- Position title: Principal Legal Counsel – Private Sector
- Grade: PL4
- Position N°: 50062600
- Reference: ADB/19/121
- Publication date: 06/06/2019
- Closing date: 05/07/2019
- Country: Côte d’Ivoire
Established in 1964, the African Development Bank (AfDB) is the premier pan-African development institution, promoting economic growth and social progress across the continent. There are 80 member states, including 54 in Africa (Regional Member Countries). The Bank’s development agenda is delivering the financial and technical support for transformative projects that will significantly reduce poverty through inclusive and sustainable economic growth. In order to sharply focus the objectives of the Ten Year Strategy (2013 – 2022) and ensure greater developmental impact, five major areas (High 5s), all of which will accelerate our delivery for Africa, have been identified for scaling up, namely; energy, agro-business, industrialization, integration and improving the quality of life for the people of Africa.
The President, plans, supervises and manages the business of the Bank Group. Under the direction of the Boards of Directors, the President conducts the business of the Bank and the African Development Fund and manages operations and activities in accordance with the Agreements establishing the ADB and the ADF. The President supervises several Departments and Units including Office of the President (PRST0); Independent Development Evaluation Department (BDEV); Integrity and Anti-Corruption Department (PIAC); Compliance Review and Mediation Unit (BCRM); Secretariat to the Sanctions Appeals Board (BSAB); Administrative Tribunal (BATR); Office of the Auditor General (PAGL); Group Risk Management Directorate (PGRM); General Counsel and Legal Services Department (PGCL); Communication and External Relations Department (PCER); Staff Integrity and Ethics Office (PETH) and Office of the Secretary General & General Secretariat(PSEG).
THE HIRING DEPARTMENT:
The role of the General Counsel and Legal Services Department (PGCL) is to deliver legal advice and services to the statutory organs of the Bank group (the Bank), namely to: the Boards of the Bank, Senior Management, Directorate General Hubs and, more generally, to the whole Bank. Furthermore, the Department protects the interest of the Bank from legal liability and, as necessary, provides legal defense in cases filed against or brought by the Bank.
The principal objectives of the Private Sector Operations Division (PGCL.2) are to handle private sector and other non-sovereign transactions and support the work of the Bank regarding the private sector and the financial sector as well as special operations. These transactions comprise principally non-sovereign loans, guarantees, project finance transactions, syndicated loans, private equity and trade finance, amongst others.
The Principal Legal Counsel – Private Sector Operations will be a member of the legal team in the Private Sector Operations Division and ensures the correct interpretation of, and compliance with the various policies, guidelines and regulations applicable to private sector and non-sovereign operations in the Region. The job holder will ensure compliance of projects and other operational activity with applicable Bank’s rules and policies.
Under the supervision and guidance of the Division Manager, PGCL.2, the Principal Counsel will:
- Conduct legal due diligence on proposed transactions such as the review of project documents and agreements (including development or construction contracts, supplier agreements, concession agreements, joint venture agreements, management agreements and shareholders’ agreements etc), constitutive documents of proposed borrowers/investee funds and review of local regulatory requirements;
- Liaise and collaborates with staff in the Directorate General Hub, the private sector operations, finance, environmental and social complexes to develop the appropriate terms and conditions of each transaction, ensuring compliance with Bank’s policies;
- Participate in project appraisal missions and reviewing project concept notes, project appraisal reports, drafting board resolutions;
- Draft and/or review, negotiates and finalizes all legal documentation relevant to the proposed transaction, including term sheets, loan agreements, lines of credit agreements, common terms agreements, guarantee agreements, participation agreements, inter-creditor agreements, security documentation, assignment agreements and information memoranda etc., depending on the nature of the project and the type of financing;
- Advise on transaction structure and documentation for private equity investments by the Bank to ensure compliance with Bank policies and practice as well as applicable laws including drafting and/or reviewing shareholders agreements, partnership agreements, management agreements, co-investment agreements, subscription agreements etc
- Provide legal support for the implementation and monitoring of projects after signing and disbursement, including advising on waiver requests, approval requests and project work-outs;
- Liaise with co-lenders/investors, partners and external counsel as and when needed; and
- Undertake such other assignments as required in furtherance of the mandate of the Private Sector Operations Divisions.
- Carry out such other duties as may be assigned by the Division Manager PGCL.2 or the General Counsel.
Including desirable skills, knowledge and experience
- Holds at least a Master’s degree in Law (or its equivalent), and admission to the Bar of one of the African Development Bank member countries; or a Juris Doctor (JD) and admission to the Bar of one of the African Development Bank member countries.
- Have a minimum of six (6) years of relevant experience in similar jobs, preferably with a reputable international law firm, a legal department of a private or public entity, or an international financial institution with proven technical competence and experiences in international finance and banking practice.
- Demonstrated leadership, communication, team building, inter-personal, writing and analytical skills.
- Ability to manage multiple, simultaneous and shifting demands, priorities and tight deadlines.
- High level skills in communication and negotiation as well as the ability to build partnership with a broad range of clients and deliver results that meet the needs of the Legal Service Department’s work program.
- Combined specialization and expertise in the knowledge of the administrative set-up, organization and texts of the Bank.
- Seasoned knowledge in the current trend of development and familiarity with international law, and related matters within the Bank and other international organizations.
- Strong skills in preparation of complex legal documents including briefs and confidential legal opinions, preparing certificates, leading the negotiation of complex projects and programs and other transactions of a similar nature.
- Capacity to conceive and supervise the negotiation of complex legal documents of all manners and form that balances the standards and norms of outside parties with the unique requirements of the Bank.
- Experience in applying legal knowledge to deliver full scope of strategic Legal services
- Client and results oriented individual.
- Effective consulting and advisory skills that enable clients and help resolve their legal questions.
- Ability to deal with sensitive issues in a multi-cultural environment and to build effective working relations with colleagues
- Ability to communicate effectively (written and oral) in English or French, preferably with a working knowledge of the other.
- Competence in the use of standard Microsoft Office Suite applications; knowledge of SAP is an added advantage.
THIS POSITION IS CLASSIFIED INTERNATIONAL STATUS AND ATTRACTS INTERNATIONAL TERMS AND CONDITIONS OF EMPLOYMENT.
To apply for this position, you need to be national of one of AfDB member countries.
Applicants who fully meet the Bank’s requirements and are considered for interview will be contacted. Only online applications submitted with a comprehensive Curriculum Vitae (CV) and copies of the required degrees will be considered. The President, AfDB, reserves the right to appoint a candidate at a lower level. The African Development Bank is an equal opportunities employer. Female candidates are strongly encouraged to apply. www.afdb.org
The African Development Bank Group (AfDB) does not ask for payments of any kind from applicants throughout the recruitment process (job application, CV review, interview meeting, and final processing of applications). In addition, the Bank does not request information on applicants’ bank accounts. The African Development Bank Group declines all responsibility for the fraudulent publications of job offers in its name or, in general, for the fraudulent use of its name in any way whatsoever.