Assistant Director, Legal & Enforcement

Job Title: Assistant Director, Legal & Enforcement

Incumbent: Vacant

Unit: Legal & Enforcement

Reports To: Director, Legal & Enforcement (DLE)

Term of Appointment: Contract/Permanent

Approved by: Director General

Date: Last updated 7^th May, 2024

Job Summary:

The Assistant Director, Legal & Enforcement (AD) will have oversight of the day-to-day operations of the Legal and Enforcement Department and will report to the DLE. The AD will provide support to the Legal and Enforcement Department (LED) of the Financial Services Commission (the “Commission”) in the execution of duties for which the Department has direct charge. The AD must display the attributes and values of the Commission and provide support to the Director General, LED, and all other departments/units in the preparation of legal advice, and legal opinions, as necessary. The AD will assist in preparing legal documents as necessary for the Commission and must have a sound knowledge of company and corporate law,  familiarity with securities law is an asset but not a requirement. In addition to liaising and engaging all stakeholders pertinent to the execution of his/her functions, the AD will be supporting the Commission in the development and/or amendments of legislation and other documents pertinent to the legislative and regulatory framework.

Principal Duties & Responsibilities:

General:

• Participate in various technical working groups, cross functional teams, and assist in the oversight of Exchange of Information and other obligations under various international conventions and agreements.
• Represent the Commission on the Company Law Review Committee;
• Liaise with Attorney General’s Ministry on issues pertaining to the drafting of legislation and all other relevant legal matters;
• Represent the Commission in litigation matters, as required from time to time;
• Monitor the progress of legal action filed by or against the Commission and the various units;
• Where external legal counsel is retained, instruct such counsel as to the interest of the Commission and the units;
• Prepare documents as required for enforcement actions, administrative penalties, and the  Appeal  Panel.
• Provide guidance and mentoring to the Legal Officer,
  • Provide training on relevant legislative and legal developments that directly impact the operations of the FSC and the regulation/supervision of licensees of the Commission;
  • Assist the Director General with assessing the consequences of changes in international standards to the financial services sector in Belize;
  • Assist in the monitoring of development of international standards of financial regulation by global financial reporting standard setters and oversight bodies and responses to such developments by other jurisdictions; and,
    • Participate in cross functional teams, committees, and units of the FSC and provide relevant legal advice and support and represent the FSC at internal and external meetings and conferences.

• Provide legal and policy advice to the Director General, FSC Departments, IMMARBE, BCCAR, and BHSFU.
• Review legislation affecting the financial system and/or the operations of the FSC;
• Advise on areas of reform, and take part in legislative reform projects;
• Prepare and vet all legal documents on behalf of the FSC, this includes reviewing and negotiating a wide range of contracts and agreements as may be required.
• Coordinate and prepare responses to EOIRs in compliance with Belize’s obligations under various international conventions and/or agreements.
• Conduct the necessary research, give guidance, and give counsel on legal questions and issues related to the affairs of the FSC to make sure that the FSC is acting in accordance with applicable laws.
• Assist in policy development across the technical areas of FSC in relation to developments on the international regulatory agenda and strategic threats.
• Support the technical areas in respect of the introduction or amendment of legislation, rules, guidance notes, policies and procedures relevant to the work undertaken by FSC;
• To support changes and improvement in required changes to policies, procedures, and working environment.

 Other:

• Any other duties or responsibilities as may be needed from time in time in context with the job and in relation to the work of the Commission or function.

Education/Working Experience:

Education:

• Bachelor of Laws Degree (L.L.B) and Legal Education Certificate (L.E.C.).

 Experience:

• At least 3 years’ experience as a practicing attorney with experience in litigation (preferred);
• Sound knowledge and experience in company and corporate law.

Knowledge, Skills, Abilities and Behaviours:

Fundamental Competencies:

 Computer, Written and Oral Skills:

• To use computer equipment, systems, and software applications such as Microsoft Office and /or other reporting and information management systems
• Ability to generate technical reports; as required. Ability to collect and analyse data;
• To communicate clearly and concisely, both orally; and in writing;

Technical Skills:

• Sound knowledge of commercial and corporate law to assist with the Belize Companies and Corporate Registry;
• Expert knowledge of the processes for the execution of legal actions applicable to enforcement and compliance matters;
• Expert knowledge of FSC’s legislative scheme as well as the sector related laws;
• Ability to share knowledge and expertise whenever needed through training or mentoring;
• To provide guidance and address legal queries;
• To research and articulate recommendations as required.