Chief Legal Counsel - Private Sector Operations at African Development Bank - AfDB

Reference: ADB/17/148
Location: Côte d’Ivoire
Grade: PL3
Position N°: 50069181 / 50052150

The Complex

• 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 African Development Bank and the African Development Fund.
• The President supervises several Departments and Units including Office of the President; Independent Development Evaluation Department; Integrity and Anti-Corruption Department; Compliance Review and Mediation Unit; Secretariat to the Sanctions Appeals Board; Administrative Tribunal; Office of the Auditor General; Group Risk Management Directorate;  General Counsel and Legal Services Department; Communication and External Relations Department; Staff Integrity and Ethics Office and Office of the Secretary General & General Secretariat.

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): Board of Governors, Board of Directors, Senior Management, Regional Directorate Hubs and more generally to the whole Bank. The General Counsel and Legal Services Department’s job is also to protect the interest of the Bank from legal liability and, as necessary, to ensure that the Bank Group is properly and efficiently defended 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 Position

• The Chief Legal Counsel - Private Sector Operations undertakes internal coordination, supervision and the structuring of complex transactions within the division.
• The job requires the incumbent to be conversant and skilled in preparing complex legal documents including briefs and confidential legal opinions, leading the negotiation of complex agreements within the scope of financing products while combining specialization and expertise in knowledge of operational policies and guidelines of the Bank. He/she also supervises, leads and train more junior lawyers in their day to day work.
• The job holder leads the representation of the Bank’s sensitive negotiations as may be directed by the Division Manager or the General Counsel and conceives and supervises the negotiation of complex legal documents of all private sector operations

Duties and responsibilities
Under the overall supervision of the Division Manager Private Sector Operations, the Chief Legal Counsel - Private Sector Operations will undertake the following Key Responsibilities:

• Conduct legal due diligence on proposed transactions such as, the review of project documents and agreements, constitutive documents of proposed borrowers/investee funds and review of local legal and regulatory requirements;
• Responsible for drafting and/or reviewing, negotiating, and finalizing all relevant legal documentation required for Bank’s lending and other investments;
• Advise on transaction structure and deal documentation for proposed private equity investments by the Bank to ensure compliance with Bank policy and practice as well as applicable laws including drafting and/or reviewing shareholder’s agreements, management agreements, subscription agreements, etc.
• Liaise and collaborates with staff handling non sovereign operations, finance and environmental and social issues to develop the appropriate terms and conditions of transactions, ensuring compliance with applicable rules, regulations and Bank policies;
• Participate in project appraisal missions and reviews project concept notes, project appraisal reports, draft board resolutions and assist in preparing projects for presentation to the Board of Directors;
• Provide legal support for the implementation and monitoring of projects/transactions post-financial close including advising on waiver requests, consents and approvals and project work-outs amongst others;
• Liaise with co-lenders/investors, partners and external counsel as appropriate;
• Assist the Division Manager in coordination and quality control of the legal services provided by the Division.
• Undertake such other assignments as required by the Division Manager, Private Sector Operations or the General Counsel.

Selection Criteria
Including desirable skills, knowledge and experience:

• Hold at least a Master's or equivalent degree in Law, 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 seven (7) 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.
• 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 partnerships 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, organisation 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.
• Ability to apply legal knowledge to deliver full scope of strategic Legal services in line with the Bank’s strategy requirements.
• 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 lead independently and supervise a multicultural team.
• Ability to be flexible, open minded with integrity.
• 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 asset.