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Ankara , 22 nd May 201 2

Lt. col. Rafal Wozniak. Ankara , 22 nd May 201 2. ASSET RECOVERY OFFICE S. POLISH ASSET RECOVERY OFFICE. 2. ASSET RECOVERY DEPARTMENT ESTABLISHMENT. The 5 th December 2008 : the Commander-in-Chief of Police appoints the Asset Recovery Department which serves as.

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Ankara , 22 nd May 201 2

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

  2. ASSET RECOVERY OFFICES POLISH ASSET RECOVERY OFFICE 2

  3. ASSET RECOVERY DEPARTMENT ESTABLISHMENT The 5th December 2008:the Commander-in-Chief of Police appoints the Asset Recovery Departmentwhich serves as Polish Asset Recovery Office

  4. Polish Police Structure and Organisation NationalPolice Headquarters Higher Police School in Szczytno Police Schools (4)‏ ProvinceHeadquarters (16)‏ Metropolitan Headquarters (1)‏ Police Training Centres Anti-terrorist Subunits Specialized Police Stations (railway, water, airport) Riot Police Units Circuit, Municipal and District Police HQs Police Stations Police Outposts

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

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

  7. Polish Police Structure and Organisation DIRECTOR OF CRIMINAL INVESTIGATION BUREAU DEPUTY DIRECTOR DEPUTY DIRECTOR Criminal Department Operative Techniques Department Economic CrimeDepartment Human Search and Identification Department Special Techniques Department Corruption Crime Department Coordination and AnalysisDepartment Operational Techiques SystemsDepartment Asset RecoveryDepartment Investigation Department Cyber CrimeDepartment

  8. Head of the Department police officers civil staff members secretary ASSET RECOVERY DEPARTMENT STRUCTURE 12 staff members

  9. ASSET RECOVERY DEPARTMENT SCOPE OF ACTIVITY

  10. ASSET RECOVERY DEPARTMENT ASSET RECOVERY DEPARTMENT ACTIVITY ensuring international information exchange elaborating suggestions for legislative changes cooperation withnational units conducting international cooperation managingthe set of best practice

  11. POLAND SYSTEM OF CRIMINAL PROCEEDINGS

  12. POLISH SYSTEM of CRIMINAL PROCEEDINGS Law enforcement authorities Prosecutor Court of Law tracing and identificationofcrime-related assets seizureof the suspects’ assetsto cover in advance the fine penalty and money claimof the aggrieved fine penalty anddamage compensationto be imposedon the accused provisional seizureof the movables requesting the courtto convict the accused for fine penalty or compensationfor damages fulfill the sentenceby deciding on the fine penalty and compensationfor damages requestingthe prosecutorsforassets seizure

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

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

  15. STRATEGIC DOCUMENTS National Plan to Counteract and Combat Organised Crime (2012-2016) Effectiveness of asset recovery as one of the statistical area monitored by the Police Commander-in-Chief Outcomes of the 5th Round of Mutual Evaluations 'Financial Crime and Financial Investigations' - Poland (18-22 October 2010)

  16. NEW LEGISLATION Act of 16th September 2011 on exchanging information with EU law enforcement authorities came into force on 1st January 2012 Implements: Swedish Initiative(2006/960/JHA) and Decision on ARO (2007/845/JHA) provisions • Legitimates PolishAsset Recovery Officewithin 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 16

  17. Polish ARO National PoliceHeadquarters contact points national level Ministry ofFinance 3 contact points and FIU General Public Prosecutor’s Office 1 contact point Internal Security Agency Military Police Central Anticorruption Bureau Border Guard Province Police HQs and Directorates of the Central Bureau of Investigation Tax and Revenue Offices Tax Audit Offices Customs Offices Appeal and Circuit Prosecution Service coordinators local level POLISH ASSET RECOVERY SYSTEM

  18. ASSET RECOVERY DEPARTMENT INTERNATIONAL INFORMATION EXCHANGE 18

  19. REQUESTS to/from POLAND Member State ARO request answer Polish border Polish ARO Asset Recovery Department Police Prosecutor’s Office Customs Border Guard Tax authorities • REGISTERS and DATABASES: • accessible directly • not directly accessible

  20. ASSET RECOVERY DEPARTMENT DATABASE ACCESS

  21. 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.

  22. DATABASE ACCESS Data accessible upon the hardcopy requests: POLAND has NOCentralised Bank Account Register Polish ARO has no access to bank and taxsecrecywhen acting for the purpose of international police information exchange on the basis of Council Decisions2007/845/JHA and 2006/960/JHA but…

  23. DATABASE ACCESS Data accessible upon the hardcopy requests: According to thearticle 20 of the Act of 6th April 1990 on the Police,Polish police officershave powerto obtainbank secrecy information (also insurance secrecy) after the court of law acceptancein 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

  24. ASSET RECOVERY OFFICES LEGISLATIVE CHANGES 26

  25. LEGISLATIVE CHANGES Proposals for the legislative changes • simplified access to basic information covered by bank, tax, insurance, brokerage secrecy on the HIT/NO HITbasis • access to this information for Police officers during intelligence phase • establishment of Central Bank Register

  26. ASSET RECOVERY OFFICES INTERNATIONAL CO-OPERATION 28

  27. INTERNATIONAL COOPERATION INTERNATIONAL COOPERATION StAR Stolen Asset Recovery Initiative CEART project FIAC CARIN Financial Investigation and Assets Confiscation Camden Asset Recovery Inter-Agency Network Centres of Excellencein Asset Recoveryand Training EUDEFI project European Unionto Deliver Excellencein Financial Investigations

  28. ARO CONFERENCE 4th PAN-EUROPEAN HIGH LEVEL CONFERENCE ON ASSET RECOVERY OFFICES 24th-25th October 2011, Warsaw • 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

  29. ASSET RECOVERY OFFICES MANAGING THE SET OF BEST PRACTICE 31

  30. BEST PRACTICE – TRAININGS • 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 – about1800 people trained each year • training within the projects co-financed by the European Commission

  31. BEST PRACTICE – TRAININGS TRAINING MATERIALS & PRESENTATIONS • 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

  32. BEST PRACTICE – TRAININGS NATIONAL POLICE HEADQUARTERS CRIMINAL INVESTIGATIONS BUREAU Asset Recovery Department Practical Guide to registersand recordscontaining 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 34

  33. 270 307 482 144

  34. ASSET RECOVERY OFFICES SOME ADVICE FROM POLISH EXPERIENCE 36

  35. SOME ADVICE FROM POLISH EXPERIENCE - I • COOPERATION AT NATIONAL LEVEL • Improve your national system offinancial 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

  36. 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

  37. 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 butindispensable • Good relations with media – creating public opinion • AMO - Asset Management Office establishment

  38. 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

  39. SOME ADVICE FROM POLISH EXPERIENCE - V • HUMAN FACTOR – ARO CREW • Multidisciplinarity– ifit`sreallypossible • Committedpersonnel– theyaregoing to createsomethingnewon a nationalscale • Balance - betweenexperience and reflection & energy and creativity • Involvement of criminalanalysts • Head of ARO – full of energy to overcomeobstacles • Supportof Commander in Chief and other high levelVIPs • Patience and persistence- anychangesneedtime 

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