation of international standards for the procedures for the execution of documents during the execution of technological processes in seaports.
Requirements for applicants for the position of an independent member of the Supervisory Board of the State Enterprise "Ukrainian Sea Ports Authority" (hereinafter - Company)
1. The applicant shall:
have higher education, in particular (but not limited to), in the following areas: "Management and transport administration", "Finance", "Economics", "Accounting and audit", "Production and technology", "Business administration", "International relations", "Law";
have at least 10 years of work experience in the leading positions in the following areas (but not limited to): management of large enterprises; corporate governance; management and business development; operational management; strategic management and business development in the field of operation and development of port infrastructure; navigation safety assurance; risk management; finance and audit; investment activities; international relations, law, preferably according to the Company’s profile and business strategy; labor and social relations;
have full civil capacity;
have an impeccable business reputation, adhere to the principles of impartiality and integrity;
have no outstanding convictions;
have experience in conflict management and negotiations;
possess leadership skills and skills to manage changes;
meet the independence requirements defined by the Ukrainian law;
be proficient in at least one of the two languages: Ukrainian or English;
commit to spend no less than 30 working days a year on discharging the responsibilities as a supervisory board member;
demonstrate a basic knowledge of the legislative acts of Ukraine and EU states, governing the functioning and development of port infrastructure, navigation safety assurance, conditions of the business environment, understanding of global trends, development prospects of the maritime transport sector, the functioning of the maritime transport, development of its infrastructure, the acts of international organizations - International Maritime Organization, International Maritime Satellite Organization, etc.;
not be, or not have been in the past five years, a founder, shareholder (participant), manager, supervisory board member, employee or representative of, or have any significant business with, any entity on which personal, special economic, or other restrictive measures (sanctions) have been imposed by the Ukrainian government.
2. The applicant shall meet the following criteria of independence in accordance with the requirements of the legislation of Ukraine:
the applicant has not been and is not an officer of SE "USPA" or its branches and representative offices, both at the present time and during the last five years;
the applicant has not been and is not an employee of SE "USPA" or its branches and representative offices, both at the present time and during the last three years;
the applicant has not been and is not a related party (in the meaning according to Law of Ukraine "On Prevention of Corruption Practices") of SE "USPA" and/or its branches and representative offices, and/or their officers;
the applicant did not receive and does not receive any income from SE "USPA" or its branches and representative offices, whether at the present time or in the past, except for the remuneration for performing functions of the Supervisory Board member;
the applicant is not a public officer or state representative;
the applicant has not been an officer of the competent management body of SE "USPA" during the last three years;
the applicant is not an auditor of SE "USPA" nor is involved in the audit of SE "USPA" or its branches, representative offices as an auditor working in the audit organization, and should not be such an auditor and should not be involved in such audit for a certain period of time during the last three years preceding his/her appointment (election) to the Supervisory Board;
the applicant has no and had not any direct business or civil relations with SE "USPA" or its branches and representative offices, both at the present time and over the last year;
the applicant is not and has not been an officer or an employee, the owner of corporate rights, the representative of the business entity, whose core activity is to: organize and ensure navigation safety within the seaport water areas, provide services for ships and/or passengers, perform cargo operations in the sea ports on the territory of Ukraine, provide navigation support in the inland waterways classified as navigable on the territory of Ukraine, - both at present and during last three years;
the applicant shall not be a close person of the persons specified in the foregoing provisions (in the meaning of term "close person" according to the Law of Ukraine "On Prevention of Corruption Practices").
3. The applicant shall possess one or more of the following professional competencies:
strategic management – experience in the development and implementation of a long-term development strategy of the company;
management of activities of business entities in the field of functioning and development of port infrastructure, navigation safety assurance;
operational efficiency – experience of organizational transformations and implementation of changes to the business management model for the sake of operational efficiency improvement;
finance and audit – experience of transformation of the financial management system and implementation of the internal audit and internal control system;
corporate governance – experience in the implementation of the best corporate governance practices and organization of work of the Supervisory Board (Board of Directors);
digitalization of logistics processes and services – experience in the implementation of automation of business processes, corporate information systems etc.;
compliance and risk management, and experience in the implementation of such systems.
4. Would be an advantage:
work experience in preparation and implementation of the PPP projects (public-private-partnership) in particular (but not limited to), in the following areas: functioning and development of port infrastructure, navigation safety assurance;
work experience in large companies in the field of marine complex (maintenance and development of port infrastructure, navigation safety assurance);
knowledge of foreign languages;
work experience in the Supervisory Boards (Boards of Directors) or on top management positions in large companies (in particular, the positions of General Director, Director of Division, Chairman/Member of the Management Board);
work experience in the international companies and international markets;
the experience in involving investors, financial institutions, and in restructuring of international financial obligations for the implementation of investment programs and development programs of the companies (loans, bonds, primary issue of shares on the stock exchange etc.);
experience in the management of transformation processes and complex projects of organizational changes;
Description of functional responsibilities of members of the Supervisory Board of SE "USPA"
1. Definition of the strategy and activity control
negotiation of the draft strategy, annual financial plan of SE "USPA" and the report on its implementation;
definition of the forms of control over financial and economic activities of the enterprise;
monitoring of the company management efficiency;
formation of the anti-corruption policy of the company;
formation of the policy of corporate social responsibility and sustainable development of the company.
2. Corporate governance
use of appropriate transparency measures for the growth of public confidence in SE "USPA";
playing a key role in the implementation of the best international standards of corporate governance in SE "USPA";
formation of the policy of corporate social responsibility and sustainable development;
ensuring compliance with the best standards of corporate governance, regular evaluation of its impact on the performance results of the company, and implementation of changes in the corporate governance practices, as required.
3. Alignment of interests
ensuring the alignment of motivation and actions of the management of SE "USPA" with the best interests of the company;
ensuring the prevention, identification and settlement of the conflicts of interests between the Head of SE "USPA" and members of the Supervisory Board of SE "USPA";
implementation of the best standards of ethics and prevention of the conflicts of interests between the management and the Supervisory Board members, including misuse of company's assets and abuse of power in related-party transactions.
4. Audit and control
identification of the forms of control over the management efficiency of SE "USPA" and the efficiency of risk management in its activity;
monitoring the management efficiency of SE "USPA", and initiation of the implementation of appropriate measures, as required, for the subject of management of state property objects;
creation of the internal audit unit, approval of the procedure of internal audit and its follow-up reporting;
appointment and termination of powers of the head of internal audit unit of SE "USPA".
5. Transparency and disclosure of information
promoting business transparency and information disclosure, as well as the quality of communications in accordance with the legislation of Ukraine and in accordance with the best practices;
introduction of digitalization projects for management processes and services in order to increase their efficiency and transparency.
The supervisory board will collectively possess a maximum set of the competencies that are required of individual supervisory board members. The members of the supervisory board should have experience in various fields.
To participate in the selection, the candidate will submit the following materials in person and/or via e-mail:
application to participate in the selection addressed to S. S. Dehtyarenko, Chairman of the Commission for the Selection of Independent Members of the Supervisory Board of SE "USPA" (in Ukrainian and/or English).
The application must include information about the applicant (applicant’s full surname, given name and patronymic, the address of candidate’s registration and the mailing address, telephone number, e-mail address and Skype ID, if available).
Enclosed with the application will be:
The candidate shall be responsible for any inaccuracies in the submitted documents.
Applications for the participation in the competitive selection will be accepted starting from 10:00 am on October 11, 2018 (Kyiv time) to 6:00 pm on November 9, 2018 (Kyiv time).
Telephone number for information: (044) 256-67-56, 256-67-88.
Formation of the list of candidates admitted to the preliminary selection - November 14, 2018.
The results of the selection will be published on the official website of the Cabinet of Ministers of Ukraine.