Fin Secy Orders All 15 Economic Investigation Agencies to Share
Data with CEIB
·
Leakages to Mar Investigations Feared
CEIB Seen as Outdated Agency having Outlived Original Role with no Legal
Mandate or Staff
[CBIC Instruction No. 13/2018 – Customs
dated 29 August 2018]
Subject: Sharing of
cases booked by Customs field formations under the Information Sharing Protocol
with CEIB - regarding.
During the 'Working
Group on Intelligence Apparat u s' meeting held on 26.03.2018, it was noted by
the Finance Secretary that information sharing has become sporadic and a matter
of pick and choose and that it is absolutely essential that intelligence
sharing should be a continuous process and not something that is
negotiable/discretionary. In this background, Finance Secretary stressed that
all Investigating Agencies should regularly share information with Central
Economic Intelligence Bureau (CEIB).
2. To implement the
said directions, an Information Sharing Protocol (ISP) (copy enclosed) was finalised which all agencies information have to put in
place by way of explicit written order for compliance by all the designated
members of respective Regional Economic Intelligence Councils (REICs). Further,
other actionable intelligence/information not forming part of the ISP should be
shared with the concerned agencies/departments on real -time basis.
3. Annexed to the
Information Sharing Protocol is a time schedule of sharing of information at
various stages. The entire process of investigation has been divided into four
stages of (i) seizure/detection, (ii) show cause
notice, (iii) order-in -original, (iv) prosecution, and time lines for sharing
of information with CEIB has been fixed for the stages.
4. In view of the
above, it is requested that all concerned formations under your jurisdiction
may be directed to share the desired information with CEIB in terms of the
enclosed Information Sharing Protocol and the stage-wise timelines annexed with
it (sl. no. 15 pertains to Cl3 J C).
Encl: As above
Information Sharing
Protocol
1. Nodal Officer
responsible for ensuring that reporting is done regularly, to be nominated by
the Head of the Agency/Department. Name, designation & contact numbers to be provided.
2. All cases where
offence is detected, irrespective of the nature of offence, which involves
contravention of any economic statute, are to be shared within a week of such
detection/adjudication (unless specifically mentioned in the attached
annexure). It may be noted that
even if any order by any agency is placed in the public domain/website, a copy
still needs to be sent to CEIB.
3. In cases where
inter agency ramifications noticed during course of investigation, that agency
should be informed directly to save time (along with all supporting facts &
figures) but invariably, a copy be enclosed to CEIB.
4· For the time
being, sharing may be done through (Secure Information Exchange Meeting) SIEN
or hard copy till the necessary secure message sharing platforms are put in
place by CEIB.
5· So far as context
of information is concerned, the primary details would be identity (such as
PAN/PP No., IEC, GSTIN, CIN, DIN etc.) name, address of the entity, relevant
statute, date of action, details of seizure and the modus operandi adopted to
violate the statute. Care must be taken to see that the modus operandi adopted
must be spelt out in great clarity, so that any inter-agency ramification is
brought on record.
F.No. 394135/2014-Cus
(AS)