REGULATION OF DUTIES AND WORKING PROCEDURES OF FINANCIAL CRIMES INVESTIGATION EXPERTS

 

Dayandığı Kanunun Tarihi - No                  :

13/11/1996   - 4208

Yayımlandığı R.Gazetenin Tarihi - No       :

20/08/1998   - 23439

      



PART ONE

Object, Scope, Base and Definitions

Object and Scope

Article 1- Assignment and professional career procedures and principles of Financial Crimes Investigation Experts of Ministry of Finance Financial Crimes Investigation Board have been determined in this Regulation.

Legal Base

Article 2- This Regulation has been arranged on the base of Article 15 of Law No: 4208 on Prevention of Money Laundering.

Definitions

Article 3- Within the framework of this Regulation;

Ministry : means the Ministry of Finance,

Presidency : means the Presidency of the Financial Crimes Investigation Board,

President : means the President of the Financial Crimes Investigation Board,

Investigator : means Finance Inspectors, Auditors, Revenue Comptrollers, Sworn-in Bank Auditors, Treasury Comptrollers and Capital Market Board Experts assigned upon the request of the Presidency,

Expert : means Financial Crimes Investigation Expert,

Assistant Expert : means Financial Crimes Investigation Assistant Expert,

 

 

PART TWO

Duties, Authorities and Responsibilities 

Duties, authorities and responsibilities of Financial Crimes Investigation Experts

Article 4- Duties of Financial Crimes Investigation Experts are as follows;

a) to collect all statistical and other kinds of information concerning money laundering offence, to carry out monitoring and evaluative functions with regard to this process, 

b) to suggest proposals and opinions concerning legislative matters and implementation within the framework of the duties of the Presidency and, to participate in training activities,

c) to participate in arranging regulations, communiques and circulars concerning matters within the framework of working principles, procedures, duties and authorities of the Presidency, as necessary,

d) to follow up national and international activities and publications concerning prevention of money laundering,

e) to carry out other duties assigned by the Presidency,

Experts perform their duties under the direct supervision of the President or the Vice President assigned by the President.

Experts are obligated to carry out their assigned duties promptly and precisely. 

 

PART THREE

Procedures and Principles With Regard to Entering the Financial Crimes Investigation Expert Career and Training Process

 

Entering Financial Crimes Investigation Expert Career

Article 5- Those who have passed the entrance exam enter the Financial Crimes Investigation Assistant Expert Career Track and those who have passed the proficiency exam shall be assigned as Financial Crimes Investigation Experts.

Examination Procedure

Article 6- (Paragraph 1 amended by Article 1 of the Regulation Amendment published on the Official Gazette on 19 November 2002 with No:24941) Entrance exam shall be hold among the persons who get satisfactory grade determined by MASAK from the Selection Exam for Government Officer organized by ÖSYM in accordance with the General Regulation on the Exams for the Persons who would be assigned to Public Services for the first time entered into force by the Decree No:2002/3975 dated 18.3.2002.

(Paragraph 2 has been annulled by Article 1 of the Regulation Amendment published on the Official Gazette on 18.07.2001 with No: 24466)

The entrance exam has two steps: the first is a written exam and the second is an oral exam. Those who have passed the written exam shall be subjected to an oral exam and those who pass in this exam shall be accepted to enter the entrance exam.

Notification of Entrance Exam

Article 7- (Amended with the Article 2 of the Amended Regulation published in the Official Gazette with the number 24941 on November 19, 2002) The Presidency shall call a specified number of candidates among the ones who get the sufficient point which has been determined according to the special conditions and the kind of point stated in the Selection Exam for Government Officers Guide for Financial Crimes Investigation Assistant Expert. The Presidency may also call candidates according to the point and number which Presidency announces even the title of Financial Crimes Investigation Assistant Expert is not taken place in the Selection Exam for Government Officers Guide. The principles regarding the entrance exam shall be notified 30 days before the date of the exam in the Official Gazette and by putting a notice in the first five national newspapers which have the maximum circulation throughout Turkey. The candidates shall be given 15 days at least for application.       

Provisions of Entrance Exam

Article 8- Those who want to take the entrance exam for the Assistant Expert Career Track are required to have the following prerequisites:

a) to have general provisions stated in Article 48 of The Code of State Officials No: 657,

b) to graduate from a Turkish university's baccalaureate programs lasting at least 4 years, such as from the political sciences, law, economy, management and administration faculties or equivalent abroad as accepted by competent authorities,

c) to be under the age of 30 on the date of written exam,

d) to be finished or to have had postponed compulsory military service for men,

e) not to have a disability or an illness that prevent the candidate from performing his/her duties.

Application of entrance exam and documents required

Article 9- Those who want to take the exam for the assistant expert career track shall apply to the Presidency with an application form whose nature is determined by the Presidency. Applications that are received late because of a delay in the postal service shall not be evaluated.

Requirements from candidates who will take entrance exam.

a) Original ID-Card or a certified copy of it,

b) Original diploma from a university faculty or original graduation document or a certified copy of them,

c) A CV written in the handwriting of the candidate,

d) 4 colour photos,

e) The original certificate stating that compulsory military service has been completed or postponed, or a certified copy of that certificate,

f) Record of previous convictions,

g) Clean bill of health from a state hospital,

h) (Amendment done by Article 3 of Regulation Amendment published Official Gazette with No:24941 dated 19 November 2002)  A copy of result document on Selection Exam for Government Officer.

The documents required before the exam and after passing the written and oral exams shall be determined by the Presidency.

The candidates can participate in the entrance exam only twice.

 

Examination Place and Entrance Document for the exam

Article 10- The written exams will be held in the place determined by the Presidency, the oral exams will be held in Ankara.

The candidates who have the necessary prerequisites will be given by the Presidency a photograph-bearing document for entering the exam. It is necessary that by the candidates show this document when entering the exam.

Examination Board

Article 11- The examination Board shall be constituted upon approval of Ministry of Finance with five members who shall be selected from among the vice presidents and experts under the chairmanship of the President or the vice president assigned by the President.

(Inserted sentence by amendment of Regulation published on the Official Gazette on 19.11.1998 with No: 23528)

If necessary, investigators the titles of whom are stated in Article 3 of the Law No: 4208 may be selected for examination board.

The examination board meets with all members present and makes a decision with majority for each candidate. Abstentions cannot be used. The decisions, which are taken in compliance with the result of voting, shall be deemed definite.

The Subjects Of Entrance Exam

Article 12- The subjects of the written exam are as follows:

a) Economy Section

- Macro-economy and micro-economy, money, banking, international economy.

Economy of management.

- International economic relations and institutions.

b) Finance Section

- Public Finance (Public incomes, public expenditures, Budget and Public Borrowing)

- Financial Policy

c) Law Section

- Fundamental Principles of Law

- Administrative Law (General Provisions, Administrative Judgements)

- Civil Law (except family law and the law of succession)

- Criminal Law (General Provisions)

- Commercial Law (Commercial businesses, companies, valuable securities)

- Law of Obligation (General Provisions)

- Law of Bankruptcy (General Provisions )

d) Group Of Accounting

- General accounting

e) Foreign Language (English, French, German).

The Presidency has the authority to change the subjects of the exams.

The Evaluation of Written Exam.

Article 13-The written exam shall be evaluated by the Examination Board. It is mandatory that written exam is passed with 60 point of 100 point.

At least 50 points must be scored from each section and 60 points on average in the event that the written exam for each section is held separately.

Announcement of Written Exam Results

Article 14- The successful candidates shall be notified by means of a written document or by posting the list of results in an appropriate place which the Presidency has approved. The place, the date, and the time of the oral exam shall be stated in the notification in which the successful candidates were identified.

Oral Exam

Article 15- In the oral exam, along with the subject knowledge in the written exam , the candidates shall be evaluated with regard to their intelligence, articulation, general culture, attitude and behavior.

Evaluation Of Oral Exam

Article 16- In the oral exam, the Chairman of Examination Board and each member of the Board shall give the candidates marks relative to 100 points. It is necessary to get at least 70 points in order to be deemed successful. The Examination Board shall register the oral exam results in the minutes of their meeting .

Entrance Examination Mark

Article 17- The entrance examination mark is the arithmetic mean of both the written and the oral exam. The results of the examination shall be registered in the minutes of their meeting by the Examination Board and shall include the list of the successful candidates, starting with the highest grade.

The number of candidates to be deemed successful will be based on the cadres available and current needs. In the case of equivalence of entrance exam marks, the candidate whose foreign language is better than the others shall be given priority.

(Added to following of paragraph by the Regulation Amendment published on the Official Gazette on 18 July 2001 with No:24466) As a reasult of exam, Presidency may also determine substitute candidates while determining main ones. Substitute candidates shall be invited in place of main ones in accordance with success line who didn’t apply to be assigned.

The names of the successful candidates shall be notified in a list by posting it in an appropriate place of which the presidency has approved and shall sent in writting to the candidates. 

Those Giving Insufficient Or False Information

Article 18- If the successful candidates, who were given an entrance document and accepted for the exam, gave insufficient or false information on their application forms, their exams shall be deemed invalid and their assignments shall not be carried out and, even if they were assigned, their assignment shall be deemed invalid. They shall not have the right to file an objection.

Training Programme

Article 19- The assistant expert's training programme shall be regulated by the Presidency. In this period, seminars and courses shall be regulated in order to improve assistant expert's career knowledge and their understanding concerning legislation. Assistant Experts might be allowed to participate in the courses of training institutions in order to develop and improve their foreign language abilities and computer skills.

Assistant Experts shall work under the supervision of investigators and experts for eighteen months following their assignment . At the end of this period the assistant experts who were deemed successful and who have a satisfactory official record, might be authorized to working individually with approval of the Presidency in the framework of principles to which experts are subject.

After completing eighteen months, (not including unpaid leave and military service) assistant experts shall choose a subject of thesis in the field of the Presidency's activities upon approval of the Vice President concerned. The subject of the thesis chosen shall be submitted to the President and it shall become definite following his approval. The assistant expert shall begin to prepare his/her thesis following the notification date and shall submit his/her thesis to the Presidency two months before the proficiency exam .

Evaluation of Training

Article 20- The assistant experts shall be evaluated with respect to their proficiency by the Examination Board through their thesis and reports they have prepared , marks earned from the courses and seminars regulated by the Presidency. A training mark, with perfect being 100 points, shall be assigned on the basis of the foregoing qualifications as well as the assistant experts' industry, ability, attitude , behavior and official records.

Proficiency Examination

Article 21- Except for times of unpaid leave and military service assistant experts who have completed three years in this career shall be subject to a proficiency exam.

The Proficiency Exam shall be held for assistant experts in order to determine whether they have acquired information concerning legislation in their subject field and other information and qualities required by the career.

The Proficiency Exam shall be held by the Examination Board, which was constituted in accordance with Article 11 of this regulation.

The Subjects of Proficiency Exam

Article 22- The Proficiency Exam shall include both oral and written exams on the following subjects:.

a) Law No.4208 and related legislation,

b) Capital Market Legislation,

c) Banking Legislation,

d) Foreign Exchange Legislation,

e) Tax Law,

f) Criminal Law,

g) Commercial Law,

h) Money Laundering Techniques,

ı) International Agreements and Legislation concerning prevention of money laundering.

Proficiency Exam may be held either by grouping the subjects in different sections or by combining all of the subjects.

Evaluation of the Proficiency Exam

Article 23- The proficiency mark shall be determined from the arithmetic means of both written and oral exam marks (based on 100 points) and a general training mark as stated in Article 20 of this Regulation

In order to be deemed successful, it is necessary to get at least 60 points for the written exam mark, oral exam mark and a general training mark separately and for the arithmetic means of these to be at least 70 points.

Dismissal From the Assistant Expert Career Track

Article 24- According to the accompanying study results and official records, the ones who will be deemed unsuccessful or to be unsuitable in their careers shall be dismissed from the assistant expert career track without waiting for the proficiency exam.

For dismissal from the assistant expert career in respect of the ones who have been deemed to be unsuccessful in accordance with the accompanying study results and official records, a proposal from the Vice President concerned and an approval of the President shall be required.

Under this Article, Ministry shall assign the ones dismissed from the career track to a new cadre in compliance with their position.

Assignment to Financial Crimes Investigation Board Expert Career

Article 25- At the end of the evaluation of proficiency, the successful assistant experts shall be assigned to Financial Crimes Investigation Board expert cadres.

Apart from the ones who have worked as assistant experts for the Board and who have been successful in the proficiency exam, no others shall be assigned to expert cadres.

 

PART IV

On-the-job training

 

Article 26- The Board may regulate on-the-job training programmes for assistant experts and experts and also may facilitate the application of these programmes both in Turkey and foreign countries.

It is necessary that experts know at least one foreign language. For this purpose, facilities for the participation of experts and assistant experts in foreign language courses may be supplied in order to promote their language levels.

The experts successful in their careers might be sent to foreign countries for a maximum of six months in the framework of the programmes determined by the Presidency to increase their official knowledge, to promote foreign language ability, and to make investigations and research deemed necessary.

 

PART V

Miscellaneous and Final Provisions

Work schedules and working results

Article 27- Experts work schedules shall be regulated by the Presidency.

Experts shall submit the results of their work to the Presidency in the form of papers or reports. Types of reports shall be determined by the Presidency.

Career Seniority

Article 28- The order of career seniority of those assigned, as experts shall be determined in accordance with exam dates and exam marks.

Identity Card

Article 29- An identity card (as approved by the Presidency and signed by the President) shall be given to experts.

Transitory Article 1- Those assigned as Financial Crimes Investigation Board Experts shall be deemed successful in the proficiency exam according to Transitory Article 2 of Law No.4208.

Transitory Article 2- 4208 sayılı Kanunun geçici 2'nci maddesine istinaden uzmanlığa aynı tarihte atananların meslekte kıdem sırası, denetmenliğe ve uzmanlığa başlama tarihleri esas alınarak belirlenir.

Article 30- This Regulation shall come into force on the date of its publication.

Article 31- The Minister of Finance executes the provisions of this Regulation.