MSF recruits 01 Head of compliance, accounting & legal support unit
(previous MSF experience required!)
The Head of CAL is directly responsible of the management of the CAL team and the organization of their activities and priorities. He/She is the main interlocutor between the different missions, BO and other MSF entities in India and facilitates the translation between Indian compliance and operational and/or institutional needs. As head of the unit he/she will need to acquire an overall good understanding of all the various compliance and legal issues affecting the MSF reality in India.
MAIN TASKS & RESPONSIBILITIES:
- Coordinate and facilitate the support to MSF entities in India regarding overall compliance with the national legislation, including but not limited to immigration, financial, legal and tax issues.
- Responsible for the management of around 6 staff members of CAL and for ensuring that the technical responsibilities of CAL are met by the CAL team members.
- Specifically the CAL Finance Manager, CAL Finance Officer and CAL Tax Officer must satisfy the responsibilities of the CAL finance vertical and the CAL Legal Adviser must satisfy his/her responsibilities for the compliance and legal verticals while the CAL Compliance Officer and CAL immigration Officer satisfy the remaining responsibilities of the compliance vertical.
- Responsible for the preparation of the annual CAL budget and the daily-management of CAL expenses and payments of the same.
- Facilitate and coordinate collaborations with external advisors (tax experts, accountants, and attorneys) to advise MSF on regulatory compliance in India.
- Actively contribute to and support the designing, promoting, and implementing of the updated operational administrative support structure between DWBI and CAL (and other entities) based on the outcomes of ongoing reflection.
- Provide monthly reports/sitreps on CAL activities to coordination teams, Cells and HQ referents.
- Responsible for the facilitation of the India Steering Committee
- Responsible for maintaining CAL’s intersectional neutrality and to ensure that each of the MSF sections and branch office in India recognize CAL as a neutral, service-oriented department whose first priority is to protect MSF’s operations in India and whose second priority is to support MSF’s efforts towards developing a non-profit vehicle for MSF operations in India.
- Responsible to liaise with the heads of mission, coordinators, branch office general director, operational desks, directors, shareholders and/or any and all relevant stakeholders and keep the same up-to-date on the developments, legal changes, etc as necessary.
MSF Legal entities governance
- Supports the legal advisor in prioritizing the various requests for support and pro-active identification of legal risks for the MSF entities.
- Coordinates CAL’s collaborations with external advisors (tax experts, accountants, and attorneys) and ensures the best available external resources are available to support CAL’s work at reasonable expense.
- Accountable for the timeliness and tone of communications from the CAL department and to ensure that CAL is a service-oriented department.
- Accountable for CAL’s awareness of potential governmental scrutiny on entities and international workers in India and for CAL’s implementation of appropriate briefings, trainings, and management plans (including appropriate archiving of paper and electronic records) necessary to mitigate risk precipitating from regulatory scrutiny and any search of premises in India.
Tax Compliance for Entities
- Accountable for the development of the approach to tax compliance for CAL-supported entities and for CAL’s work to minimize tax liabilities while achieving robust compliance.
- Accountable for the implementation of CAL tax procedures, ensuring that the CAL Finance vertical develops appropriate procedures and provides any necessary or requested training on the same.
- Accountable for the management of the end of the annual corporate tax compliances for MSF’s operational entities, including the appropriate utilization of mobilization advances or other means to achieve a desirable amount of annual net revenues upon which such corporate tax will be levied.
International Staff Administration
- Accountable for CAL’s implementation and continuous updating of procedures for immigration and tax compliance for international staff in India.
- Accountable for streamlining the Indian visa acquisition process, challenging the CAL Immigration Officer, CAL Compliance Officer, and the CAL Legal Adviser to continuously probe for process improvements and any changes in best practices.
- Accountable for CAL’s reporting tools detailing compliances for international workers and ensuring that the same are updated adequately according to protocol, and tat these tools are provided to the MSF sections appropriately and according to protocol.
- Accountable to ensure CAL provides any necessary or requested briefings for international staff arriving in India.
Statutory reporting
- Accountable for ensuring the statutory annual reports (5-6 legal entities) and prescribed forms are filed to the respective government departments in timely manner.
- Accountable for ensuring any necessary Annual Activity Reports for MSF’s entities are prepared by the operations, reviewed by appropriate technical resource(s) in the CAL department, and sent to the respective government departments in a timely manner
Interim and Statutory Audit
- Accountable for ensuring any required external audits are completed in a timely fashion, with appropriate notice to and coordination with the MSF sections.
- Accountable for ensuring the CAL Finance Manager and the CAL Legal Adviser achieve the minimum possible number of qualifications on external audits of MSF entities.
- Accountable for annual CAL internal audit which is to be managed by CAL Finance Manager.
- Accountable for ensuring the best external auditors are obtained and appropriate appointed for each MSF entity requiring an external auditor (note the “best” may not be the most capable, depending on the entity).
Legal advice, support and assistance
- Accountable for ensuring the CAL Legal Adviser adequately services the MSF sections and Branch Office as the legal focal point in India. This includes supporting the Legal Adviser taking on the role as the primary point of contact between all MSF entities in India and external lawyers and ensuring that the legal adviser properly analyses and translates such external legal advice for the management of the CAL-supported MSF entity.
- Accountable for ensuring appropriate Indian law firms have contracts with CAL and that the CAL Legal Adviser appropriately assigns work to these external firms according to the law firm’s competencies, knowledge of MSF in India, and price.
- Accountable for ensuring that legal advice provided by CAL appropriately considers all MSF entities in India, their activities, and their interests, and that such legal advice is appropriately presented to CAL-supported MSF entities as strictly advisory and only in consideration of legal and financial matters.
Budget/BCR
- Accountable for ensuring the draft CAL Budget is properly formatted and provided to the sections no later than August 10 and that the CAL budget is finalized by September 15.
- Accountable for ensuring the CAL expenses are reinvoiced quarterly pursuant to procedure.
- Accountable for ensuring the CAL budget is updated quarterly with the reinvoicing to provide a year-to-date breakdown of the CAL expenses, according to budget line.
Risk Analysis
- Accountable to ensure risk analyses are provided by CAL whenever appropriate or requested, that the appropriate resources (within CAL, within MSF, and external) are consulted on the development of such analyses.
MSF Legal entities governance
- Supports the legal advisor in prioritizing the various requests for support and pro-active identification of legal risks for the MSF entities.
- Coordinates CAL’s collaborations with external advisors (tax experts, accountants, and attorneys) and ensures the best available external resources are available to support CAL’s work at reasonable expense.
- Accountable for the timeliness and tone of communications from the CAL department and to ensure that CAL is a service-oriented department.
- Accountable for CAL’s awareness of potential governmental scrutiny on entities and international workers in India and for CAL’s implementation of appropriate briefings, trainings, and management plans (including appropriate archiving of paper and electronic records) necessary to mitigate risk precipitating from regulatory scrutiny and any search of premises in India.
Tax Compliance for Entities
- Accountable for the development of the approach to tax compliance for CAL-supported entities and for CAL’s work to minimize tax liabilities while achieving robust compliance.
- Accountable for the implementation of CAL tax procedures, ensuring that the CAL Finance vertical develops appropriate procedures and provides any necessary or requested training on the same.
- Accountable for the management of the end of the annual corporate tax compliances for MSF’s operational entities, including the appropriate utilization of mobilization advances or other means to achieve a desirable amount of annual net revenues upon which such corporate tax will be levied.
International Staff Administration
- Accountable for CAL’s implementation and continuous updating of procedures for immigration and tax compliance for international staff in India.
- Accountable for streamlining the Indian visa acquisition process, challenging the CAL Immigration Officer, CAL Compliance Officer, and the CAL Legal Adviser to continuously probe for process improvements and any changes in best practices.
- Accountable for CAL’s reporting tools detailing compliances for international workers and ensuring that the same are updated adequately according to protocol, and tat these tools are provided to the MSF sections appropriately and according to protocol.
- Accountable to ensure CAL provides any necessary or requested briefings for international staff arriving in India.
Statutory reporting
- Accountable for ensuring the statutory annual reports (5-6 legal entities) and prescribed forms are filed to the respective government departments in timely manner.
- Accountable for ensuring any necessary Annual Activity Reports for MSF’s entities are prepared by the operations, reviewed by appropriate technical resource(s) in the CAL department, and sent to the respective government departments in a timely manner
Interim and Statutory Audit
- Accountable for ensuring any required external audits are completed in a timely fashion, with appropriate notice to and coordination with the MSF sections.
- Accountable for ensuring the CAL Finance Manager and the CAL Legal Adviser achieve the minimum possible number of qualifications on external audits of MSF entities.
- Accountable for annual CAL internal audit which is to be managed by CAL Finance Manager.
- Accountable for ensuring the best external auditors are obtained and appropriate appointed for each MSF entity requiring an external auditor (note the “best” may not be the most capable, depending on the entity).
Legal advice, support and assistance
- Accountable for ensuring the CAL Legal Adviser adequately services the MSF sections and Branch Office as the legal focal point in India. This includes supporting the Legal Adviser taking on the role as the primary point of contact between all MSF entities in India and external lawyers and ensuring that the legal adviser properly analyses and translates such external legal advice for the management of the CAL-supported MSF entity.
- Accountable for ensuring appropriate Indian law firms have contracts with CAL and that the CAL Legal Adviser appropriately assigns work to these external firms according to the law firm’s competencies, knowledge of MSF in India, and price.
- Accountable for ensuring that legal advice provided by CAL appropriately considers all MSF entities in India, their activities, and their interests, and that such legal advice is appropriately presented to CAL-supported MSF entities as strictly advisory and only in consideration of legal and financial matters.
Budget/BCR
- Accountable for ensuring the draft CAL Budget is properly formatted and provided to the sections no later than August 10 and that the CAL budget is finalized by September 15.
- Accountable for ensuring the CAL expenses are reinvoiced quarterly pursuant to procedure.
- Accountable for ensuring the CAL budget is updated quarterly with the reinvoicing to provide a year-to-date breakdown of the CAL expenses, according to budget line.
Risk Analysis
- Accountable to ensure risk analyses are provided by CAL whenever appropriate or requested, that the appropriate resources (within CAL, within MSF, and external) are consulted on the development of such analyses.
Other
- Accountable for the maintenance of an organized repository of internal and external legal and financial analyses and recommendations.
- Accountable for ensuring the CAL technical staff are sufficiently informed regarding MSF entities, operations, and activities in India such that CAL may anticipate and mitigate legal and financial risk.
- Accountable for ensuring the CAL office space is appropriately managed and maintained with necessary resources.
- Accountable for ensuring the technical members of the CAL team stay up-to-date on the pertinent regulatory structures in India, including CAL’s repository of reports
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