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 – Legal Perspective
Working
days                      :
30 days
Duration
of Contract          : March –
June 2016
 
BACKGROUND

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 study from 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.
 
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:

1. 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.
2. Identify types of illicit activities perpetrated
   through the use of legal entities and legal arrangements

1. The
   Consultant will conduct gap analysis related to Beneficial Ownership based
   on international standard regulations. (10 days)

The activities include:

1. To
   identify
   legal provisions in Indonesia related to the beneficial ownership;
2. To
   identify
   current practice in Indonesia related to the compliance of HL Principles
   of beneficial Ownership Transparency and FATF Recommendations 24 and 25;
3. To
   identify practical
   challenges and constraints to implement the HL Principles of beneficial
   Ownership Transparency and FATF Recommendations 24 and 25 from legal
   perspectives;
4. 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;

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 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.
 
Qualifications
·        
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 recruitment@msi-siap.com not later than March 9, 2016.
Only shortlisted candidates will be contacted.