International Seminar of the services ascertaining conflicts of interest of the Danube region states at June the 28th – 29th, 2012 in Sofia

2 program 1.facts and figures to corruption situation 2.legal situation according corruption crimes 3.corruption prevention in the Federal Police a)overview of the Federal Police b)strategy and selected actions

facts and figures to corruption situation in Germany

4 Corruption situation in Germany yearly report of corruption situation in Germany by Federal Criminal Police Office (=Bundeskriminalamt – BKA) considered the corruption situation in every state and every part of public administration report only reflects on the known facts of corruption crime (dark field problem/ control-crime / no direct victim similar to crime involving narcotic drugs)

5 Corruption situation in Germany source: Federal Criminal Police Office; Corruption Report 2009

6 Corruption situation in Germany source: Federal Criminal Police Office; Corruption Report 2009

legal situation according corruption crimes in Germany

8 prescriptions German criminal code for example §§ 331 – 335 StGB Federal Government Directive Concerning the Prevention of Corruption in the Federal Administration (see below) Recommendations for Corruption Prevention in Federal Administration (see below) authority specific prescriptions general specific

9 basic standards for federal administration Federal Government Directive Concerning the Prevention of Corruption in the Federal Administration basic standards for measures of corruption prevention in the Federal Administration areas of activity especially vulnerable to corruption transparency and the principle of greater scrutiny contact person for corruption prevention staff awareness and education basic and advanced training Conscientious administrative and task-related supervision notification and action in case of suspected corruption Guidelines for awarding contracts Anti-corruption clause sponsoring

10 basic standards for federal administration Recommendations for Corruption Prevention in Federal Administration recommendations are a help for execution of the directive and the elaboration of the anti corruption measures the Ministry of Interior decreed: The recommendations are mandatory for Federal Police. Federal Police has to put the recommendations into practice.

11 next to authority specific prescriptions also thematic specific prescriptions Code to the Convention on combating bribery of foreign public officials in international business transactions IntBestG EU – Bribery Act EU-BestG Law of federal executives BBG Administrative procedural law VwVfG Income Tax Act EStG Regulation of taxation AO General terms an conditions of the government purchasing authority of the Federal Ministry of the Interior AGB des BeschA BMI

corruption prevention in the Federal Police a) overview of the Federal Police b) strategy and selected actions

13 a) overview of the Federal Police special polices with specific tasks 16 federal states (Bundesländer) every state has its own Police the federation has only special polices with specific tasks Federal Police Federal Crime Police Office Costume Crime Police Office

14 a) overview of the Federal Police Federal State Police and Federal Police BPOL = 13,5% of all polices police officer

15 a) overview of the Federal Police history and tasks March the 16 th, 1951 Founding as Federal Border Guard July the 1 st, 2005 renaming in Federal Police tasks according to legal basis Bundespolizeigesetz § 10 Support of Federal Office for the protection of the constitution § 11 Support of a federal state § 12 Prosecution of crime § 13 Prosecution of administrative offence § 7 Case of crisis and defense § 6 Naval Tasks § 5 Protection of Federal Constitutional Bodys §§ 4, 4a Aviation Security § 3 Railway Police § 8 Commitment in foreign countries § 9 Support of other administrations § 2 Border Police

16 a) overview of the Federal Police equipment Vehicles 6405 Helicopters72 Ships / Naves 18 K 9 (dogs) 560 Chargers (horses) 40

17 b) strategy and selected actions When think about anticorruption…

18 b) strategy and selected actions workflow conditions & two-man-rule Transparency and the principle of greater scrutiny no officer concludes an initiated process of his own, especially measures of procurement, budgeting etc. mutual control of several officers involved arrangements for co-signing using of IT-workflows, which allow each of the processing steps only after the fulfillment of defined conditions

19 b) strategy and selected actions workplace analyses for every workplace in Federal Police checked and noticed, if the tasks at this workplace are vulnerable, not vulnerable or especially vulnerable to corruption analysis of the positions which are especially vulnerable to corruption and evaluation, if anti-corruption measures are sufficient if necessary, initiation of further measures or even rotation of workplaces or tasks

20 b) strategy and selected actions rewards and gifts § 71 Law of Federal Executives principally it is forbidden to accept rewards, gifts or benefits for exercising duties for one selves or thirds to accept or demand exception: approved gifts approval must be made in advance responsibility for approval clearly established gifts with little substantive value (about 25 ) are approved, but must be indicated acceptance of cash is strictly forbidden

21 b) strategy and selected actions sponsoring sponsoring is possible for public relations, but not for enforcement tasks (this is the legal order) even in public relations restrictive handling approval only by the Ministry of the Interior uniform procedure of application and approval (for example by specimen of a sponsoring contract)

22 b) strategy and selected actions difference rewards and gifts to sponsoring recipient of rewards and gifts are individual employees recipient of sponsoring is the authority itself

23 b) strategy and selected actions staff awareness and education corruption prevention is part of basic training implementation of project days specific advanced training-courses for employees with positions which are especially vulnerable to corruption for executives for contact persons internal auditors advanced training as part of the regular staff awareness for every employee

24 b) strategy and selected actions staff awareness and education

25 b) strategy and selected actions yearly report yearly report to the Federal Ministry of the Interior about suspicion cases actions of staff awareness and education the result from the workplace analyses actions as consequence of the result from the workplace analyses Whistleblowing cases

26 b) strategy and selected actions local contact persons for corruption prevention tasks according to Nr. 5 of the Federal Government Directive Concerning the Prevention of Corruption in the Federal Administration Federal Police Headquarter acquired a conception for contact persons to consider the framework conditions of Federal Police (= specific implementation) contact persons for all Federal Police Inspections / authorities specification of tasks cooperation with executive departments for internal auditing

27 b) strategy and selected actions local contact persons for corruption prevention promotion example: integration in rewards and gifts

International Seminar of the services ascertaining conflicts of interest of the Danube region states Thank you for your attention!