Project funded by the European Union Operational Programme Technical Assistance for Institutional Building - TAIB 2012 www.fighting-occ.mk Strengthening the National Capacities for the Fight Against Organised Crime and Corruption PROJECT RESULTS Summary
Establishing of anti-corruption mechanisms and standards Corruption is a serious crime that affects every aspect of society including security, education, health, justice, democracy, and the overall social and economic development. Strong and determined commitment for prevention and suppression of corruption by all law enforcement agencies is essential for the country s prosperity and approximation to EU standards. To contribute to the efforts of state institutions in the area of prevention of corruption, the project s team of experts conducted a series of workshops dedicated to assisting the relevant departments in identifying corruption risks and probabilities in the established procedures within law enforcement and judiciary. Significant focus was put to practical implementation of anti-corruption tools within the institutions. In cooperation with the Public Prosecution Office, the project team of experts has developed Standard Operating Procedures for investigation and prosecution of corruption crimes, along with recommendations, instructions and proposals for the improvement of the legal framework for the distribution of cases and the internal procedural control in the Public Prosecution Office. Considering the complexity of financial and high-level corruption crimes, one of the central goals of the FAOCC project was to help enhance the individual skills and abilities of prosecutors to handle intelligence, and lead and conduct pre-trial investigation of financial and corruption crimes. In this regard, training and practical workshops were seen as a crucial tool for constant improvement and raising standards of the law enforcement, prosecution and judiciary to conduct their duties consistently and effectively in a constantly changing environments. 2 Sharing of experiences, approaches used and lessons learnt between countries, not only broadens the perspective and enhances the cooperation in the fight against corruption, but also supports national efforts in preventing and repressing corruption, in line with EU standards and practices. To contribute to these efforts, the project organized a workshop on measuring, monitoring and comparative analysis of corruption in the Western Balkan.
Whistleblowing is recognized EU-wide as one of the most effective tools to combat corruption and other threats to the public interest. In this regard, the project team has provided support to the Ministry of Justice with the final assessment of the updated Whistleblower's Law in relation to the Venice Commission Recommendations, and led the development of a Manual for Whistleblowers. To help promote a culture of accountability and integrity and encourage the reporting of misconduct, fraud and corruption, an expert support was provided in developing a Public Awareness Strategy for Promotion of Whistleblowing, as well as training curricula for officials, employees, employers, legal professionals and journalists. To support the State Commission for Prevention of Corruption s general determination for advancement of working and learning processes, the FAOCC project organised a training for practical application, administration and operation of an e-learning platform. SCPC employees are now able to maintain and administrate the platform, and use it for creating e-learning courses which are available to employees of all state institutions. To support the ongoing reform process in the area of anti-corruption, the project in cooperation with SCPC and the Ministry of Justice, organised a Panel Discussion titled Introduction to models of anti-corruption bodies. The objective of this event was to provide additional arguments to the considerations about the future of the SCPS by presenting the anti-corruption bodies of Lithuania, Slovenia and Montenegro, with due reference to the topics of ensuring of independence, legal framework, internal organisational structure and systematisation of work positions. 3
Organised crime is a threat to the citizens, businesses, state institutions, as well as the economy as a whole. Modern organised crime requires a multi-disciplinary approach to effectively prevent and counter it. The EU-funded project was tasked to provide expert support in advancing the technical capacities and operational efficiency of the law enforcement agencies for suppression of serious and organised crime and corruption, including cyber-crime, money laundering, and financial crimes. International group of experts from numerous EU countries have been recruited to perform analyses of existent practices and strategic documents, design and deliver trainings, methodologies, manuals and operational guidelines that would assist the relevant institutions in preventing and supressing organised crime. Enhancing national capacities for the fight against organised crime Most crimes generate large amounts of currency and the criminal groups need to be able to enjoy the benefits of their crimes by introducing those proceeds into the legitimate financial systems. Tackling money laundering disrupts organised crime by removing the lifeblood of their business and stops small offenders becoming major criminals. One of the activities of the the project has been focused on the establishment of a methodology and system for a credible track record on money laundering. This system would serve the joint task forces comprised of officers from Financial Police, Financial Intelligence Unit, Ministry of Interior, Prosecutors, representatives of the Agency for Management of Seized Property and the Customs. The Financial Police and the Customs Administration have, as well, participated in the training organised by the project, aimed at increasing their strategic and operational efficiency, expertise, coordination, cooperation and exchange of information in the course of financial crime and money laundering investigations. Participants had an opportunity to expand their knowledge on financial investigation techniques, profiling, case management and how financial intelligence can be used to enhance proactive and reactive investigations. 4
To support the efforts of the Ministry of Interior and Customs Administration in enhancing their capacities for cash detections and suppression of money laundering, the project organised a Training on Cash Smuggling and Money Laundering. The objective of this course was to provide assistance and guidance to investigators in identifying and handling of cash using methods that will ensure that the authenticity of evidence will be maintained throughout the investigation process. Moreover, the project has supported the multi-agency Working Group in preparation of a National Strategy for Financial Investigations. With the reformed Law on Criminal Procedure, the Public Prosecution Office has assumed the authority to lead criminal investigations conducted by a joint investigative teams comprised of police officers from the Ministry of Interior, members of the Financial Police, the Financial Intelligence Unit and the Customs. So far joint investigative teams have been formed only on an ad-hoc basis. The multi-institutional workshop organized by the project had a goal to assess the current situation, provide EU models that showcase functioning inter-institutional cooperation, as well as recommendations for improvements in practice by using of a specialised task-force approach in investigating and prosecuting corruption and financial crimes. Proving corruption and fraud in public procurement and in sports is another challenge that requires specialised approach and enhanced cooperation among institutions. The project team delivered a training for investigators and analysts from the Ministry of Interior, State Commission for Prevention of Corruption, Public Revenue Office and the Public Prosecution, supported by real life case examples. For example, knowledge of match fixing as a generic subject is important to understand the case background and develop investigative strategy. 5
Improvement of the cooperation in the field of cybersecurity and cybercrime A special emphasis was put on strengthening the cooperation between SCCDF and the National Center for Computer Incident Response (MKD-CIRT). The recently established National MKD-CIRT is in charge of handling computer incidents, securing the computer systems in the public and private sector, and supporting the improvement of preventive measures. The prepared Recommendations and the series of practical workshops helped the institutions involved to set the future steps that need to be taken in order to achieve coordinated and effective national response to computer incidents, and to successfully address the network and information security aspects of cybercrime. 6 The law enforcement agencies need to be well prepared for a proactive response to different network and system cyber-attacks. To support the efforts of the Ministry of Interior, the Financial Police and the Ministry of Defence in enhancing their level of readiness to deal with the new criminal challenges in the cyberspace, the project organised a Training for Ethical Hacking, one of the most advanced and globally recognized trainings in network and system security.
To combat adversaries effectively, institutions must be able to understand the tools that cyber-attackers use against them and the intentions behind the cyber-attack, but most importantly to have equally skilled malware analysis capabilities. The Training for Reverse Engineering Malware had an objective to help security officers and engineers, incident responders, digital forensics investigators and IT administrators from the relevant national institutions to acquire the practical skills for examining malicious programs that target and infect computer systems. Representatives of the Ministry of Interior, the Directorate for Security of Classified Information, the Ministry of Defence and MKD-CIRT attended a Joint workshop on incident response in the systems with classified information, organised in the framework of the project. This workshop had a goal to help institutions to develop an effective approach to managing such incidents, which would limit the negative consequences and improve the ability to promptly restore operations affected by such incidents. Handling of security incidents related to classified information present an even bigger challenge when it comes to governmental information with highest level of confidentiality. Regardless of technological or traditional methods, criminals leave traces. As the number of electronic devices and digital services used increases, so does the digital footprints left behind. It is an inevitable requirement for law enforcement officers to continually advance their technological knowledge to perform digital forensic investigation, find the evidence and prove the facts of the case. The Training for First Responders to Cybercrime had a goal to enhance the capacities of police investigators for identifying and handling of electronic evidence and performing efficient digital forensic investigations. T he project s team of experts in cooperation with the Sector for Computer Crime and Digital Forensics (SCCDF) of the Ministry of Interior has developed the first ever Cybercrime Strategy for the Ministry of Interior. It provides defined objectives and an Action Plan to create a more efficient system for understanding and addressing cybercrime. Implementation of the envisaged objectives of the MOI-Cybercrime Strategy 2018-2020 will ensure a framework for continuous and complete harmonization with treaties, guidelines and recommendations from international organisations including the EU, Council of Europe, Europol and Interpol. In line with these efforts, the project team has analysed and updated the existing Standard Operating Procedure (SOP) for cybercrime investigation, including computer incidents on the critical infrastructure s systems. 7
Establishing effective mechanism for asset tracing, recovery and confiscation Measures of freezing and confiscation of the proceeds of crime are effective tools used in the fight against crime as they aim to recover property derived from illegal sources, and are particularly important when it comes to serious criminal offenses such as drug offenses, organized crime, corruption, and the financing of terrorism. One of the key objectives of the project was to assist the Agency for Management of Seized Property (AMSP) in enhancing their practical capacities for effective management and disposal of seized and confiscated assets, with view to the best international practices. Throughout 8
project s activities a particular focus was put on the aspects of search, seizure, reception, value estimation, storage, management and disposure/ sale of assets held by AMSP. To help increase the efficiency of AMSP team, the project experts beside a number of strategic documents, developed AMSP Human Resources Strategy 2018-2020 and organised specialised training for management of the human resources, which has great importance in gaining sustainable advantage. The project team has also delivered a number of recommendations, workshops and trainings to increase the capacities of the Police, the Prosecution and the courts in taking measures to seize and confiscate assets, putting forward proposals on how to increase effectiveness in tracking cases from start to finish across institutional boundaries. A Simplified Guide for Prosecutors on Confiscation of Proceeds of Crime was developed with a purpose to provide assistance to Prosecutors in the execution of their duties in respect of the provisions to freeze and confiscate items that constitute criminal proceeds through the legal Orders of the Court. TRAININGS CONDUCTED Core beneficiaries of the project were: Public Prosecution Office, Basic Public Prosecutor s Office for Organised Crime and Corruption, the State Commission for Prevention of Corruption (SCPC), the Ministry of Interior, the Ministry of Justice, the Financial Intelligence Unit, the Financial Police, the Customs Administration, and Agency for the Management of Seized Property, and the Public Revenue Office. 9
Improvement of the inter-institutional cooperation STATE OFFICIALS TRAINED Successful fight against organised crime requires full engagement and cooperation of all law enforcement agencies. One of the primary focuses of the project was to strengthen the inter-institutional mechanisms for both prevention and repression of organised crime and corruption, enable sharing of good practices and experiences, and train the personnel of different law enforcement agencies to work together in the field. Through a number of tailored activities, the project has promoted enhanced inter-institutional cooperation, and provided opportunities for review of best practices from functioning European models on how to strengthen the cooperation between the police, the prosecution and other relevant agencies, improve pre-trial investigations, allow mutual legal assistance, and better apply measures as is the confiscation of assets derived from criminal activity. 10
Representatives of the Ministry of Interior, Public Security Bureau, and the National Coordination Centre for Suppression of Organised Crime (NCC) joined partners from Financial Police, Public Revenue Office, Financial Intelligence Unit, Customs, and Public Prosecutors at a workshop that highlighted the efficient role each law enforcement agency plays in cooperating in EUROPOL processes, and their anticipated role in the newly established NCC in which all the partner agencies will embed their procedures and representatives in. The National Intelligence Model (NIM), in this regard, offers a realistic goal of integrated intelligence in which all forces could play a part in a bigger system. NIM is about the effective and efficient collection, recording, dissemination and retention of information that enables accurate and appropriate decision-making about priorities and tactical options, and setting the overall strategic direction. The training, conducted in the frames of the project, had a focus on the role each law enforcement agency plays in the intelligence-led policing process, and how they can achieve the best results through strengthening of the National Intelligence Model. The expected outcomes of successfully implemented and continuously advanced National Intelligence Model are improved community safety, reduced crime, and a higher control of criminality and disorder, leading to greater public reassurance and confidence. 11
How useful and relevant was the training? 71% very useful 12
Analysis of the trainings satisfaction scores of the project 87% very good How do you evaluate the performance of the trainers? 88% yes Have you acquired new skills and knowledge? Project implementation period: December 2016 August 2018 Project s funding: EUR 1.156.500 TAIB 2012 13
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