Decree Law 89 Of June 11, 2014 - Ratification Decree Law 31 March 2014 N.45 -Provisions Relating To The Powers And The Functioning Of The Office Of The Icpo-Interpol National Central

Original Language Title: Decreto Legge 11 giugno 2014 n.89 - Ratifica Decreto Legge 31 marzo 2014 n.45 -Disposizioni relative alle competenze ed al funzionamento dell'Ufficio Centrale Nazionale dell'OIPC Interpol

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REPUBLIC OF SAN MARINO DECREE - LAW June 11, 2014 n.89 (Ratification Decree-Law 45 of March 31, 2014) We the Captains Regent of the Most Serene Republic of San Marino The Decree - Law 45 of March 31, 2014 - "Provisions on the skills and the ICPO-Interpol National Central Bureau operation ", promulgated: Given the necessity and urgency referred to in Article 2, paragraph 2, point b) of the Constitutional Law and Article 183 of December 15, 2005 12 of the Qualified Law 184 of 15 December 2005, namely: - the need to regulate the competences, powers and functioning of the Office of the ICPO-Interpol National Central (UCN) in order to ensure the effectiveness of the provisions introduced by Decree - Law 21 of 27 February 2014 in implementation of the commitments undertaken with the ratification of the Monetary Convention between the Republic of San Marino and the European Union signed in Brussels on 27 March 2012 took place with Decree Consiliare 7 August 2012 n. 120; - The urgent need to introduce to those guidelines in view of the receipt by the UCN of requests for cooperation and exchange of information in mind the abovementioned Decree - Law no. 21/2014 as well as the next evaluation visit of the Secretariat General of the ICPO-Interpol planned for the month of June 2014 as part of which will be assessed the fulfillment of the Recommendations formulated by the same law with particular reference to the adoption of the San Marino a legal framework is the UCN regulations; Given the decision of the Congress of State no. 31 adopted at its meeting of 24 March 2014; Having regard to the amendments made to the decree above in connection with ratification of the same by the Great and General Council at its meeting on 6 June 2014; The resolution of the Great and General Council 15 of 6 June 2014; Having regard to Articles 8 and 9, paragraph 5, of the Qualified Law n.186 / 2005; We promulgate and publish the final text of the Decree - Law 45 of March 31, 2014 as amended as a result of the amendments approved by the Great and General Council at the time of ratification: PROVISIONS RELATING TO THE POWERS AND THE OPERATION OF THE OFFICE NATIONAL CENTRAL ICPO-INTERPOL Art.1 (National Central Office Functions) 1. the National Central Bureau (in English National Central Bureau - NCB), after briefly UCN, part of the International Organization of Criminal Police (in language English International Criminal Police Organization - ICPO), after briefly ICPO-Interpol, established in the Republic of San Marino, in accordance with Article 32 of the ICPO-Interpol Statute accepted by the Republic of San Marino with the Council Chamber Decree 24 November 2006 n. 125, it is the central national authority responsible for contacts with the offices and the competent authorities of foreign states for their cooperation in the areas of criminal police and security police, in accordance with the Judicial competence and as expressly required by regulations regulations and bilateral and multilateral agreements signed and ratified by the Republic of San Marino. 2. UCN functions, in accordance with those specified in the Statute and the General Regulations of the ICPO-Interpol, are: a) ensure and promote the widest possible mutual assistance between all criminal police authorities within the framework of existing laws in different countries and in the spirit of the "Universal Declaration of Human rights" adopted by the General Assembly of the United Nations December 10, 1948; b) establish and develop all the institutions able to contribute effectively to the prevention and suppression of criminal offenses; c) To perform the functions of the Central Office for the Fake Money (UCFM) of Article 3 of Law 101 of 29 July 2013; d) perform the functions of office for Asset Recovery (English Asset Recovery Office - ARO) in the Decree - Law of 27 February 2014 n.21. Article 2 (Powers and UCN skills) 1. For the purposes of discharging his functions, the UCN, in accordance with the Judicial Authority's responsibilities: a) has power of access, by the persons referred to in Article 3, paragraphs 1 and 2, to the information necessary to give rise to forms of cooperation and exchange of information necessary for the performance of its functions, including, with respect to the completion of the ARO functions, the information held by operators financial system; b) takes care of the technical and operational implementation of international conventions and bilateral and multilateral agreements signed and ratified by the Republic of San Marino in the field of international police cooperation;
c) directs and ensures the active and passive operations extradition of prisoners, the exchange of information in the development of policing at the international level and the operational activities of the Police Corps which provides for international police cooperation; d) making the collection of data, information and tips related to their activities and, where required, collaborates in the procedures of international judicial assistance, including search and capture of fugitives, in all subjects of the criminal police; e) ensures the exchange of police information and Information describing with the national central offices of other States, the General Secretariat of the ICPO-Interpol and the Judicial Authority of San Marino; f) manage relations and the exchange of police information with liaison officers for police issues, at the foreign embassies; g) provide, if necessary with the help of the Operations Centres of the Police Corps, the presence of shifts and / or permanent availability within 24 hours, even in prefestive days and festive, in order to receive all of the ICPO-Interpol and questions where necessary, transmit them to the competent Police Corps; h) participate in the ICPO-Interpol works and at meetings of international organizations where are treated topics related to the criminal police and the Security Police. Art. 3 (Relationship with the public sector, BCSM, AIF and the Police) 1. The UCN responds promptly to the tasks of technical and operational international police cooperation and the needs of the Judicial Authority of San Marino in the exercise of its functions, establishing relationships with: a) the Police Department; b) the Police Corps, with particular reference to access to information and documents held by public and private entities; c) the Central Bank of the Republic of San Marino, after briefly BCSM, and the Agency of Financial Information, later briefly AIF, for banking and financial aspects. 2. The NCU makes use also of the collaboration of the organizational units of the Public Administration and Autonomous Bodies and Companies of the public sector that can contribute in various ways to the fight against crime and international cooperation. 3. The persons referred to in paragraphs 1 and 2 are required to process requests in the manner specified dall'UCN, with particular reference to compliance with the deadlines set out in Article 5 of Law Decree n.21 / 2014. The UCN stipulates with the entities referred to in paragraph 1, letter c) and possibly with the person referred to in paragraph 1 a) and b) and 2 special protocols by which they are, in particular, concerning procedures and limitations cooperation as well as the forms and conditions of access, also via computer, the data and information available at the aforementioned persons and the manner of operation of research of information on UCN delegation. Art. 4 (Provisions relating to the processing of data and information managed dall'UCN) 1. The NCU carries out the exchange of data and information with the General Secretariat dell'OIPC- Interpol and the national central offices of foreign states in accordance with the provisions of Resolution AG-2011-RES-07 adopted dall'OIPC-Interpol concerning the regulation of data processing as well as to any future changes made to the above Resolution. 2. Access to data and police information, databases of Interpol dell'OIPC- system as well as their use by the Police Corps, the judicial authorities and other public administrations or public entities occurs according to the San Marino forms, the manner and with the limitations defined by Regulation of the State Congress adopted on UCN proposal. 3. The data and information contained in the information system of the ICPO-Interpol and made accessible dall'UCN to the entities referred to in paragraph 2 shall be processed and used by them exclusively for the purposes indicated at the time of the access request and in relation to which access has been allowed. The NCU has also right to ask the person in favor of whom has had access to the data of the ICPO-Interpol system clarification and guidance regarding the treatment and use of such data. 4. The Regulation referred to in paragraph 2 shall, also, the terms related to the fulfillment of the information obligations imposed sull'UCN against the General Secretariat of the ICPO - Interpol, the detailed provisions, ex officio or upon request of a party concerned, the data and information treated outdated and / or inaccurate and / or irrelevant dall'UCN and any implementing provisions as regards the rules contained in Resolution AG-2011-RES-07 adopted dall'OIPC-
Interpol. Art.5 (Data access and unenforceability of all'UCN secrecy in the exercise of the function ARO) 1. The Police Authority delegated dall'UCN in mind Article 2, paragraph 1, letter a), has the power access to simple request written reasons in relation to the conduct of the ARO function, even electronically, in full versions, without limitation, data and content information available in registers, archives, registers kept by public administrations, Orders and Professional Colleges , BCSM, police forces and, with the approval of the judge in the case of data and information on judicial activity, the court of law. The access referred to the period prior to the data and information held dall'AIF is exercised within the framework of the activity dall'UCN to the detection, prevention or investigation of money laundering offenses, predicate offenses, crime organized and terrorist financing. 2. The delegated Police Authority has also access to all the information held at the Office of the Trust Register, as of the subjects already identified in Article 2, paragraph 4 of the Chief Executive Decree 50 of March 16, 2010, as well as, in the exercise of its functions, it may request directly to the trustee the performance of the Book of the events referred to in Article 28, paragraph 5, of the law 1 March 2010 n.42. 3. Except as provided in paragraph 4, the banking secrecy specified in Article 36 of the law 17 November 2005 n. 165, as amended, and, in general, the confidentiality and professional secrecy shall not apply all'UCN when the armies of ARO function. 4. The members of the Bar and Notaries, registered with the Board of Certified Public Accountants or can, however, oppose the professional secrecy on the information they receive in performing their task of defending or representing their client in court proceedings or in connection with such proceedings, including advice on instituting or avoiding proceedings, whether such information is received or obtained before, during or after such proceedings. 5. The provisions of Law 70 of 23 May 1995 does not apply as part of the operated information exchange between the NCU and the offices for the recovery of assets of other States in respect of cooperation in finding and l 'identification of proceeds of crime and other crime related property, subject to the respect of provisions for the data they contain confidentiality. Art. 6 (Penalties) 1. Anyone who obstructs the UCN and activities of the subject or of delegates Police Authority in the conduct of the ARO function or that fails to pay the required mechanisms indicated that evades or is partially liable, without prejudice to other sanctions under the law, with an administrative fine ranging from EUR 1,000.00 to EUR 50,000.00 dall'UCN applied directly or through other offices or police authorities on the basis of the protocols referred to in Article 3, paragraph 3. 2. the penalty referred to in paragraph 1 shall not apply to organizational units and departments of public administration, the authorities of the public sector, the supervisory authorities and the Police force, without prejudice to other sanctions provided by law. 3. The administrative fine referred to in paragraph 1 shall be doubled in cases where, in addition to unlawful conduct, is resorted to fraudulent means. 4. The option to pay off the fine by voluntary settlement is carried out, except in the case referred to in paragraph 3 where that option is not exercised, with a sum payment equal to half the penalty imposed. 5. Against the sanction is allowed administrative court proceedings in the manner, in the form and terms provided for in Title II of the Law 68 of June 28, 1989 and subsequent amendments. 6. After the deadline for payment, the UCN uses, for the collection of the amounts, the recovery procedure through role under Law 70 of May 25, 2004, as amended. Art. 7 (Professional secrecy) 1. The UCN staff and those who collaborate in carrying out the functions of the office are bound to the strictest secrecy on all that concerns the activity and its relations with third parties. 2. All news, information and data in possession UCN because of the activity are covered by professional secrecy. The obligation to observe secrecy remains even after leaving office or employment at the UCN. 3. The following shall also be subject to the respect of all those secret, at
any relationship with the UCN, acquire, even unintentionally, information on occupation office. 4. The secret can not be opposed to the Judicial Authority when the information requested is necessary for the investigation of violations punishable under criminal law. Art. 8 (Secretaries of State Reference) 1. The UCN responds to the Secretary of State for Foreign Affairs and the Home Secretary with regard to the proper functioning of the service. 2. The NCU makes, also, the work carried out in the exercise of the ARO according to Secretary of State for Justice and the Council Commission for Affairs of Justice by submitting at least annual reports. Art.9 (Director) 1. The NCU is headed by a Director appointed by the State Congress with a private contract with a duration of five years renewable by express decision of five years. 2. The requirements, incompatibilities and the special provisions for the above position are regulated by law. Art.10 (personal equipment) 1. Personnel nell'UCN work comes, as a priority, the Police Corps or the public sector and should be in the possession of skills and professional qualifications and experience required for the ' performance of specific duties or functions. 2. In order to ensure uniformity of treatment and also at variance with the laws in force for the former body, to members of the Police Corps assigned all'UCN is applied, in relation to the institution of availability, the legal and economic regime for the Gendarmerie Corps. 3. In the alternative, if it can not be found in the first paragraph of mind staff, in order to support and enhance the performance of the functions assigned all'UCN, pending the definition of the staffing requirements, the State Congress shall have the ' taking specific figures activating the procedure laid down in Article 4, first paragraph, letter c) of Act 19 September 1990 n. 108. 4. The consistency of the budget of UCN staff is periodically determined by the proposal of the State Congress justified the Director. 5. In carrying out its functions UCN, all the staff reports to the Director also to disciplinary action and is required to comply with its provisions legitimately issued. Given at Our Residence, this day of 11 June 2014/1713 THE CAPTAINS REGENT Valeria Ciavatta - Luca Beccari THE SECRETARY OF STATE FOR INTERNAL AFFAIRS Gian Carlo Venturini

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