Copyright 2018 - Bali Safe Harbor

BALI SAFE HARBOR

PT. Bali Tanjung Aman

Famous the world over as an exotic resort destination, Bali attracts far more overseas visitors than the rest of Indonesia put together. Recent tourist arrivals for 2016 are sure to top four million.  This translates into what has become a largely neglected need for infrastructure development and support.  Bali Safe Harbor (BSH) enables this objective by engineering hard-wired public utility capital development documentation.  Our essential infrastructure BOO and BOT agreements are second to none.  Whether it’s electrical production/grid distribution, water or waste management, our simplified, full recourse, secured contracts promote a positive bottom line and project completion on time.

We were the first international advisory firm on the Island and since 1994, we are among the top advisory professionals in the Country.

We belong in the category of Bali lawyer, Bali law office, Bali Attorney, Bali legal services and Bali legal counsel. The main thing we do is to provide reliable, simple and affordable advice and capital development documentation.  We can address any perceived obstacle and most of the time, come up with a way to either neutralize the problem, or navigate around it.  Long story short, no matter how obscure it may be, there is always a way to achieve the desired results.

Courtesy Assistance.  We respond to all kinds of questions every day for new-comers and residents alike, who are concerned over what the law really is. They typically need to know what they can do and how it can be done.  We do this on a courtesy basis.  We spend a lot of free time making sure everyone knows the answers to questions like: How do we avoid arbitration and litigation?  Secure investment assets and revenues?  Do we need to set up an Indonesian company and if so, which kind suits our purposes? Can we acquire land here? Is it best to have local partner? Can we retire here? Tax implications?  All this is clarified, enabling informed decisions.

 

 


Local Legal Counsel Interface.

What we do; what we don’t do.  For the duration of a presence in Indonesia spanning over 20 years, throughout our various incarnations until now, Bali Safe Harbor has served as a navigational aid for overseas investors of hard capital in the Indonesian economy.


 
A virtual sea of uncertainty pervades, despite increasing efforts by government agencies to clarify, liberalize and simplify legal procedures.  

Thankfully, the internet now offers many of the rules and regulations for anyone to read and use, much of it in English.

Nonetheless, the somewhat murky law (“hukum”) presents a dilemma to well-intentioned visitors with capital spending and revenues in mind. The language problem persists, since now, all binding agreements must be executed in Indonesian.  Many of the obscure, but essential regulations change frequently, making them difficult for an ordinary person to embrace.  And making some kind of recognizable sense of it all is incredibly time-consuming to say the least.

Because of this improving, albeit perplexing, situation facing foreign entrepreneurs, Bali Safe Harbor serves as a clearing-house, inter-facing between the international community and local legal practitioners.

 

 

Not being Bali lawyers, but bringing off-shore legal expertise to the table, we are uniquely equipped to interact with local legal counsel in order to gain and pass along to our clients, an invaluable distillation of practical insights on time-tested techniques, strategies and procedures that work. The result is an unparalleled client comfort level.

When international documentation including contracts and agreements is needed, we routinely interface with Bali legal counsel to produce structures which are not only secure, but contain inherent full-recourse provisions eliminating court proceedings. 

Arbitration is preferred over the courts, for purposes of transparency, better political insulation and a more level playing field.  Truth is, you won’t find contracts with built-in protection like ours, anywhere.  Nothing else even comes close.

Too frequently, we see investors utilize legal strategies that do not adhere to the norm.  This represents a threat to Indonesia’s carefully-balanced legal system.  When this happens, no one wins.

The selection process:

Lawyers here tend to say they specialize in anything and everything, whether they really do or not.  The consular lawyer lists are strictly hit or miss. 

Over the years, we have become conversant with which Bali attorneys work in English, which are more transparent than others and areas of their respective specialization.  When you retain us, be assured that we shall introduce you to the correct local legal counsel, with whom we are to collaborate to achieve optimal results. 

While you are away from Indonesia, count on us to monitor every document and send you an English translation before it is finalized or filed.   In other words we oversee the proceedings on your behalf each step of the way.  Same goes for documents produced by the opposing party.  Immediately on filing, we have them translated and transmitted to you.

You are constantly in the driver’s seat in all aspects of dispute resolution.  The progress, strategy, payments, court filings and the court calendar, all of which we update to the client in English, on a daily or weekly basis.

When you e-mail us, you will have our reply within 12 hours at most.  Usually within 2 hours.  No exceptions, no excuses, no apologies.  Our telephone lines never close.  Consequently, the client always has a firm fix on what exactly is the state of play, court deadlines, court orders and notices, filings due, and perhaps most importantly, the documents filed by the other party to a case.
   
We have no conflicts of interest, or divided loyalties.  We are dedicated to your objectives and success. 

All communications, documents and discussions are totally privileged and confidential.

Land Acquisitions.  Perhaps the most active area of our practice are land transactions. Leases and land structures most probably keep us busier than anything else. In over twenty years of practice, we have assisted hundreds of clients acquire land with upscale, elegant, simple and secure documentation. Not once has exclusive possession and control been disturbed.
  
Due Diligence. We commonly under-take evaluation examinations and audits on assets, land, buildings or corporate entities, for capital development funding, take-overs, mortgage, or liability purposes. 
 
Also verified are permits, zoning and tax compliance, appraisals, confirmation land boundary line definition, GPS satellite imagery/measurement; title search, and intellectual property listing/ registration, with a full written report on a fast-track basis, in any language. 

Our clients use these reports to justify lines of credit, capital development investment, insurance coverage and risk-benefit analyses.

Eliminate doubt. If you have already closed on a property or other asset acquisition, we can perform an audit to reveal any ownership defects or undetected liabilities.  Not only does this give you peace of mind, but results in a much higher re-sale margin on turn-around. 

Once an asset’s bonafides are established, we provide airtight deeds, leases and loan agreements, written in perfect legal English, on which you can bank. All of our land deeds and leases are guaranteed and certified by an Indonesian legal practitioner, and translated into Indonesian, as required by law.  We also organize the recently amended Hak Pakai as a cost-effective form of land ownership.

Immigration.  Your Immigration status is of vital importance. Records show that about 85% of all legal problems arise from visa use issues.  Having the correct visa for your particular life style or activity, is critical. Difficulties come up mostly because someone else sponsors your own visa.  We show you how to depend on your own local sponsor.  With legitimate visa status, there is no reason why you should ever be at risk with a landlord, partner or official on Bali, just because of your nationality.

High Quality Guidance.  BSH is here to provide the international business community with high quality, essential advice on all the dealings they are likely to have.

We’ve been here long enough to know what will fly and what won’t, in terms of compliance.  When you contact us, you are given an authoritative and quick readout on the validity of your objective and how to make it happen.
   
Low-profile, successful legal strategies, are suggested without the inevitability of things going wrong. We offer legal procedures and solutions to give you total security far into the future.

All our documentation is guaranteed for as long as it used. The on-going decentralization policy of the National government is resulting in new local law and amendments to existing regulations. As new laws are enacted or when existing law is changed, we continually keep both old and new clients advised on all matters that may affect their interests.

Independent Dealings. Our guidance reduces your reliance on “local partners” to an absolute minimum. You, not others, are always in total control of your investment of hard capital. Your leases, your local company, your stock, assets, your immigration visa and your employees, are effectively under your own exclusive authority.

 

 

In your home country, you would never think of basing commercial capital spending on the “trust” of even an old friend; certainly not someone from another nation whom you hardly even know and speaks a different language. Back home you would most likely find a good lawyer to secure everything.  Here, you should do the same thing.

In other words, we focus on putting our clients in a self-reliant business position. Giving you the upper hand. This means optimal control and ownership of a capital development investment activity, including land use agreements, land acquisitions, intellectual property, revenues and capital assets. You simply do not need to depend on “connections”. If Indonesian individuals or companies are required for your business, then use your own local company to hire staff or enter into straightforward contracts and agreements that are fully secured, with built-in, automatic recourse.

If you are already experiencing problems with a local associate or the authorities, we are quite good at influencing a fast, fair and amicable conclusion. We simply can not be intimated or out-maneuvered. The matter will be resolved fair and square.

Our Areas of expertise include:
• Land & Asset Due Diligence
• Utility Contracts & Technical Exhibits
• Land Acquisition & Leases
• Company Formation
• Intellectual Property Protection
• Arbitration
• Immigration Visas, Trouble-shooting             
   & Representation
• Manpower & Labor Documentation
• Mixed Marriages, Separation, Divorce
• International Wills & Estate Planning
• Commercial start-up Procedures
• Mergers & Acquisitions
• Cross-border transactions
• Resort/Hotel Management &
  Concession Agreements
• Secured, Full-recourse Capital
  Spending Structures
• Export production Exclusivity
  Contracts, Joint Venture Agreements
• Non-competition Agreements
• Investment Risk Avoidance
• Revenue Flow & Protection
• International Regulatory Interpretation
  & Compliance
• Licensing
• International Tax Matters
• Crisis Evaluations & Damage Control

Our analysts are well-versed in Indonesian and international procedures. Business with our Office is conducted in English and our staff is proficient in the language.

A key function of BSH is to carefully plan for smooth interaction between overseas clients and their Indonesian counterparts. We believe in the mutually satisfying transactions and agreements that are the results of such planning.

To find out where you stand and how we may assist, try an informal, introductory session, to examine your current circumstances, objectives and to demonstrate how few obstacles actually exist to what you would like to do. There is no fee for this meeting and our counselors are often able to answer many dispositive questions on the spot.

Prospective clients are assured of a welcoming regulatory environment and we are able to present a clear picture of the requirements for success.

Once retained, a fast-track due diligence assessment is performed, and appropriate legal guidance to develop strategies, incorporate businesses, protect assets, acquire property, understand regulations, and minimize the risk potential that may accompany them.

A “win-win” situation is devised with proper documentation and procedures promoting an effective outcome.

Our Firm enjoys excellent rapport with key public agencies and this together with on-line access, positions our counselors to have an accurate and up-to-date compilation of Indonesian regulations and reforms. 
As an Indonesian owned and Internationally operated advisory firm, we are among the most valued professional counselors in the Country. We can facilitate the success of your objectives.

For a courtesy consultation, please call or e-mail: 
Tel./fax:  +62-361/772-690
This email address is being protected from spambots. You need JavaScript enabled to view it.
www.balisafeharbor.com

Clientele has included:

Pt. Tirta Degrémont (Water Treatment)

Bouygues Offshore (Public Works Projects)

Piaggio V.E.S.P.A. (Scooter Manufacture)

Westpac Bank (French Pacific Operations)

ANZ South (South Pacific Operation)

Société Mineré du Sud Pacifique (SMSP)
(Nickel Mining and Smelting)

Lyonnaise des Eaux
(Water & Electrical Utilities)

Sheraton Bali (Hotel & Resorts)

Continental/Air Micronesia Airlines

Polar Air Cargo

Bali International School

Mandara Spas

Sobek Adventure Tours

Nikko/JAL (Resort Hotels)

Méridien S.A. (Resort Hotels)

International Finance Corporation

Byrd Seafood International
(Crabmeat Export)

Shiseido Co. Ltd (Cosmetics)

Hannon’s Waste Management, P/L
(Waste Treatment and Removal)

 

When it comes to transparency, the sky is the limit.

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