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Ankara, 22 nd May 2012 Lt. col. Rafal Wozniak. ASSET RECOVERY DEPARTMENT 22 ASSET RECOVERY OFFICES POLISH ASSET RECOVERY OFFICE.

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Presentation on theme: "Ankara, 22 nd May 2012 Lt. col. Rafal Wozniak. ASSET RECOVERY DEPARTMENT 22 ASSET RECOVERY OFFICES POLISH ASSET RECOVERY OFFICE."— Presentation transcript:

1 Ankara, 22 nd May 2012 Lt. col. Rafal Wozniak

2 ASSET RECOVERY DEPARTMENT 22 ASSET RECOVERY OFFICES POLISH ASSET RECOVERY OFFICE

3 ASSET RECOVERY DEPARTMENT 3 The 5 th December 2008: the Commander-in-Chief of Police appoints the Asset Recovery Department which serves as ASSET RECOVERY DEPARTMENT ESTABLISHMENT

4 ASSET RECOVERY DEPARTMENT 4 Polish Police Structure and Organisation National Police 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 District Police HQs

5 ASSET RECOVERY DEPARTMENT 5 Polish POLICE UNITS Gdańsk Szczecin Poznań Łódź Bydgoszcz Olsztyn Białystok Warszawa Lublin Radom Kielce Katowice Opole Wrocław Gorzów Wlkp. Kraków Rzeszów Słupsk Piła Szczytno Legionowo Katowice National Police Headquarters Province/Metropolitan Police HQs Police Training Centres

6 ASSET RECOVERY DEPARTMENT 6 Polish Police Structure and Organisation Commander in Chief’s Cabinet Office Personel and Training Bureau Legal Bureau National Centre For Criminal Information Inspection Bureau Internal Affairs Bureau Police Logistics Bureau IT Bureau Bureau of Finances COMMANDER-IN-CHIEF OF THE POLICE Classified Information Protection Bureau Internal Audit Team International Police Co-operation Bureau Prevention Bureau Command and Crisis Management Bureau Antiterroristic Operations Bureau Road Traffic Bureau DEPUTY Central Bureau of Investigation Criminal Inteligence Bureau Central Forensic Laboratory FIRST DEPUTY DEPUTY Criminal Investigation Bureau

7 ASSET RECOVERY DEPARTMENT 7 Polish Police Structure and Organisation DEPUTY DIRECTOR Economic Crime Department Investigation Department Coordination and Analysis Department Corruption Crime Department Cyber Crime Department Operative Techniques Department Special Techniques Department DIRECTOR OF CRIMINAL INVESTIGATION BUREAU DEPUTY DIRECTOR Asset Recovery Department Criminal Department Human Search and Identification Department Operational Techiques Systems Department

8 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

9 ASSET RECOVERY DEPARTMENT 9 SCOPE OF ACTIVITY

10 ASSET RECOVERY DEPARTMENT 10 elaborating suggestions for legislative changes cooperation with national units ensuring international information exchange managing the set of best practice conducting international cooperation ASSET RECOVERY DEPARTMENT ACTIVITY ASSET RECOVERY DEPARTMENT

11 11 SYSTEM OF CRIMINAL PROCEEDINGS POLAND

12 ASSET RECOVERY DEPARTMENT 12 tracing and identification of crime-related assets provisional seizure of the movables requesting the prosecutors for assets seizure seizure of 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 and damage compensation to be imposed on the accused fulfill the sentence by deciding on the fine penalty and compensation for damages POLISH SYSTEM of CRIMINAL PROCEEDINGS

13 ASSET RECOVERY DEPARTMENT 13 ASSET RECOVERY DEPARTMENT CO-OPERATION AT THE NATIONAL LEVEL

14 ASSET RECOVERY DEPARTMENT 14 General Prosecutor Minister of Finance Minister of Interior and Administration signed: The Declaration of Cooperation – 18 th of December 2008 Agreement – 15 th of September 2009 ASSET RECOVERY DEPARTMENT ESTABLISHMENT and

15 ASSET RECOVERY DEPARTMENT 15 STRATEGIC DOCUMENTS

16 ASSET RECOVERY DEPARTMENT 16 Act of 16 th September 2011 on exchanging information with EU law enforcement authorities came into force on 1 st 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 LEGISLATION

17 ASSET RECOVERY DEPARTMENT 17 national level local level Internal Security Agency Polish ARO National Police Headquarters 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 contact points coordinators Ministry of Finance 3 contact points and FIU Central Anticorruption Bureau Military Police Border Guard POLISH ASSET RECOVERY SYSTEM

18 ASSET RECOVERY DEPARTMENT 18 ASSET RECOVERY DEPARTMENT INTERNATIONAL INFORMATION EXCHANGE

19 ASSET RECOVERY DEPARTMENT 19 Polish border REQUESTS to/from POLAND answerrequest Police Prosecutor’s Office Customs Border Guard Tax authorities REGISTERS and DATABASES: √ accessible directly √ not directly accessible

20 ASSET RECOVERY DEPARTMENT 20 REQUESTS from POLAND Companies Total number of requests sent : 99 to 38 countries (including 30 requests to 17 countries from outside the UE) Requests referred to: Lithuania Bulgaria Greece Cyprus Czech Republic Luxemburg Irleland France Spain Germany Sweden Great Britain 5 Italy Austria Netherlands Latvia Poland Estonia 1 3 Romania 3 Slovakia 2 Belgium 2 Dania 2

21 ASSET RECOVERY DEPARTMENT 21 Total number of requests: 75 from 18 countries (including 5 requests from 3 non-UE Member States) Companies Lithuania Czech Republic France Germany Sweden Great Britain 11 4 Slovakia 4 Hungary Belgium Requests referred to: REQUESTS to POLAND Poland Greece 2 Netherlands 5 Estonia 1 1 Łotwa Rumunia 1 Dania 1

22 ASSET RECOVERY DEPARTMENT 22 ASSET RECOVERY DEPARTMENT DATABASE ACCESS

23 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 registers equin registers, farm real estates, etc.

24 ASSET RECOVERY DEPARTMENT 24 Polish ARO has no access to bank and tax secrecy when 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

25 ASSET RECOVERY DEPARTMENT 25 According to the article 20 of the Act of 6 th 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 the article 36e of the Treasury Control Act, Police during the intelligence phase, may obtain from Treasury Intelligence Service, information classified as tax secrecy, concerning a person, company or financial occurrence, but only when both services conduct investigation in similar case DATABASE ACCESS Data accessible upon the hardcopy requests:

26 ASSET RECOVERY DEPARTMENT 26 ASSET RECOVERY OFFICES LEGISLATIVE CHANGES

27 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

28 ASSET RECOVERY DEPARTMENT 28 ASSET RECOVERY OFFICES INTERNATIONAL CO-OPERATION

29 ASSET RECOVERY DEPARTMENT 29 INTERNATIONAL COOPERATION Centres of Excellence in Asset Recovery and Training European Union to Deliver Excellence in Financial Investigations Stolen Asset Recovery Initiative Camden Asset Recovery Inter- Agency Network Financial Investigation and Assets Confiscation

30 ASSET RECOVERY DEPARTMENT 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 CONFERENCE

31 ASSET RECOVERY DEPARTMENT 31 ASSET RECOVERY OFFICES MANAGING THE SET OF BEST PRACTICE

32 ASSET RECOVERY DEPARTMENT 32 ▼T▼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

33 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

34 ASSET RECOVERY DEPARTMENT 34 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

35 ASSET RECOVERY DEPARTMENT

36 ASSET RECOVERY DEPARTMENT 36 ASSET RECOVERY OFFICES SOME ADVICE FROM POLISH EXPERIENCE

37 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

38 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

39 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

40 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

41 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 timePatience and persistence - any changes need time

42 ASSET RECOVERY DEPARTMENT THANK YOU FOR YOUR ATTENTION

43 ASSET RECOVERY DEPARTMENT CONTACT DETAILS NATIONAL POLICE HEADQUARTERS CRIMINAL INVESTIGATION BUREAU ASSET RECOVERY DEPARTMENT 148/150 Pulawska St Warsaw POLAND tel.: +48 (22) (22) fax:+48 (22)


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