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DIRTY BANKERS

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PLANTATIONS<br />

As of December 2015, Bumitama controlled a total of 23<br />

plantation companies 76 and 12 crude palm oil (CPO) mills. 77 At the<br />

same time, it owned and/or controlled a landbank of 207,000ha<br />

in Central Kalimantan, West Kalimantan and Riau, 78 of which<br />

164,177ha were planted (including 44,498ha of plasma scheme<br />

plantation). 79 At this point, the company reported that ‘only<br />

49.5% of our planted area has reached peak production age’. 80<br />

PAST CONCERNS AND COMPLAINTS<br />

Greenpeace investigations in 2012 and 2013 documented<br />

destructive or illegal activity in Bumitama concessions in<br />

Kalimantan, including extensive deforestation, peatland<br />

conversion in new concession areas supposedly covered by<br />

the Indonesian Government’s moratorium and destruction of<br />

HCV forest including orangutan habitat. 81 This had a lasting<br />

impact on the landscapes in which Bumitama operates. In<br />

2015, a Greenpeace investigation highlighted how severe fires<br />

had broken out in Bumitama’s PT Andalan Sukses Makmur<br />

(PT ASMR) concession following the sustained conversion of<br />

peatland and forest areas, including HCV forest and orangutan<br />

habitat. 82 The concession is immediately adjacent to – and<br />

at one point in its permit history partially overlapped areas<br />

of – Tanjung Puting National Park, which has been designated<br />

a Ramsar site. 83 HSBC policy prohibits ‘knowingly provid[ing]<br />

financial services directly supporting projects which threaten<br />

the special characteristics of … Ramsar Wetlands’. 84<br />

Complaints were made to the RSPO in 2013 over<br />

destruction of HCV forest threatening orangutan populations<br />

in three of Bumitama’s concessions, 85 and the RSPO<br />

suggested that such infractions by the group ‘may not be adhoc<br />

but systemic in nature’. 86<br />

At the time, Bumitama showed little effort to rectify the<br />

problems. Early in 2013, the company claimed to have stopped<br />

all development in one concession – PT Ladang Sawit Mas (PT<br />

LSM) – having been alerted to the presence of orangutans,<br />

although their presence had already been noted in a 2009<br />

environmental impact assessment (AMDAL). However, despite<br />

this undertaking being reinforced by a request from the RSPO<br />

to suspend operations following complaint proceedings being<br />

initiated, Greenpeace analysis of satellite images revealed that<br />

some 1,150ha of forest were cleared between December 2012<br />

and October 2013, 160ha of this after July 2013. This included<br />

significant areas of peatland forest.<br />

Until November 2013, only one of Bumitama’s two main<br />

palm oil subsidiaries (BGA) was a member of the RSPO; the<br />

other (BSL) was not. Bumitama transferred RSPO membership<br />

to the parent group following pressure from NGOs and the<br />

RSPO itself, 87 after previously trying to deflect an RSPO<br />

complaint against a BSL concession (PT ASMR) on the grounds<br />

that BSL was not an RSPO member. 88<br />

HSBC contributed to a US$70m loan to Bumitama in<br />

August 2013. At this date, the group had three outstanding<br />

RSPO complaints against it (see ‘RSPO complaints relating<br />

to Bumitama’), one relating to legality and two relating to<br />

destruction of HCV forest, any one of which would put<br />

Bumitama in clear breach of HSBC’s 2008 ‘Forest land and<br />

forest products sector policy’. 89 What due diligence did HSBC<br />

carry out before making this loan?<br />

RSPO COMPLAINTS<br />

RELATING TO BUMITAMA<br />

1 July 2012 (PT Hati Prima Agro) – complaint by Sawit<br />

Watch – license validity, illegal operations – complaint closed<br />

21 April 2015. 90<br />

10 March 2013 (PT Nabatindo Karya Utama)<br />

– complaint by Centre for Orangutan Protection – clearance<br />

of HCV forest including orangutan habitat – complaint closed<br />

17 September 2015. 91<br />

7 April 2013 (PT Ladang Sawit Mas) – complaint by<br />

Friends of Borneo and International Animal Rescue – clearance<br />

of HCV forest and endangering lives of orangutans – complaint<br />

closed for monitoring 13 August 2014, final closure 2<br />

September 2015. 92<br />

18 September 2013 (PT Andalan Sukses Makmur) –<br />

complaint by Friends of Borneo, Friends of the National Parks<br />

Foundation, Indonesia, Siesfund, Australia – clearance of HCV<br />

forest and illegal planting – complaint closed 14 August 2015. 93<br />

13 November 2015 (Bumitama Gunajaya Abadi) – complaint<br />

by Sawit Watch – illegal operations, failure to pay compensation –<br />

complaint closed for monitoring 13 June 2016. 94<br />

ENVIRONMENTAL POSITION<br />

In 2015, Bumitama introduced a ‘No Deforestation, No Peat<br />

and No Exploitation’ policy 95 and three earlier RSPO complaints<br />

against the company (see ‘RSPO complaints relating to<br />

Bumitama’) were closed.<br />

CERTIFICATION AND TRANSPARENCY<br />

Bumitama has stated that it plans to have its remaining<br />

concessions RSPO-certified by 2020. 96 This fails to meet<br />

HSBC’s policy deadline of full certification by 2018. 97 Bumitama<br />

submitted 2015 Annual Communications of Progress to the<br />

RSPO, but it has not disclosed maps of its concessions, stating<br />

‘unclear legal standing on eMap. Risk of violating local regulations<br />

in sharing maps (refer to letter from DG Plantations, Indonesia<br />

Ministry of Agriculture on 13 Feb 2015).’ 98<br />

MARKET LINKS<br />

According to company data, Apical, 99 Cargill, 100 Golden Agri-<br />

Resources (GAR), 101 IOI, 102 Musim Mas 103 and Wilmar 104 are<br />

customers of Bumitama.<br />

GAR, Wilmar and – via these traders – IOI are known to be<br />

supplied by PT LSM and (GAR and IOI) PT KBAS. 105<br />

AAK refused to confirm or deny any trade relations with<br />

Bumitama. 106 Astra Agro Lestari failed to confirm or deny any<br />

trade relations with Bumitama.<br />

16 <strong>DIRTY</strong> <strong>BANKERS</strong>

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