EXECUTIVE GENERAL COUNSEL FOR MCA-CI (M/F): RANK E
DEPARTMENT/OFFICE/MISSION: Millennium Challenge Account-Côte d’Ivoire (MCA-CI) l JOB NUMBER: 006/MCA-CI / POSTING DATE: June 7, 2018 l CLOSING DATE: July 5, 2018 l COUNTRY: Côte-d’Ivoire
ORGANIZATIONAL FRAMEWORK AND REPORTING LINES
Established in 2004, the Millennium Challenge Corporation (MCC) is a US Government bilateral aid program for low-income countries selected on the basis of performance indicators. The purpose of the program is to implement partnerships with countries that achieve satisfactory performance in three key areas: 1) good governance in public affairs management, 2) creation of an environment conducive to private initiative and 3) commitment of the State to invest significantly in the social sector. The US Government assistance is provided to beneficiary countries as grants to implement a given country investment program known as ”Compact Country” or ”Compact”.
The Government of Côte d’Ivoire and MCC signed a Grant Agreement in Washington DC on November 7, 2017 for a total amount of US $524.74 million. Such Grant, for the Ivorian people, will allow the fulfillment of two (02) major projects:
- Skills for Employability and Productivity Project (US $155 million) which aims to improve the employability of Ivorians and to increase the productivity of the private sector by boosting quality and relevance as well as access to basic and technical skills needed by the private sector;
- Abidjan Transport Project (US $292 million) which aims to increase the competitiveness of Abidjan as the country’s growth pole by enhancing the mobility of goods and people and reducing traffic in the central corridor of the city which connects the port to the northern, eastern and western parts of the country.
Millennium Challenge Account Côte d’Ivoire (MCA-CI), created by Ordinance No. 2017-820 of December 14, 2017, is responsible for the implementation of the Compact on behalf of the Government of Côte d’Ivoire, and will act as an independent management body in implementing the Compact Côte d’Ivoire Program, whose objective is to generate inclusive economic growth and reduce poverty through investments in the projects presented above.
Under the direction of the MCA-CI Chief Executive Officer, the Executive General Counsel will have as main tasks to:
- serve as the principal legal officer and senior policy advisor on legal matters, as well as a technical resource to the MCA-CI Board of Directors, Management Team and other staff;
- assist the corporate secretary to the Board of the MCA;
- manage and supervise subordinate staff (legal firms) and other legal resources as may be necessary for proper functioning of the MCA.
Under the supervision of the MCA-CI CEO, the Executive General Counsel will have as main tasks to:
- Provide or coordinate the provision of legal advice on all issues affecting the internal operations of the MCA, including government contracts and other agreements, third party commercial contracts and other agreements, procurement and fiscal law, and records management;
- Ensure that MCA activities comply with: (1) the obligations of the MCA contained in the Compact and all related agreements or otherwise delegated to the MCA by the Government of Côte d’Ivoire (Government); (2) all agreements entered into under or in furtherance of the Compact; (3) all applicable laws and regulations of Côte d’Ivoire; (4) all of the MCA’s organizational and governance documents, including any law or decree related to the creation or operation of the MCA and the MCA’s bylaws or other governing documents; and (5) any other applicable laws, regulations, policies, and agreements;
- Identify, and advise on, situations that may involve elements of fraud and corruption and/or conflicts of interest in the implementation of the Compact;
- Coordinate training and advice on MCC policies, matters of ethical behavior, applicable laws, regulations and other policies relevant to the prevention, detection, and correction of fraud and corruption, including the avoidance of conflicts of interest and policies governing confidentiality and transparency;
- Advise the Board, the management team, and the staff of the MCA on legal issues and address legal matters as they arise. This may include preparing and submitting reports and other documents on a periodic basis to the Board and the management team that identify any problems (and recommended solutions) encountered in MCA compliance with its obligations or other legal matters;
- Assist as corporate secretary of the Board in developing and implementing procedures for the meetings of the Board, ensuring that Board meetings and actions comply with the requirements of the Compact, all related agreements, and the relevant governing documents of the MCA (including any law or decree related to the creation or operation of the MCA and the MCA’s bylaws or other governing documents) and ensuring all necessary and appropriate records are produced and maintained by the MCA-CI;
- Participate in negotiations, and draft, review, and advise on all types of contracts and other documents to be executed by the MCA-CI;
- Recruit, supervise, and manage junior legal officers and other staff within the MCA, as may be necessary;
- Determine the need for additional legal experts (including outside counsel), identify possible sources for such experts, assist the Procurement Director in the procurement of such experts, provide recommendations on particular legal tasks that should be outsourced to an outside counsel, and manage such outside counsel;
- Perform such other responsibilities that are commonly exercised or incidental to the position of General Counsel or as may be delegated or requested from time to time by the Board or the management team of the MCA-CI;
- Participate in the drafting and review of deliverables required by the terms of the Compact and related agreements to ensure legal sufficiency and the proper and timely delivery of such deliverables;
- Advise the Board and MCA regarding employment matters, including drafting and negotiating employment agreements;
- Provide guidance on legal implications of procurement and financial activities that may be undertaken by the MCA-CI;
- Advise representatives of Government bodies, including ministries, the legislature, and other public agencies, regarding the Government’s responsibilities under the Compact and all related agreements;
- Represent, or manage the representation of, the MCA-CI before courts, regulatory, and administrative bodies, and in arbitration and other proceedings;
- Act as the main liaison between the MCA-CI and MCC on legal matters relating to the implementation of the Compact;
- Perform such other responsibilities that are commonly exercised or incidental to the position of General Counsel or as may be delegated or requested from time to time by the Board or the management team of the MCA-CI.
The candidate should hold:
- Master’s or some Master’s Degree (Bac+5/6) level in Business Law, Public Law, Taxation;
- DESS or specialized Master’s in Law;
- Preferred: CAPA (Professional Lawyer’s Certificate).
The candidate should have:
§ Ten (10) years of relevant experience working at a law firm or as legal counsel in Côte d’Ivoire;§ Knowledge of, and experience with, both international law and the laws of Côte d’Ivoire encompassing a diverse range of legal issues, including contract, corporate, construction, employment, and procurement laws and regulations, especially in transactions or situations involving foreign investors/foreign governments, or experience representing foreign investors in transactions or situations involving the Government;§ Experience in administering or providing advice regarding tax exemptions under Ivorian law;§ Demonstrated understanding of Gender and Social Inclusion approaches; § Previous experience with other donors delivering projects of similar nature and experience in the financial and administrative management of a business or non-profit institution is highly desirable; § Experience in US Government funded projects is a plus;§ Proven supervisory or management experience of multidisciplinary teams (attorneys and other staff) and public relation skills; § Experience advising entities in negotiating, executing, and implementing international agreements with foreign governments;§ Experience working as corporate secretary on governing board and dealing with good governance, compliance, with standards established and record keeping matters;§ Demonstrated ability to coordinate with Government entities to ensure smooth implementation of MCA-CI activities;§ Proven ability to work in a national and international context;§ Demonstrated history of delivering high quality projects and work product on time and within budget. Core competencies
- Dynamic and experienced leader with significant corporate management or non-for-profit institutional experience and a proven track record for effective team management and results-driven leadership.
- Be able to adapt strategy and objectives; making corresponding structural or organizational changes as needed, to move the work forward and meet the needs of the situation.
- Ability to build consensus and relationships among executives, partners, and the workforce.
- Add value by constantly looking for a better way to get more impactful results;
- Set challenging stretch goals for the MCA-CI;
- Understand the various department’s views and perspective by asking probing questions to address unmet needs;
- Demonstrate accountability for achieving results that have a development impact and financial, environmental and social sustainability;
- Identify and propose solutions to mitigate and manage risks;
- Proven negotiation skills;
- Ability to understand new issues quickly and make wise decisions;
- Ability to inspire confidence and create trust;
- Ability to work under pressure, plan personal workload effectively and delegate.
Business Judgment and Analytical Decision Making
- Be able to analyze facts and data to support sound, logical decisions regarding own and others’ work.
Linguistic & computer knowledge:§ Strong computer skills (e.g., MS Office, Internet);§ Excellent written and verbal communication skills in English and French.
APPLICATION FILE§ A detailed Resume (CV); § A dated and signed Cover Letter with salary expectations;§ Copies of diplomas;§ Three (03) professional and three (03) academic references;§ An updated criminal record not older than three (03) months.
POSITION-RELATED ENVIRONMENT AND BENEFITS§ A compensation package at the most attractive levels of compensation systems around the world;§ Excellent working conditions in a positive, satisfying, dynamic and user-friendly international environment;§ For very ambitious future career prospects, wide possibilities for improving knowledge and skills in all areas.
NOTICE TO CANDIDATES
· In accordance with its gender policy, MCC strongly encourages female applicants; · No fees will be paid to MCA-Côte d’Ivoire or any of its agents at any stage of the recruitment process (application, interview, processing, training fees or other);· MCE guarantees that no person complying with the requirements of the offers posted on its website and appearing in other channels may be unfairly dismissed from the recruitment process;· Only candidates with defined profiles and valid documents will be retained for interview.
If you are interested in participating in a program to reduce poverty and increase the income of more than 11,3 million Ivorians, join us by filing your application on our recruitment platform www.mce-afrique.net/recrutementmca-ci or in a sealed envelope with the indication « APPLICATION FOR THE POSITION OF GENERAL COUNSEL FOR MCA-CI » at La Maison des Chefs d’Entreprise (MCE) head office located at 32 rue des Alizés-Zone 4C or at its secondary office in Plateau, Boulevard de la République, opposite of Félix Houphouët Boigny Stadium, Immeuble AVS, 2nd Floor, Door 26/27, no later than Thursday, July 5, 2018 at 6pm GMT.
For further information or in case of difficulties to apply, send an email to firstname.lastname@example.org or contact us on + (225)21 35 17 91; GSM: + (225) 74 20 03 82 / 04 00 02 50.
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