Chief Legal Counsel, Private Sector Operations at African Development Bank

THE POSITION:

The Chief Legal Counsel 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, conceives and supervises the negotiation of complex legal documents of all private sector operations. Furthermore, the job holder will be primarily responsible for providing legal support to the SNOU in respect of complex non-performing portfolio transactions.

KEY FUNCTIONS:

Under the overall supervision of the Division Manager Private Sector Operations, the Chief Legal Counsel will be a team leader in the Division and will assist the Division Manager in coordinating and supervising the work of the Division. He/she may be requested to assume management functions in the absence of the Division Manager. In particular, he/she will undertake the following Key Responsibilities:

• Provide legal support to the SNOU in respect of complex non-performing transactions to develop practical, innovative and creative restructuring and workout solutions for complex infrastructure projects (including power projects, toll roads, airports, ports, oil & gas and mining, amongst others), and advising on distressed investments and non-performing loans, while ensuring compliance with applicable rules, regulations and Bank policies;
• 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 the project approval process and appraisal missions, review 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; and
• Perform such other assignments and duties in furtherance of the Legal Department's mandate as may be assigned by the General Counsel and/or the Division Manager.

COMPETENCIES (skills, experience and knowledge)

• Hold at least a Master's 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 professional experience with an established international law firm or in the legal department of a bank, an investment fund or an international financial institution, with proven technical competence and experience in major international banking and/or corporate transactions (e.g. project finance transactions, cross-border M&As, investment funds, trade finance etc.), preferably with a specialization in restructuring and workouts, cross-border insolvency and bankruptcy, distressed debt and asset resolution with a focus on infrastructure projects.
• 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. 
• 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.

THIS POSITION IS CLASSIFIED AS INTERNATIONAL RECRUITMENT AND ATTRACTS INTERNATIONAL TERMS AND CONDITIONS OF EMPLOYMENT.