General Counsel & Legal Services Department
Role
The General Counsel and Legal Services Department (GECL) provides legal services and advice to the statutory organs of the Bank and the Fund, and for the administration of the Bank, as well as its operations and financial activities. GECL ensures that the Bank Group’s activities and operations are consistent with the constitutive documents and other legal instruments of the Bank Group institutions; comply with Bank Group policies, and as appropriate, with the norms and principles of international and commercial law and the best practices of international development banking.
GECL functions under the direction of the General Counsel who provides independent advice to the Boards of Governors, the Boards of Directors and to the President.
Reporting Relationships
The General Counsel reports directly to the President on all matters; and supervises:
- the Division Manager of the Operations Division; and
- the Division Manager of the Finance and Administrative Affairs Division.
Principal Activities
Operations Affairs Division (GECL.1)
The Operations Division’s main activities are to provide timely and sound legal services to Management and Staff in connection with the legal aspects of the Bank Group’s loans, grants and related operations throughout all the stages of the project cycle. These activities are detailed as follows:
- draft, vet, review, negotiate and provide advice on the implementation of all agreements, contracts and other formal arrangements for operational activities of the Bank Group with members and non-member states, international organizations and governmental and non-governmental entities;
- provide legal service and assistance for loans, grants and related operations of the Bank and the Fund, throughout the identification, preparation, appraisal, supervision and post-evaluation stages;
- draft, amend and negotiate loan, equity participation, grant and other financing and co-financing agreements with other multilateral and bilateral financial institutions as well as private financial institutions and related arrangements, and advice on the execution and entry into force of such agreements and arrangements, including the review of legal opinions and other legal documents submitted in fulfillment of loan conditions;
- provide legal services and technical assistance to regional member states and to regional and sub-regional institutions in connection with matters pertaining to the purpose, functions and activities of the Bank and to developmental issues and activities in general; and
- provide legal services and assistance for negotiating and implementing bilateral and multilateral cooperative arrangements, including the drafting, reviewing and negotiation of agreements, contracts and all related legal documents and instruments.
Finance and Administrative Affairs Division (GECL.2)
The Finance and Administrative Affairs Division’s main activities are to provide timely and sound legal services to Management and Staff in connection with the legal aspects of the Bank’s corporate organization, personnel and administration issues, borrowing and other forms of resource mobilization operations, the acquisition of goods and services for the Bank and all other matters pertaining to the functions and responsibilities of Organizational Units of the Bank. These activities are detailed as follows:
- provide legal advice and assistance; draft, vet and revise legal documentation relating to the Bank Group’s organization, structure and administration and the Bank’s and the Fund’s relationship with international organizations and member and non-member states, including matters pertaining to the privileges, immunities and exemptions of the Bank and the Fund and those enjoyed by officers of the Bank, its employees, experts and consultants;
- provide legal services in the negotiation and finalizing of legal instruments of co-operation between the Bank and the Fund and bilateral and multilateral partners;
- Provide legal services and assistance for borrowings and other resource mobilization activities of the Bank and the Fund; including preparing, reviewing, revising, amending, negotiating and implementing borrowing contracts and related documents and instruments;
- provide legal services and advice in connection with the investment of the liquid assets of the Bank and the Fund and the development of new lending products, including participating in the design of such products;
- provide legal services and assistance to the General Counsel for the replenishment of the resources of the Bank, the Fund and the Special Funds administered by the Bank, including preparing and reviewing legal documents relating thereto or pertaining to subscription and payments there under;
- provide legal services and assistance in connection with the acquisition of goods and services for the Bank, including preparing, reviewing, amending and negotiating all contracts;
- provide legal services and assistance in connection with all administrative and human resources management matters of the Bank, including the drafting, reviewing and amending of all contracts and legal documents and advising on all legal questions relating to administrative and personnel matters.
