A N T Y K O R U P C Y J N E B I U R O C E N T R A L N E. Guidebook THE CENTRAL ANTI-CORRUPTION BUREAU. Warsaw 2014

Transcription

1 B I U R O C E N T R A L N E A N T Y K O R U P C Y J N E Gudebook THE CENTRAL ANTI-CORRUPTION BUREAU Warsaw 2014

2 B I U R O C E N T R A L N E A N T Y K O R U P C Y J N E Gudebook THE CENTRAL ANTI-CORRUPTION BUREAU Warsaw 2014

3 Gudebook Centralne Buro Antykorupcyjne Al. Ujazdowske Warszawa Cover desgn, graphcs Łukasz Dyakowsk Computer composton, proofreadng, prnt Wydawnctwo Centrum Szkolena Polcj ul. Zegrzyńska 121, Legonowo Edton: 300 copes

4 the central ant-corrupton bureau THE CENTRAL ANTI-CORRUPTION BUREAU The Central Ant-Corrupton Bureau (CBA) s a specal servce, created to combat corrupton n publc and economc lfe, partcularly n publc and local government nsttutons as well as to fght aganst actvtes detrmental to the State s economc nterest. The Bureau conducts ts actvtes under the Act of 9 June 2006 on the Central Ant-Corrupton Bureau (Journal of Laws of 2014, tem 1411 consoldated text). Prepared annually snce 1995 by Transparency Internatonal (TI), the Corrupton Percepton Index (CPI) has been a leadng ndcator of the percepton of corrupton n the publc sector. Accordng to the TI report (end of 2013), Poland was placed 38 th out of 177 countres surveyed. Behnd Poland are among others: Span (40 th ), Lthuana (43 rd ), Hungary (47 th ), Czech Republc (57 th ). As key elements that have contrbuted to the mprovement of corrupton percepton n Poland n 2009, TI lsts, among others, the ncrease n the number of nvestgatons conducted by the CBA Poland s results n TI Corrupton Percepton Index A survey conducted by the Publc Opnon Research Center (CBOS) shows that an ncreasng number of people evaluates the actons of the Central Ant-Corrupton Bureau as good. More than a thrd of respondents (36%) postvely evaluate the actvtes of the Bureau. Addtonaly, there was recorded the lowest percentage of respondents who crtcsed ts performance. Opnons on the CBA are now better than four years ago. (source: CBOS, 6 12 March 2014, no. 36/2014)

5 Gudebook HEAD OF THE CBA The head of the Central Ant-Corrupton Bureau s a central organ of government admnstraton, supervsed by the Prme Mnster. The head of the CBA s apponted for a term of four years and recalled by the Prme Mnster, followng a consultaton wth the Presdent of the Republc of Poland, the Specal Servces Commttee and the Parlamentary Commttee for Specal Servces. The head of the CBA may be reapponted only once.. On 13 October 2009, the Prme Mnster entrusted the dutes of the head of the CBA to Paweł Wojtunk, who was apponted to the poston on 30 December Paweł Wojtunk s a graduate of the Faculty of Law at the Unversty of Bałystok. In the years , he served n the Polce Headquarters n the feld of combatng organsed crme. After establshment of the Central Investgaton Bureau, he performed the followng functons: ntally, of the head of the Dvson and then of the Drectorate of Specal Operatons, as well as deputy drector of the Central Investgaton Bureau. In 2007, he was delegated to serve n Scotland Yard for sx months. In October 2007, he was apponted drector of the Crmnal Bureau of the Polce Headquarters, and n December 2007 he was apponted drector of the Central Investgaton Bureau. He was awarded a bronze (2003) and a slver (2009) Dstngushed Polce Ocer badge, the Bronze Cross of Mert (2004), the Golden Medal of Mert for the Polce (2012), Golden Medal of Mert for the Customs Servce (2012) as well as Golden Medal of Mert for Border Guard (2012). In 2014, he receved a specal award Person of the 2013 IT Market granted by the CNR Magazne, Poland. Ths ttle was awarded as a result of vote on canddates selected by the magazne readers. On 31 December 2013, Paweł Wojtunk was reapponted to the poston of the head of the CBA. TASKS OF THE CBA 4 To the tasks of the CBA wthn the scope of competences of the Bureau (combatng corrupton n publc and economc lfe partcularly n publc and local government nsttutons as well as to fght aganst actvtes detrmental to the State s economc nterest) belong, frst of all, dentfcaton, preventon and detecton of crmes (lad down n art. 2, paragraph 1, tem 1 of the Act on the CBA) and prosecuton of perpetrators, as well as: dsclosure and preventon of cases of non-complance wth the lmtaton of conductng economc actvtes by persons performng publc functons; documentng the grounds for and ntatng mplementaton of the prov- sons on the rembursement of unjustly obtaned benefts at the expense of the State Treasury or other state legal persons;

6 the central ant-corrupton bureau dsclosure of cases of non-complance wth certan provsons of law- -makng procedures and mplementaton of decsons concernng: prvatsaton and commercalsaton, fnancal support, publc procurement, dsposal of assets of publc fnance sector enttes, enttes recevng publc funds, entrepreneurs wth State Treasury shareholdng or local government unts, grantng of concessons, permts, subject exemptons, relefs, preferences, quotas, tar celngs, suretes and bank guarantees; control of the correctness and truthfulness of asset declaratons or state- ments on conductng economc actvtes by persons performng publc functons. Preventve actvtes also consttute an mportant part of the CBA performance. Wthn the lmts of the tasks defned n the Act, the CBA ocers perform the followng actvtes: analytcal and nformatve operatonal ntellgence control nvestgaton Operatonal actvtes and ltgaton proceedngs Number of nvestgatons 5

7 Gudebook Operatonal ntellgence s performed by the ocers of the CBA n order to prevent the perpetraton of crmes, ther recognton and detecton as well as to obtan and process nformaton relevant to combatng corrupton n state nsttutons and local government and also actvtes aganst the economc nterest of the State. In case of a justfed suspcon of a crme perpetraton, the CBA ocers perform nvestgatve actvtes specfed by the provsons of the Code of Crmnal Procedure, ncludng actvtes on command of the court and the prosecutor. Control actvtes The Bureau s the sole specal servce havng the tool n the form of the control of asset declaratons and economc decsons. The am of control actvtes conducted by the CBA ocers s the dsclosure of corrupton cases n publc nsttutons, abuse by persons performng publc functons and the actvtes aganst the economc nterest of the State. Controls are conducted on the bass of an annual control plan, approved by the Head of the CBA or f necessary on an ad hoc bass. Control actvtes cover: 1) dsclosure and preventon of cases of non-complance, for example n the scope of ssung economc decsons (among others: prvatsaton, fnancal support, dsposal of state and muncpal assets, publc procurement), 2) verfcaton of the correctness and veracty of asset declaratons or statements on conductng economc actvtes by persons performng publc functons Number of controls

8 the central ant-corrupton bureau Analytcal actvtes Identfcaton of threats detrmental to the economc nterest of the State as well as approprately early and possbly predctve communcatng them to the state authortes, n addton to the formulaton of proposals of remedal actons are the basc objectves of analytcal and nformatve undertakngs carred out by the CBA. Moreover, they support operatonal ntellgence, nvestgatve and control actvtes. The fact that an ncreasng number of respondents evaluate the CBA s actvty as good s reflected n the number of potental and substantated corrupton cases reported to the Bureau. In 2013, the number of reports ncreased by 60% The number of reports on potental or substantated corrupton cases Preventve actvtes As part of ts actvty, the CBA also conducts preventve and educatonal actvtes. In ths regard, t cooperates wth other nsttutons and NGOs dealng wth corrupton. The Bureau s tasks nclude analytcal actvtes referrng to the phenomena covered by the CBA s competence as well as the presentaton of the nformaton wthn ths scope to the Prme Mnster, the Presdent of the Republc of Poland, the Sejm and the Senate.

9 Gudebook The CBA s webstes the CBA s ocal webste The ste s avalable also n Englsh. The Bureau also conducts nformaton actvtes on Facebook, Twtter and Google+. The CBA s webste contans basc nformaton on the actvtes of the Bureau: news concernng the actvtes of the CBA, legal grounds for the Bureau s actvtes, nformaton for canddates for servce n the CBA, contact detals of the CBA s unts. nformatve and educatonal webste Educatonal content can also be found on the webstes and servces admnsterd by the CBA on Facebook, Twtter and YouTube. The webste ncludes nformaton on educatonal nature: current meda reports on corrupton and ts preventon, analyses and reports, results of socal polls, nformaton on current socal ntatves, relevant legal nformaton, nformaton of the actvtes of Polsh and foregn government nsttutons and NGOs, engaged n fght aganst corrupton. 8 Ant-corrupton preventon Snce 2010, on the bass of ther experences n the feld of combatng and preventng corrupton, the CBA ocers have conducted tranng courses for employees of state nsttutons and busness organsatons. Tranng courses have also been conducted n the course of varous workshops and conferences on ssues of corrupton preventon.

10 the central ant-corrupton bureau The tranng courses are complemented by manuals ssued by the CBA and addressed to cvl servants and entrepreneurs. Issues related to the dscusson on the most common rregulartes and errors n the mplementaton of publc procurement are also an mportant element of the tranng courses Untl the end of 2013, over 560 tranng courses were carred out n 400 nsttutons over 30 thousand persons were traned cooperaton wth ore Under a blateral agreement concluded n March 2014, the CBA and the Centre for Educaton Development (ORE) are preparng plot educatonal project Ethcs not only for Kds, addressed to teachers and pupls from I III grades of prmary schools, to ther parents and local communtes. The project, whch ams to develop ethcal atttudes and awareness of ant-corrupton educaton, nvolves, among other thngs, conductng tranng courses and developng a handbook for teachers. televson campagn At the turn of 2012 and 2013, the CBA carred out a meda campagn Corrupton, how much wll YOU pay for t, transmtted by the Polsh Publc Televson. In the project, there were also nvolved: Ant-Corrupton Coalton of NGOs, the Mnstry of the Interor, the Mnstry of Sport and Toursm and the Customs Servce. B I U R O C E N T R A L N E A N T Y K O R U P C Y J N E In May 2014, the Central Ant-Corrupton Bureau, the Polsh Fnancal Supervson Authorty and the Warsaw Stock Exchange sgned a jont declaraton on takng a substantve patronage over tranng courses and workshops amed to mprove the complance culture among economc enttes. The CBA ocers support the ntatve by conductng classes on the dentfcaton of rsks and corrupton preventon.

11 Gudebook PUBLICATIONS In the years , the CBA ssued 33 publcatons, 22 of whch are n Polsh and Englsh, 8 have been translated to the Englsh language and 3 are n Polsh-Englsh verson. The publcatons are avalable n the form of e-books and audobooks on webstes: Mapa korupcj 10

12 the central ant-corrupton bureau INTERNATIONAL COOPERATION The CBA cooperates wth many nternatonal organsatons and law enforcement agences n other countres. The cooperaton ams to exchange best practces, extend the knowledge on corrupton, solutons and nstruments appled abroad as well as to exchange nformaton on current operatonal and nvestgatve actvtes conducted by foregn servces. Due to the provsons of the Act on the CBA, n order to undertake cooperaton wth foregn enttes, the Bureau has to obtan the Prme Mnster s consent. So far, the Bureau has obtaned the consent to cooperate wth 50 countres and 11 nternatonal organsatons. Internatonal organzatons, cooperatng wth CBA Addtonally, the CBA belongs to nternatonal organsatons, such as EPAC/EACN European Partners aganst Corrupton/European Contact-Pont Network aganst Corrupton. 11

13 Gudebook The Central Ant-Corrupton Bureau has establshed, among others, cooperaton wth the World Bank, whch resulted n the development of a jont Englsh language publcaton ttled: Fraud and Corrupton Awareness Handbook. The book s addressed prmarly to ocals dealng wth publc procurement. In 2013, the Bureau n cooperaton wth the Polsh Natonal Polce Headquarters organsed the 13 th Annual Internatonal Conference (EPAC/EACN), held n Cracow. 93 Partcpants attended the conference heads of law enforcement agences and antcorrupton nsttutons from: Poland, Malta, Slovaka, Croata, Estona, Luxemburg, Germany, Romana, Sweden, France, Hungary, Ireland, Denmark, Fnaland, Bulgara, Lthuana, Kosovo, Latva, Austra, Portugal, Span, the Netherlands, and Belgum. Under the Programme Preventon of and Fght aganst Crme, the European Commsson awarded a grant to the CBA for the mplementaton of the project: Rsng of Antcorrupton Tranng System. The Lthuanan Specal Investgaton Servce (STT) s the co-benefcary of the project, and the Latvan Corrupton Preventon and Combatng Bureau (KNAB) s the project partner. The mplementaton of the actvtes has been planned for 36 months, commencng from January The whole project conssts of two components: a seres of sx nternatonal ant-corrupton tranng conferences addressed to representatves of publc admnstraton, the scentfc communty and nsttutons nvolved n the fght aganst corrupton; nearly 120 partcpants attended the frst three conferences, from: Poland, Estona, Lthuana, Latva, Norway, Croata, Moldova, Azerbajan, Montenegro, Denmark, Macedona, Austra, Slovena, Bulgara, and Romana; the launch of an e-learnng platform (development of ant-corrupton edu- catonal tools and communcaton for publc ocals, entrepreneurs and the publc n the framework of the three components: corrupton n publc admnstraton, corrupton n busness, the socal mpact of corrupton). 12 The e-learnng platform s avalable on the ste The platform s addressed to broad audence: the central and local government, busness communty, and also to socety. Due to the wde scope of addressees, the tranng course s dvded nto three sectons, each of whch conssts of 20 teachng hours: 1) corrupton n publc admnstraton, 2) corrupton n busness, 3) socal eects of corrupton. The partcpants can count on the support of an expert who wll answer ther

14 the central ant-corrupton bureau questons through communcaton tools such as a chat and a forum. To complete the tranng course, one must go through derent lessons, do exercses, test ther knowledge and pass the fnal test. The completon of the tranng course can be confrmed wth a roll call dploma generated upon request of the partcpant. The am of the platform s to rase the level of publc awareness of corrupton and ts preventon. If someone has already basc knowledge, the tranng course allows to systematse t and expand. On the occason of the Internatonal Ant-Corrupton Day observed on 9 th December snce 2010, n cooperaton wth other government agences and NGOs, the CBA has organsed annual Internatonal Ant-Corrupton Conferences. So far, n the meetngs organsed by the CBA, nearly 1,000 guests from Poland and other countres took part: the Unted States, Austra, Hungary, Slovaka, Germany, Swtzerland, the Czech Republc, Ukrane, Belorussa, Lthuana, Latva, Denmark, Romana, France, Italy, the Unted Kngdom, Belgum, Albana, and Morocco. THE STRUCTURE OF THE BUREAU The CBA s the smallest and also the youngest specal servce. The Bureau employs 880 ocers and cvl servants who are hgh class professonals n felds related to the completon of the tasks of the servce. They are specalsts n the feld of operatonal work, nvestgaton, detecton, analyss and control actvtes, drect protectve measures, securty of telecommuncaton networks, protecton of confdental nformaton and personal data, legal servce, logstcs and fnance, audt and nternal securty, nternatonal cooperaton and personnel tranng. More than one-thrd of persons employed n the CBA are women. 232 out of 766 ocers, and 83 out of 114 cvl servants are female. Total number of ocers and cvl servants n the CBA n Number of women n the CBA n

15 Gudebook The CBA conssts of the followng unts: Operatons and Investgatons Department Securty Department Control Proceedngs Department Analyss Department Operatonal Technques Bureau Law Bureau Fnance Bureau HR and Tranng Bureau Logstcs Bureau IT Bureau Control and Internal Aars Bureau Cabnet of the Head Internal Audtor s Unt Regonal Oce of the CBA n Bałystok Regonal Oce of the CBA n Gdańsk Regonal Oce of the CBA n Katowce Regonal Oce of the CBA n Kraków Regonal Oce of the CBA n Lubln Regonal Oce of the CBA n Łódź Regonal Oce of the CBA n Poznań Regonal Oce of the CBA n Rzeszów Regonal Oce of the CBA n Szczecn Regonal Oce of the CBA n Warsaw Regonal Oce of the CBA n Wrocław Legend Regonal Oce of the CBA 14

16 the central ant-corrupton bureau contact Centralne Buro Antykorupcyjne Al. Ujazdowske Warszawa e-mal: bp@cba.gov.pl tel. (22) fax: (22) The Pass Oce of the CBA and the Regstry Oce are located at the entrance of al. J.Ch. Szucha (from Monday to Frday, ) Recrutment tel. (22) CBA Press Ocer Jacek Dobrzyńsk tel. (22) (oce hours: ) e-mal: meda@cba.gov.pl Regonal Oces of the Central Ant-corrupton Bureau Bałystok ul. Antonukowska 21, Bałystok, tel. (85) ; (22) Gdańsk ul. Kartuska 385 b, Gdańsk, tel. (58) ; (22) Katowce ul. 1 Maja 123, Katowce, tel. (32) ; (22) Kraków ul. Racławcka 58, Kraków, tel. (12) ; (22) Lubln ul. Glnana 7, Lubln, tel. (81) ; (22) Łódź ul. Żeromskego 87, Łódź, tel. (42) ; (22) Poznań ul. Wchrowa 20, Poznań, tel. (61) ; (22) Rzeszów ul. Wspólna 1, Rzeszów, tel. (17) ; (22) Szczecn ul. Żołnerska 4d, Szczecn, tel. (91) ; (22) Warszawa ul. Poleczk 3, Warszawa, tel. (22) Wrocław ul. Rodakowskego 6, Wrocław, tel. (71) ; (22)

17 Gudebook REPORT CORRUPTION Contact free hotlne and report corrupton Drect telephone conversaton wth a CBA ocer s possble from Monday to Frday, n oce hours: Other hours and non-workng days: leave a message on the recordng devce. e-mal: kontakt@cba.gov.pl 16 Fll out the form avalable on the webste Report corrupton n person at one of the Regonal Oces of the Bureau.