Description
Do you want to build a career that is truly worthwhile? Working at the World Bank Group provides a unique opportunity for you to help our clients solve their greatest development challenges. The World Bank Group is one of the largest sources of funding and knowledge for developing countries; a unique global partnership of five institutions dedicated to ending extreme poverty, increasing shared prosperity and promoting sustainable development. With 189 member countries and more than 120 offices worldwide, we work with public and private sector partners, investing in groundbreaking projects and using data, research, and technology to develop solutions to the most urgent global challenges. For more information, visit http://www.worldbank.org
Promoting good governance and tackling corruption are critical to achieving sustainable development and poverty reduction. Diversion of funds from development projects through corruption impairs the ability of governments, donors, and the World Bank (Bank) to achieve the goals of reducing poverty, attracting investment, and encouraging good governance. One way that the Bank combats corruption is through the use of administrative sanctions against firms or individuals that have engaged in fraud, corruption, coercion, collusion, or obstruction (Sanctionable Misconduct) in connection with Bank-financed projects. The Bank’s administrative sanctions regime is designed to protect the funds entrusted to the Bank, while offering the firms and individuals involved an opportunity to respond to the allegations against them. As the first tier of the Bank’s two-tier sanctions process, the Office of Suspension and Debarment (OSD) plays a critical role in ensuring the efficient, effective, and fair disposition of the Bank’s sanctions cases.
Allegations that a firm or individual has engaged in Sanctionable Misconduct in connection with a Bank-financed project are investigated by the Integrity Vice Presidency (INT). If INT believes there is sufficient evidence to substantiate the allegations, the case is referred to OSD for review by the Bank’s Chief Suspension and Debarment Officer (SDO). The SDO reviews the evidence submitted by INT and determines if the evidence supports a finding that the alleged Sanctionable Misconduct has occurred. If so, the SDO issues a Notice of Sanctions Proceedings to the firm or individual alleged to have engaged in the Sanctionable Misconduct. This Notice includes the allegations, the evidence and a recommended sanction. The SDO also determines whether the firm or individual will be temporarily suspended from eligibility for new Bank-financed contracts pending the final outcome of the sanctions process.
The firm or individual can choose not to contest the allegations or the recommended sanction, in which case the recommended sanction is imposed. If the firm or individual does contest the allegations or the recommended sanction, the case is referred to the Sanctions Board – the second tier of the Bank’s two-tier sanctions process. The Sanctions Board considers the allegations in the Notice, along with any response from the firm or individual, before taking a final decision. The Sanctions Board reviews all of the evidence in the case de novo and may hold a hearing as part of its deliberations.
The Bank’s Sanctions Procedures provide for five possible sanctions: (i) debarment (i.e., a declaration of ineligibility to receive new Bank-financed contracts); (ii) debarment with conditional release; (iii) conditional non-debarment; (iv) a public letter of reprimand; and (v) restitution.
Roles and Responsibilities:
OSD is seeking to recruit a Counsel (Sanctions) who will support the SDO in the performance of the office’s core functions related to the review and disposition of sanctions cases. The Counsel (Sanctions) will also represent OSD in discussions with other Bank Group units regarding the sanctions process. This position requires rigorous analytical skills, attention to detail, and a demonstrated ability to work harmoniously in a team and consistently exercise good judgment. The level and quality of these skills will be a determining factor in selection for the position.
Working under the direction of and reporting to the SDO, the duties and accountabilities of the Counsel (Sanctions) will include, but will not be limited to, the following:
• Provide high quality advice to the SDO in connection with the review and disposition of sanctions cases in accordance with the Bank’s Sanctions Procedures;
• Draft litigation-quality materials (including case determinations and OSD portions of Notices of Sanctions Proceedings) and related documents (including internal and external correspondence) in connection with the review of INT materials and issuance of Notices of Sanctions Proceedings and the review of respondents’ submissions;
• Research relevant Bank Group sources including past sanctions cases and the legislative history of sanctions reform, as well as comparable sources in major national and transnational jurisdictions;
• Under the SDO’s guidance, represent OSD in discussions with other Bank Group units regarding the Bank’s sanctions regime and related policies;
• Provide conceptual input and coordinate, under the SDO’s guidance, the ongoing development of internal OSD policies and procedures relating to case management and processing, case-related communications, internal and external correspondence, and the handling of sensitive information;
• Monitor compliance with the applicable policies and procedures (including the Bank’s Sanctions Procedures and the other constituent documents relating to the sanctions process), including all applicable time limitations and requirements of confidentiality;
• Assist, as necessary, with the development of OSD information systems and the creation of new tools for reporting case activity and case taxonomies;
• Contribute to the implementation of the OSD communications strategy, including assistance with the design and delivery of briefing and training materials and programs for Bank Group staff members and selected external audiences;
• Contribute to working groups on topics related to the Bank Group’s sanctions system, and collaborate within teams across various units of the Bank Group;
• Perform any other tasks necessary for the successful operation of OSD, as per the direction of the SDO.
Selection Criteria
• Graduate or post-graduate law degree (JD, LLB, or equivalent).
• Qualification to practice law in at least one jurisdiction (admission to the Bar or equivalent).
• A minimum of five (5) years of relevant legal experience (experience with judicial clerkship, international organization, leading international law firm, national government, or in-house corporate counsel positions is highly desirable).
• Familiarity with the Bank Group’s sanctions system, and particularly OSD’s operations and policy framework.
• Proven ability to conduct and coordinate comprehensive research on a range of issues, including those of a unique and complex nature.
• Ability to analyze large volumes of documents to identify key issues and prepare a clear, concise, and comprehensive analysis.
• Excellent writing skills and proven ability to draft complex litigation-quality documents in English, with extensive attention to detail.
• Ability to provide, on request, a writing sample on a legal topic.
• Educational or professional experience in one or more of the following: corporate law, anticorruption, public procurement, corporate compliance, litigation/international arbitration, or analogous dispute resolution processes.
• Knowledge of comparable administrative systems in national and transnational jurisdictions, as well as those of other multilateral development banks.
• Knowledge of the major national and international anticorruption instruments, as well as recent enforcement patterns.
• Strong analytical and problem-solving skills, with a demonstrated ability to anticipate, identify, and analyze legal and policy issues and propose sound, reliable, and creative solutions.
• Proven ability to communicate at a superior level in English, orally and in writing, including on difficult and complex issues and positions, to senior Bank Group management, Bank Group operations staff, and other key players inside and outside of the Bank Group.
• Proven ability to clearly and concisely prepare, present, discuss, and defend findings and recommendations at senior levels and to produce complex and compelling reports, memoranda, and papers, often on very short notice.
• Proven ability to work in interdisciplinary task teams/working groups across organizational boundaries, including with senior officials, both internally and externally.
• Excellent interpersonal skills, including a proven ability to deal sensitively in multicultural environments and build effective working relationships with colleagues.
• Established reputation for integrity, sound judgment, fairness, and discretion, particularly in handling confidential materials.
• Educational or professional experience in both civil law and common law jurisdictions is desirable, but not essential.
Competencies:
• Lead and Innovate: Applies critical thinking to current approaches, identifies areas for improvement and tries new solutions that drive results. Considers own behavior in context of WBG’s values and mission and recognizes impact one has on others. Operates in ambiguity and changing needs and supports others to do the same.
• Deliver Results for Clients: Sets challenging goals that align with the WBG mission and seeks continuously for further improvements. Understands clients’ most pressing challenges and contributes to solutions. Takes personal responsibility for producing high-quality work; identifying and informing of risks; and delivering results for clients.
• Collaborate within Teams and Across Boundaries: Keeps others fully informed to ensure integration and consistent work output. Displays a sense of mutuality and respect. Approaches conflicts as common problems to be solved. Seeks and listens to others’ input to inform own decision-making and openly shares information. Frames thinking/actions with a WBG corporate perspective in mind.
• Create, Apply, and Share Knowledge: Contributes to the departments and WBG’s body of knowledge by applying lessons learned and expertise. Actively invests in own knowledge and seeks feedback. Builds personal and professional networks within and beyond the work group.
• Make Smart Decisions: Seeks and analyzes facts, data, and lessons learned to support sound, logical decisions regarding own and others’ work. Applies cost-benefit analysis to meet work program objectives. Contributes to decision-making by providing relevant risk-analysis. Shows initiative when necessary, and makes decisions in a timely manner within own area of responsibility.
General Provisions:
1. OSD personnel must sign and remain bound by the terms of the standard OSD confidentiality agreement.
2. OSD personnel must follow appropriate OSD protocols when handling all documents relating to sanctions proceedings.
3. OSD personnel are not authorized to provide legal advice to the Bank, but rather shall refer legal issues (including, but not limited to, any legal issues that involve the Bank’s legal status, possible court litigation or potential privileges and immunities) to the Legal Vice Presidency.
World Bank Group Core Competencies
The World Bank Group offers comprehensive benefits, including a retirement plan; medical, life and disability insurance; and paid leave, including parental leave, as well as reasonable accommodations for individuals with disabilities.
We are proud to be an equal opportunity and inclusive employer with a dedicated and committed workforce, and do not discriminate based on gender, gender identity, religion, race, ethnicity, sexual orientation, or disability.
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