Regulation (2007:972) with instruction for the Swedish Economic Crime Authority

Transcription

1 SFS no: 2007:972 Department/authority: Ministry of Justice Å Issued: 22/11/2007 Changed: up to SFS 2008:1398 Regulation (2007:972) with instruction for the Swedish Economic Crime Authority Tasks 1 The Swedish Economic Crime Authority is responsible for matters of coordination and other measures against economic crime to the extent that arises from the application of this regulation, other statutes or Government decisions. The Swedish Economic Crime Authority is also responsible for coordinating national measures against fraud, abuse and other improper and inefficient handling and use of EU-related funds in Sweden. 2 The following cases are handled by the Swedish Economic Crime 1. Cases that relate to the County of Stockholm, the County of Västra Götaland, the County of Skåne, the County of Halland, the County of Blekinge and the County of Gotland, and a) that refer to Chapt. 11 of the Swedish Penal Code (Brottsbalken), the Act on Safeguarding of Pension Commitments (Lagen om tryggande av pensionsutfästelse m.m., 1967:531), the Tax Crime Law (Skattebrottslagen, 1971:69) or the Swedish Companies Act (Aktiebolagslagen, 2005:551), or b) the handling of which would otherwise place special demands on knowledge of financial conditions, business relations, tax law or similar. 2. Cases referring to Chapt. 9, 1-3 of the Swedish Penal Code (Brottsbalken), if the act concerns the EU s financial interests and Chapt. 9, 3 a of the Swedish Penal Code. 3. Cases referring to the Market Abuse Act (Lagen om straff för marknadsmissbruk vid handel med finansiella instrument, 2005:377). 4. Cases that ought to be handled by the Swedish Economic Crime Authority, with the primary consideration that the case concerns qualified economic crime with national spread or international links or is of a fundamental nature or of great scope. Such cases may be taken over by the Swedish Economic Crime Authority following a request by the Swedish Prosecution

2 If a case concerns both crime as referred to in the first paragraph and other crime (mixed crime), it will be heard by the most appropriate prosecution authority with consideration for the circumstances. If it is unclear where a case should be heard, the matter is decided by the Chief Public Prosecutor. 3 In counties where the Swedish Economic Crime Authority is not responsible for the prosecution activity, the Authority coordinates activity concerned with economic crime, together with the Swedish Prosecution 4 The Swedish Economic Crime Authority shall develop methods to combat economic crime more effectively. In particular, it shall follow and analyse the development of economic crime and the application of law, and draw up proposals for measures. 5 The Swedish Economic Crime Authority shall be the contact authority on issues concerning the European Commission s European Anti-Fraud Office (OLAF). 5 a /Comes into force I:01/02/2009/ The Swedish Economic Crime Authority shall be a national office for the recovery of assets according to the Council s decision 2007/845/RIF of 6 December 2007 on cooperation between the member states asset recovery offices when it comes to tracing and identifying gains or other property arising from crime. Regulation (2008:1398). 6 The Swedish Economic Crime Authority shall provide information on economic crime to other authorities, municipalities, industry and organisations as well as to the public. Cooperation 7 The Swedish Police Service calls in police officers from the police authorities for activities carried out at the Swedish Economic Crime The Swedish Economic Crime Authority leads the activities that the police officers take part in at the Authority, with the exception of the measures in the activity that, according to law or other statutes, may only be carried out by staff employed by the Police. The Swedish Economic Crime Authority and the Swedish Police Service, in consultation, shall decide on and continue to develop forms of cooperation between the Swedish Economic Crime Authority and the Police. 8 Staff from the Swedish National Tax Board, the Swedish Enforcement Authority, Swedish Customs and other authorities are stationed at the

3 Swedish Economic Crime Authority to the extent agreed on between the Swedish Economic Crime Authority and the authority concerned. Leadership 9 The authority is led by the head of an authority. 10 There shall be an advisory committee made up of a maximum of eight members at the Organisation 11 There shall be a number of prosecution offices at the Swedish Economic Crime Authority as decided by the Appointments and assignments 12 The Director-General is the head of the The Director-General is competent on prosecution issues and in his/her position as senior prosecutor. Staff disciplinary board 13 There shall be a staff disciplinary board at the Application of certain regulations 14 The Authority shall apply the Personnel Representation Act (Personalföreträdarförordningen, 1987:1101). Further provisions for the prosecution authority 15 Further provisions for the prosecution authority can be found in Chapt. 7 of the Code of Judicial Procedure (Rättegångsbalken) and the Prosecutor Ordinance (Åklagarförordningen, 2004:1265). Special authorities The EU Anti-Fraud Council 16 There shall be a council, the EU Anti-Fraud Council, to promote efficient and correct use of EU-related funds and measures against fraud, abuse and other improper handling of such funds in Sweden. The Swedish Economic Crime Authority is responsible for the Council s secretariat functions. Regulation (2008:119). 17 The Council shall

4 - promote cooperation between affected authorities to improve efficiency with regard to preventing, discovering, investigating and taking action in the event of suspected incorrect use of EU-related funds, - follow developments within its area of responsibility and propose or initiate measures to maintain the protection of the EU s financial interests, - be a forum for the exchange of information and experiences, - analyse and evaluate contributions in the field. Regulation (2008:119). 17 a The Council shall submit a report at the latest by 15 March, every three years, to the Government regarding the protection of the EU s financial interests in Sweden. The report shall show the measures that have been taken to promote efficient and correct handling of EU-related funds and coordinate the affected authorities contributions against fraud, abuse and other improper handling of such funds. The report shall also show how the Council s work has developed and how the Council intends to carry on its work over the coming three years. If, in the time between the Council s reports, information emerges that the Government ought to be aware of directly, this shall be reported separately. Regulation (2008:119). 18 The Council includes representatives of the Swedish Economic Crime Authority, the Swedish Police Service, Swedish Customs, the Swedish National Financial Management Authority, the Swedish Board of Agriculture, the Swedish Board of Fisheries, the Västerbotten County Administrative Board, the Swedish Migration Board, the Swedish Agency for Economic and Regional Growth and the European Social Fund in Sweden. Each authority on the Council shall appoint a member and a substitute. The Swedish Economic Crime Authority s member is Chairman of the Council. The Council may, if necessary, appoint one or more members with special expert knowledge. They contribute to the work of the Council to the extent decided on by the Chairman. The composition of the Council shall be such that it promotes the development of highly qualified and effective cooperation between the authorities and other actors in the field. Regulation (2008:119). Exceptions to the Government Agencies Ordinance 19 The following provisions in the Government Agencies Ordinance (Myndighetsförordningen, 2007:515) shall only be applied to the authority in administrative cases: 20 on the presentation of a report,

5 21 on the Authority s decision, 27 on the Authority s right to represent the Government in court, and 29 on the list of cases. Transitional provisions 2008: This regulation takes effect on 1 May Reporting according to 17 a, first paragraph shall take place for the first time in 2010.