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 – Economic/Business Perspective
Working days : 30 days
Duration of Contract : April – June 2016
According to FATF Recommendations, beneficial owner refers to the natural person(s) who ultimately owns or controls a customer and/or the natural person on whose behalf a transaction is being conducted. Adequate, accurate and timely beneficial ownership information can prevent 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 entitys as directors, formal nominee shareholders and directors, and the use of intermediaries in forming legal entitys are commonly known and used in business transactions but those could obscure 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 study from economic/business perspective.
OBJECTIVES OF THE ASSIGNMENT
To identify the problems 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 standard.
- 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:
a. Identify activities/business transactions through which anonymity is achieved and to what ends legal entitys have been misused and their contribution to the risk of each legal entitys;
b. Identify the current capacity of competent authorities to obtain and share information on beneficial ownership;
- The Consultant will conduct gap analysis related to Beneficial Ownership based on international standard regulations. (10 days)
The activities include:
a. To identify practical challenges and constraints to implement the HL Principles of beneficial Ownership Transparency and FATF Recommendations 24 and 25 from business perspectives;
b. To identify reasons/concerns on why legal entitys are reluctant todisclose and publish beneficial ownership information;
c. 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 ownershipand control of corporate vehicles from business perspectives;
d. To identify how information on beneficial ownership is currently maintained and accessed;
e. To identify and examine the needs, urgency and benefits in implementing Beneficial Ownership in financial services/institutions and business in general
- 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 details:
a. To which extent the provision/regulations and existing government agencies are able to identify Beneficial Ownership information?
b. To which extent the world’s existing best practices can enhance Beneficial Ownership system in Indonesia?
c. What strategies and mechanism that needs to be made to improve the state ability to detect Beneficial Ownership information?
2. A report on comprehensive gap analysis on the regime of Beneficial OwnershipTransparency in Indonesia according to international standard regulations
· Graduate degree and at least 3 years’ experience working incorporate governance field.
· 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-Business Perspective ' as the subject of your email addressed to firstname.lastname@example.org not later thanMarch 25, 2016. Only shortlisted candidates will be contacted.