MFX 376/418
20
MWW
RECTW
、,,:_༼ 3、!4; 1989
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OPF TION OF DRUG TRAFFICKING OFFENCES ACT 1986 AND EFFECTS' UPON
BANKING SYSTEMS
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1. The operation of the Drug Trafficking Offences Act 1986 has been
streamlined by HM Customs and Excise in order to ensure that banks' experience minimum inconvenience in complying with the legislation.
2. All disclosures by banks and financial institutions are made to
one central point, the Financial Desk at the NDIU, which is jointly manned by police and Customs staff. Thence they are referred either
to the enforcement authority having an established interest
(according to the NDIU computer), or to the most appropriate
authority in other cases.
3. All enquiries of the banks etc which are made by Customs are
channelled through the Investigation Division of Customs and Excise,
where a designated team is responsible for all banks' liaison. The
banks give guidance as to their preferred contact point, and liaison
is usually channelled through the Inspectorate Branch at the banks'
Head Office. In England and Wales, however, there are 43 separate
regional police forces, each of which will approach the banks' Head office (or branch offices) separately. (In a country where there is a National Police Force, such problems could be avoided.)
4. All Departmental Production or Restraint Order applications are
pre-screened locally by a Customs senior officer of equivalent rank
to Assistant Chief Constable. They are then forwarded to the
Investigation Division, where a second screening process is
undertaken, with final authority being granted by the Head of the
Drugs Financial Investigations Branch (also of ACC rank). No
application to a court for an order under DTOA can be made by a
Customs Officer unless dual authorisation has been given.
5. Where Production or Restraint Orders are granted by the Court,
the Inspectorate Branch at Head Office is notified, and decides
whether the Order should be served upon them, or directly upon the
named Branch office where the account is held. Usually service is upon the Head Office, which then instructs the branch office to
GBLAOF