Lt. col. Rafal Wozniak
Ankara, 22nd May 2012
ASSET RECOVERY OFFICES
POLISH ASSET RECOVERY
OFFICE
ASSET RECOVERY DEPARTMENT
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ASSET RECOVERY DEPARTMENT ESTABLISHMENT
The 5th December 2008:
the Commander-in-Chief of Police
appoints
the Asset Recovery Department
which serves as
ASSET RECOVERY DEPARTMENT
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Polish Police Structure and Organisation
National
Police Headquarters
Higher Police School
in Szczytno
Police Schools (4)
Province Headquarters (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
ASSET RECOVERY DEPARTMENT
Police Outposts
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Polish POLICE UNITS
Słupsk
Gdańsk
Olsztyn
Szczytno
Szczecin
Piła
Gorzów
Wlkp.
Białystok
Bydgoszcz
Legionowo
Poznań
Warszawa
Łódź
Radom
Wrocław
Lublin
Kielce
Opole
National Police Headquarters
Province/Metropolitan Police HQs
Katowice
Rzeszów
Katowice
Kraków
Police Training Centres
ASSET RECOVERY DEPARTMENT
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Polish Police Structure and Organisation
COMMANDER-IN-CHIEF OF THE POLICE
Commander in Chief’s
Cabinet Office
Personel
and Training Bureau
FIRST DEPUTY
DEPUTY
DEPUTY
Legal Bureau
International Police
Co-operation
Bureau
Inspection Bureau
Internal Affairs
Bureau
National Centre
For Criminal
Information
Classified
Information
Protection Bureau
Central Bureau
of Investigation
Criminal
Investigation
Bureau
Criminal
Inteligence
Bureau
Central
Forensic
Laboratory
Prevention Bureau
Command and Crisis
Management
Bureau
Police Logistics
Bureau
IT Bureau
Antiterroristic
Operations Bureau
Road Traffic
Bureau
Bureau
of Finances
Internal Audit
Team
ASSET RECOVERY DEPARTMENT
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Polish Police Structure and Organisation
DIRECTOR OF CRIMINAL INVESTIGATION BUREAU
DEPUTY DIRECTOR
DEPUTY DIRECTOR
Criminal Department
Economic Crime
Department
Corruption Crime
Department
Human Search
and Identification
Department
Operative Techniques
Department
Special Techniques
Department
Coordination and Analysis
Department
Operational
Techiques Systems
Department
Investigation
Department
Cyber Crime
Department
Asset Recovery
Department
ASSET RECOVERY DEPARTMENT
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ASSET RECOVERY DEPARTMENT STRUCTURE
NATIONAL POLICE HEADQUARTERS
CRIMINAL INVESTIGATION BUREAU
ASSET RECOVERY DEPARTMENT
Head of the Department
police officers
civil staff members
secretary
ASSET RECOVERY DEPARTMENT
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ASSET RECOVERY DEPARTMENT
SCOPE OF ACTIVITY
ASSET RECOVERY DEPARTMENT
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ASSET RECOVERY DEPARTMENT ACTIVITY
ensuring
international
information
exchange
elaborating
suggestions
for legislative
changes
cooperation
with
national
units
ASSET
RECOVERY
DEPARTMENT
conducting
international
cooperation
ASSET RECOVERY DEPARTMENT
managing
the set of
best practice
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POLAND
SYSTEM OF CRIMINAL
PROCEEDINGS
ASSET RECOVERY DEPARTMENT
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POLISH SYSTEM of CRIMINAL PROCEEDINGS
tracing and identification
of crime-related assets
seizure
of the suspects’ assets
to cover in advance the fine
penalty and money claim
of the aggrieved
fine penalty and
damage compensation
to be imposed
on the accused
provisional seizure
of the movables
requesting
the prosecutors
for assets seizure
requesting the court
to convict the accused
for fine penalty or
compensation for damages
ASSET RECOVERY DEPARTMENT
fulfill the sentence
by deciding on the fine
penalty and compensation
for damages
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ASSET RECOVERY DEPARTMENT
CO-OPERATION
AT THE NATIONAL LEVEL
ASSET RECOVERY DEPARTMENT
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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
ASSET RECOVERY DEPARTMENT
–
15th of September 2009
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STRATEGIC DOCUMENTS
ASSET RECOVERY DEPARTMENT
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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)
 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
ASSET RECOVERY DEPARTMENT
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POLISH ASSET RECOVERY SYSTEM
national level
contact points
Polish ARO
National Police
Headquarters
Internal
Security
Agency
Ministry of
Finance
Military
Police
General Public
Prosecutor’s
Office
3 contact points
and FIU
Tax Audit Offices
Customs Offices
ASSET RECOVERY DEPARTMENT
Border Guard
Province Police HQs
and
Directorates of the
Central Bureau of
Investigation
Appeal and
Circuit
Prosecution
Service
local level
coordinators
Tax and
Revenue Offices
1 contact point
Central
Anticorruption
Bureau
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ASSET RECOVERY DEPARTMENT
INTERNATIONAL
INFORMATION EXCHANGE
ASSET RECOVERY DEPARTMENT
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REQUESTS to/from POLAND
request
answer
Polish border
Police
Prosecutor’s Office
Customs
Border Guard
Tax authorities
ASSET RECOVERY DEPARTMENT
REGISTERS and DATABASES:
√ accessible directly
√ not directly accessible
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ASSET RECOVERY DEPARTMENT
DATABASE ACCESS
ASSET RECOVERY DEPARTMENT
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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.
ASSET RECOVERY DEPARTMENT
DATABASE ACCESS
Data accessible upon the hardcopy requests:
POLAND has NO
Centralised Bank Account Register
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…
ASSET RECOVERY DEPARTMENT
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DATABASE ACCESS
Data accessible upon the hardcopy requests:
According to the
article 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 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
ASSET RECOVERY DEPARTMENT
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ASSET RECOVERY OFFICES
LEGISLATIVE CHANGES
ASSET RECOVERY DEPARTMENT
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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
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ASSET RECOVERY OFFICES
INTERNATIONAL
CO-OPERATION
ASSET RECOVERY DEPARTMENT
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INTERNATIONAL COOPERATION
Stolen Asset Recovery
Initiative
Centres of Excellence
in Asset Recovery and
Training
Financial
Investigation and
Assets
Confiscation
ASSET RECOVERY DEPARTMENT
Camden Asset
Recovery InterAgency Network
European Union
to Deliver Excellence
in Financial Investigations
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ARO CONFERENCE
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
ASSET RECOVERY DEPARTMENT
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ASSET RECOVERY OFFICES
MANAGING THE SET
OF BEST PRACTICE
ASSET RECOVERY DEPARTMENT
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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 – about 1800 people trained each year
 training within the projects co-financed by the
European Commission
ASSET RECOVERY DEPARTMENT
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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
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BEST PRACTICE – TRAININGS
Polish ARO has developed
"A Practical Guide to the records"
including:
NATIONAL POLICE HEADQUARTERS
CRIMINAL INVESTIGATIONS BUREAU
Asset Recovery Department
1. Tabel with a list of records and
registers,
2. The aforementioned registers
characteristics,
Practical Guide
to registers and records
containing information on assets issues
3. Contact details of particular
institutions and offices,
4. model requests and authorizations,
5. selected legislation
Firts edition - March 2010
Second edition - September 2011
Third edition - April 2012
ASSET RECOVERY DEPARTMENT
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ASSET RECOVERY IN2009-2012
500,000,000
450,000,000
400,000,000
350,000,000
300,000,000
250,000,000
200,000,000
150,000,000
100,000,000
270
307
482
144
50,000,000
0
2009
ASSET RECOVERY DEPARTMENT
2010
2011
2012
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ASSET RECOVERY OFFICES
SOME ADVICE FROM
POLISH EXPERIENCE
ASSET RECOVERY DEPARTMENT
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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
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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
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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
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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
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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 
ASSET RECOVERY DEPARTMENT
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THANK YOU
FOR YOUR ATTENTION
ASSET RECOVERY DEPARTMENT
CONTACT DETAILS
NATIONAL POLICE HEADQUARTERS
CRIMINAL INVESTIGATION BUREAU
ASSET 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
wom-aro@policja.gov.pl
ASSET RECOVERY DEPARTMENT
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