Draft Decree Law REPUBLIC OF SAN MARINO DECREE - LAW December 5, 2013 164 We the Captains Regent of the Most Serene Republic of San Marino Having seen the need and urgency referred to in Article 2, paragraph 2, point b) of the Constitutional Law of 15 December 183 of 2005 and Article 12 of the Qualified Law 184 of 15 December 2005, namely: - the need to implement the commitments made by the ratification of the Monetary Convention between the Republic of San Marino and the European Union signed in Brussels March 27, 2012 took place with Decree Consiliare 7 August 2012 n. 120, Annex A includes among others the implementation of Decision 2007/845 JHA; - The urgent need to make timely adaptations to the legislation of San Marino to the legal provisions of the European Union mentioned in that Annex; Given the decision of the Congress of State no. 18 adopted at its meeting on 3 December 2013; Having regard to Article 5, paragraph 2, of the Constitutional Law no. 185/2005 and Article 9 and Article 10, paragraph 2, of the Qualified Law n.186 / 2005; Promulgate and publish the following Decree-Law: RULES RELATING TO COOPERATION FOR ASSET RECOVERY IN THE PROCUREMENT AND IDENTIFICATION OF THE PROCEEDS OF CRIME OR OTHER PROPERTY IN CONNECTION Art. 1 (Office for Asset Recovery) 1. in order to facilitate the retrieval and identification of proceeds of crime and other crime related property, the Interpol National Central Bureau performs the functions of Office for asset recovery, in the Republic of San Marino. 2. The Office of the National Central Interpol is assigned the function of identifying goods or funds referred to in Article 1, paragraph 1, letter e) of the Law 17 June 2008 n. 92, at present the financial entities referred to in Article 18 of that Act, and other assets or funds in the Republic of San Marino. Art. 2 (Cooperation between asset recovery offices) 1. The Office of the National Central Interpol works by exchanging information, to request or initiative, with foreign authorities that perform the same functions for Asset Recovery Offices. Art. 3 (Exchange of information between Asset Recovery Offices on request) 1. The exchange of information on request between the Interpol National Central Bureau with an office for the recovery of the assets of another State, for purposes specified in this decree-law, takes place using the attached forms under the letters a and B to this decree - law. 2. When filling in the format of Annex B, the Office for the recovery of specific applicant objects the object and reasons for the request and the nature of the proceedings. It provides indications as exact as possible on property targeted or sought and / or the natural or legal persons presumed to be involved. Art. 4 (spontaneous exchange of information between the offices for Asset Recovery) 1. The Interpol National Central Office can also exchange, also of initiative, information it considers necessary for the execution of the tasks of another Recovery Office of assets. Art. 5 (Deadlines for communication of information) 1. The National Central Bureau Interpol respond within eight hours to urgent requests for information concerning the offenses referred to in Article 2, paragraph 2 of the European Union Council Framework Decision 2002 / 584 / JHA, when the requested information is stored in a database to which the Interpol National Central Bureau can access directly. 2. If the National Central Interpol Bureau is unable to respond within eight hours, it shall provide reasons in the form set out in Annex A. Where the notice within the period of eight hours of required information constitutes a disproportionate burden on the 'National Central Interpol Office, this can posporne communication. In this case the Central Office shall immediately inform the National Inperpol postponing the requesting authority and communicate the information as soon as possible and in any event within three days. 3. In non-urgent cases the Interpol National Central Bureau responds within a week to inquiries concerning offenses referred to in Article 2, paragraph 2 of the Framework Decision 2002/584 / JHA, when the requested information is stored in a bank data to which the Interpol National Central Bureau can access directly. If it is unable to respond within one week the Interpol National Central Bureau shall provide reasons in the form set out in Annex A. 4. In all other cases the Interpol National Central Bureau shall provide the requested information within fourteen days. If it is unable to respond within fourteen days, the Central Office
National Interpol shall provide reasons in the form set out in Annex A. Art. 6 (Confidentiality) 1. All data and information exchanged pursuant to this Decree - Law are covered by professional secrecy, even against government . Professional secrecy can not be opposed to the judicial authorities penalty. 2. The Interpol National Central Bureau implements, also through information technology, measures to ensure that the data and information acquired are not accessible to third parties. 3. The exchange of information can take place using any existing channels for international cooperation. 4. The information exchanged may be used only for the purposes specified in this Decree - Law, can not be used as evidence before a judicial authority and can not be forwarded to third parties without the prior consent of the Central National Interpol wrote . Art. 7 (Best practices) 1. The National Central Bureau Interpol collaborates counterparts Recovery Offices of assets, also by exchanging information about best practices to be adopted to improve the effectiveness of the efforts of direct states to identify and raise revenues of crime and other crime related property. Art. 8 (Relationship to existing arrangements for cooperation) 1. The implementation of this decree - law does not prejudice the obligations pursuant to the Republic by the international instruments on mutual legal assistance or mutual recognition of decisions in criminal matters, agreements or bilateral or multilateral agreements between States in the field of mutual legal assistance. Art. 9 (Grounds for refusing to provide information) 1. The Interpol National Central Office may refuse to provide information in cases where there are one or more reasons specifically mentioned in Annex A to this Decree - Law. Art. 10 (Communication) 1. Within 10 days of the entry into force of this Decree - Law, the Department of Foreign Affairs shall, in writing, through diplomatic channels, to the General Secretariat of the Council and the European Commission, the name of the authority which it was designated a national office for the recovery of assets, and any subsequent changes. Given at Our Residence, this day of December 5, 2013/1713 THE CAPTAINS REGENT Gian Carlo Capicchioni - Anna Maria Muccioli THE SECRETARY OF STATE FOR INTERNAL AFFAIRS Gian Carlo Venturini ANNEX A DECISION UNDER THE EXCHANGE OF INFORMATION UNDER THE COUNCIL 2006/960 / JHA fORM tO BE uSED bY tHE rEQUESTED MEMBER STATE iN CASE oF TRANSMISSION DELAY oR REFUSAL oF iNFORMATION This form shall be used to transmit information, and / or the required intelligence, to inform the requesting authority of the impossibility of meeting the normal deadline, of the necessity of submitting the request to the authorization of a judicial authority, or of the refusal to transmit the information. This form may be used more than once during the procedure (eg if the request has first to be submitted to a judicial authority and it later transpires that the execution of the request should be refused). Requested Authority (name, address, telephone, fax, e-mail, Member State) Details of the official in charge (optional) Reference number of the answer Date and reference number of previous answer Answer the following requesting authority Date and time of the request Reference Number the normal term of the request under Article 4 of the framework decision 2006/960 / JHA urgent request 8 hours offense referred to in Article 2, paragraph 2 of the framework decision 2002/584 / JHA and the requested information or intelligence is preserved in a database to which the authorities responsible for applying the law of the requested member State can directly access. Urgent request 1 week Other cases 14 days Information transmitted under Framework Decision 2006/960 / JHA: information and intelligence provided 1. Use of transmitted information or intelligence can be used only for the purposes for which it was provided or for the prevention of a serious and immediate danger to public safety; It is also authorized for the purpose, (optional) to the following conditions: 2. Reliability of the reliable source for the most reliable not reliable can not be assessed 3. Accuracy of the information or some intelligence established by source
confirmed hearsay unconfirmed hearsay 4. The result of the investigation into the crime or intelligence operation within which the exchange of information has taken place has to be reported to the authority making the transmission no yes 5. If you exchange spontaneous: reasons that lead us to believe that the information or intelligence could assist in detecting or preventing offenses under Article 2, paragraph 2 of the framework decision 2002/584 / JHA or investigating such crimes. DELAY - It is not possible to respond within the period provided for in Article 4 of the Framework Decision 2006/960 / JHA The information or intelligence can not be provided within the deadline set for the following reasons: It will probably be offered within: 1 day 2 days 3 ___ days weeks 1 month E 'was asked to authorize a judicial authority. It is expected that the procedure for granting or refusing authorization will last ___ weeks REFUSAL - The information or intelligence: Could not be transmitted and requested at national level; or can not be transmitted to one or more of the following reasons: A - Reason connected with judicial control which prevents the transmission or requires the use of mutual judicial the competent judicial authority has not authorized the access and exchange for as for the information or intelligence information or intelligence request was previously obtained by coercion and national legislation does not allow the transmission information or intelligence is not held - the authorities responsible for law enforcement; or - public authorities or private bodies in order to be available to law enforcement authorities without the taking of coercive means B - the communication of information or intelligence requested harm essential national security interests or would jeopardize the success of an inquiry, a criminal intelligence operation or the safety of people or would clearly be disproportionate or irrelevant to the purpose for which it was requested. If the boxes are marked A or B, to add, if deemed necessary, additional information or indicate the reason for the refusal (optional): D - The requested authority decides to refuse execution because the request pertains, under the law the requested member State, to the following offense (specify the nature and legal classification of the offense) ........................... .. punishable by a term of imprisonment of one year or less E - the requested information or intelligence is not available F - the information or intelligence application has been obtained from another member State or from a third country and is subject to the principle of specialty and the member State or third country in question has not given consent to the transmission of ' information or intelligence. ANNEX B INFORMATION EXCHANGE UNDER COUNCIL FRAMEWORK DECISION 2006/960 / JHA FORM TO BE USED BY THE STATE MAKING REQUEST FOR INFORMATION AND INTELLIGENCE This form is used to request information and intelligence in accordance with Framework Decision 2006/960 / JHA . The administrative -Information applicant authority (Name, address, telephone, fax, e-mail, Member State) Details of the official in charge (optional) At the following Member State Date and time of the request Reference number of previous request Requests And 'the first request concerned in this case the request is next to other previous case concerning the same request / Response previous requests / responses Date reference number (in the requesting member State) Date reference number (in the requested member State) 1. 2. 3. 4. If the request is sent to more of the member State authorities requested please specify each channel used UNE / Europol liaison Officer For information For execution national central Bureau INTERPOL For information For execution Sirens For information For Official design connection For information For execution other (please specify) For information For execution If the request is sent to other member States, please specify the other member States and the channel used (optional) II - Terms pm: deadline set in Article 4 of the framework decision 2006/960 / JHA A - the offense is covered by Article 2, paragraph 2 of 2002l584 / JHA framework decision and
The 'information or intelligence request is stored in a database to the enforcement authority of the law can be accessed directly if the request is urgent time: 8 hours with possibility of extensions If the request is not urgent time: 1 week B - Other cases: time: 14 gliomas request urgent non urgent Reasons of urgency (eg suspects are in custody, the procedure must be brought before the court before a specific date) information or intelligence requested TYPE CRIME (I ) oR ACTIVITY 'CRIMINAL (I) SURVEY oBJECT description of the circumstances of the crime / offense, including the date, place and degree of participation of the person who is the subject of the request for information or intelligence: Nature of the crime / offenses a - Article 4, paragraph 1 or paragraph 3 of the framework decision 2006/960 / JHA A1. The offense is punishable in the requesting Member State by a custodial sentence of a maximum of at least three years and A2. It is one of the following offenses: participation in a criminal organization laundering of proceeds from crime Terrorism Trafficking Counterfeiting of currency, including the euro counterfeiting Sexual exploitation of children and child pornography Cybercrime Illicit Traffic in Narcotic Drugs and substances psychotropic illicit trafficking of weapons, munitions and explosives corruption environmental crime, including illicit trafficking in endangered animal and illicit trafficking in species and in endangered plant species. Abetting and unlawful entry and residence murder, grievous bodily injury illicit trafficking of human organs and tissues fraud, including fraud affecting the financial interests of the European Communities within the meaning of the Convention of 26 July 1995 on the protection of the financial interests of the Communities European kidnapping, illegal restraint and hostage-taking thefts organized or use of weapons Racism and xenophobia illicit trafficking in nuclear and radioactive substances illicit trafficking in cultural goods, including antiques and works of art Trafficking in stolen vehicles Scam Rape Racketeering and extortion arson Counterfeiting and piracy of products Crimes falling under jurisdiction of the international criminal Court Forgery of administrative documents and trafficking in false documents Hijacking aircraft / ship Forgery of means of payment illicit trafficking in hormonal substances and other growth factors Sabotage the offense is therefore covered by Article 2, paragraph 2 of the framework decision on the European arrest warrant ~ regarding time limits for responding to this request therefore apply paragraph 1 (urgent cases) and 11 paragraph 3 (non-urgent cases ) Article 4 of the framework decision 2006/584 / JHA. Or B - crime / s they are not is (are) referred to / from the letter A. In this case, a description of the offense / offenses: Purpose of the request for information or intelligence Nessus between the purpose of the request for information or intelligence and the person subject of the information or intelligence Identity (if known) of the person / people the main subject of the criminal investigation or criminal intelligence operation underlying the request for information or intelligence reasons that lead us to believe that the information or intelligence is in the requested State Restrictions on the use of information provided in the request for purposes other than those for which it was transmitted or the prevention of an immediate and serious threat to public safety use authorized unauthorized use, but should not be mentioned those who provided the information used not allowed without the permission of those who provided information does not permit the use