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International Law Enforcement Coordination Unit

International Law Enforcement Coordination Unit. Police Directorate International Operational Police Cooperation Department INTERPOL EUROPOL SELEC THURSDAY 12 DECEMBER 2013. Legal framework.

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International Law Enforcement Coordination Unit

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  1. International Law Enforcement Coordination Unit Police Directorate International Operational Police Cooperation Department INTERPOL EUROPOL SELEC THURSDAY 12 DECEMBER 2013

  2. Legal framework • The Agreement on the Establishment of the Joint Body for the Development of International Cooperation in Combating Crime (hereinafter the Joint Body) was signed on 10.09.2010 by the Ministers of the Ministries of the Interior, Justice and Finance. This Agreement defines the competence and the composition of the Joint Body. Apart from the aforementioned, this Agreement stipulates that the Joint Body shall be also competent for communication and the exchange of information with the following international institutions: Interpol, Europol, Frontex, Olaf, Sirene Bureau SECI-SELEC, as well as with the Liaison Officers in the area of international police cooperation and the police forces of other countries. • This Agreement foresees that the expert, technical and administrative tasks of the Joint Body shall be performed by the International Operational Police Cooperation Department of the Police Directorate of the Ministry of the Interior of the Republic of Serbia.

  3. Legal framework • Article 64 of the Law on State Administration stipulates that state authorities shall establish joint bodies in order to execute tasks whose nature requires participation and cooperation of several state administration authorities. Establishment and work of these bodies shall be prescribed in detail by the regulation of the Government. • Based on Article 9 of the Agreement on the Establishment of the Joint Body for the Development of the International Cooperation in Combating Crime, concluded in Belgrade on 07.09.2010, between the Ministry of the Interior, the Ministry of Justice and the Ministry of Finance, the Minister of the Interior brought in the Instructions on the Work of the Joint Body for the Development of the International Cooperation in Combating Crime.

  4. Legal framework • The new International Operational Police Cooperation Department was systematized on the basis of The Rule Book on the Amendments to the Rule Book on Internal Structure and the Systematization of Work Posts within the Ministry of the Interior of the Republic of Serbia of 08.09.2010. This Department is an independent structural unit within the Police Directorate. • Law on Criminal Proceedings, Law on Police, Criminal law, etc. • signed cooperation agreements between Serbia and international law enforcement institutions: The Convention on Establishing of the Southeast European Law Enforcement Centre - SELEC Statute of INTERPOL (International Criminal Police Organization) Law ratifying Strategic Cooperation Agreement between the Republic of Serbia and European Police Office ("Official Gazette of the Republic of Serbia" no 38/09) Other international bilateral and multilateral agreements( please see enclosure 1)

  5. Legal Framework • ILECUs (International Law Enforcement Coordination Units) is a regional project of the European Union on the establishment оf national units for coordination of international law enforcement cooperation for the Western Balkan countries, Albania, Bosnia and Herzegovina, Croatia, Montenegro, Serbia and the Former Yugoslav Republic of Macedonia. Through this Project, all member countries of the aforementioned region shall work jointly on combating all forms of organized crime, namely, through efficient procedures, good organization and through presentation of high-quality international standards. • The core of the Project is the establishment of national coordination units for international law enforcement cooperation in the way which means that there is one centre, i.e. Unit in each country which cooperates with the international organizations such as Interpol, Europol, Eurojust, Frontex, SECI Center (SELEC), OLAF, SIS (Schengen Information System) and SIRENE, liaison officers (national and foreign). • The ILECUs Project has been started and financed by the European Union from the CARDS funds for 2005. The budget allocated for the implementation of this Project is up to 2,000,000 euro. • Plese see enclosure MoU of ILECU

  6. Internal organizational structure of the ILECU (nucleus) International Operational Police Cooperation Department is the nucleus of the ILECU and it comprises the following divisions: Division for Cooperation with Interpol; Division for Cooperation with Europol; Division for Coordination of Other Forms of International Cooperation (SIRENE in plan); Division for Information Management (24/7 duty service). International Operational Police Cooperation Department Division for Interpol Division for Europol Division for Information Management Division for Coordination of Other Forms of International Cooperation Criminal Investigations Unit Communication Unit Fugitive Unit Data Processing Unit

  7. Position among other national law enforcement partners

  8. TRACK RECORDS

  9. TRACK RECORDS

  10. TRACK RECORDS

  11. TRACK RECORDS

  12. MOI and other national bodies Intranet Dispatch letters DISPATCH LETTERS From Abroad I247 Siena SELEC WAITING FOR THE REPLY YES YES PRINTING Is translation necessary? NO Is reply necessary? translation translation ARCHIVE Check in files database YES NO Is translation necessary? NO Does the file already exist? Writing of the reply Creating of a new file YES NO YES Linking up with existing file Entering of new data in the files database Are external checks needed? Internal checks NO YES NO YES Are additional information needed? Is there any data relevant for the files database? Selection of the case officer NO Entering of new data in the files database Taking the file over by the case officer

  13. Data protection • National data protection regulations ensure a level of data protection in line with the Council of Europe Convention 108/1981 and they have been implemented and reflected in internal business procedures of ILECU • We ratified the Additional Protocol (ETS 181) as well as the amendment to the Convention. New Law on Personal Data Protection was adopted and came in force on 1 January 2009 and it is in compliance with Directive 95/46 EC. • Other international agreements the regulations of which establish the rules relating to personal data protection within police sector are applied ( see enclosure 1) • ILECU is complying with the following Principles: • Lawfulness of processing: The ILECU only processes data in accordance with the applicable national and international legislation and its implementing regulations; and it only processes data which have been collected legally. • Purpose of processing: The ILECU only processes data for specific, explicit and legitimate purposes. • Purpose of transmission: Data are only transmitted by the ILECU if this is necessary in individual cases for the purpose of preventing or combating criminal offences • Quality of data: The ILECU processes data if they are accurate and, where necessary, kept up to date.

  14. Data protection • Proportionality: The data are adequate, relevant and not excessive in relation to the purpose for which they are collected, transferred or processed further. • Time limits: Data processed for any purpose or purposes are not kept longer than it is necessary for that purpose or purposes. • Data security: The ILECU should implement technical and organizational security measures that are appropriate to the risks presented by the processing of data (Yes- during the implementation phase). • Supervisory authority: The ILECU is subject to regular review and supervision from the competent national data protection authority. • Staff members of the ILECU are provided with training on data protection regulations and their practical application( ongoing process). • ILECU have adopted rules on physical security in accordance with the national law and binding requirements of the international cooperation partners. (N.B. Rules on protection have been adopted and it is necessary to raise the level of security in the restricted area). • ILECU have adopted rules on ICT security in accordance with the national law and binding requirements of the international cooperation partners (N.B. International Operational Police Cooperation Department has its internal network which is protected and secured. Furthermore, the MOI Intranet network is internal and there are elaborated systems of protection).

  15. Measures: Normative harmonisation • Serbia has identified the main challenges in the implementation of the Acquis Communautaire on police cooperation. There is partial alignment. • Special attention and capacities will be focused on the implementation of the Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (Prüm Decision) and the Framework Decision 2006/960/JHA on simplifying the exchange of information and intelligence between law enforcement authorities of the Member States of the European Union (Swedish Initiative). • The need for setting up a SIRENE bureau within the International Operational Police Cooperation Department for the purpose of information exchange and the statistics with a view to meeting the commitment to exchange information with other Member States 24/7 has also been identified. • Comprehensive analysis of needs with regard to legal, technical, staff and infrastructure requirements and their costs with a view to harmonization with the relevant parts of the Schengen acquis until the accession to the EU as well as with a view to the admission to Schengen. • The conclusion of the Agreement on Operational Cooperation with Europol is expected to take place soon.

  16. Measures: Strengthening the institutional and administrative framework • The analysis of the current state with regard to the necessary resources for efficient international police cooperation: Equipment (computer and communication equipment) Human resources (analysis of needs for increasing the number of employees, analysis of needs for trainings) Training of officers in international police cooperation in relation to: Use of Europol databases Introduction of new information exchange systems (SIS, Prüm) Standards of personal data protection and confidentiality of data Work with Europol Analytical Work Files Access to the Schengen Information System and gradual filling of work posts within the SIRENE Bureau Foreign languages

  17. THANK YOU FOR YOUR ATTENTION!

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