Project titleOrganisation of the Covert Surveillance for Improvement of the Intelligence

Twinning light No.LV/2006/FI-01TL

Funding ProgrammeTransition Facility Programme 2006
Beneficiary institution Customs Criminal Board of the State Revenue Service

under the Ministry of Finance of the Republic of Latvia
Maximum Budget200 000 EUR

PROJECT FICHE

1. Background

1.1. Project description justification

Although Latvia has achieved significant progress in improvement of the customs control, Latvian customs still has to do much to enhance the efficiency of the customs control process. After accession to the European Union (EU) the role of customs on the Latvian-Estonian and Latvian-Lithuanian borders changed significantly, as they became the internal borders of the EU. To ensure free movement of goods in the EU the regular control on the internal borders was abolished. Mobile units carry out selective customs control on the basis of risk analysis. However, risk analyses are based on information, which is also obtained with operative work methods, for example, covert surveillance.

Customs control on the Latvian-Russian and Latvian-Byelarussian borders, in the international airport and seaports also changed, as they became external borders of the EU.

  • Regulation (EC) No 648/2005 of the European Parliament and of the Council

of 13 April 2005, amending Council Regulation (ECC) No 2913/92 establishing the Community Customs Code.

‘’(14) ‘’Customs controls’’ means specific acts performed by the customs authorities in order to ensure the correct application of custom rules and other legislation governing the entry, exit, transit, transfer and end-use of goods moved between the customs territory of the Community and third countries and the presence of goods that do not have Community status; such acts may include examining goods, verifying declaration data and the existence and authenticity of electronic or written documents, examining the accounts of undertaking and other records, inspecting means of transport, inspecting luggage and other goods carried by or on persons and carrying out official inquiries and other similar acts.’’

Customs was obliged to undertake new responsibilities. To prevent and combat customs offences and smuggling, as well as to investigate customs criminal cases according to the EU requirements, there is a need to improve customs operative work creating and developing the covert surveillance service.

Covert surveillance supports intelligence, which is a key-issue of risk management. With the operative work methods risks can be detected and essential information can be acquired, which further is used in investigation and intelligence by analyses. In the above mentioned regulation and according to it,

‘’(25) ‘’Risk’’ means the likelihood of an event occurring, in connection with entry, exit, transit, transfer and end-use of goods moved between the customs territory of the Community and third countries and the presence of goods that do not have Community status, which

-prevents the correct application Community or national measures, or

-compromises the financial interests of the Community and its MemberStates, or

-poses a threat to the Community’s security and safety, to public health, to the environment or to consumers.

‘’(26) ‘’Risk management’’ means the systematic identification of risk and implementation of all measures necessary for limiting exposure to risk. This includes activities such as collecting data and information.

Customs operative work is collection and processing of the information for the needs of Customs Criminal Board of the State Revenue Service and other structural units of the State Revenue Service, which deal with customs control measures and customs investigation.

The main function of the Customs Criminal Board of the State Revenue Service is protection of public interests, which includes:

  • Prevention and detection of customs offences;
  • Collection, systematization, analysis and storage of important information

for operational and control measures;

  • Fight against smuggling of goods and conventionally prohibited items.

The Customs Criminal Board is a structural unit of the State Revenue Service under the Ministry of Finance. It performs operational activities to disclose and prevent customs offences and deals with the investigation of smuggling cases, inter alia investigation of drug and psychotropic substances smuggling cases.

The Customs Criminal Board includes:

Investigation division;

Operational Work Division;

Intelligence Division;

Support Division.

Support Division of the Customs Criminal Board carries out special operative work in order to obtain important information, which can be further on used:

1) for customs offices in order to carry out controls of the risk objects;

2) for investigation officers in order to start investigation and obtain necessary particular information;

3) for customs intelligence officers in order to carry out risk analyses.

Surveillance or operational activities is an essential part of the complete controle process. Covert Surveillance is the monitoring of behaviour. It is a process of monitoring the behaviour of people, objects or process. Data profiling in this context is the process of assembling information about a particular individual in order to generate a profile— that is, a picture of their patterns and behavior. Data profiling is used in security, law enforcement and intelligence operations for a variety of applications. Such kind of information further is used in investigation process and intelligence for analyses.

During reorganization process which carried out in the Customs Criminal Board on May 2007 the Support Division has been created in order to improve the operative work. The reorganization had been performed for the purpose to improve information getting, usage and exchange methods. This process is based on action plan of the Customs Criminal Board where is noted that covert surveillance service has to be established. Customs Criminal Board took into account the experience of similar State Police Divisions and other operative work subjects in the country. In accordance with existent situation regarding covert surveillance services of law enforcement institutions knowledge and experience about working methods in this field employees usually receive by practical way within organization. Because such kind of structure is under status of secrecy and information about organization and working methods is not available for others.

Reorganization process of Customs Criminal Board will be finished till November 2007 and then Support Division will start to work. At the moment Customs Criminal Board gathers information about new employees who will work in this field, produced normative documents, methodology of organization and finding of financial resources for the purchase of technical equipment, providing premises etc.

For the realization of covert surveillance new workers will be employed and for this purpose and especially for their professional skills very important is to organize theoretical and practical training.

Theoretical training should include existing legislation, progressive methods of work organization, functional subordination, determination of obligations, cooperation with other institutions etc.

Practical training should include usage of new technical achievement, physical security, skills, personal touch , analysis of results etc.

There is a need to improve the special operative work methods for the purpose to strengthen administrative capacity, border management, intelligence and investigation .

1.2. Brief description of relevant aquis.

Regulation (EC) No 648/2005 of the European Parliament and of the Council

of 13 April 2005, amending Council Regulation (ECC) No 2913/92 establishing the Community Customs Code.

1.3. Linked activities

The creation of The Support Division was included in the ‘’Drug and Psychotropic Substances Dependence and Spreading Derogations and Controls State programme for the year 2005-2008’’ (direction issued by the Cabinet of Ministers No 559 of 17 August 2005) and also planned in the ‘’Organised Crime Combating programme for the year 2006-2010’’ (direction issued by the Cabinet of Ministers No 390 of 31 May 2006).

In line with these programmes, the ‘’Customs Activities Security programme’’ was given financial resources, which are planned to be used for the operative work organisation in the Support Division and for the purchase of the necessary technical equipment.

2. Description of the Assignment

2.1. The Beneficiaries

The Support Division of the Customs Criminal Board of the State Revenue Service will be the direct beneficiary of this Twinning project. Other structural units of the State Revenue Service involved in customs control process (e.g. Investigation Division of the Customs Criminal Board, Operational Work Division of the Customs Criminal Board, Control Division of the Customs Criminal Board, Intelligence Division of Customs Criminal Board), which gain information, necessary for their work from the Support Division of the Customs Criminal Board, will be beneficiaries of this Twinning project.

The main task of the Customs Criminal Board of the State Revenue Service is protection of public interests by detecting and eliminating of customs offences as well as combating the traffic of smuggled goods and conventionally prohibited goods across the state border.

2.1.1.Senior Programme Officer (SPO)will be:

Mr. Dzintars Jakans - Director General of the State Revenue Service under the Ministry of Finance, 1, Smilsu Str., Riga, LV-1978, Latvia, telephone: +371 67028703, fax: +371 67028704, e-mail: .

2.1.2.Latvian Project leaderon behalf of the beneficiary will be:

Mr. Vladimirs Vaskevics - Director of the Customs Criminal Board of the State Revenue Service under the Ministry of Finance, 6 Eksporta street, Riga, LV-1010, Latvia, telephone: +371 67357200, fax: +371 67357202; e-mail: .

The target group: managers and specialists of the Support Division of the Customs Criminal Board will take part in the training activities and advice offered in the frames of the project. The choice of participants will be based on their professional duties. Today we have 24 specialists of the Support Division of the Customs Criminal Board and they will take part in the course and be trained. From them 8 specialists of middle level of management who will be responsible for the whole support process within Customs Criminal Board in the future.

10 managers of the Customs Criminal Board of the State Revenue Service will take part in the study visit to the MemberState's customs or other law enforcement agencies or administrations.

During study visit 10 managers – leading and middle level responsible officials of the Support Division daily work will visit Member State’s law enforcement agencies with the purpose to receive the best practice of existing legislation, progressive methods of work organization, determination of obligations, cooperation with other institutions, usage of new technical achievement, physical security, skills, personal touch etc.

2.2. Global Objective

To achieve the efficient customs control process that contributes to the detection, elimination and prevention of customs offences. To provide effective realisation of the risk management and investigation process.

2.3. Specific Objectives

To develop customs operative work with the main task to contribute to the detection, elimination and prevention of customs offences on the EU internal and external borders.

2.4. Scope of Work

I Component – Evaluation.

1. Evaluation

Evaluation of the existing customs operative work organisation of the Customs Criminal Board

(including organisational structure and methods) and legal requirements.Cooperation of law

enforcement agencies.

Experts tasks:

1. Feasibility study.

2.Discussions.

2 Member State's experts, 10 man-days

(Project Leader –5 man-days, Expert II- 5 man-days).

2. Outcome & recomendations.

Development of proposals for improvement of the existing customs operative work organisation and

legislation.

Experts tasks:

1.Preparation of proposals regarding operative work organisation.

2.Preparation of proposals regarding current legislation.

2. Discussions.

2 Member State's experts, 10 man-days

(Project Leader — 5 man-days, Expert II- 5 man-days)

3. Best practices.

Study visit of the working group of Latvian specialists to the EU Member State in order to get

acquainted with the EU Member State's Customs or other institutions administration’s experience in the

field of operative work (covert surveillance). Planned that 10 participants from the Customs Criminal

Board will take part in this visit. They are leading and middle level responsible officials of the Support

Division who will visit MemberState’s law enforcement agencies with the purpose to receive the best

practice of existing legislation, progressive methods of workorganization, determination of

obligations, cooperation with other institutions, usage of new technicalachievement, physical security,

skills, personal touch etc.

Due to the fact that daily work of all 24 officials of the Support Division will be divided in 6 small groups eachgroup consisting from 4 officials it is necessary for one official of each group to participate in the study visit. Therefore 6 middle level officials responsible for organizing and supervision of covert surveillance in each group will take part in the study visit. One ofparticipantswhowill participate in this study visit will be responsible for the technical equipment andthree of participated officials will be leading level officers – head of division and deputies of division.

Experts tasks:

1. Providing experience in the field of operative work esp.current surveillance – their working

situation, qualitative and quantitative.

2.Providing knowledge how to use special skills and special technical equipment in line with

EU practices.

3.Providing knowledge regarding principles administration of finance resources. Using and

reporting of special finance resources.

5 days study visit to a MemberState Customs or other institutions administration for 10 Latvian specialists.

II Component – Basic training.

The training course should be divided into two parts: theoretical part and practical part.

1. Creation of training handbook.

Preparation of the theoretical training programme of Covert Surveillance. Training programme should be translate from English language to Latvian before the theoretical training.

Theoretical part should include following fields: existing legislation, progressive methods of work organization, functional subordination, determination of obligations, cooperation with other institutions, covert surveillance – obtaining and structuring of information, classification of information, realization of information, exposition and analysis of typical situations, preparing of recommendations, interchange with other law enforcement agencies for avoiding of overlapping etc.

Experts tasks:

1. Preparation of handbook regarding covert surveillance.

2. Providing English version for translation in Latvian language before training course.

3 Member State's experts, 30 man-days.

(Project Leader -10man-days, Expert II - 10 man-days, Expert III – 10 man-days)

2. Theoretical practice.

Theoretical training on Covert Surveillance including operative work methods, strategy, tactics, technical opportunities, as well as information flow management on the basis of the training programme and materials prepared - the programme shall be discussed during experts' visits.

Experts tasks:

1. Based on prepared and translated material carry out 3 different theoretical training sessions.

2. Discussions about results of sessions and recommendations regarding practical training.

3 Member State's experts, 15 man-days for the 1st group of participants (Project Leader - 5man-days, Expert II-5man-days, Expert III - 5 man-days)

3 Member State's experts, 15 man-days for the 2nd group of participants (Project Leader -5 man-days, Expert II - 5 man-days, Expert III - 5 man-days)

3 Member State's experts 15 man-days for the 3rd group of participants (Project Leader -5 man-days, Expert II - 5 man-days, Expert III - 5 man-days)

3.Preparation of the field practice.

Practical training programme of Covert Surveillance including 3 different scenarios of operations.

Session regarding practical training and discussions about 3 different scenarios and practical preparation of operations.

Practical training in accordance with number of participants will divide in three parts - 3 different operations on Covert Surveillance. Practical training must covers usage of new technical achievement, physical security, skills, personal touch , analysis of results etc.Each operation will include operative work methods, tactics and technical opportunities – scenario of operation shall be prepared by experts and discussed during experts' visits. During the practical part the analysis of real situations will be performed by the participants.

Taking into account project budget regarding theoretical and practical training very essential is that training sessions have to be carried out in the special rented apartments which are selected before the training sessions. Location and duration place has to be chosen together with Latvian specialists as well as means of transport have to be specially organized and rented like apartments. Approximate costs for venue are 10000 Euro (the costs will be covered from the national co-financing).

Experts tasks:

1.Preparation of 3 different scenarios of operations.

2. Discussions about possible operations with Latvian colleagues regarding practical implementation.

3 Member State’s experts, 15 man-days.

(Project Leader -5,man-days, Expert II – 5 man-days, Expert III – 5 man-days)

4. Field practice.

Practical training in accordance with number of participants will divide in three parts - 3 different

operations on Covert Surveillance.

Each operation will include operative work methods, tactics and technical opportunities (see activity 3) – scenario of operation prepared by experts.

Regarding practical training very essential is thatpractical training sessions have to be carried out with the special rented cars because practical training will be real imitation of operation. Costs for renting cars will be covered from the national co-financing.

Location and duration place has to be chosen together with Latvian specialists.

Experts tasks:

1. Observation of operations.

2. Recommendations.

1.Operation for 1st group of participants.

3 Member State's experts, 15 man-days for the 1st group of participants (Project Leader – 5 man-days, Expert II- 5man-days, Expert III – 5 man-days).

2.Operation for the 2nd group of participants.

3 Member State's experts, 15 man-days for the 2nd group of participants (Project Leader -5 man-days, Expert II - 5 man-days, Expert III - 5 man-days)

3.Operation for the 3rd group of participants.

3 Member State's experts 15 man-days for the 3rd group of participants (Project Leader -5 man-days, Expert II - 5 man-days, Expert III - 5 man-days)

5. Final Stage.

Final session of the project for the management level of the State Revenue Service. During session

will be evaluated three different operations. Evaluation will be carried out between groups.