Enforcement Officer
5 months ago
To provide assistance and legal support in the administering and processing of non-compliance matters arising from FIC supervision, including inspections, for remediation action via directives or for enforcement by way of administration sanctions to the adjudication panel. To provide administration and legal support in defending appeals in terms of the Financial Intelligence Act, No. 38 of 2001 (the FIC Act) and in any subsequent legal process that may follow. To assist in the monitoring and reporting on all historic and current administrative sanctions issued and payments received, and the civil recovery of financial penalties under guidance.
**KEY PERFORMANCE AREAS**:
**TECHNICAL COMPETENCIES**
- Administer remediation action and directives in matters not referred for administrative sanction and provide support with the administration and procedures regarding such remediation;
- Administer enforcement processes, e.g. keeping register, provide statistics, ensuring correspondence is drafted and faxed, preparing file for adjudication panel, ensure filing is done;
- Appeals: conduct legal research (review case law) and provide draft papers for the appeal process and legal and administrative support;
- Identify non-compliance and make recommendations on enforcement action to be taken, i.e. draft enforcement memoranda, submissions, letters and notices;
- To engage with Supervisory Bodies on enforcement of the FIC Act as directed;
- Interact with stakeholders / third parties, when required to, provide guidance and advice, discuss findings and obtain information;
- Respond to public queries relating to enforcement;
- Monitor and report on all historic and current administrative sanctions issued and payments received, and the civil recovery of financial penalties fines under guidance.
- Recover outstanding financial penalties, by referring non-payment to corporate legal services for recovery;
- Monitor and report on regulatory enforcement actions of supervisory bodies;
- Provide statistics regarding remediation, sanctions, appeals and related issues;
- Conduct legal research (review case law) and provide draft papers for the appeal process;
- Draft legal opinions when requested;
- 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 evolves.
**EDUCATION, SKILLS AND EXPERIENCE**:
**Education**
- Bachelors degree e.g. LLB, B.Com (Law) or equivalent.
- Qualifications in anti-money laundering risk, combatting terror and proliferation financing risk and compliance management would be advantageous.
**Skills**
- Strong legal compliance and risk management knowledge;
- Sound knowledge and experience in business processes; and
- Strong litigation skills.
**Experience**
- At least five (5) years' experience in a relevant field i.e. prosecution or regulatory experience;
- Possess exceptional writing and legal drafting skills and 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;
- An intermediate to advanced level of computer literacy, including MS Word, MS Excel, MS Power Point.
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