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Marcel N Cohen
Curriculum Vitae
PROFILE
• Legal, Compliance, Integrity Business Management,
Business Risks Management & Ethics Executive
PROFESSIONAL MEMBERSHIPS
• Member of the Institute of Directors in Southern Africa.
• Admitted legal expert at the County Court of Kinshasa/Dem.
Rep.of Congo (since1985)
CAREER OBJECTIVES
To land an opportunity within an international company with
growth potential in the EMEA regions that would like to benefit
from an extensive experience in Market realities, Governance,
Legal, Compliance, Ethics and Business Risks Management.
EXECUTIVE SUMMARY.
Marcel is an experienced corporate lawyer with strong
business acumen. He is an executive with over 20 years’
experience in international business law with a focus on
corporate governance, business ethics and integrity,
commercial law, compliance, corporate social responsibility.
He has extensive management experience in Africa in different
industries including telecommunications law and regulation,
supporting and advising on business development,
commercial law, mergers and acquisitions, risk management,
international tax, data protection and privacy, labour law. He
has successfully developed and implemented compliance
programme in line with all applicable laws. He manages to
establish a good reputation of the organisations he is working
for by implementing and applying good business practices in
the business strategies for multi-national corporations. This
leads to an increase of revenue and investment of the
shareholders. His career with these corporates has been
characterised by successfully projects, operations and the
achievement of several milestones which the rest of his
resume will illustrate.
A management all-rounder, he possesses versatile and strong
strategic operations management skills at executive level.
Some of his key abilities and competencies include:
• International Management. Establishing, building and
running global businesses successfully.
• Human Capital Management. Selecting and Managing very
large personnel and driving them to achieve set goals and
targets through providing motivation and visionary
leadership.
• Corporate Management. Managing a broad, diverse range
of businesses in various diversified sectors whilst providing
exceptional leadership in Law, Marketing, Sales, Finance,
Business Risks, HR, Commercial Contracts assessment with
supply chain & legal divisions, and operations.
• Change Management. Re-organising businesses to
improve processes efficiency and profitability.
• High performing strategic-thinking professional with more
than twenty years’ experience in Legal (including Anti-Bribery
& Corruption policies and Implementation, Data protection,
Competition law), Compliance, Ethics, Human Resources
and Business Management in international organisations
(Millicom International Cellular, Vodafone/Vodacom, iBurst,
MTNRwandaCell, Freeport-McMoRan/TFM Mining SARL) at
executive level organisations and teams; exceptional
writing, presenting, and interpersonal communication skills.
E-mail: marcel.cohen@hotmail.com
Cell: +27(0) 72 223 8164
Skype: marcel.cohen80
Nationality (dual): French and South African by naturalisation
Languages: English, French & Kiswahili
PROFESSIONAL SKILLS
• Corporate Governance
• Legal & Compliance & Forensic Consulting,
• Ethics
• Business Law and Business Management
• MS Word, Excel outlook, Power Point
PERSONALITY TRAITS
• Respected and dedicated professional of high integrity
with experience providing internal employee
development team effectiveness and leadership
development consulting to all levels of an organization.
• Enthusiastic professional with proven ability to design
and deliver training to a variety of individuals on
Legal, Compliance and Ethics topics.
• I can build a work place culture based on integrity,
accountability, fairness and respect and make sure that
the staff members throughout the organisation are
supported in adhering to high ethical standards.
• To shape the organisation culture pay attention to
measure, and control on a regular basis the degree of
adherence to the core values of the corporation.
• I deliberate role modeling, teaching and coaching, and
observe criteria by which I can allocate rewards and
status with the consent of my superior with whom I
exchange and consult periodically and when asked.
PROFESSIONAL QUALIFICATIONS
1980 Academic Bachelor’s Degree in Law
Free University of Brussels (ULB), Belgium
1983 Bachelor’s Degree of Laws
University of Picardie Jules Verne, Amiens, France
1993 Master’s Degree in Arts (MA) in French: Socio-
political Studies University of Cape Town
(UCT), South Africa
2003 Master of Laws in Information Technology and
Telecommunications Law (LL.M) University of
Strathclyde/ UK in association with the United
Kingdom Telecommunications Academy
(UKTA)
2008 Master of Communications [Telecommunications]
Management in Business Management (MCM) with
Merit, University of Coventry (UK) in association
with UKTA and the I.T.U (International
Telecommunications Union ).
PERSONAL DETAILS
2
VARIOUS MIDDLE AND SENIOR MANAGEMENT COURSES
- Leadership Assessment Centre Services, Deloitte & Development Dimensions Int’l, Inc., MMIX (DDI) training.
- Certificate of Attendance in Corporate Governance Preventing Fraud & Corruption Workshop (Summit, 2011).
- INSEAD Graduate Business School, Fontainebleau (France),Certificate of Completion in Customer Relations
Management (2007).
- Internal Vodacom Group Certificate of Competence in Financial Risk Management with Distinction (2007).
- Internal Vodacom Corporate Ethics training course endorsed by University of Pretoria (2006).
- Certificate of Attendance in Corporate Governance, Directorship and Board Effectiveness. The Institute of
Directors in Southern Africa (2006), King II Report training. Awareness of King III Report, 2009.
- UK Bribery Act & US Foreign Corrupt Practices Act (US FCPA), Certificate of Course Completion (2005).
- Export Logistics and Management. Attendance Certificate of the South African Foreign Trade Organisation
SAFTO (1991).
SELECTED ACHIEVEMENTS
- Created solid business relations with manpower, trade-unions, local and regional authorities including Immigration
Authorities in the Dem. Rep of Congo (Lubumbashi and Fungurume).
- Conducted a full legal and management strategic review, and wrote a comprehensive manual (103 pages)
concerning Corruption in the DRC: Practice Guidelines & Commentary for Managing Corruption in the Democratic
Republic of Congo; set up and implementation of Company’s Governance Programme (“Anti-Corruption, Money
Laundering & Terrorist Financing”) and training of staff members. Implemented most if not all of the required elements of
anti-corruption and ethics programmes as set forth in OECD, US FCPA and UK Bribery Act guidances.
- M&A and due diligence assignments, and creation of an efficient Corporate Governance division.
- Successful legal research and governance assessment of African Francophone countries.
- Drafting and implementation of procedures and policies when needed throughout the organisation.
- Completion of CSR projects with minimum resources: Mobile Medical Clinic and Free Medical Consultation in
remote areas with free distribution of prescribed medicine for 1500 patients per day, selection of social co-workers
involved in the safety of street children and their development.
- Promoting an e-learning project financed by the World Bank for the Kigali Institute of Technology (KIST), Rwanda.
- Create an efficient Commercial and Customer Care Division in the start-up organisation in Rwanda for a
telecommunications company (MTN Rwanda Cell). I have made operational profit from year one (USD 1.2 million with
200,000 customers).
PUBLICATIONS
Gomes, E., Cohen, M. and Mellahi, K. (2013) ‘When two African Cultures Collide: A study of interactions between
managers in a strategic alliance between two African organizations in Effective Management of People in Africa, Book Ed.
By Newenham-Kahindi, A., Kamoche, K., Chizema, A. and Mellahi, K. Basingstoke: Palgrave Macmillan.
Emanuel Gomes, Marcel Cohen, KamelMellahi in Journal of World Business 46 (2011) 5 – 12.
Title: When two African cultures collide: A study of interactions between managers in a strategic alliance between two
African organizations. Journal homepage: www.elsevier.com/locate/jwb
Gomes, E. and Cohen, M. (2008) `Acquisition Pitfalls In Developing Countries: A Case Study of the
Acquisition of Congolese Wireless Networks (CWN) by Vodacom Group.´ In N. Delener (ed.) Global
Business & Technology Association International Conference: Evolution And Revolution In The Global
Knowledge Economy: Enhancing Innovation And Competitiveness Worldwide, 8-12 July, Madrid, Spain.
CAREER HISTORY TO DATE
September 2014 – Present Business Management & Forensic Consultant sub-Saharan Africa
_________________________________________________________________________________________________
February 2014 – June 2014 Deloitte Consulting, Johannesburg (South Africa)
Freelance Contractor
Actively involved in a “Leadership Assessment” project with the African Union Commission (AUC) in order to
identify the best future leaders of this organisation.
_________________________________________________________________________________________________
3
May 2013 – January 2014 Sabbatical
Family responsibility time, taking care of my parents in Brussels. Renovation of my house.
_________________________________________________________________________________________________
March 2012 – April 2013 Millicom International Cellular S.A./Tigo
DRC Integrity & CSR Manager (Executive member)
My duties were to implement the UN Global Compact Convention, the Code of Ethics, the Golden Rules and good
Business Practices. I have also under my responsibilities the implementation of Corporate Social Responsibility including
Health, Security and Environment programme and to support the legal division. Very much involved with the completion
of social projects as described above. Drafting policies and procedures.
My mission: To support Management and Employees to always act ethically, with transparency, honesty and loyalty, fol-
lowing the letter and the spirit of the laws, internal policies and applicable internationally accepted standards, actively
avoiding causing harm to others and acting with responsibility for our actions with a view to create social return as a de-
sired by-product of our financial investments.
To achieve the Mission by executing upon our Strategy:
- Reducing risks and costs
- Supervising contracts and regulatory matters
- Gaining Competitive Advantage
- Developing legitimacy and reputational capital
- Creating Value
- Integrity awareness and training
- Develop and adapt adequate internal controls, ethics and compliance programmes and measures for
Preventing and detecting bribery, developed on the basis of a risk assessment addressing the individual
circumstances in the company in particular the bribery risk facing the enterprise (such as its geographical
and industrial sector).
Reason for leaving: The Company is restructuring and the entire department was made redundant.
_________________________________________________________________________________________________
May 2011 – January 2012 Eufrasia Close Corporation
GM and Co-owner of this trading business based in Cape Town, RSA
Creation of ladies clothes and accessories boutique with my partner (wife) dealing with purchasing of goods
abroad and points of sale. The business is still running successfully under my partner’s management.
Reason for leaving: new career opportunity with Millicom International Cellular (Tigo).
_________________________________________________________________________________________________
September 2009 – 30 April 2011 Vodafone Plc/VODACOM GROUP Limited
Chief Ethics and Compliance Officer: Anti-Corruption, Money Laundering and Terrorist Financing Division
French speaking countries (Contractor) based in Kinshasa (DRC) and Johannesburg (RSA)
My duties were to ensure that Vodacom Group operating companies, and particularly Vodacom Congo S.P.R.L., maintain
high standards of corporate governance, mostly with respect to compliance with ethical and legal requirements relating to
best business practices including commercial contracts and the prevention of corruption, money laundering and terrorist
financing (CMT) which includes the US FCPA, 1977 and UK Bribery Act 2010, Financial Intelligence Centre Act (38/2001),
Prevention of Combating of Corruption Activities Act (12, 2004), South Africa Companies Act (71/2008) and Regulations
Risk assessment; OECD recommendations on reducing corruption.
Ensuring compliance with local laws and applicable international conventions, and company codes, policies and
procedures, aimed at the prevention of CMT by
- establishing knowledge bases on ethics and anti-CMT laws; standards and practices;
- conducting country and company ethics and CMT risk assessments which include reputational, operational and legal
risks;
- formulating ethics and anti-CMT strategies and programs by establishing knowledge bases, drafting of anti-CMT codes,
policies and procedures, giving advices, authorisations and approvals, due diligence (KYC), and providing training to
employees in ethics and anti-CMT laws and practices, KYC and due diligence of suppliers, contract evaluation;
- enforcement of laws, codes of conduct, policies and procedures by assisting with investigations, disciplinary hearings
and the like;
- reporting on progress in the implementation of the strategy and programmes to the company’s and the Group’s
Audit Committees.
Reason for leaving: End of my assignment.
_________________________________________________________________________________________________
4
October 2008 – May 2009 Mobile Telecom Voice Networks (Pty) Ltd, South Africa
Corporate Governance Director.
My main duty was to deal with corporate governance issues and to assess the countries risks where the organization was
operating (DRC, Burundi, Rwanda) and to implement and enforce the code of ethics.
Reason for leaving: New career opportunity offered with Vodafone Group again.
_________________________________________________________________________________________________
May 2008 – September 2008 Tenke Fungurume Mining SARL (DRC) /Freeport-McMoRan Copper & Gold
Senior Human Resources Manager Operations
My responsibilities were to run the Human Resources Operations on the mining field of approximately 2000 Congolese
employees and 700 expatriates; Recruitment & Selection; Immigration regulation; Labour law and Labour relations; Risk
Management (understanding of the local culture, social, legal and political environment, and working with local
communities, community project development); Development and Implementation of Policies & Procedures
(compensation, evaluation, promotion, retention), and career development; Establish good working relations with the
national and regional authorities.
Reason for leaving: Working conditions were unsuitable.
_________________________________________________________________________________________________
October 2007 – February 2008 iBurst (South Africa)
Legal and Commercial Freelance Consultant (Dem. Rep. of Congo)
My duties were to draft memorandum and articles of association; analyse the code of investment and study the clauses
related to tax exemptions; drafting of commercial contracts; due diligence of local partners and ensuring compliance
with national telecommunications law and regulation.
Reason for leaving: End of my assignment.
_________________________________________________________________________________________________
May 2005 – March 2007 Vodacom Group (Pty) (Vodafone, Plc subsidiary)
Chief Governance Officer: Anti-Corruption, Money Laundering and Terrorist Financing
(Regional specialist, French speaking countries). Contractor.
I was mostly dealing with Risk Management and Governance issues. To ensure that Vodacom Group companies
maintain high standards of corporate governance, particularly with respect to compliance with ethical and legal
requirements particularly dealing with anti-Corruption, Money laundering and Terrorist financing laws (CMT).
Evaluating and reporting on the effectiveness of internal controls implemented to manage Risks (RSA King Report II and
US FCPA, 1977), compliance investigation and auditing; training and competency Directors on Governance, Policies and
Procedures issues; Requirements, conventions, appropriate resolutions and best practices in jurisdictions; Render advice
to Executive Management on issues related to Governance and anti-CMT (Corruption, Money laundering, Terrorist
financing); Ensure a culture in the organization that makes good Governance a priority; protecting the Company and
Management against legal and reputational risks; Assisting with Governance investigations (particularly in procurement
division), Supervise the contracts with legal and supply chain managers; Enterprise Risk Management evaluation; Ensure
Legal and Regulatory due diligence in Francophone African countries particularly; Proper diagnosis of legal and corporate
governance situations and provide legal advice with respect to negotiation, review and coordination of transactions and
related agreements (e.g. Mergers & Acquisitions, public tender, commercial contracts), and due diligence.
Reason for leaving: Contract expired.
_________________________________________________________________________________________________
September 2004 - April 2005 MTS First Wireless Limited (Nigeria)
Marketing and Customer Care Senior Manager (Contractor)
Responsible for customer relationship management and sales activities; Ensure marketing operations, Customer retention
strategy & public relations; Accountable for several departments responsible for after-sales service (Customer Accounts,
Customer Services); Did a lot of people coaching and training particularly in customer care division.
Reason for leaving: I have been offered a 22 months contract with Vodafone Group.
_________________________________________________________________________________________________
August 2002 - July 2004 NEXOR (Pty) Ltd (South Africa) – West African markets
Marketing and Commercial Manager
Ensure the marketing strategy & the planning of commercial activities mainly in rural zone; Control of pricing and
commercial deals; Negotiation of contracts with local dealers; Management of relations with the customers (CRM); Control
5
of distribution and logistics; Management of sales team and control of the results.
Reason for leaving: New opportunity of career advancement in Africa.
_________________________________________________________________________________________________
August 2000 - July 2002 Investment Company in Rwanda (I.C.R) (Pty) Ltd, Rwanda
Managing Director – Marketing Management & Finance (Contractor)
General management and VIP retention strategy; Logistics Management and supervision of human resources recruitment
process, finance and marketing, sales and distribution. Responsible for procurement activities.
Reason for leaving: Termination of the contract of employment due to the impact of the war in the region (East of the
DRC).
Reason for leaving: political turmoil and insecurity.
_________________________________________________________________________________________________
July 1998 – August 2000 MOBILE TELEPHONE NETWORK (MTNRwandaCell), Rwanda
Commercial Director (which include Customer Care & Marketing duties)
This was a start-up operation where I was managing all the commercial operations of the telecommunications (GSM)
company with 25 sales and customer care consultants, and independent dealers and 80 sub-dealers who operate in the
whole country and part of the DRC (East). People Coaching and Customer Care training; Call Centre Management;
Client’s Account Management; Customer Relationship Management (CRM); Financial Management, Credit Vetting and
Validation; Stock Control; Fraud Prevention & Investigation; Sales and Distribution Strategy; Marketing Management,
Pricing and Branding Strategy; Monitoring of the dealers (Prepaid & Postpaid) all over the country and in the rebel side of
the DRC (Goma, Bukavu). Identifying and organizing points of sale; dealing with Post-Paid contracts in French and
English. I have made $1.2 million operational profit the first year with 200,000 customers.
Reason for leaving: Set up of the company completed with local staff trained.
_________________________________________________________________________________________________
May 1997 – June 1998 AGRITEX GROUP (PTY) LTD, Dem. Rep. of Congo
CEO and owner of this company
Import and Export Company dealing also with project developments such as public contracts in the DRC (building
construction).
Reason for leaving: security issues
_________________________________________________________________________________________________
January 1994 – Ocober 1996 C.I.C. INTERNATIONAL (SA) (Pty) LTD, South Africa
International Trader for West Africa Francophone countries
My responsibilities were:
- Protection of the products brand
- Drafting of commercial contracts
- Selling
Reason of leaving: Shift in company policy causing change in the African markets. My position became superfluous.
_________________________________________________________________________________________________
June 1989 – October 1993 STAR INDENT AGENCY (PTY) LTD, South Africa
Legal Advisor DRC Operations
My responsibilities were:
- Drafting contracts in French
- Due Diligence of third parties
- Dealing with local authorities (SNCZ –Société Nationale des Chemins de Fer Zaїrois – National Railways
Company)
Reason for leaving: I have the opportunity to create my own company
_________________________________________________________________________________________________
February 1986 – May 1989 CABINET D’ETUDE JURIDIQUE & D’AUDIT MARCEL COHEN
Owner of my law and audit practice in partnership with Advocate Thsimanga Bele Bele.
- Legal advices (Commercial contracts, Labour law, Company law, Public relations, Anti-Nuptial Contract, Mediation and
Divorce)
- Audit of company’s accounts, Change Management and Company’s restructuring.
6
During this period I had to manage and create a reputation of seriousness and ethical business practice. Therefore I have
been approached by the President’s Cabinet to work on a construction project of a value of $127 Million. The project
consisted of the erection of “Aequatoria University” in Mobay-Mbongo, Equateur Province in the DRC, with 8 faculties
comparable to the Catholic University of Leuven (Belgium). I was the CEO and Project Coordinator.
I had to build a team of professionals (architects, civil engineers and structure engineers), and had to organise the
manpower to start and achieve this project within 24 months.
Part of my duty was to deal with the local chief of the land, local building construction companies and land surveyors. I
had to organise the transfer and the compensation of the community that was living in the area where the construction
was planned. However, due to political turmoil the project had been cancelled.
Reason for leaving: political turmoil.
_________________________________________________________________________________________________
November 1983 - December 1985 Cabinet Lanfranchi (French & Congolese Law practice)
Legal trainee.
I was doing my articles in Zairian, Belgian & French law.
Responsibilities: drafting of numerous contracts and letters, administration of the practice, supervision of the secretarial
section. Attend special courses at University of Kinshasa (UNIKIN) as a freelance student.
REFERENCES:
Mr. Alain Croisier, CFO, Tenke Fungurume Mining (subsidiary of Freeport McMoRan), DRC
Mobile: + 243 995 357 7012; +27 (0) 76 0101 660; +27 (0) 79 888 0034
Email: alain_croisier@fmi.com
Mr Benoit Loop, CEO, Excotra (Pty) Ltd
Mobile: +250 758 302235
Email: benoitloop@hotmail.com
Dr. Emanuel Gomes, Sheffield University
Tel. +44 7969 720 123
Email: e.gomes@sheffield.ac.uk
RECOMMENDATIONS
http://www.linkedin.com/pub/marcel-cohen/12/646/646
.

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Updated Feb 2015 CV PDF

  • 1. Marcel N Cohen Curriculum Vitae PROFILE • Legal, Compliance, Integrity Business Management, Business Risks Management & Ethics Executive PROFESSIONAL MEMBERSHIPS • Member of the Institute of Directors in Southern Africa. • Admitted legal expert at the County Court of Kinshasa/Dem. Rep.of Congo (since1985) CAREER OBJECTIVES To land an opportunity within an international company with growth potential in the EMEA regions that would like to benefit from an extensive experience in Market realities, Governance, Legal, Compliance, Ethics and Business Risks Management. EXECUTIVE SUMMARY. Marcel is an experienced corporate lawyer with strong business acumen. He is an executive with over 20 years’ experience in international business law with a focus on corporate governance, business ethics and integrity, commercial law, compliance, corporate social responsibility. He has extensive management experience in Africa in different industries including telecommunications law and regulation, supporting and advising on business development, commercial law, mergers and acquisitions, risk management, international tax, data protection and privacy, labour law. He has successfully developed and implemented compliance programme in line with all applicable laws. He manages to establish a good reputation of the organisations he is working for by implementing and applying good business practices in the business strategies for multi-national corporations. This leads to an increase of revenue and investment of the shareholders. His career with these corporates has been characterised by successfully projects, operations and the achievement of several milestones which the rest of his resume will illustrate. A management all-rounder, he possesses versatile and strong strategic operations management skills at executive level. Some of his key abilities and competencies include: • International Management. Establishing, building and running global businesses successfully. • Human Capital Management. Selecting and Managing very large personnel and driving them to achieve set goals and targets through providing motivation and visionary leadership. • Corporate Management. Managing a broad, diverse range of businesses in various diversified sectors whilst providing exceptional leadership in Law, Marketing, Sales, Finance, Business Risks, HR, Commercial Contracts assessment with supply chain & legal divisions, and operations. • Change Management. Re-organising businesses to improve processes efficiency and profitability. • High performing strategic-thinking professional with more than twenty years’ experience in Legal (including Anti-Bribery & Corruption policies and Implementation, Data protection, Competition law), Compliance, Ethics, Human Resources and Business Management in international organisations (Millicom International Cellular, Vodafone/Vodacom, iBurst, MTNRwandaCell, Freeport-McMoRan/TFM Mining SARL) at executive level organisations and teams; exceptional writing, presenting, and interpersonal communication skills. E-mail: marcel.cohen@hotmail.com Cell: +27(0) 72 223 8164 Skype: marcel.cohen80 Nationality (dual): French and South African by naturalisation Languages: English, French & Kiswahili PROFESSIONAL SKILLS • Corporate Governance • Legal & Compliance & Forensic Consulting, • Ethics • Business Law and Business Management • MS Word, Excel outlook, Power Point PERSONALITY TRAITS • Respected and dedicated professional of high integrity with experience providing internal employee development team effectiveness and leadership development consulting to all levels of an organization. • Enthusiastic professional with proven ability to design and deliver training to a variety of individuals on Legal, Compliance and Ethics topics. • I can build a work place culture based on integrity, accountability, fairness and respect and make sure that the staff members throughout the organisation are supported in adhering to high ethical standards. • To shape the organisation culture pay attention to measure, and control on a regular basis the degree of adherence to the core values of the corporation. • I deliberate role modeling, teaching and coaching, and observe criteria by which I can allocate rewards and status with the consent of my superior with whom I exchange and consult periodically and when asked. PROFESSIONAL QUALIFICATIONS 1980 Academic Bachelor’s Degree in Law Free University of Brussels (ULB), Belgium 1983 Bachelor’s Degree of Laws University of Picardie Jules Verne, Amiens, France 1993 Master’s Degree in Arts (MA) in French: Socio- political Studies University of Cape Town (UCT), South Africa 2003 Master of Laws in Information Technology and Telecommunications Law (LL.M) University of Strathclyde/ UK in association with the United Kingdom Telecommunications Academy (UKTA) 2008 Master of Communications [Telecommunications] Management in Business Management (MCM) with Merit, University of Coventry (UK) in association with UKTA and the I.T.U (International Telecommunications Union ). PERSONAL DETAILS
  • 2. 2 VARIOUS MIDDLE AND SENIOR MANAGEMENT COURSES - Leadership Assessment Centre Services, Deloitte & Development Dimensions Int’l, Inc., MMIX (DDI) training. - Certificate of Attendance in Corporate Governance Preventing Fraud & Corruption Workshop (Summit, 2011). - INSEAD Graduate Business School, Fontainebleau (France),Certificate of Completion in Customer Relations Management (2007). - Internal Vodacom Group Certificate of Competence in Financial Risk Management with Distinction (2007). - Internal Vodacom Corporate Ethics training course endorsed by University of Pretoria (2006). - Certificate of Attendance in Corporate Governance, Directorship and Board Effectiveness. The Institute of Directors in Southern Africa (2006), King II Report training. Awareness of King III Report, 2009. - UK Bribery Act & US Foreign Corrupt Practices Act (US FCPA), Certificate of Course Completion (2005). - Export Logistics and Management. Attendance Certificate of the South African Foreign Trade Organisation SAFTO (1991). SELECTED ACHIEVEMENTS - Created solid business relations with manpower, trade-unions, local and regional authorities including Immigration Authorities in the Dem. Rep of Congo (Lubumbashi and Fungurume). - Conducted a full legal and management strategic review, and wrote a comprehensive manual (103 pages) concerning Corruption in the DRC: Practice Guidelines & Commentary for Managing Corruption in the Democratic Republic of Congo; set up and implementation of Company’s Governance Programme (“Anti-Corruption, Money Laundering & Terrorist Financing”) and training of staff members. Implemented most if not all of the required elements of anti-corruption and ethics programmes as set forth in OECD, US FCPA and UK Bribery Act guidances. - M&A and due diligence assignments, and creation of an efficient Corporate Governance division. - Successful legal research and governance assessment of African Francophone countries. - Drafting and implementation of procedures and policies when needed throughout the organisation. - Completion of CSR projects with minimum resources: Mobile Medical Clinic and Free Medical Consultation in remote areas with free distribution of prescribed medicine for 1500 patients per day, selection of social co-workers involved in the safety of street children and their development. - Promoting an e-learning project financed by the World Bank for the Kigali Institute of Technology (KIST), Rwanda. - Create an efficient Commercial and Customer Care Division in the start-up organisation in Rwanda for a telecommunications company (MTN Rwanda Cell). I have made operational profit from year one (USD 1.2 million with 200,000 customers). PUBLICATIONS Gomes, E., Cohen, M. and Mellahi, K. (2013) ‘When two African Cultures Collide: A study of interactions between managers in a strategic alliance between two African organizations in Effective Management of People in Africa, Book Ed. By Newenham-Kahindi, A., Kamoche, K., Chizema, A. and Mellahi, K. Basingstoke: Palgrave Macmillan. Emanuel Gomes, Marcel Cohen, KamelMellahi in Journal of World Business 46 (2011) 5 – 12. Title: When two African cultures collide: A study of interactions between managers in a strategic alliance between two African organizations. Journal homepage: www.elsevier.com/locate/jwb Gomes, E. and Cohen, M. (2008) `Acquisition Pitfalls In Developing Countries: A Case Study of the Acquisition of Congolese Wireless Networks (CWN) by Vodacom Group.´ In N. Delener (ed.) Global Business & Technology Association International Conference: Evolution And Revolution In The Global Knowledge Economy: Enhancing Innovation And Competitiveness Worldwide, 8-12 July, Madrid, Spain. CAREER HISTORY TO DATE September 2014 – Present Business Management & Forensic Consultant sub-Saharan Africa _________________________________________________________________________________________________ February 2014 – June 2014 Deloitte Consulting, Johannesburg (South Africa) Freelance Contractor Actively involved in a “Leadership Assessment” project with the African Union Commission (AUC) in order to identify the best future leaders of this organisation. _________________________________________________________________________________________________
  • 3. 3 May 2013 – January 2014 Sabbatical Family responsibility time, taking care of my parents in Brussels. Renovation of my house. _________________________________________________________________________________________________ March 2012 – April 2013 Millicom International Cellular S.A./Tigo DRC Integrity & CSR Manager (Executive member) My duties were to implement the UN Global Compact Convention, the Code of Ethics, the Golden Rules and good Business Practices. I have also under my responsibilities the implementation of Corporate Social Responsibility including Health, Security and Environment programme and to support the legal division. Very much involved with the completion of social projects as described above. Drafting policies and procedures. My mission: To support Management and Employees to always act ethically, with transparency, honesty and loyalty, fol- lowing the letter and the spirit of the laws, internal policies and applicable internationally accepted standards, actively avoiding causing harm to others and acting with responsibility for our actions with a view to create social return as a de- sired by-product of our financial investments. To achieve the Mission by executing upon our Strategy: - Reducing risks and costs - Supervising contracts and regulatory matters - Gaining Competitive Advantage - Developing legitimacy and reputational capital - Creating Value - Integrity awareness and training - Develop and adapt adequate internal controls, ethics and compliance programmes and measures for Preventing and detecting bribery, developed on the basis of a risk assessment addressing the individual circumstances in the company in particular the bribery risk facing the enterprise (such as its geographical and industrial sector). Reason for leaving: The Company is restructuring and the entire department was made redundant. _________________________________________________________________________________________________ May 2011 – January 2012 Eufrasia Close Corporation GM and Co-owner of this trading business based in Cape Town, RSA Creation of ladies clothes and accessories boutique with my partner (wife) dealing with purchasing of goods abroad and points of sale. The business is still running successfully under my partner’s management. Reason for leaving: new career opportunity with Millicom International Cellular (Tigo). _________________________________________________________________________________________________ September 2009 – 30 April 2011 Vodafone Plc/VODACOM GROUP Limited Chief Ethics and Compliance Officer: Anti-Corruption, Money Laundering and Terrorist Financing Division French speaking countries (Contractor) based in Kinshasa (DRC) and Johannesburg (RSA) My duties were to ensure that Vodacom Group operating companies, and particularly Vodacom Congo S.P.R.L., maintain high standards of corporate governance, mostly with respect to compliance with ethical and legal requirements relating to best business practices including commercial contracts and the prevention of corruption, money laundering and terrorist financing (CMT) which includes the US FCPA, 1977 and UK Bribery Act 2010, Financial Intelligence Centre Act (38/2001), Prevention of Combating of Corruption Activities Act (12, 2004), South Africa Companies Act (71/2008) and Regulations Risk assessment; OECD recommendations on reducing corruption. Ensuring compliance with local laws and applicable international conventions, and company codes, policies and procedures, aimed at the prevention of CMT by - establishing knowledge bases on ethics and anti-CMT laws; standards and practices; - conducting country and company ethics and CMT risk assessments which include reputational, operational and legal risks; - formulating ethics and anti-CMT strategies and programs by establishing knowledge bases, drafting of anti-CMT codes, policies and procedures, giving advices, authorisations and approvals, due diligence (KYC), and providing training to employees in ethics and anti-CMT laws and practices, KYC and due diligence of suppliers, contract evaluation; - enforcement of laws, codes of conduct, policies and procedures by assisting with investigations, disciplinary hearings and the like; - reporting on progress in the implementation of the strategy and programmes to the company’s and the Group’s Audit Committees. Reason for leaving: End of my assignment. _________________________________________________________________________________________________
  • 4. 4 October 2008 – May 2009 Mobile Telecom Voice Networks (Pty) Ltd, South Africa Corporate Governance Director. My main duty was to deal with corporate governance issues and to assess the countries risks where the organization was operating (DRC, Burundi, Rwanda) and to implement and enforce the code of ethics. Reason for leaving: New career opportunity offered with Vodafone Group again. _________________________________________________________________________________________________ May 2008 – September 2008 Tenke Fungurume Mining SARL (DRC) /Freeport-McMoRan Copper & Gold Senior Human Resources Manager Operations My responsibilities were to run the Human Resources Operations on the mining field of approximately 2000 Congolese employees and 700 expatriates; Recruitment & Selection; Immigration regulation; Labour law and Labour relations; Risk Management (understanding of the local culture, social, legal and political environment, and working with local communities, community project development); Development and Implementation of Policies & Procedures (compensation, evaluation, promotion, retention), and career development; Establish good working relations with the national and regional authorities. Reason for leaving: Working conditions were unsuitable. _________________________________________________________________________________________________ October 2007 – February 2008 iBurst (South Africa) Legal and Commercial Freelance Consultant (Dem. Rep. of Congo) My duties were to draft memorandum and articles of association; analyse the code of investment and study the clauses related to tax exemptions; drafting of commercial contracts; due diligence of local partners and ensuring compliance with national telecommunications law and regulation. Reason for leaving: End of my assignment. _________________________________________________________________________________________________ May 2005 – March 2007 Vodacom Group (Pty) (Vodafone, Plc subsidiary) Chief Governance Officer: Anti-Corruption, Money Laundering and Terrorist Financing (Regional specialist, French speaking countries). Contractor. I was mostly dealing with Risk Management and Governance issues. To ensure that Vodacom Group companies maintain high standards of corporate governance, particularly with respect to compliance with ethical and legal requirements particularly dealing with anti-Corruption, Money laundering and Terrorist financing laws (CMT). Evaluating and reporting on the effectiveness of internal controls implemented to manage Risks (RSA King Report II and US FCPA, 1977), compliance investigation and auditing; training and competency Directors on Governance, Policies and Procedures issues; Requirements, conventions, appropriate resolutions and best practices in jurisdictions; Render advice to Executive Management on issues related to Governance and anti-CMT (Corruption, Money laundering, Terrorist financing); Ensure a culture in the organization that makes good Governance a priority; protecting the Company and Management against legal and reputational risks; Assisting with Governance investigations (particularly in procurement division), Supervise the contracts with legal and supply chain managers; Enterprise Risk Management evaluation; Ensure Legal and Regulatory due diligence in Francophone African countries particularly; Proper diagnosis of legal and corporate governance situations and provide legal advice with respect to negotiation, review and coordination of transactions and related agreements (e.g. Mergers & Acquisitions, public tender, commercial contracts), and due diligence. Reason for leaving: Contract expired. _________________________________________________________________________________________________ September 2004 - April 2005 MTS First Wireless Limited (Nigeria) Marketing and Customer Care Senior Manager (Contractor) Responsible for customer relationship management and sales activities; Ensure marketing operations, Customer retention strategy & public relations; Accountable for several departments responsible for after-sales service (Customer Accounts, Customer Services); Did a lot of people coaching and training particularly in customer care division. Reason for leaving: I have been offered a 22 months contract with Vodafone Group. _________________________________________________________________________________________________ August 2002 - July 2004 NEXOR (Pty) Ltd (South Africa) – West African markets Marketing and Commercial Manager Ensure the marketing strategy & the planning of commercial activities mainly in rural zone; Control of pricing and commercial deals; Negotiation of contracts with local dealers; Management of relations with the customers (CRM); Control
  • 5. 5 of distribution and logistics; Management of sales team and control of the results. Reason for leaving: New opportunity of career advancement in Africa. _________________________________________________________________________________________________ August 2000 - July 2002 Investment Company in Rwanda (I.C.R) (Pty) Ltd, Rwanda Managing Director – Marketing Management & Finance (Contractor) General management and VIP retention strategy; Logistics Management and supervision of human resources recruitment process, finance and marketing, sales and distribution. Responsible for procurement activities. Reason for leaving: Termination of the contract of employment due to the impact of the war in the region (East of the DRC). Reason for leaving: political turmoil and insecurity. _________________________________________________________________________________________________ July 1998 – August 2000 MOBILE TELEPHONE NETWORK (MTNRwandaCell), Rwanda Commercial Director (which include Customer Care & Marketing duties) This was a start-up operation where I was managing all the commercial operations of the telecommunications (GSM) company with 25 sales and customer care consultants, and independent dealers and 80 sub-dealers who operate in the whole country and part of the DRC (East). People Coaching and Customer Care training; Call Centre Management; Client’s Account Management; Customer Relationship Management (CRM); Financial Management, Credit Vetting and Validation; Stock Control; Fraud Prevention & Investigation; Sales and Distribution Strategy; Marketing Management, Pricing and Branding Strategy; Monitoring of the dealers (Prepaid & Postpaid) all over the country and in the rebel side of the DRC (Goma, Bukavu). Identifying and organizing points of sale; dealing with Post-Paid contracts in French and English. I have made $1.2 million operational profit the first year with 200,000 customers. Reason for leaving: Set up of the company completed with local staff trained. _________________________________________________________________________________________________ May 1997 – June 1998 AGRITEX GROUP (PTY) LTD, Dem. Rep. of Congo CEO and owner of this company Import and Export Company dealing also with project developments such as public contracts in the DRC (building construction). Reason for leaving: security issues _________________________________________________________________________________________________ January 1994 – Ocober 1996 C.I.C. INTERNATIONAL (SA) (Pty) LTD, South Africa International Trader for West Africa Francophone countries My responsibilities were: - Protection of the products brand - Drafting of commercial contracts - Selling Reason of leaving: Shift in company policy causing change in the African markets. My position became superfluous. _________________________________________________________________________________________________ June 1989 – October 1993 STAR INDENT AGENCY (PTY) LTD, South Africa Legal Advisor DRC Operations My responsibilities were: - Drafting contracts in French - Due Diligence of third parties - Dealing with local authorities (SNCZ –Société Nationale des Chemins de Fer Zaїrois – National Railways Company) Reason for leaving: I have the opportunity to create my own company _________________________________________________________________________________________________ February 1986 – May 1989 CABINET D’ETUDE JURIDIQUE & D’AUDIT MARCEL COHEN Owner of my law and audit practice in partnership with Advocate Thsimanga Bele Bele. - Legal advices (Commercial contracts, Labour law, Company law, Public relations, Anti-Nuptial Contract, Mediation and Divorce) - Audit of company’s accounts, Change Management and Company’s restructuring.
  • 6. 6 During this period I had to manage and create a reputation of seriousness and ethical business practice. Therefore I have been approached by the President’s Cabinet to work on a construction project of a value of $127 Million. The project consisted of the erection of “Aequatoria University” in Mobay-Mbongo, Equateur Province in the DRC, with 8 faculties comparable to the Catholic University of Leuven (Belgium). I was the CEO and Project Coordinator. I had to build a team of professionals (architects, civil engineers and structure engineers), and had to organise the manpower to start and achieve this project within 24 months. Part of my duty was to deal with the local chief of the land, local building construction companies and land surveyors. I had to organise the transfer and the compensation of the community that was living in the area where the construction was planned. However, due to political turmoil the project had been cancelled. Reason for leaving: political turmoil. _________________________________________________________________________________________________ November 1983 - December 1985 Cabinet Lanfranchi (French & Congolese Law practice) Legal trainee. I was doing my articles in Zairian, Belgian & French law. Responsibilities: drafting of numerous contracts and letters, administration of the practice, supervision of the secretarial section. Attend special courses at University of Kinshasa (UNIKIN) as a freelance student. REFERENCES: Mr. Alain Croisier, CFO, Tenke Fungurume Mining (subsidiary of Freeport McMoRan), DRC Mobile: + 243 995 357 7012; +27 (0) 76 0101 660; +27 (0) 79 888 0034 Email: alain_croisier@fmi.com Mr Benoit Loop, CEO, Excotra (Pty) Ltd Mobile: +250 758 302235 Email: benoitloop@hotmail.com Dr. Emanuel Gomes, Sheffield University Tel. +44 7969 720 123 Email: e.gomes@sheffield.ac.uk RECOMMENDATIONS http://www.linkedin.com/pub/marcel-cohen/12/646/646 .