ankara, 22 nd may 2012 lt. col. rafal wozniak. asset recovery department 22 asset recovery offices...
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Ankara, 22nd May 2012
Lt. col. Rafal Wozniak
ASSET RECOVERY DEPARTMENT 22
ASSET RECOVERY OFFICES
POLISH ASSET RECOVERY OFFICE
ASSET RECOVERY DEPARTMENT 3
The 5th December 2008:the Commander-in-Chief of Police
appoints
the Asset Recovery Departmentwhich serves as
ASSET RECOVERY DEPARTMENT ESTABLISHMENT
ASSET RECOVERY DEPARTMENT 4
Polish Police Structure and Organisation
NationalPolice Headquarters
Province Headquarters (16)Metropolitan Headquarters (1)
Police Training Centres Anti-terrorist Subunits
Specialized Police Stations (railway, water, airport)
Riot Police Units
Police Schools (4)Higher Police School
in Szczytno
Police Outposts Police Stations
Circuit, Municipal and DistrictPolice HQs
ASSET RECOVERY DEPARTMENT 5
Polish POLICE UNITS
Gdańsk
Szczecin
Poznań
Łódź
Bydgoszcz
Olsztyn
Białystok
Warszawa
Lublin
Radom
Kielce
KatowiceOpole
Wrocław
GorzówWlkp.
Kraków
Rzeszów
Słupsk
Piła
Szczytno
Legionowo
Katowice
National Police Headquarters
Province/Metropolitan Police HQs
Police Training Centres
ASSET RECOVERY DEPARTMENT 6
Polish Police Structure and Organisation
Commander in Chief’sCabinet Office
Personel and Training Bureau
Legal Bureau
National CentreFor Criminal Information
Inspection Bureau
Internal AffairsBureau
Police LogisticsBureau
IT Bureau
Bureau of Finances
COMMANDER-IN-CHIEF OF THE POLICE
Classified Information
Protection Bureau
Internal AuditTeam
International Police Co-operation
BureauPrevention Bureau
Command and CrisisManagement
Bureau
AntiterroristicOperations Bureau
Road TrafficBureau
DEPUTY
Central Bureau of Investigation
Criminal Inteligence
Bureau
Central Forensic
Laboratory
FIRST DEPUTY DEPUTY
Criminal Investigation Bureau
ASSET RECOVERY DEPARTMENT 7
Polish Police Structure and Organisation
DEPUTY DIRECTOR
Economic CrimeDepartment
Investigation Department
Coordination and AnalysisDepartment
Corruption Crime Department
Cyber CrimeDepartment
Operative TechniquesDepartment
Special TechniquesDepartment
DIRECTOR OF CRIMINAL INVESTIGATION BUREAU
DEPUTY DIRECTOR
Asset RecoveryDepartment
Criminal Department
Human Search and Identification
Department
Operational Techiques Systems
Department
ASSET RECOVERY DEPARTMENT 8
NATIONAL POLICE HEADQUARTERS
CRIMINAL INVESTIGATION BUREAU
ASSET RECOVERY DEPARTMENT
ASSET RECOVERY DEPARTMENT STRUCTURE
Head of the Department
police officers
civil staff members
secretary
ASSET RECOVERY DEPARTMENT 9
ASSET RECOVERY DEPARTMENT
SCOPE OF ACTIVITY
ASSET RECOVERY DEPARTMENT 10
elaborating suggestions
for legislative changes
cooperation with
national units
ensuring international information exchange
managingthe set of
best practice
conducting international cooperation
ASSET RECOVERY DEPARTMENT ACTIVITY
ASSET RECOVERY
DEPARTMENT
ASSET RECOVERY DEPARTMENT 11
SYSTEM OF CRIMINAL PROCEEDINGS
POLAND
ASSET RECOVERY DEPARTMENT 12
tracing and identificationof crime-related assets
provisional seizureof the movables
requestingthe prosecutors
for assets seizure
seizureof the suspects’ assets
to cover in advance the fine penalty and money claim
of the aggrieved
requesting the court to convict the accused
for fine penalty or compensation for damages
fine penalty anddamage compensation
to be imposedon the accused
fulfill the sentenceby deciding on the fine
penalty and compensationfor damages
POLISH SYSTEM of CRIMINAL PROCEEDINGS
ASSET RECOVERY DEPARTMENT 1313
ASSET RECOVERY DEPARTMENT
CO-OPERATION
AT THE NATIONAL LEVEL
ASSET RECOVERY DEPARTMENT 14
General Prosecutor
Minister of Finance
Minister of Interior and Administration
signed:
The Declaration of Cooperation – 18th of December 2008
Agreement – 15th of September 2009
ASSET RECOVERY DEPARTMENT ESTABLISHMENT
and
ASSET RECOVERY DEPARTMENT 15
STRATEGIC DOCUMENTS
ASSET RECOVERY DEPARTMENT 1616
Act of 16th September 2011
on exchanging information with EU law enforcement authoritiescame into force on 1st January 2012
Implements:
Swedish Initiative (2006/960/JHA) and Decision on ARO (2007/845/JHA)
Legitimates Polish Asset Recovery Office within the National Police Headquarters structures
Assigns authorities entitled to exchange information on tracing crime-related assets – international exchange possible through ARO
Determines principles of information exchange
NEW LEGISLATIONNEW LEGISLATION
ASSET RECOVERY DEPARTMENT 17
natio
nal level
local level
Internal Security Agency
Polish ARO
National PoliceHeadquarters
General Public Prosecutor’s
Office
1 contact point
Tax and Revenue Offices
Tax Audit Offices
Customs Offices
Province Police HQs
and
Directorates of the Central Bureau of
Investigation
Appeal and Circuit
Prosecution Service
con
tact po
ints
coo
rdin
ators
Ministry ofFinance
3 contact points and FIU
Central Anticorruption
Bureau
Military Police Border Guard
POLISH ASSET RECOVERY SYSTEM
ASSET RECOVERY DEPARTMENT 1818
ASSET RECOVERY DEPARTMENT
INTERNATIONAL INFORMATION EXCHANGE
ASSET RECOVERY DEPARTMENT 19
Polish border
REQUESTS to/from POLAND
answerrequest
Police Prosecutor’s Office
CustomsBorder Guard
Tax authorities
REGISTERS and DATABASES:
√ accessible directly√ not directly accessible
ASSET RECOVERY DEPARTMENT 22
ASSET RECOVERY DEPARTMENT
DATABASE ACCESS
ASSET RECOVERY DEPARTMENT
DATABASE ACCESSS
Directly accessible databases:
Police databases (KSIP)
Central Population Register – CEL
Central Vehicle Registry – CEPiK
National Court Register – KRS
National Official Business Register – REGON
New Mortgage Register – NKW
Data accessible upon the hardcopy requests:
Boat registers
Aeroplane Register
SARs/STRs – limited access to data from reports on suspicious activities and suspicious transactions collected and analysed by Polish FIU
Other registersequin registers, farm real estates, etc.
ASSET RECOVERY DEPARTMENT 24
Polish ARO has no access to bank and tax secrecywhen acting for the purpose of international police information exchange
on the basis of Council Decisions2007/845/JHA and 2006/960/JHA
but…
Data accessible upon the hardcopy requests:
DATABASE ACCESS
POLAND has NO
Centralised Bank Account Register
ASSET RECOVERY DEPARTMENT 25
According to thearticle 20 of the Act of 6th April 1990 on the Police,
Polish police officers have power to obtain bank secrecy information (also insurance secrecy)
after the court of law acceptance in intelligence phase
According to thearticle 36e of the Treasury Control Act,
Police during the intelligence phase, may obtain fromTreasury Intelligence Service, information classified as tax secrecy,
concerning a person, company or financial occurrence,
but only whenboth services conduct investigation in similar case
DATABASE ACCESS
Data accessible upon the hardcopy requests:
ASSET RECOVERY DEPARTMENT 2626
ASSET RECOVERY OFFICES
LEGISLATIVE CHANGES
ASSET RECOVERY DEPARTMENT 27
LEGISLATIVE CHANGES
simplified access to basic information covered by bank, tax, insurance, brokerage secrecy on the HIT / NO HIT basis
access to this information for Police officers during intelligence phase
establishment of Central Bank Register
ASSET RECOVERY DEPARTMENT 2828
ASSET RECOVERY OFFICES
INTERNATIONAL
CO-OPERATION
ASSET RECOVERY DEPARTMENT 29
INTERNATIONAL COOPERATION
Centres of Excellence in Asset Recovery
and Training
European Unionto Deliver Excellence
in Financial Investigations
Stolen Asset Recovery Initiative
Camden Asset Recovery Inter-Agency Network
Financial Investigation and Assets
Confiscation
ASSET RECOVERY DEPARTMENT 30
110 delegates from 37 countries participating:
- all 27 EU Member States,
- Non-EU countries: Croatia, FYROM, Guernsey, Norway, Serbia, Switzerland
- 4 countries of the Eastern Partnership: Armenia, Ukraine, Georgia, Moldova,
- European Commission,
- Council of the European Union,
- Europol
- Academic experts
ARO CONFERENCEARO CONFERENCE
ASSET RECOVERY DEPARTMENT 3131
ASSET RECOVERY OFFICES
MANAGING THE SET OF BEST PRACTICE
ASSET RECOVERY DEPARTMENT 32
▼ Trainings and workshops on asset recovery
elaborating the common asset recovery programme
of police training carried out by all Police Schools
assisting Police educational units in preparing
teaching staff to conduct specialised classes
participating – as lecturers – in regional police units’
trainings – about 1800 people trained each year
training within the projects co-financed by the
European Commission
BEST PRACTICE – TRAININGS
ASSET RECOVERY DEPARTMENT 33
BEST PRACTICE – TRAININGS
Guidebook on asset recovery;
International cooperation;
Criminal proceedings;
Intelligence activities;
Model request form;
Access to information covered by different types of secrecy;
Means of transport;
Money and other values;
Real property;
Monuments.
Assets’ Hunter Decalogue
ASSET RECOVERY DEPARTMENT 3434
NATIONAL POLICE HEADQUARTERS
CRIMINAL INVESTIGATIONS BUREAU
Asset Recovery Department
Practical Guide
to registers and records containing information on assets issues
Firts edition - March 2010
Second edition - September 2011
Third edition - April 2012
Polish ARO has developed "A Practical Guide to the records" including:
1. Tabel with a list of records and registers,
2. The aforementioned registers characteristics,
3. Contact details of particular institutions and offices,
4. model requests and authorizations,
5. selected legislation
BEST PRACTICE – TRAININGS
ASSET RECOVERY DEPARTMENT 35
482 144270 307
ASSET RECOVERY DEPARTMENT 3636
ASSET RECOVERY OFFICES
SOME ADVICE FROM
POLISH EXPERIENCE
ASSET RECOVERY DEPARTMENT 37
SOME ADVICE FROM POLISH EXPERIENCE - I
COOPERATION AT NATIONAL LEVEL
• Improve your national system of financial investigation and asset recovery
• ARO location – access to different kinds of information, databases and
registers as well as the possibility of direct cooperation
• Multidisciplinarity – real – not fictitious
• Persons appointed to cooperate with ARO – decision-makers, real
influence on the institutions’ that they represent
• Central and local structures – even informal ones
ASSET RECOVERY DEPARTMENT 38
SOME ADVICE FROM POLISH EXPERIENCE - II
INTERNATIONAL INFORMATION EXCHANGE
• Direct access to different secure information exchange channels
• Functioning & adequate technical equipment
• Practical knowledge of the English language and others by ARO staff
• Participation in international training projects and other undertakings
- priceless experience and a great motivation for employees
• Good cooperation with foreign partners
ASSET RECOVERY DEPARTMENT 39
SOME ADVICE FROM POLISH EXPERIENCE - III
LEGISLATIVE CHANGES
• Use the existing law - instead of creating new one
• Lack of legal barriers – obtaining information at the national level
and their international exchange,
• Group of experts from different authorities
• Political support – inconvenient but indispensable
• Good relations with media – creating public opinion
• AMO - Asset Management Office establishment
ASSET RECOVERY DEPARTMENT 40
SOME ADVICE FROM POLISH EXPERIENCE - IV
MANAGING THE SET OF BEST PRACTISE
• Permanent training – changing the mentality and acquiring new skills
is the key to success
• Creation of national training system – from basic to advanced one
and also for management staff
• System of accreditation for financial investigators
• Development and distribution of the training materials
• Statistical reports and permanent evaluation system
ASSET RECOVERY DEPARTMENT 41
SOME ADVICE FROM POLISH EXPERIENCE - V
HUMAN FACTOR – ARO CREW
• Multidisciplinarity – if it`s really possible
• Committed personnel – they are going to create something new
on a national scale
• Balance - between experience and reflection & energy and creativity
• Involvement of criminal analysts
• Head of ARO – full of energy to overcome obstacles
• Support of Commander in Chief and other high level VIPs
• Patience and persistence - any changes need time Patience and persistence - any changes need time
ASSET RECOVERY DEPARTMENT
THANK YOU FOR YOUR ATTENTION
ASSET RECOVERY DEPARTMENT
CONTACT DETAILS
NATIONAL POLICE HEADQUARTERSCRIMINAL INVESTIGATION BUREAUASSET RECOVERY DEPARTMENT
148/150 Pulawska St.02-624 Warsaw
POLAND
tel.: +48 (22) 60 153 06+48 (22) 60 153 37
fax: +48 (22) 60 153 86
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