COOPERACIÓN POLICIAL INTERNACIONAL EN LA INVESTIGACIÓN DE BLANQUEO CAPITALES

Transcription

1 COOPERACIÓN POLICIAL INTERNACIONAL EN LA INVESTIGACIÓN DE BLANQUEO CAPITALES Madrid, 9 de Febrero de 2017

2 IMPORTANCE OF INTERNATIONAL COOPERATION Today it is common for OCGs that have an international character. The OCG diversify not only their areas of criminal activity, but also diversify their investments of illicit profit. The OCG know that this use of different countries extremely difficult investigations against its structure. For a complete dismantling of the OCG investigated it is essential global research on it in all countries where it acts.

3 IMPORTANCE OF INTERNATIONAL COOPERATION Multiple international cooperation tools available to the investigator. Collaboration at different levels: police, prosecutor and judicial. Continuous training on the use of such tools is necessary : What, How, Who, Why, For What, When. But such collaboration channels are not perfect, many problems appear that difficult or made impossible the collaboration.

4 Crime doesn t pay. AND ASSET RECOVERY It is one of the pillars of the economic and financial research of an investigation: recover the profit and deprive it to OCG. Prevents OCG continue its activity, by eliminating its ability to finance its activities through reuse their assets. Need to look not only in the country where they commit crimes, but where they invest the profits.

5 POLICE INTERNATIONAL COOPERATION IN ML

6 Police Cooperation

7 EUROPOL Europol's support to EU MS investigators is based on four basic pillars: Facilitate the exchange of information: Organized crime or serious crime affecting 2 or more countries (*) Exchange of information through SIENA (secure channel). Coordination of international investigations. Maintain centralized systems of data storage for cross-reference and analysis of information: Europol Information System (SIE). Analysis Files / Focal Points (AWF / FP) - FP SUSTRANS. Provide analytical support: Analysts and analysis tools at EU level. Mobile Office.

8 INTERPOL INTERPOL has police communication channels and alert systems that allow police around the world to exchange data instantly and securely. A world-wide system of protected police communication known as I-24/7 is available. It allows authorized users to exchange police information and access INTERPOL databases and services 24 hours a day. The OCN centralizes all queries and operational requests, via . INTERPOL NOTICES are international notices used to inform the police of all member countries about wanted persons, dangerous offenders, potential hazards and missing persons. Diffusions are similar notices that NCBs can send directly to countries in order to request the location or detention of a person or to request additional information to contribute to an investigation.

9 SIRENE In order to ensure security in the Schengen area, it is necessary to strengthen external border controls and police and judicial cooperation. To this end, the Schengen Information System (SIS) is created as a BBDD of persons and objects of police / judicial interest. For the exchange of information complementary to SIS alerts, the SIRENE Office is created, one in each Member State with 24/7 permanent service. In Spain, the SIRENE Office also processes other requests for police cooperation: Cross-border surveillance and prosecution (Art 40, 41 CAAS). Treaty of Prüm (Council Decisions 2008/615 / JHA and 2008/616 / JHA). Swedish Initiative (Council Framework Decision 2006/960 / JHA).

10 LIASION OFFICERS Spain has a series of aggregates and liaison officers in different countries of interest to our country. Different countries also have liaison officers in Spain. Using the network of liaison officers in different countries to get information and collaboration. Their objective is to facilitate the development of international information exchanges and collaboration, although other ways are used. Direct contacts via phone or .

11 AMON (Anti Money Laundering Operational Network) AMON is an initiative, officially launched in 2012, established to create an international network of LE practitioners working in the area of anti-money laundering investigations. It is an informal cooperative group of professional investigators focused on all aspects related to tackling money laundering activities. AMON does not replace official cooperation processes or formal channels, such as Europol or Interpol. As a member of AMON you are part of a network of investigators based on mutual trust and interpersonal relations in order to enhance the effectiveness of cross-border investigations into ML, by providing faster responses and pooled expertise.

12 AMON To date, AMON network comprises practitioners from 29 jurisdictions and 2 international organizations. In addition other jurisdictions in EU and beyond have expressed their willingness to join the network.

13 AMON Each member of AMON appoints one or more experienced practitioners to act as National Contact Points. There are two ways to access the AMON network in order to receive assistance: via your National Contact Points, who can assist with finding the fastest solution to an inquiry (by mail or phone); via the AMON Secretariat which can assist in providing information about relevant contact points according to your needs.

14 Asset Tracing

15 Red CARIN (Camden Asset Recovery Inter-agency Network) Informal network of asset recovery experts. Founded in Dublin in Previous ARO platform. Worldwide: 64 members. 2 contact points per country, one within the ARO. / important personal contact / English. No response deadlines. Regional networks (ARINSA, RRAG, ARIN-EA, ARIN-AP, ARIN-WA)

16 ARO (Asset Recovery Office) Established in Council Framework Decision 2007/845 / JHA of 6 December 2007 on cooperation between Member States' ORAs in the area of monitoring and identification of proceeds of crime or property related to crime. 2 Asset Recovery Offices (ARO) are designated in Spain: Center of Intelligence for Terrorism and Organized Crime (CITCO) - administrative character. To locate assets, there are two Asset Location Offices within National Police and Civil Guard. Special Anti-drug Prosecution Office - Judicial nature. Recent creation in Spain of ORGA (Office of Recovery and Asset Management) at judicial level.

17 FIU Cooperation

18 SEPBLAC Sepblac is Spain s Financial Intelligence Unit (FIU) and AML/CFT Supervisory Authority. Sepblac conducts both operational and strategic analysis: Receives STRs and other information required by national legislation and disseminates the results of its analysis to competent judicial, law enforcement or administrative authorities, as appropriate. Sepblac s strategic analysis, aimed at identifying patterns, tendencies and typologies, determines possible threats and vulnerabilities and informs AML/CFT policies. Sepblac is legally empowered to require from all reporting entities all information and documentation needed to perform its functions. Failure to comply with this legal obligation constitutes an offence. Sepblac exchanges information with foreign FIUs in accordance with the Egmont Group principles or under the terms of the relevant memorandum of understanding. Exchanging of information could be spontaneously and upon request.

19 FIU.NET FIU.net is a decentralised and sophisticated computer network supporting the FIUs in the European Union in their fight against money laundering and the financing of terrorism. FIU.net was created by financial intelligence units in all EU Member States, with the financial support of the European Commission (Council Decision 2000/642/JHA). Benefits: Allow the individual FIUs to identify connections between the financial intelligence they collect and criminal intelligence stored at Europol. Europol can offer its partners both centralised and decentralised options for exchanging information, so information can pass either through Europol or directly from one FIU to another. Europol can serve as an information hub within FIU.net. Europol and individual FIUs can respond rapidly to any situations requiring urgent action.

20 Thank For Your Attention?! Questions?! Fernando SANZ AYUSO Inspector, Jefe de Grupo GRUPO 23 Brigada Central de Investigación de Blanqueo de Capitales y Anticorrupción Unidad Central de Delincuencia Económica y Fiscal Comisaría General de Policía Judicial Cuerpo Nacional de Policía Tlf: / 2443 Fax: mail: cgpj.bbcg23@policia.es