TASKS OF THE CBA
The tasks of the Bureau in terms of its statutory competence comprise, ﬁrst of all, identiﬁcation, prevention and detection of crimes (laid down in art. 2, paragraph 1, item 1 of the Act on the CBA) and prosecution of perpetrators, as well as:
- disclosure and prevention of cases of non-compliance with the limitation of conducting economic activities by persons performing public functions;
- documenting the grounds for and initiating implementation of the provisions on the reimbursement of unjustly obtained beneﬁts at the expense of the State Treasury or other public legal entities;
- control of the correctness and truthfulness of asset declarations or statements on conducting economic activities by persons performing public functions;
- disclosure of cases of non-compliance with certain provisions of law-making procedures and implementation of decisions concerning: privatisation and commercialisation, ﬁnancial support, awarding public procurement, disposal of assets of public ﬁnance sector entities, entities receiving public funds, entrepreneurs with State Treasury shareholding or local government units, granting of concessions, permits, subject exemptions, reliefs, preferences, quotas, tariﬀ ceilings, sureties and bank guarantees;
- conducting analytical activities concerning the phenomena occurring within the CBA’s competence and presenting information in this regard to the Prime Minister, the President of the Republic of Poland, the Sejm and the Senate.
Preventive activities also constitute an important part of the CBA performance.
OPERATIONAL ACTIVITIES AND LEGAL PROCEEDING
In case of a justiﬁed suspicion of crime perpetration, the CBA oﬃcers perform investigative activities speciﬁed by the provisions of the Code of Criminal Procedure, including activities ordered by court and the prosecutor.
Operational intelligence is performed by the oﬃcers of the CBA in order to pre- vent the perpetration of crimes, their recognition and detection as well as to obtain and process information relevant to combating corruption in state institutions and local government and also activities against the economic interest of the State.
The Bureau is the sole special service having a tool in the form of the control of asset declarations and economic decisions. The aim of control activities conducted by the CBA oﬃcers is the disclosure of corruption cases in public institutions, abuse by persons performing public functions, and activities against the economic interest of the State. Controls are conducted on the basis of an annual control plan, approved by the Head of the CBA or – if necessary – on an ad hoc basis.
Control activities cover:
- disclosure of cases of non-observance of the law, for example in the scope of issuing economic decisions (among others: privatization, ﬁnancial support, disposal of state and municipal assets, public procurement), as well as preventing it,
- veriﬁcation of the correctness and veracity of asset declarations or statements on conducting economic activities by persons performing public functions.
In 2014, the CBA’s tasks associated with the veriﬁcation of incompatibility declarations were extended. Declarations of the following groups are veriﬁed: candidates for members and members of the Economic Commission to the Minister of Health, the Transparency Council to the President of the Agency for Assessment of Medical Technology, health care consultants and persons participating in the preparation, execution and performance of oﬀset contracts.
Identiﬁcation of threats detrimental to the economic interest of the State as well as appropriately early and possibly predictive communicating them to the state authorities, in addition to the formulation of proposals of remedial actions are the basic objectives of analytical and informative undertakings carried out by the CBA oﬃcers. Moreover, they support operational intelligence, investigative and control activities.
As part of its activity, the CBA also conducts preventive and educational activities. In this regard, it cooperates with other institutions and NGOs dealing with issues of corruption.
Prevention and education:
- educational websites,
- anti-corruption publications,
- training courses,
- participation in research projects,
- participation in the works of government teams,
- educational projects financed by the EU.