Presentation on theme: "Cooperation at International Level – CARIN, ARO Platform, AMON"— Presentation transcript:
1 Cooperation at International Level – CARIN, ARO Platform, AMON Europol Unclassified - Basic Protection LevelCooperation at International Level – CARIN, ARO Platform, AMONJill THOMASSpecialistEuropol Criminal Assets BureauTAIEX Seminar on Asset Recovery OfficesAnkara – 14 & 15 December 2011
2 Content Camden Asset Recovery Interagency Network CARIN What is itHow was it developedHow does it workAsset Recovery Offices (ARO) PlatformInformal Network of Money Laundering Investigation Units AMONQuestions and Answers
3 Introduction◊ The cross border fight against international crime receives support from many legal instruments, both international and European (international conventions and framework decisions)◊ In practice, these measures can only be applied with good cross border, inter-agency co-operation◊ The human element always plays a key roleThere are many legal instruments dealing with international cooperation in combating transnational organised crime: international, regional and European. The international legal instruments have been implemented in the national legal orders of the countries in different ways based on the different legal systems, traditions and constitutional regimes. The process of applying those instruments in practice is difficult and cumbersome. It does not reflect the needs of the investigators. Key element of an asset tracing investigation or for a freezing of assets is speed. It should be fast otherwise there is a risk of transferring the assets or transforming the property. Therefore, there should be an effective mechanism for international cooperation in place. And let be honest, behind any legal obligation or legal text there is a person who should apply it therefore the human factor is extremely important.
4 The History of CARIN◊ at a EU confiscation seminar in 2002, one of the workshop recommendations was the creation of an informal network of experts in the field of asset forfeiture.◊ Launched September 2004at a conference workshop on asset recovery in 2002, one of the recommendations was the creation of an informal network of experts in the field of asset recovery. Two years later the launch conference of CARIN took place in the Hague. All states, jurisdictions and international organisations which were present at the conference became members of the network.4444
5 Camden Asset Recovery Inter-Agency Network CARIN ◊ an informal network of◊ English speaking◊ judicial and law enforcement practitioners (interagency)◊ experts in the field of asset tracing, freezing, seizure and confiscation.CARIN is an informal network of experts-practitioners in the field f asset tracing, freezing and confiscation. It is an interagency network which means that each Ms is represented by a law-enforcement officer and a judicial expert (prosecutor, investigating judge, ets depending on the legal system). The idea is that the whole process from the starting point in the investigation which is usually related to the asset tracing to the end – the confiscation which is usually during a court proceeding is covered. The representatives of the MS are called “national contact points”. All of them are English speaking because the working language of the Network is English and may be contacted directly by phone or5555
6 Structure, Aims and Objectives The aim of CARIN is:to increase the effectiveness of members’ efforts on a multi-agency basis, in depriving criminals of their illicit profitsCARIN ManualThe aim of the Network is to increase the effectiveness of its members on a multi-agency basis to deprive criminals from their illicit profits.There is a manual according to which the network functions. The membership criteria are set up in the Manual. For example, there are members, observers and associate members. They are membership rights defer based on the criteria which apply for there selection.6666
7 Structure, Aims and Objectives ◊ 2 contacts from each member jurisdiction or organisation◊ Steering Group – 9 members◊ Presidency - Annual◊ EUROPOL - permanent Secretariat/SG observer◊ EUROJUST - SG observereach member state or jurisdiction appoints one law-enforcement and one judicial representative who are experts in the field of asset recovery. All members gather once a year during the Annual General Meeting where they discuss a particular problem or problems. For example, this year’s topic of the AGM is targeting unexplained wealth, the previous year’s topic was alternative possibilities to trace and freeze assets prior to MLA, or asset management, NCB confiscation, etc. The Network is supported by a SG which consists of 9 members. The SG has 3-4 meeting during the year to discuss and prepare the AGM. Based on the AGM outcomes and recommendations working groups may be established if further research or work is required. Europol hosts the permanent Secretariat of the Network. Eurojust is a permanent observer at the SG. One the countries or jurisdictions which are members of the SG hold the Presidency of the Network and is responsible for organising and hosting the AGM7777
8 Structure Annual General Meetings were held in 2004 - Netherlands IrelandAustriaUKFranceUSACzech Republic2011 – Bulgaria2012 – Hungary2013 – IrelandSpainThe purpose of these Annual Plenaries is to discuss 'best practice' and 'barriers to cooperation' in relation to confiscating the proceed of crimeAt each meeting, the workshops produce recommendations.8888
10 Turkey CARIN Contact Law Enforcement Contact Turkish National Police Muhammet Murat YASARJudicial Contact?Not yet…10101010
11 49 Countries / Jurisdictions: 60 Members September 201149 Countries / Jurisdictions:Albania, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Gibraltar, Greece, Guernsey, Hungary, Iceland, Ireland, Isle of Man, Israel, Italy, Jersey, Latvia, Liechtenstein, Lithuania, Luxembourg, Macedonia, Malta, Moldova, Monaco, Montenegro, The Netherlands, Norway, Poland, Portugal, Romania, Russia, Serbia, Slovak Republic, Slovenia, South Africa, Spain, Sweden, Switzerland, Turkey, United Kingdom, United States of America. At the moment there are 60 members of the Network: 55 members and observers; 9 IOs and 2 regional networks. Non-law enforcement bodies which are members of CARIN with associate status are: WB, IMF and UNODC9 International Organisations:Europol, Egmont Group, Eurojust, International Criminal Court (ICC), International Monetary Fund (IMF), Interpol, OLAF, United Nations Office on Drugs and Crime (UNODC), World Bank11111111
12 International Organisations as Observers EUROPOL – Secretariat/Permanent ObserverEUROJUST–Permanent ObserverINTERPOLOLAFUNODC (United Nations Office on Drugs and Crime)EGMONTICC.12121212
13 CARIN Style NetworksCamden Asset Recovery Inter-Agency Network (CARIN)Secretariat located at EuropolAsset Recovery Inter-Agency Network Southern Africa (ARINSA)Secretariat located at the South African National Asset Forfeiture UnitRed de Recuperacion de Activos de GAFISUD (RRAG)Secretariat located at the GAFISUD Secretariat OfficeCARIN has been a very successful initiative and at some point many countries from all over the world expressed their will to join. So for a couple of year there has been a discussion on the future development of CARIN as a global or regional network. There were arguments and debates but the final decision was made that the Network is based on the close contacts between its members. They meet, they discuss, they know each other, and they trust each other. So it was decided that the network will continue to exist as a regional, mainly European network and it will support the creation of regional CARIN-style networks if requested. The CARIN – style networks cooperate with each other through the Secretariats. So far 2 regional CARIN-style networks have been established.The next Regional CARIN style network proposed is in the ASEAN region - ARINSEA13131313
15 Asset Recovery Inter-Agency Network 7 Members November 2010ARINSAAsset Recovery Inter-Agency Networkof Southern AfricaBotswanaMauritiusNamibiaSouth AfricaTanzaniaZambiaZimbabweARINSA with 7 members. The Secretariat is located at the South African National Asset forfeiture Unit15151515
16 Red de la Recuperación de Activos de GAFISUD 12 Members November 2010RRAGRed de la Recuperación de Activos de GAFISUDArgentinaBoliviaBrazilChileColombiaCosta RicaEcuadorMéxicoPanamáParaguayPeruUruguay.16161616
17 How does it work? ◊ CARIN as a network has no legal basis ◊ CARIN contacts are not linked electronically◊ The CARIN contacts list forms the basis of the network◊ Informal network – formal channels◊ The Network Contacts are the practitioners in the field. The Network is informal BUT it uses formal channels. This means that the CARIN list of contacts forms the basis of the Network. In order to receive information one should use formal legal channels.17171717
18 How does it work? Operational Involvement ◊ CARIN contacts provide general information on the possibilities in their own jurisdictions◊ And facilitate the effective exchange of information and intelligence where necessary. CARIN is Primarily an Operational support tool. The operational involvement of the Network is limited to: providing advice on the legal possibilities to freeze, seize or confiscate criminal assets and facilitating the exchange of information and intelligence within the limits of the legal framework in each country/jurisdiction18181818
19 How does it work? Strategic Involvement ◊ CARIN contacts undertake to meet all the strategic objectives in the CARIN Manual for their own jurisdictions◊ Meet at an Annual Conference and (in workshops) make recommendations to overcome barriers and problems.19191919
20 CARIN and AROs? How does this fit with the AROs? CARIN Network basis for national AROsAt least 1 CARIN contact (usually the LE contact) should be in the ARONo duplication, but synergy with CARINOne of the key objectives for the CARIN network, since it’s inception in 2004, has been to encourage the establishment of National Asset Recovery Offices, as it was and still is clear from those jurisdictions that have them, co-operation works more effectively when there is a central offices in existence. At the annual CARIN meeting in 2005, the Austrain CARIN SG member made a proposal to the CARIN network that there could be a Council Decision regarding this and that Austria would start this initiative during its presidency in During the Summer of 2005, the CARIN SG spent 2 days in Jersey reviewing an initial draft of the Council Decision, and eventually agreed on it’s contents. Austria were keen to get the support of the practitioners with this Decision from the beginning as it felt that the instrument would only be effective if it complemented the existing network which had been established in CARIN. Further to this, CARIN had always based its success on its informal structure and the SG did not want this to be compromised too much also, by too many rules about how it must operate. From August 2005, the Decision was eventually adopted on 6 December 2007.
21 SIENA – a secure channel for direct co-operation between AROs AROs have a legal obligation to co-operate and therefore need a secure channel to exchange informationThe Europol SIENA system offers this secure channel
22 Asset Tracing Case Examples UK – Asset Tracing request from AustriaML Investigation Austria€23 Million in LiechtensteinUK ResidentAustrain Money Laundering Investigation – Subject bought a villa in Austria. Suspicious activity disclosure was made to the Austrian FIU regarding the purchase. Discovered he had purchased a house previously owned by a German National Convicted of very famous fraud – investment scam in the 1990’s - FLOW-Tec scandal. Profiled him and found that he had a bank account in Liechtenstein with €23 million in it. Requested the Liechtenstein authorities to freeze the account LOR to court. Agreed to do this for 2 days only. Wanted proof that the money was the proceeds from crime – link to the Money Laundering. Subject had address in the UK. Austrians needed intelligence quickly – without a LOR to provide indications to the court that the money could have been the proceeds from crime Smoke – explain….France - Met Police MIT money launderer S. of England. Believed he had assets in France. Contacted the ECAB for advice. Made a request to PIAC who found 2 properties in Cannes and Nice, and a accounts. As request was made without a Com Rog, were reluctant to release all the information. Suggested a meeting. Took met officer to Paris discussed the case. Co-ordination required. Must have shown in the Com Rog that the ML activity was going on at the time of the purchase of the property.2222
23 Informal Network of Money Laundering Investigation Units AMON Will be launched in January 2012Informal network of national contacts and cooperative group in all aspects related to tackling money laundering activitiesAIM: to enhance and facilitate information exchange between Money Laundering Investigation Units (as opposed to FIUs) via existing legal channelsEstablish AMON as an European center of Excellence on all aspects of the criminal investigation of money laundering
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