2010-2012 ACTION PLAN FOR PREVENTION AND SUPPRESSION OF TERRORISM, MONEY LAUNDERING AND TERRORIST FINANCING
OBJECTIVE MEASURE COMPETENT BODY TIME LIMIT PERFORMANCE INDICATORS
I TERORISM
1. TERRORISM PREVENTION
1 Enhanced normative and legal framework Analysis of the existing and drafting of new regulations MoI, ANS,
PD 2011 - Analyses developed
- Appropriate amendments to the Law on Agency for National Security (ANS) adopted
- Draft Law on Home Affairs developed
- MoI has drafted a proposal for the Law on DNA register, which has been submitted to relevant authorities for further proceedings
Developing a Rulebook on engagement of the Special Anti-terrorist Unit PD 2011 - Developing the Rulebook in progress
Developing a Rulebook on engagement of the Special Police Unit PD 2011 - Developing the Rulebook in progress
Developing a Rulebook on the use of ad hoc negotiating team PD 2011 - Developing the Rulebook in progress
2 Developed human resources, administrative, material and technical capacities Development of new rulebooks on organization and job descriptions ANS,
PD
2011 - New Rulebook on ANS organization and job descriptions adopted
- Development of a new rulebook on PD organization and job descriptions is in progress
Recruitment of necessary personnel MoD,
ANS,
PD continuously - ANS continuously works on selection and recruitment of adequate personnel The current staffing capacity is 80% by comparison with the adopted job descriptions
- Police Directorate’s (PD) staffing capacity implemented in accordance with the job descriptions
- The Armed Forces of Montenegro committed within its second mission a special force company and military police company, for the needs of supporting civilian structures in the fight against terrorism. The new organizational structure and authorized strength defined the number of these units, with ongoing activities on their full manning.
Drafting the Needs Plan for the supply of missing material and technical resources and specialist equipment for Special Anti-terrorist Unit, Special Police Unit and Counter Terrorism Search Team PD 2010/
continuously - The Needs Plan for 2010 and 2011 developed.
Supply of technical equipment for measures of secret surveillance to be used by the Special Anti-terrorist Unit, Special Police Unit and Counter Terrorism Search Team PD continuously - Percentage of equipment procured by comparison with the planned equipment amounts to 0%
Strengthening intelligence system in the process of intelligence gathering ANS,
PD continuously - ANS is continuously working to strengthen the intelligence system in the process of intelligence gathering
- Since the beginning of the AP’s implementation and in 2011, PD has continuously worked to strengthen the intelligence system in the process of intelligence gathering. A series of specialized projects with partner agencies from the region and Europe was either implemented or are in the implementation phase, in order to improve the quality of the intelligence system
Further improvement of existing technical solutions ANS continuously - ANS continuously works on improvement of existing technical solutions
3 New training and specialization programs conducted Organise trainings for judges and public prosecutors in order for them to get acquainted with international conventions, laws Coordinating Committee, Judicial Training Center continuously - Planned and successfully implemented continuous training of judges and public prosecutors in terms of acquaintance with international regulations and conventions
Organise trainings for judges and public prosecutors in terms of enforcing statutory provisions Coordinating Committee, Judicial Training Center continuously - A large number of seminars and trainings organized, attended by judges and representatives of the judiciary
Organize trainings to identify and prevent radicalization and extremism that can potentially grow into terrorism ANS,
PD continuously
Needs assessment and training of personnel in the field of anti-sabotage and biochemical protection PD continuously - Training in the field of protection against sabotage attended by 8 employees and training for biochemical protection attended by 7 employees. In the forthcoming period, it is necessary to organize training related to neutralizing and destroying sophisticated improvised explosive devices (containing electronic circuits), while officers involved in biochemical protection need constant professional training and monitoring of legislation in the field of food safety.
Conducting trainings of Criminal Police Department employees working on investigations of terrorism PD continuously - Officers of the Division for the Prevention of General Crime participated in the seminar "International Investigations at an Explosion Site" which took place at the International Law Enforcement Academy ILEA in Budapest.
Strengthening the capacities of Special Anti-terrorist Unit and Special Police Unit by intensifying specialized trainings and through cooperation and exchange of experiences with renowned special forces in the region and beyond PD continuously - In 2010, the Special Anti-terrorist Unit has implemented 30 seminars and other forms of trainings, of which 10 at international and regional level. In the first four months of 2011, two training courses were implemented (U.S. Embassy in Podgorica and ILEA Academy in Budapest). The number of completed trainings of Special Police Unit members in the period from 2010 to April 2011, amounted to 23 (regional level). Cooperation of members of Special Anti-terrorist Unit and Special Police Unit with renowned special forces in the region and beyond was intensified by the Police Directorate through specialized trainings and data exchange.
Participation in joint training with forces from other institutions in Montenegro; NATO forces and other foreign armed forces PD
MoD/AFoM continuously - In 2010, Special Anti-terrorist Unit implemented a training course on anti-terrorist actions - close combat rules for the members of the special company of the AFoM.
- Ministry of Defense and the Armed Forces of Montenegro staff also regularly and systematically participate in various forms of joint trainings with forces of other institutions in our country, but due to their specific functioning, they also do it with NATO units and other foreign armed forces. In 2011, members of the AFoM attended a course related to cyber-crime investigations in connection with weapons of mass destruction proliferation, organized by the specialized agency of the U.S. Department of Defense
Intensifying specialist trainings of Agency for National Security staff engaged in working field of combating terrorism ANS continuously - ANB officers engaged in operations of countering terrorism, continuously attend specialized courses and studies at home and abroad
4 Improved cooperation among all competent institutions in the country, within the region and at international level Organize meetings with competent institutions in the country – signing of protocols on cooperation MoI,
MoD,
ANS,
PD continuously - ANB continuously organizes meetings with competent institutions in the country. Special protocols on cooperation exist with Administration for Prevention of Money Laundering and Financing Terrorism and the Police Directorate.
- Within the ILECUs project, PD signed agreements on cooperation with law enforcement agencies at the national level.
- The signing of other protocols on cooperation between the competent government bodies is in implementation phase.
Participation of employees in working bodies, groups and projects aimed at combating terrorism MoI,
MoD,
ANS,
PD continuously - Representatives of the Ministry of Interior, together with representatives of the ANB and the PD, participate in the work of bodies, groups and projects aimed at combating terrorism.
- Representatives of the MoD, together with representatives of other competent government agencies, participate in the work of groups, bodies and projects aimed at combating terrorism.
- Representatives of the ANS participate in the work of groups, bodies and projects aimed at combating terrorism The aim of these activities is the planning and implementation of joint interventions in this field, both in our country and abroad.
- Representatives of the PD participate in the work of groups, bodies and projects aimed at combating terrorism During 2011, PD representatives participated in an international conference and a project organized on the subject of terrorism by regional and European partners.
Plan and implement joint activities in the country, within the region and at international level MoI,
MoD,
ANS,
PD continuously - The MoD and the AFoM regularly plan and implement the participation of their members at conferences, symposia and training programs, related to the fight against terrorism. It is planned that the MoD is a host and organizer of the international seminar Defense against Terrorism, which is planned for September 2011, with participants from the country and abroad.
- With regard to international level cooperation, ANS has intense cooperation both at bilateral and multilateral level with a large number of intelligence and security agencies and associations in Europe and the world, which is an activity that will continue to be intensified.
- In collaboration with other competent government bodies, PD continuously conducts activities to collect operational data and information related to the occurrence of extreme and radical behavior. PD also achieves international police cooperation in the field of anti-terrorist activities.
5 Improved mechanisms for preventing propaganda and incitement to terrorism, and incitement to terrorism in any way Analysis of existing statutory provisions, with proposed measures to prevent propaganda, incitement to terrorism and incitement to terrorism in any way MoI,
MoJ 2012 - Ministry of Justice of Montenegro has initiated and partly put into practice a comprehensive process of aligning Montenegrin legislation with EU legislation and other relevant international standards, with constant analysis of the same.
2. SUPPRESSING TERRORISM
6 Improved mechanisms for disabling organizational and logistics activities having terrorist intentions Analysis of possible organizational and logistics activities with terrorist intentions ANS,
PD 2012 -
7 Improved mechanisms for the detection and prosecution of all persons who are related to terrorism and the disclosure of all activities directed against Montenegro, other states and/or international organizations It will be defined in the next 2012-2014 Action Plan ANS,
PD 2012-1014
8 Improved mechanisms for preventing movements and stay of all persons associated with terrorism in the territory of Montenegro
Deployment of Interpol's services at border crossings, in order to perform direct searches in Interpol's databases and checks of persons, travel documents and vehicles at border crossings PD - All border crossings in Montenegro are linked into a single system, which enables direct searches of Interpol databases and checks of persons, travel documents and vehicles
9 Improved mechanisms for the prevention of criminal activities that may be directly or indirectly linked to terrorism The objective defined by the measures set out in part on terrorism prevention PD - Reporting on the basis of measures to prevent terrorism
3. PROTECTION AGAINST TERRORISM
10 Improved mechanisms for developing and strengthening the protection of infrastructure facilities of special importance at the territory of MNE To be defined in the next 2012-2014 Action Plan
11 Improved mechanisms for strengthening the system of protection and surveillance of state borders Procurement of necessary equipment PD continuously - Through procurement of necessary equipment, the Police Directorate is continuously working on improving and strengthening the system of protection and surveillance of the state border, while the mechanisms for the protection of infrastructure facilities of special importance and control of trade and storage of materials that can be used for terrorist attacks will be promoted by the next Action Plan, along with analyses prepared
12 Improved control system of transport, storage and safekeeping of weapons, explosives and other assets that can be used for terrorist attacks Analysis of the existing control system of transport, storage and safekeeping of weapons, explosives and other assets MoI,
MoD 2011 - In cooperation with foreign experts, the Ministry of Defense has carried out a study encompassing the analysis of the existing system of storage, control and safekeeping of weapons, ammunition, explosives and other ordnance in the warehouses of the Armed Forces of Montenegro. On the basis of the conducted analysis, measures to improve the conditions of storage of weapons and ammunition were undertaken, while we can point out as an especially positive example the reconstruction of the military warehouse Taraš, through which this warehouse was brought in line with the most modern standards in terms of storing and safekeeping ammunition.
- In the next period, an analysis will be carried out of storing and safekeeping of weapons, ammunition and explosives by other entities, such as the police, commercial companies involved in production and trade of weapons and explosives, and others.
13 Improved mechanisms for strengthening supervision of trade in and use of dual-use goods Analysis of the existing supervision system of trade in and use of dual-use goods MoI,
MoE (Ministry of Economy) 2011 - Based on the analysis made, with a view to improving the mechanisms for strengthening supervision over the trade and use of dual-use goods, the Ministry of Economy is of opinion that two laws need to enter into the adoption procedure: Law on Trade in Arms and Military Equipment and Law on Trade in and Use of Dual-Use Goods, while a proposal made by the working group COARM (Working Party on Conventional Arms Exports) is in the process of review and approval.
14 Improved mechanisms for informing citizens and legal entities on the level of terrorist threats Enhance cooperation of state authorities with the media, which contributes to more objective public information Competent bodies continuously
4. REPAIRING DAMAGE FROM TERRORIST ATTACKS
15 Improved and developed national capacities necessary to redress the consequences of attacks and rehabilitation of damaged systems To be defined in the next 2012-2014 Action Plan 2012-2014
16 Developed mechanisms of rescuing people, material and cultural resources and the environment To be defined in the next 2012-2014 Action Plan 2012-2014
5. CRIMINAL PROSECUTION
17 Effective enforcement of criminal prosecution of perpetrators, accomplices and other persons in any way associated with terrorist activities Analysis of compliance of legislation with international standards and conventions MoJ continuously - Within the segment of criminal prosecution, with a view to more efficient enforcement of criminal prosecution of perpetrators, accomplices and other persons in any way associated with terrorist activities, the Ministry of Justice is continuously working on the analysis of the compliance of active legislation with international standards and conventions, thus ensuring the necessary compliance. In this process, special attention is paid to the recommendations and special recommendations of the FATF organization, as well as to special resolutions of the UN Security Council.
Preparation of semi-annual analyses of statistical indicators concerning the number of cases in the field of terrorism PD, Supreme Public Prosecutor’s Office
High Public Prosecutor’s Office continuously - The Supreme Public Prosecutor’s Office of Montenegro and the Police Directorate are continuously preparing semi-annual analyses of statistical indicators concerning the number of cases in the field of terrorism.
- In the period since the adoption of the Strategy and the Action Plan, there were no cases of committed criminal acts of terrorism under Article 447 of the Criminal Code
Conducting trainings in the field of financial investigations MoJ, PD, Supreme Public Prosecutor’s Office, High Public Prosecutor’s Office, AfPMLaFT continuously - In cooperation with numerous domestic and international partners, the Ministry of Justice is also actively participating in preparation and implementation of specialized trainings in the field of financial investigations that are dedicated to specific issues, as well as in coordination of cooperation of state authorities in them, with a view to their final realization.
- In 2010 and the first half of 2011, continuous training from the field of financial investigations has been underway within the Supreme Public Prosecutor's Office. Six trainings were realized, with the participation of twenty-seven prosecutors.
- In the first half of 2011, two trainings from the field of financial investigations were realized, with the participation of three, i.e., four representatives of the Administration for Prevention of Money Laundering and Financing Terrorism.
II MONEY LAUNDERING AND TERRORIST FINANCING
18 Improvement of normative and legal framework Analyze legislation and ensure its compliance with international standards and conventions AfPMLaFT continuously - The competent body is continuously analyzing the compliance of legislation with international standards and conventions
Drawing up new laws and secondary legislation that comply with international standards and conventions MoF,
AfPMLaFT 2011 - Following the analysis of relevant international standards and conventions regulating this field, the Administration for Prevention of Money Laundering and Financing Terrorism and the Ministry of Finance prepared a Proposal for a Law on Amendments to the Law on Prevention of Money Laundering and Terrorist Financing, and forwarded it to the Parliament of Montenegro for regular Parliamentary proceedings. However, after submission of the Proposal for a Law to the Parliament of Montenegro, the Administration for Prevention of Money Laundering and Financing Terrorism was submitted a large number of comments by the European Commission and the Council of Europe. Due to the large number of submitted recommendations, the Government withdrew the Proposal for a Law from the Parliamentary procedure, with a view to its harmonization. The revised Proposal for a Law will be re-submitted to the Government for consideration and adoption. Following the adoption of the Proposal for a Law on Prevention of Money Laundering and Terrorist Financing, adoption of a set of secondary legislation necessary for the implementation of the above legal act, and also brought in line with international conventions, is expected as well.
Making the amended list of indicators of suspicious transactions MoF,
AfPMLaFT,
Central Bank of MNE, in cooperation with competent authorities from Art. 86 of the Law 2011
19 Developed human resources, administrative and material-technical capacities Amendments to and adoption of the Rulebook on internal organization and job descriptions, in accordance with the Law on the Prevention of Money Laundering and Terrorist Financing AfPMLaFT 2011 - The new Rulebook on internal organization and job descriptions that is in line with the current Law has been adopted
Recruiting the necessary staff AfPMLaFT,
PD continuously - After a part of the management of the institution has been appointed, employment of a certain number of employees is underway, through which a satisfactory level of available personnel will be achieved, with a planned increase in the number of employees.
- With regard to the Police Directorate, recruitment of new staff has been achieved in line with the organization and job descriptions, so that all departments have the necessary personnel.
Assessment of the needs and procurement of equipment for work, in accordance with recognized trends in the field of money laundering AfPMLaFT 2010/ continuously - An assessment of the need for procurement of equipment in accordance with recognized trends in the field of money laundering has been made.
The estimated needs were partially realized, with plans in place for continuation of this activity.
20 Improved institutional cooperation aimed at effective exchange of information Analysis of the implementation of agreements on cooperation with other authorized state agencies and organizations and assessment of the need for concluding new agreements AfPMLaFT,
PD 2010/ continuously - The Administration for Prevention of Money Laundering and Financing Terrorism and the Police Directorate made analyses of the implementation of agreements on cooperation with other authorized state agencies and organizations, and an assessment of revision of existing agreements or preparation of new ones, which has been implemented
Efficient inter-institutional data exchange AfPMLaFT,
PD continuously - It has been continuously worked on an efficient inter-institutional data exchange was also continued, resulting in a larger number of reports of suspicious activities filed by the Administration for Prevention of Money Laundering and Financing Terrorism to the Police Directorate and prosecution office
21 Improved international cooperation Analysis of the implementation of agreements on cooperation with financial intelligence units (FIU) in the region, and assessment of the need to conclude new agreements AfPMLaFT 2010/ continuously - After analyses of the implementation of agreements on cooperation with financial intelligence agencies in the region, the need was ascertained for new agreements on exchange of financial intelligence data. Such agreements were already signed with several countries, and a number of them are in the planning stage.
Efficient exchange of financial-intelligence information, data and documentation with authorized bodies of other countries and international organizations AfPMLaFT continuously - Efficient exchange of financial-intelligence data, information and documentation is continuously implemented with the authorized bodies of other countries and international organizations.
Established centralized information system between the competent authorities Providing links and connections to computer networks and databases of institutions AfPMLaFT,
PD
in cooperation with competent authorities - The Administration for Prevention of Money Laundering and Financing Terrorism and the Police Directorate are actively working on establishing a centralized information system between the competent authorities, while the establishing of a communication link between these two institutions is in the final stage
22 New training and specialized training programs conducted Participation in seminars organized by international institutions as well as in working groups of the Egmont Group AfPMLaFT continuously - Employees of the Administration for Prevention of Money Laundering and Financing Terrorism have, within the implementation of new training and vocational training programs, participated in numerous seminars and conferences organized by international institutions, as well as in working groups of the Egmont Group, and the same is planned for the second part of 2011
Organizing seminars and symposia for authorized persons of obligated parties and employees who have direct contact with clients AfPMLaFT and PD, in cooperation with competent authorities continuously - Seminars, workshops and round tables were organized and attended, including staff of the Police Directorate and the Administration for Prevention of Money Laundering and Financing Terrorism, especially those prepared to act as authorized persons and employees who have direct contact with clients, as well as on other topics related to these issues
23 Applied MONEYVAL recommendations Realization of Government conclusions dated 23 April 2009 Competent authorities continuously
24 Prepared and adopted risk analysis Adopting guidelines on risk analysis Supervisory authorities referred to in Art. 86 of the Law on PMLTF 2010 - After a risk analysis was prepared and adopted, with the participation of supervisory authorities, and under the applicable law, the Guidelines on the development of risk analysis to prevent money laundering and terrorist financing were established
