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 81 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 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 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, participation arrangements, project finance transactions, syndicated loans, direct equity investments, private equity, trade finance transactions and balance sheet optimization operations relating to non-sovereign loans, amongst others.
THE POSITION:
The Division Manager – Private Sector Operations ensures compliance with the various policies and regulations of the Bank related to private sector operations.
KEY FUNCTIONS:
Under the direction and supervision of the General Counsel, the Division Manager supervises, manages the work of the Counsels in the Division. He/she ensures the mentoring of staff under his/her supervision, the correct interpretation of, and compliance with the various Policies, Personnel, Procurement and Administrative Rules and Regulations of the Bank, as well as carries out the day-to-day administrative management of the Division. In this regard, he/she:
- Interprets texts of the Bank concerning non-sovereign and other operations of the Bank.
- Ensures quality control as well as compliance with the Bank’s policies and procedures with respect to the provision of legal services in all aspects of the non-sovereign operations of the Bank.
- In consultation with the General Counsel, conceives and prepares the budget of the Division and controls the general administrative, strategic policy directions and orientations of the Division.
- Handles certain legal issues of a complex and confidential nature in accordance with the instructions from the General Counsel and other Senior Management Staff of the Bank;
- Assures the quality control of the work of the Division from the technical, administrative and resources point of view, as well as establishes the priorities of the Division and resolves any conflicts that may arise among subordinates.
- Ensures quality control, coordinates and harmonizes the work of counsel in the Directorate General Hubs, as the case may be.
- Evaluates staff performance and provides Human Resources with necessary information on staff confirmation following probationary period and contracts renewals.
- Assigns work in the Division among counsel and ensure the selection and management of external counsel to be engaged, as and when needed, by the General Counsel.
- Coordinates the work products of each counsel with that of the operational complexes and/or other complexes of the Bank.
- Supervises the reviews and comments made by counsel on project concept notes as well as the contribution by counsel in any legal aspect and the structuring of projects.
- Supervises counsel’s work on project appraisal reports and the drafting of Board’s resolutions and participates in meetings of the Board of Directors including any pre-Board consideration before the Operations Committee .
- Oversees the conception and review by counsel of legal documentation, including term sheets, loan agreements, common terms agreements, inter-creditor agreements, security documentation, assignment agreements, shareholder agreements, subscription agreements, information memoranda, as well as other documentation depending on the nature of the project and the type of financing.
- Supervises the review of all project contracts, including development or construction contracts, supplier agreements, concession agreements, joint venture agreements, management agreements, stockholder agreements or other project documentation.
- Ensures the active participation of counsel in the Division in the negotiation of all matters pertaining to the legal documentation and other issues that may have legal implications or repercussions on non-sovereign operations.
- Takes the lead in reviewing the documentary evidence submitted towards the fulfillment of the conditions precedent after the financing agreement has been agreed and signed, as well as supervises counsel in regard to this task.
- Supervises the review of any demand for waivers or amendments (including ensuring that the internal procedures for approval of waivers and amendments are met) and the resolution of any issues that arise during the implementation of non-sovereign operations.
- Oversees counsel’s work on projects under portfolio management and projects at risk and non-performing in the rehabilitation process to secure and recover the Bank’s assets when rehabilitation is not feasible.
- Carries out such other duties as may be assigned by the General Counsel.
COMPETENCIES (skills, experience and knowledge)
- A minimum of Master’s 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.
- A minimum of eight (8) years of relevant experience in similar jobs, preferably in a Multilateral Development Bank.
- 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 developments 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 programmes 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.
- 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 partnerships with a broad range of clients and deliver results that meet the needs of the General Counsel and Legal Services Department’s work programme.
- Competence in the use of technological Systems (preferably SAP) and standard MS office applications (Word, Excel, Access and PowerPoint).
- Excellent written and verbal communications in English or French, with a good working knowledge of the other language.
THIS POSITION IS CLASSIFIED AS INTERNATIONAL RECRUITMENT AND ATTRACTS INTERNATIONAL TERMS AND CONDITIONS OF EMPLOYMENT.