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

Ankara, 22nd May 2012

Lt. col. Rafal Wozniak

ASSET RECOVERY DEPARTMENT 22

ASSET RECOVERY OFFICES

POLISH ASSET RECOVERY OFFICE


The 5th December 2008:the Commander-in-Chief of Police

appoints

the Asset Recovery Departmentwhich serves as

ASSET RECOVERY DEPARTMENT ESTABLISHMENT


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


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



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



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


NATIONAL POLICE HEADQUARTERS

CRIMINAL INVESTIGATION BUREAU

ASSET RECOVERY DEPARTMENT

ASSET RECOVERY DEPARTMENT STRUCTURE

Head of the Department

police officers

civil staff members

secretary



SCOPE OF ACTIVITY


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


SYSTEM OF CRIMINAL PROCEEDINGS

POLAND


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



CO-OPERATION

AT THE NATIONAL LEVEL


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


STRATEGIC DOCUMENTS


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


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



INTERNATIONAL INFORMATION EXCHANGE


Polish border

REQUESTS to/from POLAND

answerrequest

Police Prosecutor’s Office

CustomsBorder Guard

Tax authorities

REGISTERS and DATABASES:

√ accessible directly√ not directly accessible



DATABASE ACCESS


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.


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…


DATABASE ACCESS

POLAND has NO

Centralised Bank Account Register


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




LEGISLATIVE CHANGES


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



INTERNATIONAL

CO-OPERATION


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


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



MANAGING THE SET OF BEST PRACTICE


▼ 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



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


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



482 144270 307



SOME ADVICE FROM

POLISH EXPERIENCE


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


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


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


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


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


THANK YOU FOR YOUR ATTENTION


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

[email protected]

43

Documents

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