Requisition ID 701
Posted 20/04/2023
Deadline June 3, 2023 at 11:59 pm AST.
Location: Wildey, St. Michael
THE DEPARTMENT
The Legal Department is responsible for providing legal services to CDB. The Legal Department serves the entire Bank and, accordingly, provides services relating to both project and non-project activities. This will typically include services relating to lending, grant, guarantee and other financings, as well as advisory services and restructurings, resource mobilisation (borrowings, capital increases, replenishments, and funds under administration) and all administrative and institutional matters. In addition, the Department is responsible for making arrangements for the Bank to be represented in arbitration or other legal proceedings or matters in which the Bank may be interested. The Department has considerable interface with CDB’s Borrowing Member Countries (BMCs), lenders and development partners.
THE ROLE
1. This position reports to the Deputy General Counsel (DGC). It is accountable for providing a full slate of corporate legal services to CDB to assist in ensuring that CDB’s internal operations and external business activities are conducted without detriment to the organisation and with due observance of its Charter.
2. The position is also responsible for assisting the DGC in the management of the Legal Department and assuming that responsibility in the absence of the DGC.
3. Additionally, the Senior Legal Counsel will also be responsible for delivering operational process support to the Department and its clients.
4. The role will develop, implement and update internal process guidelines, templates, and workflows and ensure best in class technology initiatives/solutions are supporting legal operational processes and with a view to enhancing the delivery of legal services.
The Senior Legal Counsel will also, in consultation with the DGC, provide a mentoring role to the non-professional staff in the Legal Department, as it relates to goal setting and career development.
5. The Senior Legal Counsel is responsible for providing legal services to CDB with respect to:
1) all operational matters, including the appraisal of capital and technical assistance projects, preparation, negotiation and finalisation of loan, guarantee, grant and consultancy agreements, the supervision of the operational phase of projects, matters arising out of such agreements; and
2) administrative, information technology, human resource, finance and risk related matters;
and in particular dealing with highly technical or novel projects and transactions.
KEY RESPONSIBILITIES
The job will require the Senior Legal Counsel to:
1. Confirm that the legal status of applicants for loans and technical assistance, their powers to borrow, licences, exchange control and capital issues requirements, relevant legislation and other documentation are acceptable to CDB.
2. Ensure that terms and conditions of loans being appraised and technical assistance and consultancy assignments are appropriate and consistent with CDB’s standard terms and conditions and the terms and conditions of the funding sources allocated to each assigned project.
3. Negotiate and finalize loan, guarantee, technical assistance and consultancy agreements to which CDB is a party as well as other legal documentation connected therewith in a timely manner.
4. Ensure that the Borrower/Beneficiary/Guarantor meets the conditions precedent to CDB's disbursement under funding agreements, that extensions of time required for such satisfaction are given or initiated (as appropriate) and that certification of the satisfaction of such conditions is issued upon such satisfaction.
5. Provide borrowers and other recipients of CDB’s funds and CDB’s staff members with accurate and timely advice on the application and interpretation of all CDB’s internal and external policies, procedures, guidelines, schemes, rules and regulations as the same may from time to time be amended, revised or replaced.
6. Prepare notices required under loan, technical assistance and consultancy agreements for suspension of disbursement, cancellation of undisbursed balances, termination of existing obligations and for any other purposes in a timely manner when such instructions are received.
7. Ensure all necessary legal action and/or contacts for the purpose of enforcing CDB’s security or recovering sums outstanding under a loan, technical assistance or consultancy agreement is promptly initiated and pursued once a decision has been taken to recall the loan or require a refund of a grant.
8. Advise on the legal aspects of the Bank’ operations, its relations with the Government of Barbados (with special regard to the rights and obligations under the Headquarters Agreement), member countries, and CDB's staff and consultants.
9. Serve as a member of the project appraisal team, attending review meetings and giving comments on project documents, observing accuracy, appropriateness, consistency and clarity.
10. Give advice and assistance to CDB as required in the preparation of such documentation as may be necessary to enable CDB to raise funds in the capital markets, to access the financial derivatives market, to borrow, to receive grants and technical assistance and to increase CDB’s authorised and paid up capital.
11. Liaise with CDB’s lawyers in the Borrowing Member Countries on matters connected with the preparation and finalisation of debentures/mortgages and/or other security given by or on behalf of private sector borrowers and public sector companies or corporations (where applicable).
12. Develop the Legal Operations in the Department and enhance same through the use of the most up-to-date technologies and innovations, and ensure that the Legal Department deploys appropriate technological solutions in its interactions with its borrowing member countries and boundary partners.
13. Provide assistance to the General Counsel and Bank Secretary and the DGC with respect to such other duties related to the legal work of CDB as may from time to time be determined.
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SELECTION CRITERIA
Must have:
1. Be a qualified Attorney-at-Law, Barrister or Solicitor as evidenced by relevant qualification.
2. Be practising or able to practise in one or more of CDB’s member countries.
3. Have at least ten years’ working experience in the practice of law in the public and/or private sector including general corporate law, corporate finance and commercial law experience .
4. A post graduate degree in law, or in another discipline relevant to the Bank’s work.
Desirable:
1. Working experience in the practice of law in one or more of CDB’s Borrowing Member Countries.
2. Practical experience in Legal Operations.
COMPENTENCIES
Ability to:
1. Perform extensive legal research and analysis, independently prepare legal briefs, opinions, and a variety of legal instruments and related documents.
2. Apply legal and administrative expertise to analysing a diverse range of complex and unusual issues and problems, and to develop innovative and creative solutions.
3. Utilise discretion and sound judgement in applying legal expertise to sensitive, complex legal and administrative issues.
4. Work effectively with others and, in particular, as a team member or team leader.
5. Demonstrate strong analytical, legal and negotiating skills.
6. Effectively adapt to tight deadlines, heavy workloads, and sudden or frequent changes in priority in order to accomplish objectives in a fast-paced working environment.
ORGANISATIONAL COMPETENCIES
The Senior Legal Counsel should demonstrate a strong proficiency in the following organizational core competencies:
1. Acting as a Champion for Change – the ability to identify problems and opportunities for change, implement solutions where appropriate; maintain effectiveness when experiencing major changes in work tasks or the work environment; and support people in their efforts to try new things.
2. Acting Decisively - Moves quickly to make decisions and commits to a straightforward course of action; comfortable making decisions based on partial information; willing to take risks to maintain momentum; shows a strong bias toward action.
3. Championing Customer Needs - Calls attention to issues that impact customer satisfaction; views situations from customers' perspective; encourages people to think about customers when making decisions and develops and sustains productive customer relationships.
4. Developing Talent - Invests time and resources into building the capabilities of team members; helps people define career goals and establish development plans to achieve them; gives people constructive, developmental feedback and advice.
5. Driving for Results - Bottom-line oriented and pushes self and others to achieve results. Keeps current on project status; makes sure people are aware of project status and what they need to do to keep things moving; redirects project resources and activities to overcome setbacks; elevates project concerns to senior levels of leadership when appropriate.
6. Managing Performance - Clearly defines and communicates roles and responsibilities; holds people accountable for accomplishing objectives; recognises and rewards people who achieve results and deliver on performance expectations; provides effective feedback.
7. Managing Risk - Effectively balances risks and opportunities; thinks through potentially positive and negative outcomes; seeks ways to mitigate risks.
8. Setting a Strategic Vision - Identifies and articulates the strategic goals and direction of the company, Division, or group; establishes connections between short-term and long-term objectives and directions. Communicates the vision throughout the organisation through distinctive strategies, goals and action plans that maximise competitive advantage. Inspires and motivates entire Division (s) or department(s) to adopt the vision.
TERMS OF APPOINTMENT
This is a full-time position with the successful candidate being contracted on a two-year basis in the first instance, with the possibility of renewal. The salary is competitive and commensurate with qualifications and experience. A pension plan, life and medical insurances are included in the benefits package.
Before you proceed to apply, please consider the following requirements:
1. You must be a national of one of CDB’s member countries.
2. You will be required to produce evidence of any educational and professional qualifications to support your application if you are selected for an interview.
3. All appointments are subject to satisfactory background checks and references.
CDB fully respects the need for confidentiality of information supplied and assures you that your background and interest will not be discussed with anyone including references, without your prior consent.
The deadline for submission of applications May 19th, 2023 at 11:59 pm AST.
The Caribbean Development Bank is an equal opportunity employer and values diversity. We encourage all qualified candidates to apply regardless of their racial, ethnic, religious, cultural background, gender, sexual orientation, or disabilities. Women are strongly encouraged to apply.
The Bank provides reasonable accommodation to individuals with disabilities who participate in the job application or interview process. Please contact us to request such accommodation.
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