MSI/SIAP 1 Vacancy: Consultant to develop study of gap analysis on Beneficial Ownership – business Prespective

 MANAGEMENT
SYSTEMS INTERNATIONAL (msi)

StrengtHening
Integrity and accountability program 1 (SIAP 1)

Terms
of Reference

 
Position                      :
Consultant to Develop Study of Gap
Analysis on Beneficial Ownership in Indonesia – Economic/Business Perspective
Working days             :
30 days
Duration of Contract            : March –
June 2016
 
BACKGROUND
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.
 
TASKS

  1. 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;
 

  1. 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 to disclose 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 ownership and
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
 

  1. The Consultant will collate data
    from multiple resources through interviews, questionnaire, desk analysis,
    risk assessment, case study review and focused group discussions (6 days)
  2. The Consultant
    will be involved in facilitating meetings, FGDs
    and workshops. (4 days)

 
DELIVERABLES
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 Ownership Transparency 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 Ownership Transparency in Indonesia
according to
international standard regulations
 
Qualifications
·        
Graduate degree and at least 3 years’ experience working in corporate 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 [email protected] not later than March 9, 2016.
Only shortlisted candidates will be contacted.
 

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