Principal Fixed Income and Treasury Legal Affairs - French speaker

Job Description

Role Purpose:To provide support on the day to day activities of the Fixed Income, Treasury & Institutional Legal Affairs Division (?FITILA Division?) of the Legal department (?LD?) of ICD and ensure the provision of legal services in a timely and efficient manner.The principal objective of the LD is to protect the interests of ICD and to insulate it from all forms of legal risks and liability. The LD ensures that the operations of ICD are conducted in line with the Articles of Agreement of ICD and its relevant internal polices, rules, regulations and guidelines, general norms and principles of international commercial law, applicable law, and best standards and practices of international development financing.The FITILA Division is one of the two main divisions of the LD responsible for providing legal support on activities and operations relating to fixed-income, treasury transactions, andinstitutional affairs of ICD.Key Functional Accountabilities and Activities:Fixed IncomeProvide legal services and assistance with respect to fixed income operations including project finance, PPP projects, corporate finance and lines of finance throughout all stages of the project cycle, beginning from project proposal and initiation to closing and full implementation, portfolio management, workouts and restructuring support of distressed assets and providing general support to ensure that approved projects are implemented properly and efficiently. In particular, the role of the incumbent will include but not limited to the following:

• review and comment on the concept proposals of assigned projects as well as contribute to any legal sections contained therein, and assist in the structuring of the project;
• Prepare legal note and/or comment on the Concept to Review Proposal (CRP) for each assigned project for the attention of the Investment Committee at the concept review stage and participate in the relevant Investment Committee meeting during which the relevant project or investment proposal is presented for concept approval and for commencement of the legal due diligence and appraisal process;
• Participate in the project appraisal process by undertaking required legal due diligence with the assistance of external counsel on assigned projects and taking part in any required mission (if necessary);
• Prepare and /or coordinate and review legal due diligence reports submitted by external counsel and prepare Legal Note on key legal issues for the attention of the Investment Committee at the final review stage;
• Review and assist in finalizing financing proposals and presentations to the Investment Committee of ICD and/or the Executive Committee of the Board;
• Draft and/or review, and assist in negotiating and finalizing all relevant legal documentation (including term sheets, financing and security documents) required for ICD?s financing operations;
• Participate actively in the negotiation of all matters pertaining to the deal structuring, developing appropriate terms and conditions ofthe transaction, the legal documentation and other issues that may have legal implications or repercussions whilst ensuring compliance with all applicable rules, regulations and policies of ICD;
• Review the documentary evidence submitted towards fulfilment of conditions precedent for disbursement post execution of financing document and providing general assistance in relation to disbursements;
• Provide legal support to the Operations Division for the implementation and monitoring of projects or transactions post-financial close including advising on waiver requests, consents and approvals and project work-outs (restructuring/rescheduling amongst others;
• Liaise with co-financiers /investors and partners and where required coordinate the appointment and/or management of external counsel as appropriate;
• Assist RAMU in negotiating, documenting, signing and implementing restructuring/rescheduling terms and conditions in respect of distressed and
• non-performing financed assets; and
• Any other related service that may be assigned from time to time.

Treasury, Capital Market & Sukuk Advisory:

• Provide legal services and assistance for (i) mobilizing resources in the international capital and money markets, (ii) the investment of the liquid assets of ICD, (iii) all activities of the Treasury Department, the Risk Management Department and the Finance Department that require the involvement and advice of legal counsel; and (iv) advisory services in relation to sovereign and corporate Sukuk issuances. In particular, the role of the incumbent will include but not limited to the following: Assist in the preparation/review of Board documents in respect of ICD?s annual resource mobilization program including relevant resolutions.
• Assist in the preparation/review of Board documents in respect of ICD?s annual resource mobilization program including relevant resolutions;
• Assist in drafting /review of legal documents essential for the ICD?s annual resource mobilization program including relevant capital market and transaction specific documents;
• Coordinate with the Treasury Department and other organizational units as part of the legal due diligence to ensure that ICD?s public information disclosures in its capital market transactions meet the applicable legal standards;
• Review and assist in seeking Shariah approval for standard shariah- compliant derivatives /hedging documentation (as updated from time to time in accordance with market and industry practice) for use by ICD in hedging against all forms of risks via appropriate swap and derivatives transactions;
• Assist in drafting /reviewing and advising on any transaction specific hedging/derivative transaction and general documentation pertaining to asset, liability and risk management transactions;
• Advise on legal aspects of cash management, bank account agreements, and contracts for the custody or investment of the ICD?s financial resources;
• Draft legal documents and provide advice concerning membership and subscription to the ICD?s ordinary capital;
• Assist in the implementation of sukuk advisory mandates by dealing with all legal related issues in coordination with external counsel, the sukuk advisory team and the relevant client; and
• Any other related service that may be assigned from time to time.

Litigation & Administrative Proceedings:

• Assist in connection with: (i) the coordination and management of litigation of any nature brought against ICD (including through its own internal dispute recourse mechanisms) either under the umbrella of the IsDB Group Litigation Unit or directly at the level of ICD, (ii) all legal aspects or issues pertaining to or arising from the implementation of ICD?s Articles of Agreement, policies, rules, regulations, guidelines and procedures, (iii) institutional procurement, and (iv) corporate legal issues arising from the interpretation and application of various ICD?s products;
• Assist in conceptualizing, preparing and executing strategies in the defense of ICD in any litigation brought by an external party against ICD;
• Assist RAMU in developing litigation strategy in ICD?s claims and recovery process as and when necessary;
• Assist in initiating, monitoring and dealing with issues pertaining to settlement negotiations, mediations, arbitral proceedings, court proceedings/trials as may be necessary to protect and assert the rights and interest of ICD and the recognition of the privileges and immunities of ICD (under the umbrella of IsDB Litigation Unit);
• Assist in preparing pleadings including claims, defenses, and rebuttals required in any legal and arbitral proceedings involving ICD;
• Assist in preparing legal documents, articles, files, records and reports required in preparing a claim or defending a claim on behalf of ICD;
• Drafting of client and legal correspondence documents relating to any threatened, potential or actual litigations involving or likely to involve ICD; and
• Any other related service that may be assigned from time to time.

Others:Any institutional affairs, advisory and other related matters or services that may be assigned by the Division Manager or Director of the Legal Department from time to time.

Keyskills :