WIPO magazine issue -1 - 2024 World Intellectual Property organization.
HOW TO REACH OUT TO COMPANIES AND PROVIDE GUIDANCE ON BENEFICIAL OWNERSHIP REPORTING
1. 1
PRESENTED BY :
Ir. Syahrir. AB, M.Sc
Ececutive Director
jAKARTA, 24 October 2017
ASOSIASI PERTAMBANGAN INDONESIA
INDONESIAN MINING ASSOCIATION
(API-IMA)
“HOW TO REACH OUT TO COMPANIES AND
PROVIDE GUIDANCE ON BENEFICIAL
OWNERSHIP REPORTING”
2. 1) GOVERNMENT OF INDONESIA REGULATION
TAX TREATY, 2005
INDONESIAN REGULATION ON DOUBLE TAX EVASION, TO
DEFIND THE STATUS OF BENEFICIAL OWNERSHIP (BO)
SE : 04/PJ.34/2005
SE : 03/PJ.03/2008
MULTI INTERPRETATION FOR THE WITH HOLDING TAX
PAYER
PER : 62/PJ.2009
REAL BENEFICIAL OWNERSHIP ( BO ) :
NOT AS AN AGENT
NOT AS A NOMINEE
NOT AS A CONDUIT COMPANY
CERTIFICATE OF DOMICILE
FOCUS ON INCOME FOR :
INTEREST
DEVIDEN
ROYALTY, PAID TO OVERSEAS
CROSS CHECK OF THE STATUS OF BO 2
3. 2. COMPANY’S OBEDIENCE
INDONESIAN MINING LANDSCAPE
NUMBER OF MINING COMPANIES:
CLEAR AND CLEAN (C&C) : 6.058
NON C&C : 3.312
TOTAL : 9.370
PERCENTAGE OF PRODUCING COMPANIES :
CURRENT IMA MEMBERS 40 COMPANY
PRODUCTION COMPANIES 24 COMPANY
3
4. Exploration Spending Indonesia
• InUS$
Sources: PWC Investment & Taxation Guide 2017
LACK OF EXPLORATION SPENDING FOR FUTURE PRODUCTION
4
5. LAW 4/2009 & REGIONAL AUTONOMY
Regional Autonomy:
Development and Supervision
STANDART
NORM AND
PROCEDURE
GUIDENCES
OPERATION
CENTRAL
PROVINCIAL
REGENCY
BUDGET(RP)
HR
DIRECTION &
PUNISHMENT
EDUCATION AND
TRAINING
5
LAW No.4/2009
M & C NATIONAL
POLICY
LAW No.23/2014
iji
n
PERMIT
515 (416+99)
34
6. • OBSTACLES TO OUTREACH
1. TOO MANY AND SPREAD OVER THE ARCHIPELAGO
2. CONFLICTING GOVERNMENT FUNCTION UNDER REGIONAL
AUTONOMY
3. LACK OF COORDINATION BETWEEN LOCAL GOVERNMENT AND
MINISTRY OF MINE
• OPPORTUNITIES
1. SHIFTING OF AUTHORITIES FROM REGENCY TO PROVINCE
LEVEL
2. OPPORTUNITIES TO CONNECT BO DISCLOSURE WITH ANNUAL
WORK-PLAN APPROVAL
3. FULL DISCLOSURE FOR NEW PERMIT
6
7. •CLOSING :
1. NEED TO IMPROVE DJP REGULATION TO BE A
GOVERMENT REGULATION OR INCOME TAX
REGULATION LAW
2. TO PROVIDE TECHNICAL GUIDANCE
3. JOINT EFFORT IMA WITH OTHER ASSOCIATIONS
AND GOVERNMENT TO PUSH COMPANY
COMPLIANCE
7