China Legal Counsel

China Legal Counsel



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Job details

2019-12-10 15:48

Job description

China Business Counsel

Report to: Sr. Vice President, General Counsel & Regulatory Affairs

Location: Shanghai, Xujiahui

General Description and Key Responsibilities

General Description:

The China Business Counsel is responsible for providing leadership and oversight of legal and compliance matters in the China, and supporting the General Counsel in administering the Company’s commercial, compliance and ethics programs. This position will also support commercial and compliance activities in the wider Asia-Pacific region in collaboration with the company’s US-based legal team.

Commercial Business Support (50%):

  • Draft and negotiate contracts for sales, sourcing, agents, distributors and other commercial arrangements. Leading the business in contractual negotiation in relation to the full breadth and depth of the business unit. Work directly with commercial teams to provide fast-paced legal oversight of Requests For Quotes (RFQs).
  • Manage compliance with customer requirements such as code of conducts and other customer policies in connection with Company sales to such customers, liaising with regulatory and other departments and personnel when coordination is required.

Compliance & Ethics Counselling (40%):

  • Establish yourself as the ethics leader in the region who can provide direct counsel to the business with minimal oversight on questions related to ethics and compliance, including gifts & entertainment, donations, charitable contributions and anti-corruption laws. Assist with drafting, revising and implementing ethics and compliance related policies and procedures. Coordinate with the Legal department to resolve potential conflicts of interest. Monitor the regulatory environment, especially regarding corruption and business practices, and ensure that any related government notices are coordinated with the Legal department. Refer allegations of misconduct to the General Counsel, and assist with follow-up discussions. Coordinate with the General Counsel on preparing and delivering ethics and compliance related communications in the Asia-Pacific region.
  • Serve as point-of-contact for anti-corruption due diligence reviews for vendors and business partners as required by the Anti-Bribery & Corruption Policy. Conduct anti-corruption due diligence on potential M&A targets and joint venture partners. Audit supply chains for red flags and compliance with the Anti-Bribery & Corruption Policy. Lead and/or assist with internal investigations authorized by the General Counsel, including preparation of reports. Resolve red flags generated by the Anti-Bribery & Corruption Policy third party vetting process. Develop and maintain metrics, and update reports and dashboard for corporate staff.
  • Conduct and/or coordinate ethics and compliance related training in the Asia-Pacific region, in both English and Mandarin, for employees, third party representatives and business partners. Identify risk areas and target audiences that could benefit from targeted training. Collaborate with the General Counsel on developing training materials, including translations of materials from Corporate.

Other (10%):

  • Provide legal counselling on a wide range of operational and regulatory matters.
  • Manage dispute resolution.
  • Execute annual performance goals assigned by the General Counsel targeting key Company objectives.

Education and Experience

  • Law degree from an accredited institution
  • License to practice law in China
  • Minimum 5 years in-house counsel experience with MNC
  • Proficient in MS Word, PowerPoint and Excel; and electronic search engines

Language Skills

  • Fluency in Mandarin and English required (speaking, reading and writing)

Preferred Skills

  • Experience in the chemical industry beneficial but not required

Specific Functional Competency Requirements

  • Experience providing legal support for commercial operations, including preparation and negotiation of sales, sourcing and distribution agreements, as well as counseling business leaders on a variety of related legal matters.
  • Familiarity with compliance matters affecting MNCs operation in the AP region, including international anti-bribery regulations, antitrust and competition rules, and corporate governance.
  • Ability to perform internal audits and investigations alone or in collaboration with others
  • Ability to work across functions and countries, projecting authority and influence
  • Ability to prepare and deliver compliance-related training in English and Mandarin
  • Ability to work collaboratively with business teams while promoting ethics and compliance
  • Ability to develop and maintain metrics, and to update reports and dashboard for corporate staff
  • Ability to work independently (direct supervisor in New York), in a highly motivated and pro-active manner
  • Liaise directly with local functional leaders and outside counsel on a confidential basis

Corporate Competency Requirements – Individual Contributor

  • Applies Functional Knowledge/Skills – Owns area of functional expertise and knowledge by applying it to daily work and projects in a way that advances the function within the company.
  • Effective Communications - Verbal and written communications are clear, productive, timely and informative.
  • Navigates Ambiguity - Handles risk and uncertainty commensurate to position, and is responsive in ambiguous situations.
  • Change Agility - In times of change, maintains focus on business results and adjusts effectively to work within new organization structures, processes or requirements.
  • Results-Oriented – Demonstrates clear and compelling actions to achieve business and performance objectives.
  • Inspire Others – Engages all stakeholders in a positive, energetic and productive way.
  • Foster Teamwork – Collaborates, supports and leverages the strengths of others to accomplish individual, team and company goals.
  • Ethics – Must possess and display the highest level of ethics and professionalism

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