About the position
JOB PURPOSE
To assess and coordinate non-compliance matters arising from FIC supervision, including reviews and inspections, and to recommend appropriate remediation or enforcement action in terms of the Financial Intelligence Centre Act, 2001
KEY PERFORMANCE AREAS
- Correctly evaluate and assess the seriousness and extent of non-compliance with the provisions of the FIC Act, arising from FIC supervision, including the strength and admissibility of evidence as contained in an inspection report.
- Draft remediation directives in matters not referred for administrative sanction, and draft administration sanction notices with the view to ensuring effective, proportionate and dissuasive enforcement, in terms of the FIC Act.
- Present post inspection remediation action by directive to the Enforcement Manager for approval.
- Present administrative sanction matters to the FIC Adjudication Panel and/or Director of the FIC, including oral and written arguments on the merits of the matter.
- Monitor and report on all historic and current administrative sanctions issued and payments received, and progress regarding civil recovery of financial sanctions imposed.
- Draft all pleadings and heads of arguments in an appeal lodged with the FIC Appeal Board, and argue the appeals
- Provide assistance and support in respect of matters referred to the High Court of South Africa.
- Monitor and report on the supervision and enforcement of the FIC Act by supervisory bodies Assist in providing guidance, advice and training on the supervision and enforcement of the FIC Act.
- Attend and respond to correspondence relating to supervision and enforcement.
- Respond to public queries relating to enforcement.
- Conduct legal research.
- Draft cogent, legally sound and persuasive arguments and opinions.
- Deliver on operational goals and tasks with minimal supervision.
- Assist the Manager of Supervision and Enforcement in giving effect to the aims and objectives of the Supervision and Enforcement Unit as these objectives and processes evolve.
- Coach, mentor, guide and review the work of others
EDUCATION, SKILLS AND EXPERIENCE
Education
- LLB Degree (B.Iuris LLB, B.Proc, BA Law (with law major) LLB, BCom Law (with law major) LLB ( NQF level 7)
- Admitted attorney and/or advocate.
- Qualifications in anti-money laundering risk, combatting terror and proliferation financing risk and compliance management would be advantageous.
Skills
- Strong litigation skills.
- Proven criminal and/or civil procedure knowledge.
- Knowledge of the FIC Act and international anti-money laundering standards.
- Exceptional legal drafting and advocacy skills.
- Good verbal communicator.
- Proven interviewing, interpersonal and problem-solving skills.
- An intermediate to advanced level of computer literacy, including MS Word, MS Excel, MS Power Point.
- A high level of judgement and integrity.
Experience
- At least 8 years' (including articles) relevant experience in prosecution and civil litigation, as well as appeals and reviews, in lower and higher courts, and administrative tribunals, regulatory enforcement, supervision, compliance under the FIC Act, or a similar legal/regulatory environment.
- The prospective candidate should have an advanced understanding of administrative law and enforcement;
- Possess exceptional writing and legal drafting skills and must have both criminal and civil litigation knowledge with proven experience in drafting civil pleadings and arguing appeals and reviews.
- Be a good verbal communicator with proven interviewing, interpersonal and problem-solving skills;
- A high level of judgement and integrity is crucial for this position.
