Opportunity

Director, Legal (General Counsel)

Millennium Challenge Account (MCA) – Mongolia Ulaanbaatar, Mongolia

Vacancy ID: 7696

Closing Date: 17.00 ULAT, October 26, 2018

About MCA-Mongolia

The Government of Mongolia (“Government”) seeks a qualified Director, Legal (General Counsel) to serve as the principal legal officer for the management team and the Board of Directors of MCA-Mongolia, a new special purpose entity to be known as the Millennium Challenge Account – Mongolia (“MCA-Mongolia”).  The Government will shortly establish MCA-Mongolia in the form of a non-profit state-owned enterprise to oversee the implementation of the Mongolia Water Compact (the “Compact”), a large-scale international development assistance program funded by the Millennium Challenge Corporation (“MCC”), a United States Government agency that provides grant assistance to help partner countries promote economic growth and reduce poverty.

The Compact aims to increase the long-term sustainable supply of water to Ulaanbaatar and stem the impact of an impending water crisis. The Compact will expand the supply of water to residential consumers and commercial and industrial users in Ulaanbaatar through:

  • The construction of new groundwater wells downstream from Ulaanbaatar and introduction of a state-of-the-art advanced water purification plant;
  • The construction of a new wastewater recycling plant and pipelines to provide high-quality treated water to large-scale industrial users;
  • Policy reforms, capacity building, and technical assistance to improve the long-term sustainability of Ulaanbaatar’s water supply.

MCA-Mongolia will oversee the implementation of these investments on behalf of the Government and in compliance with the guidelines and standards of MCC.

The Role

Main Tasks: The General Counsel serves as the principal legal officer for the management team and the Board of Directors of MCA-Mongolia. In this capacity, the General Counsel develops and provides policy advice and opinions on a wide range of legal matters. The General Counsel also serves as the corporate secretary to the Board of MCA-Mongolia. The General Counsel reports to the Chief Executive Officer (CEO) and manages one dedicated, full-time staff.

DUTIES and RESPONSIBILITIES

  • Manage and lead the development, assessment, and provision of advice on all legal matters to the staff, management team and board of MCA-Mongolia, including all issues that affect the internal operations of MCA-Mongolia, such as records management; procurement law; commercial and government contracts; and corporate governance, along with any other legal issues, as they arise from time to time.
  • Lead the preparation and negotiation of employment agreements and advise the hiring officials, the Chief Executive Officer (“CEO”) and the Board of Directors of MCA-Mongolia regarding employment matters.
  • Manage the drafting, review, and preparation of contracts and other agreements and lead the negotiation on any contracts or other agreements to be executed by MCA-Mongolia.
  • Take all necessary measures to ensure that MCA-Mongolia complies with its obligations under its by-laws or governance documents; the compact, supplemental agreements, or any other agreements entered into under or in furtherance of the Compact, and any applicable regulations and laws, and advise public agencies and ministries, the Cabinet, and the legislature of the Government’s responsibilities under the Mongolia Water Compact.
  • Support the identification of and handling of situations that involve fraud, corruption and/or conflicts of interest. Coordinate training and advice on MCC policies and applicable laws, regulations and other policies relevant to the prevention, detection, and correction of fraud and corruption. Coordinate training and advice on matters of ethical behavior, including the avoidance of conflicts of interest and policies governing confidentiality and transparency.
  • Develop and implement procedures for regular meetings of the Board of Directors and ensure that such meetings comply with the requirements its by-laws or governance documents; the compact, supplemental agreements, or any other agreements entered into under or in furtherance of the Compact, and any applicable regulations and laws.
  • Lead the development of a records management policy and protocol and take all necessary measures to ensure that MCA-Mongolia identifies and retains all records accordingly.
  • Support the recruitment of a well-qualified attorney to support all legal work; lead and manage his/her day-to-day work; and build his/her capacity through targeted training, professional development and performance management.
  • Determine the need for additional legal experts and recommend tasks to be outsourced to an outside counsel, and manage such outside counsel.
  • Represent, or manage the representation of, MCA-Mongolia before regulatory bodies, administrative organs, courts, and in arbitration and other proceedings.
  • Represent MCA-Mongolia in the media, at public events and in stakeholder outreach and perform other tasks, as assigned by the Chief Executive Officer (“CEO”) or Deputy Chief Executive Officer (“Deputy CEO”).

EVALUATION CRITERIA

Education:

  • Bachelor’s degree in law. Juris doctor, Master’s of law (LLM), or other advanced degree preferred.

Work Experience:

  • Eight (8) years or more of prior experience working at a law firm or as legal counsel, including experience managing or supervising other attorneys. Experience as in-house counsel and experience in a law firm or as a legal counsel in Mongolia preferred. 
  • Demonstrated knowledge of and experience with the application of Mongolian regulations and laws to contract, corporate, construction, employment, and procurement issues.
  • Experience in international commercial transactions, project financing, or structured financing preferred, including experience with transactions that involve foreign investors, foreign governments, or foreign investors working with the Government.
  • Experience advising entities in negotiating, executing, and implementing international agreements with foreign governments. Experience with projects funded by the US Government preferred.
  • Experience in administering or providing advice regarding tax exemptions under Mongolian law.
  • Experience working as or with a corporate secretary on governing board and corporate governance, compliance, and record keeping matters preferred.
  • Demonstrated ability to coordinate complex activities among various Government agencies.

Communication and Languages

  • Demonstrated ability to communicate effectively (in English and Mongolian), both orally and in writing. English language proficiency at ILR Level 3 or above is preferred.

CORE COMPETENCIES:

  • Dynamic and experienced leader with significant experience in a corporation, government agency or philanthropic entity and a proven track record for effective team management and results-driven leadership;
  • Accomplished in developing, motivating and supporting teams, including coaching and creating development opportunities to maximize production and quality of work and achieve goals;
  • Organized and results oriented, with ability to translate Compact strategy and objectives into tasks and work plans;
  • Confident in making structural or organizational changes as needed to move the work forward and meet the needs of the situation;
  • Skilled in building consensus among employees and developing strong relationships with outside stakeholders;
  • Accountable for achieving results that have a development impact and promote financial, environmental and social sustainability;
  • Able to identify and propose solutions to mitigate and manage risks;
  • Strong negotiator;
  • Efficient in understanding new issues quickly and making well informed decisions;
  • Able to inspire confidence and create trust;
  • Able to work under pressure, plan personal workload effectively, and delegate work to subordinates;
  • Skilled in analysing facts and data to support sound, logical decisions regarding own and others’ work.

TO APPLY

If you wish to be considered for this position, please forward a copy of your CV and a supporting letter in Microsoft Word format, along with any relevant documentation to [email protected] on or before the October 26, 2018 or submit your application via the "Application Form" portal below. All information will be in the strictest confidence as we pride ourselves on our professional service. We will revert to you as soon as feasible when we have reviewed your application.

We are encouraging all interested parties to apply for the role.  Selection process will be based on merit on the required experiences for all vacancies.  Qualified applicants will receive consideration for employment without regard to race, ethnicity, religion, sex, national origin, or disability.  No fees will be paid to MCA- Mongolia or any of its agents at any stage of the recruitment process (application, interview, processing, training fees or other).

For a more detailed information about the role including the recruitment process, kindly access the Executive Brief by cutting and pasting the following link to your browser:

https://www.dropbox.com/s/yxwvuj2vvdodduh/Executive%20Brief_MCA%20M%20Director%2C%20Legal%20%28General%20Counsel%29.docx?dl=0

SRI Executive (www.sri-executive.com) is assisting the Government of Mongolia in its search for an exceptional candidates for MCA-Mongolia. SRI Executive operates under a contract provided by MCC.  SRI Executive is supported by our local partner Specialized Career Consulting (SCC) in this recruitment initiative

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