General Counsel Greater Bridgetown, Barbados Area

General Counsel

Job Purpose

The General Counsel is responsible for directing the affairs of the Legal Services Division in providing advice on the interpretation of the BRA Act and regulations and other related pieces of legislation so that the legal framework at all times supports tax policy, and provides the BRA with the necessary powers to execute its mandate to collect revenue on behalf of the GoB. The jobholder is also responsible for providing general legal services for the administration of the BRA as well as board secretarial services to the Board of

Directors and its committees.

As a member of the Executive Management team the job holder is expected to participate in crafting the vision, mission, values and strategic direction of the organisation as well as to demonstrate strong business ethics in the execution of corporate and personal affairs and at all times strive to project and maintain a positive corporate image in keeping with the values of the BRA.

In addition, the job holder is expected to establish and maintain effective relationships/contacts with the courts, key industry stakeholders, relevant professional bodies and organisations and keeps abreast of trends and developments in tax and revenue administration as well as general development in the legal fraternity to support the work of the BRA.

Main Duties & Accountabilities

1. Development and Performance Management

1.1. Lead the development of the corporate plan for the legal services function; train and mentor the other members of the team; monitoring performance and recommending corrective actions where necessary to achieve established objectives.

1.2. Develop and review operational systems and procedures to guide the functions of the department, ensuring the necessary organisational infrastructure is in place to support successful execution of plans.

1.3. Periodically review tax laws in consultation with the executive and core technical teams, identifying areas requiring changes and making recommendations for amendments as necessary; prepare drafting instructions or amendments for approval; follow-up with the Attorney General to facilitate the process of review through to final approval by Parliament.

1. Legal Opinions and Legislative Review

2.1. Provide legal opinions on the application of various laws administered by the BRA, offering general legal advice on policy, administrative, and operational issues to the Board of Directors, management, and staff; provide legal protection through sound counsel and advice.

2.2. In collaboration with the Policy and Planning Unit, review proposals for Double Tax Treaty agreements with other countries, participating in the preparation of the Draft Treaty as the basis of negotiation and participating in negotiations as required.

2.3. Provide guidance to the other teams within the BRA, ensuring they operate within the framework of the law.

1. Representation and Litigation

3.1. Represent or oversee the representation of the BRA at Tribunal and court hearings, case management conferences, and negotiate settlements where necessary.

3.2. Initiate and monitor litigation proceedings against delinquent taxpayers, providing guidance to attorneys within the BRA or briefs to instruct litigation external Attorneys in respect of any suits to be filed by the BRA and accepting service of legal documents on the BRA.

3.3. Represent the BRA at local and international fora as required, ensuring effective representation and advocacy.

1. Board Responsibility

4.1. Maintain and safeguard official and legal corporate records, documents and reports; file reports, statements and information as required by law; maintain custody of the corporate documents and affixes the corporate seal as required.

4.2. Arranges meetings of the Board of Directors and its Executive Committees; prepares appropriate documents, resolutions, notices and agenda and records minutes of meetings.

4.3. Coordinates the preparation and dispatch of Board minutes. Ensures timely dissemination of Board decisions, follow-up and ensures timely feedback where required.

4.4. Represents the BRA on government and non-government committees as required to present the BRA view on matters affecting the administration of taxes.

4.5. Provides leadership and guidance to direct reports through effective planning, delegation, communication, and coaching for the achievement of departmental objectives and enhancement of their professional and/or personal development.

4.6. Ensures the welfare and developmental needs of staff in the Department are clearly identified and addressed to ensure the maintenance of a cadre of highly motivated and productive employees within the division.

1. Legal Support for Other Departments

5.1. Develop and maintain relationships with other departments within BRA, particularly Collections and Enforcement, Human Capital, Finance and IT.

5.2. Provide general advice and guidance to the other departments on various matters that affect the work they are doing, e.g. land tax auctions, development of procedures and standards, enforcement action through the court system.

5.3. Prepare records, documents, reports and statements as needed.

5.4. Attend meetings to provide support on any legal issues that may arise.

1. Prepare Contracts and General Advisory Work

6.1. All contracts, agreements, memoranda of understanding and similar documents should be prepared by or reviewed and vetted by the OCG before BRA enters into any binding commitments.

6.2. Review and comment on any international obligations that BRA is undertaking or may be affected or bound by

6.3. advice on general legal developments in non-tax areas arising either locally or internationally that may have an impact on anything that the Authority is doing, e.g. money laundering and financing of terrorism; trade arrangements, court or tribunal decisions in other jurisdictions.

Requirements

Qualification & Experience

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Bachelor of Laws Degree (LLB) from a recognised university.

Certificate in Legal Education from a recognised institution.

An Attorney-at-Law with certificate of enrolment to the Barbados Bar

At least (7-10) seven-ten years’ post-qualification experience as an Attorney.

At least (3) three years’ experience in the drafting of legislation would be an asset.