MANAGEMENT SYSTEMS INTERNATIONAL (msi)
Strengthening Integrity and Accountability Program 1 (SIAP 1)
Position : Consultant to Develop Study of Gap Analysis on Beneficial Ownership in Indonesia – Legal Perspective
Working days : 30 days
Duration of Contract : April – June 2016
The accessibility of information to the authorities regarding the legal owner, the beneficial owner, the source of the assets, and its activities can reduce the misuse of corporate vehicles. The information of legal and beneficial ownership identify those natural persons who may be responsible for the activities of the corporate vehicles or allowing the authorities to follow the money in financial investigation.
The adequate, accurate and timely beneficial ownership information prevents money laundering by disclosing the identity of suspected criminals, the true purpose of an account or property held by corporate vehicles, and the source or use of funds or property associated with a corporate vehicles. Shell companies, complex ownership and control structures, bearer shares, unrestricted use of legal persons as directors, formal nominee shareholders and directors, and the use of intermediaries in forming legal persons are commonly known and used in business transactions but those could obscured the beneficial owners, thus, facilitates money laundering.
In the attempt to meet the commitment of High Level Principle on Beneficial Ownership and Transparency, SIAP 1 in collaboration with an Indonesian state agency will develop a study entitled “Gap Analysis on Beneficial Ownership Implementation of Transparency Principle in Indonesia”. The study aims to assess the gap between regulation and mechanism of Beneficial Ownership in Indonesia and international standard. To support the above matters, SIAP 1 now seeks an expert to conduct a studyfrom legal perspective of the aforementioned topic.
OBJECTIVES OF THE ASSIGNMENT
To identify obstacles in the implementation of Beneficial Ownership regulation in Indonesia. It is also aimed to formulate recommendations for improvement to increase effectiveness and transparency of Beneficial Ownership according to risk from legal entity, needs of law enforcement in Indonesia and also international standards.
- The Consultant is expected to conduct risk assessment of risk from legal entity and legal arrangement in Indonesia towards money laundering crime and concealment of proceeds of crime. Analysis is conducted based on domestic regulation applied in accordance with FATF Guidance on Transparency and Beneficial Ownership. (10 days)
The activities include:
- Identification and description of the different types, forms and basic features of legal entities in the country, including the processes for creating those legal entities; and procedures obtaining and recording basic and beneficial ownership information on those legal entities.
- Identify types of illicit activities perpetrated through the use of legal entities and legal arrangements
- The Consultant will conduct gap analysis related to Beneficial Ownership based on international standard regulations. (10 days)
The activities include:
- To identify legal provisions in Indonesia related to the beneficial ownership;
- To identify current practice in Indonesia related to the compliance of HL Principles of beneficial Ownership Transparency and FATF Recommendations 24 and 25;
- To identify practical challenges and constraints to implement the HL Principles of beneficial Ownership Transparency and FATF Recommendations 24 and 25 from legal perspectives;
- To identify and analyze factors that will limit the capacity of competent authorities (including law enforcement authorities) to obtain, on a timely basis, information about the beneficial ownership and control of corporate vehicles from legal perspectives;
- The Consultant will collate data from multiple resources through interviews, questionnaire, desk analysis, risk assessment, case study review and focused group discussions (6 days)
- The Consultant will be involved in facilitating meetings, FGDs and workshops.(4 days)
In carrying out the assignment, the consultant through her/his expertise, will be required to deliver the following products:
1. A report on comprehensive gap analysis on the regime of Beneficial OwnershipTransparency in Indonesia according to international standard regulations, that answers following questions:
a. How far potential crime of corruption and money laundering related due to weak identification of Beneficial Ownership information?
b. What level of risk and vulnerability of different types of legal entity and legal engagement against corruption and money laundering crimes?
2. Assessment of the money laundering risks associated with different types of legal entities through cases review to identify domestic threats and vulnerabilities, including analysis on risk level of each legal entity.
3. Recommendations on action plans, responsible ministries and agencies, and reasonable timeframes for implementation.
· Graduate degree and at least 3 years’ experience working in relevant areas.
· Experience in conducting qualitative and quantitative research with similar topics.
· In depth knowledge of substantive corruption issues and experience with producing rigorous analysis.
· Relevant publication list on corruption is a strong asset.
· Availability to interpret results and provide practical recommendations.
· Proven skills in analyzing the policy process and understanding institutional dynamics and developing the recommendations based on the observations
· Superior analytical and writing skills, preferably demonstrated by peer-reviewed journal articles.
· Previous experience in working with USAID is an asset
Please send applications indicating ‘Beneficial Ownership-Legal Perspective ' as the subject of your email addressed to firstname.lastname@example.org not later than March 25, 2016. Only shortlisted candidates will be contacted.