Decree Law 45 Of March 31, 2014 - Provisions Relating To The Powers And The Functioning Of The Office Of The Icpo-Interpol National Central

Original Language Title: Decreto legge 31 marzo 2014 n.45 - Disposizioni relative alle competenze ed al funzionamento dellÂ’Ufficio Centrale Nazionale dellÂ’OIPC Interpol

Read the untranslated law here: http://www.consigliograndeegenerale.sm/on-line/home/archivio-leggi-decreti-e-regolamenti/scheda17136098.html


Draft Decree Law

SAN MARINO
DECREE - LAW 31 March 2014 45


We the Captains Regent of the Most Serene Republic of San Marino

Given the necessity and urgency referred to in Article 2, paragraph 2, point b) of the Constitutional Law
December 15, 2005 and 183 of Article 12 of the Qualified Law 15 December 2005 n
.184 namely:
- the need to regulate the competences, powers and functioning of the Central Office
National ICPO-Interpol (UCN) in order to ensure the effectiveness of the provisions introduced with
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
27 March 2012 occurred by decree of the Council Chamber on August 7 2012 n. 120
- the urgent need to introduce to those guidelines into account of receipt by
part of UCN request for cooperation and exchange in the abovementioned Decree
mind information - Law no. 21/2014 as well as the next evaluation visit of the Secretariat of the ICPO-Interpol General
planned for the month of June 2014 as part of which will be
assessed the fulfillment of the Recommendation by the same formulated with particular
reference to the adoption of a law in San Marino legislation specifies that the UCN
regulations;
Given the decision of the Congress of State no. 31 adopted at its meeting of 24 March 2014;
Considering Article 5, paragraph 2, of the Constitutional Law no. 185/2005 and Article 9 and Article 10, paragraph 2,
of Qualified Law n.186 / 2005;
We promulgate and send for publishing the following Decree-Law:




PROVISIONS ON THE SKILLS AND OPERATION
OFFICE NATIONAL CENTRAL ICPO-INTERPOL



Art.
1 (Tasks of the Office National Central)

1. The National Central Bureau (in English National Central Bureau - NCB), after briefly
UCN, part of the International Organization of Criminal Police (in English language
International Criminal Police Organization - ICPO), following briefly ICPO-Interpol,
established in the Republic of San Marino, in accordance with Article 32 of the Statute of the ICPO-Interpol
accepted by the Republic of San Marino with the Council Chamber Decree 125 of 24 November 2006, is || | the central national authority responsible for contacts with the offices and the competent authorities of foreign states
for collaboration in the areas of criminal police and security police, in
respect the authority's responsibilities and how the Judicial specifically permitted by
regulations and bilateral and multilateral agreements signed and ratified by the Republic of San Marino
.
2. The UCN functions, in accordance with those specified in the Statute and the Regulations of the ICPO-Interpol General
are:
a) ensure and promote the widest possible mutual assistance between all police authorities
criminal, in 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 on December 10, 1948
;
B) establish and develop all the institutions able to contribute effectively to the prevention
and the suppression of criminal offenses;
C) carry out the functions of the Central Office for the Fake Money (UCFM) of Article 3 of Law
29 July 2013 n.101;
D) perform the functions of office for Asset Recovery (English Asset Recovery Office - ARO
) under the Decree - Law of 27 February 2014 n.21.



Art. 2
(Powers and skills UCN)

1. For the purposes of discharging his functions, the NCU, while respecting the competencies of the Authority Judicial
:
a) has power of entry, 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 needed
for the performance of its functions, including, with respect to the completion of
ARO functions, the information held by the operators of the financial system;
B) takes care of the technical and operational implementation of international conventions and bilateral agreements and multilateral
signed and ratified by the Republic of San Marino on cooperation
international police;
C) directs and ensures the active and passive operations extradition of prisoners, exchange information
in the development of policing at the international level as well as the operational activities of
Police Corps which provides for international cooperation police;

D) making the collection of data, information and tips related to their activities and, where required
, collaborating in the procedures of international judicial assistance, including for the
search and capture of fugitives, in all the materials of the criminal police;
E) ensures the exchange of police information and Information describing with
National Central Offices of other States, the General Secretariat of the ICPO-Interpol and the Judiciary
San Marino;
F) manage relations and the exchange of police information with liaison officers for
police issues at the foreign embassies;
G) ensure, if necessary with the help of the Operations Centres of the Police Corps, shifts
presence and / or permanent availability within 24 hours, even in prefestive days and festive,
in order to receive all the ICPO-Interpol questions and, if necessary, submit to the competent Police Corps
;
H) participate in the ICPO-Interpol works and at meetings of international organizations where
are dealt with topics related to the criminal police and the Security Police.




Art.
3 (Relationship with the public sector, BCSM, AIF and Police Forces)

1. The UCN responds promptly to the tasks of technical and operational international police cooperation
and the San Marino Judicial Authority requirements in carrying out 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 Central Bank, and the
Agency of Financial Information, later briefly agency for banking and financial aspects
.
2. The UCN makes use also of the collaboration of 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 subjects 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 the Decree
Law n.21 / 2014. The UCN stipulates with the entities referred to in paragraph 1, letter c) and possibly with
entities referred to in paragraph 1 a) and b) and 2 special protocols by which they are, in particular
, regulated the procedures and time limits of the collaboration as well as the forms and the terms of
access, even electronically, the data and information available from the aforesaid persons
well as the procedures for exercising the 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 by 'ICPO-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 dell'OIPC-
Interpol system as well as their use by the Police Corps, Judicial Authority and other
Public Administration or Public Bodies San Marino takes place according to the forms, methods 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 request access and in relation to which
access was allowed. The NCU has also right to ask the person in favor of whom
ordered access to the data of the ICPO-Interpol system explanations and indications in order to
treatment and use of such data.
4. The Regulations 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, office or at the request of the party concerned, the data and information treated
dall'UCN outdated and / or inaccurate and / or irrelevant and any implementing provisions
regards the rules contained in Resolution AG-2011-RES-07 adopted by ' OIPC-
Interpol.



Art.5


(Data access and unenforceability of all'UCN secret exercise of ARO)
function
1. The Police Authority delegated dall'UCN in mind Article 2, paragraph 1, letter a), has the power to access
simple written reasoned submission in relation to the performance of the ARO
function, even for electronically, under the full versions, without limitation, data and
available information contained in records, archives, registers kept by
Public Administrations, Orders and Professional Colleges, Central Bank, Police and upon approval | || Judge in the case of data and information concerning judicial activity at the Court.
The access referred to the period prior to the data and information held by the Agency as part of the activity is exercised
dall'UCN to the detection, prevention or investigation
of money laundering offenses, predicate offenses, organized crime and terrorist financing.
2. The delegated Police Authority has also access to all information held by the
Office of the Trust Register, as of the subjects already identified in Article 2, paragraph 4 of the Decree of 16 March 2010
Chief # 50, as well as, in the exercise of their duties, may apply 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. Members of the Bar and Notaries, members of Chartered Accountants or
of Accountants may, however, oppose the professional secrecy on information
they receive in performing their task of defending or representing their client in a
legal 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 proceedings.
5. The provisions of Law 70 of May 23, 1995 shall not apply within
Business of Fancy information exchange between the NCU and the offices for the recovery of assets of
other States regarding cooperation in finding and identification of
proceeds from crime and other crime related property, subject to the respect of provisions for confidentiality of the data they contain
.


Art. 6
(Sanctions)

1. Anyone who obstructs the UCN activities and the subject or delegates Police Authority in the conduct of the ARO
function or that fails to pay the required mode or in
indicated that Nevada is partially liable, without prejudice to other penalties provided
by current legislation, with an administrative fine ranging from EUR 1,000.00 to EUR 50,000.00 applied
dall'UCN 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, agencies of the public sector, the supervisory authorities and
Police, without prejudice to other sanctions provided for by legislation force. 3
. The administrative fine referred to in paragraph 1 shall be doubled in case, as well
irregular conduct, be resorted to fraudulent means.
4. The right to terminate the sanction through voluntary settlement is carried out, for
than the case referred to in paragraph 3 where that option is not exercised, with the sum
payment equal to half the penalty imposed.
5. Against the sanction is allowed administrative judicial
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. The deadline for payment, the UCN uses, for the collection of the amounts, the recovery procedure via
role in accordance with Law 70 of 25 May 2004 and subsequent modifications
.


Art. 7
(secrecy)

1. The UCN staff and those who work in the performance of office functions
are bound to the strictest secrecy to everything that concerns the activity and its relations with third
.
2. All news, information and data in possession of reason in UCN held
are covered by professional secrecy. The obligation to observe secrecy remains even after

Leaving office or employment with the UCN. 3
. They are also subject to compliance with the secret all those who, on the occasion of
any relationship with UCN, acquire, even unintentionally, information on the activities carried out
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
(Secretariats of reference state)

1. The UCN depends on the Secretary of State for Foreign Affairs and the Secretary of State for Internal Affairs
concerning administration, equipment and, in general, all
as regards the smooth functioning the service.
2. The UCN makes, also, the work carried out in the exercise of the ARO to
Secretary of State for Justice function by producing quarterly reports.



Art.9 (Director)

1. The NCU is led by a Director appointed by the Congress of State with private
legal contract lasting five years, renewable, by express decision, for five-
five years.
2. The requirements, incompatibilities and the special provisions for the above position,
are governed by law.


Art.10
(personal equipment)

1. Personnel nell'UCN work comes, as a priority, the Police Corps or
The public sector and must possess the expertise and professionalism of
requirements and experience required for the performance of specific functions or tasks.
2. In order to ensure uniformity of treatment and also at variance with the rules in force
the former body, to members of the Police Corps assigned all'UCN is applied, in relation
Institute of availability, the regulatory regime and economic scheduled for the Corps of Gendarmerie
. 3
. In the alternative, if it were possible to find in the first paragraph of mind staff,
in order to support and enhance the performance of the functions assigned all'UCN, in more
of the personnel requirements definition, the Congress of State You may order the intake of specific figures
activating the procedure provided for in Article 4, first paragraph, letter c) of the Law
19 September 1990 n. 108.
4. The consistency of the budget of UCN staff is periodically determined by
on a proposal from the State Congress justified the Director.
5. In performing their functions UCN, all staff hierarchically
by the Director also to disciplinary action and is required to comply with its provisions legitimately issued
.

Given at Our Residence, this day of March 31, 2014/1713 dFR

THE CAPTAINS REGENT
Gian Carlo Capicchioni - Anna Maria Muccioli

THE SECRETARY OF STATE FOR INTERNAL AFFAIRS

Gian Carlo Venturini