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					Chapter 24 - Justice, Freedom & Security                                Iceland




                            JUSTICE, FREEDOM & SECURITY
I. MIGRATION                                                                  2
II. ASYLUM                                                                   16
III. VISA POLICY                                                             23
IV. JUDICAL CO-OPERATION IN CIVIL MATTERS                                    24
V. JUDICAL COOPERATION IN CRIMINAL MATTERS                                   30
VI. POLICE COOPERATION & FIGHT AGAINST ORGANISED CRIME                       40
VII. CONFISCATION                                                            76
VIII FIGHT AGAINST TERRORISM                                                 80
IX. DRUG DEMAND AND DRUG SUPPLY REDUCTION                                    86
X. CUSTOMS COOPERATION WITHIN THE THIRD PILLAR                               95
XI. COUNTERFEITING OF THE EURO                                               104
ANNEX 24:7             IMMIGRATION STATISTICS 2007, 2008 & TILL 31.08.2009
ANNEX 24:77            PRISON POPULATION 2006, 2007 AND 2008
ANNEX 24:132           DRUG TRENDS UNITED NATIONS OFFICE DRUGS & CRIME
                       QUESTIONNAIRE
ANNEX 24:145           OVERVIEW OF THE CUSTOMS IT SYSTEM




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 Chapter 24: Justice, Freedom and Security


 Explanatory note on references to laws and monetary values
 Icelandic laws, regulations (and other secondary legislation) and treaties are published in the
 Government Gazette (Stjórnartíðindi)1. A consolidated version of laws in force is available at
 the website of Althingi (The Parliament of Iceland).2 A consolidated version of regulations in
 force is available at the Government website.3 Monetary values are listed in Icelandic krona
 (ISK) with the euro value in footnotes at the exchange of 1 euro = ISK 180, rounded average
 Central Bank of Iceland exchange rate on 2 September 2009 (unless otherwise specified).
 However it should be kept in mind that the value of the krona has fluctuated in the last few
 years from below ISK 70 to over ISK 180 per euro at the official exchange rate (more if rates
 of EU banks are used). The euro value may therefore not give an accurate view, depending on
 the time of transactions.


I. MIGRATION
     1. Please provide information on legislation or other rules governing migration in
        your country.
 The main acts and regulations governing migration are the following:
     a.   Act on Foreigners No 96/2002
     b.   Regulation on Foreigners No 53/2003
     c.   Foreign Nationals‟ Right to Work Act No 97/2002
     d.   Regulation on Foreign Nationals‟ Right to Work No 339/2005

     2. Please describe your procedures for obtaining a residence permit, reasons for
        refusal, renewal or withdrawal of permits, and appeal procedures.
 Procedures for obtaining a residence permit
 A foreign national applying for a temporary residence permit for the first time shall apply for
 the permit before arriving in Iceland and may not come to Iceland until the application has
 been approved. This requirement may be waived if cogent considerations of fairness so
 demand, or in accordance with rules set by the Minister of Justice and Human Rights.
 The Directorate of Immigration takes a decision regarding the temporary residence permit.
 The application shall be accompanied by a photograph of the applicant and he/she shall sign
 the application with his/her own hand, stating, inter alia, that he/she consents to undergo a
 medical examination within two weeks of arriving in Iceland in accordance with current
 legislation and the instructions of the health authorities. The application shall also be
 accompanied by all the materials and certificates required by the Directorate of Immigration
 in order to confirm that the applicant meets the conditions set forth in legislation and
 regulations.
 A temporary residence permit may not be issued until the application for a temporary
 residence permit has been approved, the foreign national has arrived in Iceland, has

 1
     www.stjornartidindi.is
 2
     www.althingi.is
 3
     http://www.reglugerd.is/interpro/dkm/WebGuard.nsf/key2/forsida

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undergone a medical examination as attested by a certificate issued by a health institution and
has completed the registration of his/her address in Iceland.
A foreign national has to meet the following basic conditions for temporary permit as
described in the Act on Foreigners No 96/2002:
    His support, health insurance and accommodation are secure in accordance with
     further rules set by the Minister of Justice
    He meets the requirements for a temporary residence permit as set forth in this Act
     [the Act of Foreigners No 96/2002] and other regulations under the first paragraph of
     Article 3
    He gives his consent to undergo a medical examination within two weeks of his arrival
     in Iceland in accordance with current legislation and the instructions of the health
     authorities
    No circumstances obtain which could result in his being refused entry into Iceland or
     residence in the country under other Articles of this Act [the Act on Foreigners No
     96/2002]
In addition to the basic conditions above the foreign national must fulfil special conditions
regarding what kind of temporary residence permit he/she is applying for, that is, family
reunification, study, employment etc.
If requirements for a residence permit, as set out in the Act on Foreigners and the Regulation
on Foreigners, are not met the application will be rejected.
Renewal of permits
Foreign nationals‟ temporary residence permits may be extended, following an application, if
the conditions on which they were granted continue to be met. The conditions may be waived
under special circumstances.
A foreign national who desires an extension of his/her temporary residence permit shall apply
for extension not later than four weeks before the permit expires. If an application for
extension is made before the stated deadline, the foreign national shall be permitted to stay in
Iceland until the decision on his/her application is taken. Otherwise, the foreign national shall
leave Iceland before the expiry of his/her permit.
In exceptional cases, the Directorate of Immigration may authorize the foreign national to
continue to stay in Iceland until a decision is taken regarding his/her application for an
extension (renewal) of his/her permit if the application has been received after the deadline if
the fact that it was not submitted earlier is excusable or if there are cogent considerations of
fairness in favour of such a course of action.
Withdrawal of permits
The Directorate of Immigration may revoke a permit to stay in Iceland or a residence permit if
the foreigner in question has wilfully provided incorrect information or concealed facts that
may have been of material significance for the issue of the permit, if the conditions set for
such permits are no longer fulfilled, or if this otherwise follows from the general principles of
administrative law.
The Directorate of Immigration sends a possible revocation to the foreigner in question. The
foreigner is then granted an opportunity to express his/her views on the matter in question.
Then, the Directorate takes a decision in the case and if the decision is to revoke the permit
the Directorate sends revocation to the foreigner in question.

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Appeals procedure
According to Article 30 of the Act on Foreigners a decision of the police, and a decision of an
embassy, permanent commission or consul taken in accordance with Article 6(8), may be
appealed against to the Directorate of Immigration. A decision of the Directorate of
Immigration taken in its capacity of superior administrative authority is not subject to appeal.
Other decisions can be appealed to the Ministry of Justice.
A foreigner wishing to exercise his/her right of appeal shall make a declaration to that effect
within 15 days from when the decision in question was notified to him/her, to the authority
that made the notification. In other respects appeals shall be governed by Chapter VII of the
Administrative Procedures Act No 37/1991 relating to administrative appeals.
A denial of an application for a permit to stay in Iceland that is submitted for the first time
and a denial of renewal cannot be enforced until the foreigner in question has been granted an
opportunity to lodge an appeal, and in any event not before two days have passed since the
decision was notified to the foreigner.


   3. Do you have immigration rules providing for family reunification? If so, please
      outline these.
A member of the immediate family of an Icelandic citizen or of another Nordic citizen who is
permanently resident in Iceland, or of a foreign national who lives in Iceland on the basis of a
temporary residence permit as an employee with specialist skills or a sportsman, or a
temporary residence permit granted on the basis of humanitarian considerations, or on the
basis of a permanent residence permit, may, in response to an application, receive a temporary
residence permit, providing that any circumstances which could result in a family member
being refused entry into Iceland or residence in the country under any Articles of the Act on
Foreigners No 96/2002 do not obtain. In addition to which his/her means of support, health
insurance and accommodation shall be guaranteed. The same shall apply to the members of
the immediate families of persons who are pursuing doctorate studies in Iceland.
„Immediate family members‟ are the spouse, cohabiting partner or registered partner, the
children of the person concerned who are under the age of 18, are supported by him and under
his/her custody and his/her relations, or those of his/her spouse, in direct line of descent, who
are older than 66 years of age and are supported by them.


   4. Do you have immigration rules for acquiring a long-term resident status? If so,
      please outline these.
Foreign nationals may be granted permanent residence permits if they have lived in Iceland
continuously for the previous four years on the basis of temporary residence permits which
may constitute grounds for permanent residence permits. The conditions for granting
permanent residence permits shall include the following:
    The foreign national has attended a course in Icelandic for foreigners
    No circumstances obtain which may result in the expulsion of the applicant
    The foreign national demonstrates that he/she has had a secure means of support
     during the time that he/she has been resident in Iceland and that he/she has been able,
     and still is able, to support himself/herself in Iceland in a lawful manner



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    The foreign national has held a temporary residence permit on the same grounds for
     the four years preceding the submission of the application for a permanent residence
     permit and the conditions of that permit continue to be met
    The foreign national is not involved in a case in the criminal justice system which has
     not yet been brought to a conclusion in which he/she is suspected or accused of
     criminal conduct
The Directorate of Immigration shall take decisions on permanent residence permits. A
foreign national who wishes to acquire a permanent residence permit shall apply for it to the
Directorate of Immigration not later than four weeks before his/her temporary residence
permit is due to expire. He/she may continue to reside in Iceland until a decision regarding
his/her application has been taken providing that the application is received by the Directorate
of Immigration before the stated deadline.


   5. Describe your system for admission for employment, study and research
      purposes.
Employment
First, the foreign national has to meet the basic conditions for temporary residence permits:
    His/her support, health insurance and accommodation are secure in accordance with
     further rules set by the Minister of Justice and Human Rights
    He/she meets the requirements for a temporary residence permit as set forth in [the Act
     on Foreigners No 96/2002] and other regulations under the first paragraph of Article 3
    He/she gives consent to undergo a medical examination within two weeks of his/her
     arrival in Iceland in accordance with current legislation and the instructions of the
     health authorities
    No circumstances obtain which could result in his/her being refused entry into Iceland
     or residence in the country under other Articles of [the Act on Foreigners No 96/2002]
Then, the foreign national has to meet the condition of a Temporary Work Permit, Specialist
Work Permit, Unlimited Work Permit, Student Work Permit or Au Pair Work Permit. Foreign
Nationals‟ Right to Work Act, No 97/2002 applies to foreign nationals‟ right to work in
Iceland, as well as Regulation No 339/2005. The Directorate of Labour handles the
employment application.
Study
Foreign nationals intending to pursue full-time studies in Iceland may be granted temporary
residence permits providing that they meet the requirements made in connection with
preparatory education for the course of studies in question, including those regarding
language skills. The conditions for granting temporary residence permits in accordance with
provisions of the Act on Foreigners No 96/2002 shall include the following:
    That the foreign national meets the basic conditions for temporary residence permit:
     his/her support, health insurance and accommodation are secure in accordance with
     further rules set by the Minister of Justice and Human Rights; he/she meets the
     requirements for a temporary residence permit providing that any circumstances which
     could result in a foreigner being refused entry into Iceland or residence in the country
     under any Articles of the Act on Foreigners No 96/2002 do not obtain; he/she gives
     his consent to undergo a medical examination within two weeks of his/her arrival in

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       Iceland in accordance with current legislation and the instructions of the health
       authorities
    Pursues full-time studies in Iceland as attested by a certificate from the relevant
     educational institution
„Full-time studies‟ constitute 100% continuous courses of study at university level, studies in
a trade or other types of study for which the requirements regarding preparatory education are
similar to those regarding university-level education. Individual courses shall not be regarded
as constituting study.
Foreign exchange students may be granted temporary residence permits under the Act if they
come to Iceland through the agency of recognized student exchange organizations.
Temporary residence permits under the Act shall normally not be granted for more than six
months at a time. Residence permits under the Act may be extended during a study period if
the foreign national continues to meet the conditions of the Act and is able to demonstrate
satisfactory academic performance.
Academic performance shall be regarded as satisfactory if the foreign national has completed
at least 75% of full-time studies. For the first extension of a residence permit, academic
performance shall be regarded as satisfactory if the foreign national has completed at least
50% of full-time studies.
A permit granted under the Act may not constitute the basis for a permanent residence permit.
Research purposes
The same requirements as above apply for students.


   6. Describe your integration policy for third country nationals.
The integration policy for third country nationals does not differ from the Government‟s
general integration policy for immigrants. The aim of the Government for a policy on
immigrant issues is to ensure that all residents of Iceland enjoy equal opportunities and are
active participants in society in as many fields as possible. As an example, foreign nationals
who have lived continuously in Iceland for at least five years have the right to vote in
municipal elections and stand for election to municipal councils.
The policy on immigrant issues also states that knowledge of the Icelandic language is one of
the most important keys to Icelandic society and a fundamental criterion for people‟s full
participation and integration into Icelandic society. Therefore, it is important that those who
immigrate to Iceland, and who have a native language other than Icelandic, acquire fairly
good knowledge of Icelandic and learn about Icelandic culture and society. Various
organisations offer Icelandic language education for adults aimed at the needs of immigrants.
In most cases participants have to pay a fee to enrol in such education; however, in most
cases, employers defray the fee for their employees of foreign origin.
Although Icelandic language education is an important prerequisite for the integration of an
immigrant into society it is the role of schools, among other things, to assist children from
other cultural areas in becoming active participants in a new society. The goal of Icelandic
language education is to ensure that students whose native language is not Icelandic will be
able to understand and use the Icelandic language, will be able to study in Icelandic
elementary and secondary schools and actively participate in Icelandic society. Students in
preschools, elementary schools and secondary schools whose native language is not Icelandic
shall enjoy their right to education in Icelandic as a second language. The arrangement of

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education in Icelandic as a second language shall take account of the position of preschool,
elementary and secondary school students and the fact that their language, cultural experience
and knowledge differs from that of students who have been raised in Icelandic culture. The
Ministry of Education allocates annually budget appropriations for students in secondary
schools whose native language is not Icelandic. In the 2009 Government budget, ISK 256.1
million was assigned to the integration of immigrants and thereof ISK 128 million specifically
to Icelandic language courses.4
Dissemination and collection of information is a significant part of facilitating the integration
of immigrants and it is the policy of the authorities to ensure that immigrants receive thorough
information about Icelandic society and the rights and obligations of citizens and residents in
order to encourage their successful integration into Icelandic society. The collection of
information on immigrant issues is vital for the Government, both for policy formulation and
to assess the success of actions taken. The Multicultural Centre is a governmental project
which appertains to the Ministry of Social Affairs and Social Security. It has the fundamental
role of facilitating communication between individuals from different backgrounds, and to
enhance the services provided to foreign citizens residing in Iceland. The Multicultural Centre
provides an extensive number of services for foreigners. Among other services, the
Multicultural Centre offers assistance through phone in English, Serbian/Croatian and Thai.
The Intercultural Centre is a privately owned information centre for immigrants and it
provides services for immigrants within the Reykjavík Capital Area in cooperation with the
local municipalities. Trade unions and many municipalities offer special resources for
immigrants in order to facilitate their integration. In addition, an information booklet about
the first steps in Iceland is available in several languages for third country individuals
(English, Russian, Serbian, Thai and Vietnamese).
Emphasis is placed on active participation of immigrants in the Icelandic labour market.
Nationals from countries outside the EEA need to have a residence permit and work permit to
work in Iceland. It is government policy that employers shall be provided with comprehensive
information on the first steps immigrants shall take in the domestic labour market in order to
make it easier for both employers and immigrants to know and understand the rules applicable
on the Icelandic labour market, such as the role of the social partners, valid collective
agreements, communication practices in work places and access to Icelandic language
education.
Social services and health care is provided on an equal basis to everyone who is registered
legally in the country. There is an obligation to register with the National Registry if people
stay longer than six months within the country. Therefore, foreign nationals who have been
granted a permit to stay in Iceland must register their domicile in the National Registry. As
soon as they have registered their domicile they have a right to assistance from the social
services in the municipality where their domicile is. Many local authorities provide interpreter
services free of charge.
Under the Social Security Act No 100/2007, six months‟ domicile in Iceland confers the right
of medical insurance and three years‟ domicile confers the right to pension insurance,
providing other conditions are met. Therefore, nationals from countries outside the EEA
residing in Iceland must purchase medical insurance covering their first six months in Iceland.
According to the Act on Foreign Nationals‟ Right to Work employers are obliged to insure
foreign workers for the first six months they are living in Iceland. This should preclude the
possibility that foreign workers in Iceland will be uninsured during this six months‟ period.
The Foreigners Nationals‟ Right to Work Act requires medical insurance for the first six
4
    EUR 710,000 (EUR 1 = ISK 180, rounded average Central Bank of Iceland exchange rate 2 September 2009).

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months in Iceland as a condition for the first permit to stay. The medical insurance for
foreigners is not expensive; this costs ISK 50,000-70,000 per person for the whole period.5
Immigrants shall enjoy the same services as Icelanders. Immigrants have the legal right to a
free interpreter when seeking health care services if they have health insurance.


    7. Provide immigration statistics for 2007, 2008 and, if available, 2009, including a
       citizenship breakdown and reasons for immigration.
Annex 24:7 contains a breakdown of the statistics for 2007, 2008 and 2009 up until 31
August.


    8. Please give a brief overview of your legislation with regard to combating illegal
       immigration and trafficking in human beings, in particular whether you have
       signed and ratified the Palermo Treaty on Organized Crime and its two Protocols
       on smuggling and trafficking in human beings.
Illegal immigration
The Act on Foreigners No 96/2002 and the Regulation on Foreigners No 53/2003 apply to the
right of foreigners to enter Iceland and to their stay in Iceland and deal with matters such as
border control, visa applications, residence permits etc. According to the Act on Foreigners it
is punishable to contribute to illegal immigration and trafficking in human beings. Article 57
lays down the main penal provisions and states the following:
      “Fines or imprisonment for up to six months shall be ordered if a person:
      a. intentionally or negligently violates the provisions of this Act, or any rules,
      prohibition, order or condition laid down in accordance with this Act, or
      b. provides, intentionally or as a result of gross negligence, information for
      procedure under this Act that is in significant points incorrect or obviously
      misleading.
      Fines or imprisonment for up to two years shall be ordered if a person:
      a. intentionally or as a result of gross negligence makes use of the working ability
      of a foreigner who has not obtained a permit required by law, or
      b. intentionally or as a result of gross negligence acts as an intermediary for
      employment or housing for a foreigner or improperly exploits a foreigner's
      personal situation by publishing or disseminating any declarations,
      pronouncements or documents intended for procedure under this Act, or
      c. intentionally entices a foreigner to Iceland for the purpose of settling down in
      Iceland by giving rise to, strengthening or making use of a wrong or unclear idea,
      or in any other improper manner, or
      d. provides another person with a passport, a travel document for a refugee, any
      other travel document or any similar document that may be used as a travel
      document, which the person so doing knows or should know may be used by a
      foreigner for entering Iceland or some other country, or



5
    EUR 280-390 (EUR 1 = ISK 180, rounded average Central Bank of Iceland exchange rate 2 September 2009).

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      e. on purpose or through gross negligence assists a foreign national to reside
      illegally in Iceland or in another state, or
      f. on purpose or through gross negligence assists a foreign national to enter
      Iceland or another state illegally, or
      g. intentionally or through gross negligence obtains, or attempts to obtain, a
      temporary residence permit on the basis of marriage (cf. the third paragraph of
      Article 13), or
      h. is in possession of a forged passport, forged identification documents or a
      forged visa.
      Involvement in organized activities to assist foreign nationals to enter Iceland or
      another state illegally shall be punishable by fines or up to six years‟
      imprisonment, irrespective of whether or not the activities are carried out for
      profit.
      Fines or imprisonment for up to six years shall be ordered if a person, for
      purposes of financial gain, operates an organization for providing assistance to
      foreigners in entering Iceland or any other country illegally.
      If a foreigner is carried to Iceland without an adequate travel document, and the
      captain of the ship or aircraft has failed to ascertain that the foreigner is in
      possession of a valid travel document, cf. Article 4, the third paragraph, the
      captain of the craft may be fined.
      When an offence is committed in the course of the operations of a legal person,
      the legal person may be fined as provided for in Chapter II A of the General Penal
      Code.
      Attempted violation of the provisions of this Act is punishable and accomplices
      are criminally liable as provided for in Chapter III of the General Penal Code.”
Illegal stay in Iceland can lead to deportation and a re-entry ban according to Article 20 of the
Act on Foreigners, cf. Article 23 of the Schengen Convention. A re-entry ban results in
registration in the Schengen Information System according to Article 96 of the Schengen
Convention.
Trafficking in human beings
Article 68(2) of the Constitution states that no one shall be required to perform compulsory
labour. Furthermore Article 4 of the European Convention on Human Rights prohibits slavery
and forced labour. The Convention was incorporated into domestic law with Act No 62/1994
making its provisions thus directly applicable in Iceland (hereinafter referred to as the
ECHR).
According to Article 227 a of the General Penal Code No 19/1940 trafficking in human
beings is punishable with up to eight years in prison. The Article reads as follows
      “Anyone becoming guilty of the following acts for the purpose of sexually using a
      person or for forced labour or to remove his/her organs shall be punished for
      human trafficking with up to 8 years imprisonment:
      1. Procuring, removing, housing or accepting someone who has been subjected to
      unlawful force under Article 225 or deprived of freedom as per Article 226 or
      threat as per Article 233 or to unlawful deception by awakening, strengthening or


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      utilizing the lack of understanding of the person concerned about circumstances or
      to some other inappropriate method.
      2. Procuring, removing, housing or accepting an individual younger than 18 years
      of age or rendering payment or other gain in order to acquire the approval of those
      having the care of a child.
      The same penalty shall be applied to a person accepting payment or other gain
      according to clause 2, Para. 1.
The first indictment has now been issued against persons charged with having violated this
Article, and a criminal case is now pending before the District Court of Reykjavik.
Purchase of sexual services is illegal according to Article 206 of the General Penal Code, as
amended by Article 2 of Act No 54/2009. The General Penal Code makes it possible to
punish for the attempt to violate any of its provisions, cf. Article 20, and punishment of
accomplices and accessories to a crime is established in Article 21.
According to Article 23 of the Foreign Nationals‟ Right to Work Act No 97/2002 it is
necessary to apply for work permits for women coming from non-EEA countries who intend
to work as strip-tease dancers in clubs. The provision was incorporated into Icelandic legal
order in the year 2000 but until that time these dancers were defined as artists and did not
require special work permits if they stayed in Iceland shorter than four weeks. This
amendment was considered important to combat trafficking in human beings since a study
commissioned by the Minister of Justice (now Minister of Justice and Human Rights)
confirmed a link between strip clubs operated in Reykjavik and prostitution. The provision is
however limited in application to women from non-EEA countries.
The Palermo Convention and its two protocols
The Palermo Convention on Organized Crime and its two protocols on smuggling of migrants
and trafficking in human beings were signed on Iceland‟s behalf on the 13 December 2000.
However they have not yet been ratified.
An Action Plan against trafficking in human beings was adopted in spring 2009 and is
intended to run until the end of year 2012. The intention is to initiate necessary legislative
amendments, so that the United Nations 2000 Convention against Transnational Organized
Crime and its Protocol on Human Trafficking, the Council of Europe 2005 Convention on
Action against Human Trafficking, and the Council of Europe 2007 Convention on the
Protection of Children against Sexual Exploitation and Sexual Abuse may be ratified, and
action taken to implement these conventions.
Work on ratification of the Palermo Convention and its Protocol on trafficking in human
beings is in progress. In the fall of 2007 the Minister of Justice put forward a bill to Althingi
(the Parliament of Iceland). The bill proposed among other things amendments to Article 227
a of the General Penal Code where the definition of trafficking in human beings is adapted to
the wording of Article 4 of the Council of Europe Convention against Trafficking in Human
Beings and Article 3 of the Palermo Protocol on trafficking in human beings. The bill
proposed other amendments to the General Penal Code aiming at conformity between
Icelandic law and the Palermo Convention. The bill was expected to be approved as law in the
fall of 2008 or no later than by the end of that year. Heavy workload of Althingi, due to the
financial crisis, lead to the fact that Althingi has not, as of yet, been able to pass the bill as
law. The bill is expected to be put forth again in late 2009 and can be expected to be accepted
as law by the end of 2009. Following the passing of the bill the Palermo Convention and its
Protocol on trafficking in human beings can be ratified. Furthermore, an amendment Act to

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the Act on Foreigners is in preparation by the Ministry of Justice and Human Rights which
will enact Articles 13 and 14 of the Council of Europe Convention on Action against
Trafficking in Human Beings.
Assistance to and protection of victims of trafficking
Chapter V of the Code on Criminal Procedure (CCP) No 88/2008 contains special provisions
regarding victims of a criminal offence and their right to a legal adviser.
According to Article 40 of the CCP the police are obliged to give victims guidance regarding
their rights under the law, and also to inform the victim if an indictment is issued or if the
investigation is discontinued.
A victim has the right to have a legal adviser in the case of a sexual offence and if he or she so
wishes. The police are also obliged to appoint a legal adviser for the victim if the offence
involves violence or a violation of personal freedom, if the victim has suffered substantial
physical injury or disturbance to his or her mental health due to the offence and has, in the
opinion of the police, a special need for such an adviser. The police are always obliged to
appoint a legal adviser for the victims under the age of 18 when the investigation begins, cf.
Article 41. Victims of trafficking therefore enjoy the right to have a legal adviser appointed to
them to assist them not only when the case in question is investigated but also when the case
goes to the court system.
The role of the legal adviser is to defend the victim‟s interests in connection with the
investigation and give him or her assistance, including the presentation of private law claims,
cf. Article 45. The legal adviser is entitled to be present when statements are taken from the
victim at all stages of the investigation of the case, and also has the right to attend all court
hearings in the case, and to make statements, up to a certain point, in court, cf. Article 46. He
or she also has the right to access evidence in the case, cf. Article 47. The adviser‟s fees are
paid by the State Treasury, cf. Article 48. The victim also has the right to engage a lawyer at
his or her own expense to defend his or her interests in the case and act as a spokesperson.
Such a spokesperson has in general the same rights and obligations, according to the
circumstances, as a legal adviser, cf. Article 43.
Other provisions of the CCP aim at the protection of witnesses in a criminal case and can be
applied in case of trafficking in human beings. A judge may order an exception from the
general rule of Icelandic law that court sessions are to be public and decide to hold a hearing
in camera, either at his/her own discretion or at the request of the victim, the prosecutor or the
defendant, cf. Article 10(1). In such a case, the defendant does not have the right to be present
in court or other venue of the trial while statements are taken from the victim or witnesses, if
the judge considers that his or her presence may cause the person concerned particular
embarrassment or difficulty or influence his or her testimony. Furthermore, what transpires in
an in camera session may not be divulged without the permission of the judge, and the judge
may forbid public reporting of other cases if statements of materials could cause the victim
substantial suffering and discomfort, cf. Article 11(2). Finally, in transcripts from the court
records, anything that ought to be kept secret with regard to the interests of private individuals
must be deleted.
In order to provide better protection for witnesses, a provision has been enacted in the General
Penal Code which makes punishable specific offences that can be traced to the fact that a
witness has given testimony, cf. Article 108. The offences covered by the provision include
bodily assault, coercion under Article 225 of the General Penal Code and threats under Article
233 of the General Penal Code, but the maximum sentences provided for are somewhat higher
than normally applies to most of these offences. This provision applies not only when the

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offence is directed at the witness himself or herself, but also at his or her relatives or others
who have a connection with the witness. The aim is to prevent pressure being applied to
witnesses or their having to suffer retribution because of evidence they give.
Finally it can be mentioned that according to Article 1(1) of the Act on Compensation to
Crime Victims the State Treasury pays compensation for damages caused by a violation of
provisions of the General Penal Code, if the violation has been committed within the
Icelandic state. See as well the answer to question 49 of this chapter.


   9. Specify the authorities and agencies involved in combating transit migration,
      human smuggling and trafficking in human beings. Describe their working
      methods and national co-ordination structures.
The police, the Directorate of Immigration and the Ministry of Justice and Human Rights are
the key authorities with responsibilities in this field.
As of 1 October 2009 the overall internal responsibility for trafficking in human beings falls
within the Ministry of Justice and Human Rights. This includes legislative activities. Other
Ministries are the Prime Minister‟s Office, Ministry of Social Affairs and Social Security, the
Ministry of Health and the Ministry for Foreign Affairs. The law enforcement authorities,
border control and the Directorate of Immigration also have responsibilities in this field.
Until recent years Iceland was mainly seen as a transit country regarding the issue of
trafficking in human beings and the border control in Iceland is considered to be very
efficient. There have been cases exposed where individuals or groups of people and their
escorts have attempted to transit through Keflavík Airport to the United States using forged
travel documents. Suspicions arose that the people in question were victims of human
trafficking and that they would be subjected to forced labour. None of these cases have
however led to prosecution for trafficking in human beings. The general rule is that these
persons are convicted by a court for forgery pursuant to Article 155 of the General Penal
Code.
The law enforcement authorities are responsible for the investigation and the prosecution of a
crime. A National Security Unit was set up in the National Commissioner‟s Office, the
functions of which are to investigate treason and offences against the constitutional structure
of the state and its senior authorities and to assess the risk posed by terrorist activities and
organised crime, including trafficking in human beings. A police officer in the unit is
responsible for dealing with cases involving trafficking in human beings.
The Directorate of Immigration operates according to the Act on Foreigners No 96/2002 and
Regulation on Foreigners No 53/2003. The Act on Foreigners governs the rights of foreigners
to enter Iceland and to reside in Iceland. The most extensive objective of the Directorate is
issuing residence permits. The Directorate handles all applications for residence permits as
well as other matters concerning foreigners and it cooperates on many levels with other
organizations. An amendment Act to the Act on Foreigners is in preparation by the Ministry
of Justice and Human Rights which will enact Articles 13 and 14 of the Council of Europe
Convention on Action against Trafficking in Human Beings. The Act will institute a special
category of residence permits for the victims of human trafficking during a reflection period,
in cases where it is considered necessary for personal reasons or in cases where it is
considered necessary because of the victims‟ cooperation with the authorities during the
investigation and criminal procedures. The issuing of such residence permits will be in the
hands of the Directorate of Immigration.


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An Action Plan against trafficking in human beings was adopted in spring 2009 and is
intended to run until the end of year 2012. The objective of the Action Plan is to enhance the
coordination of actions that are necessary in order to prevent human trafficking in Iceland,
and to further study trafficking in human beings. Furthermore, it specifies actions that are
aimed at prevention and education regarding this matter and ensuring that aid and protection
to victims is provided. There is also an emphasis placed on actions that aim at facilitating the
prosecution of the perpetrators.6
The Action Plan is the first step in developing the national coordination structures in this field
but formal structures as such have not yet been established. There has, however, been
sporadic and informal cooperation between law enforcement agencies, other relevant
governmental bodies and NGOs on the issue of human trafficking for a number of years.
Action 2 of the Action Plan provides for the establishment of a specialist and coordination
team of relevant government ministries, agencies and non-governmental organisations with an
overview of human trafficking issues in Iceland. According to the Action Plan the team‟s role
is to follow up on signs of human trafficking, identify possible victims according to
recognised checklists issued by the team, grant the victims a recognised position as such,
ensure protection and assistance for them, collect information and carry out educational
activities with respect to the issues of human trafficking; furthermore, to advise the
Government authorities in this field and supervise the implementation of the Action Plan.
The Ministry of Social Affairs and Social Security which before 1 October 2009 was
responsible for the issues related to trafficking in human beings, has asked the relevant parties
to nominate their representatives to the team but it has not been formally established.
For further information on the matter see Question 24:8 as well as Questions 24:89, 91, 92,
93, 94, 95 and 96.


    10. Please describe the international cooperation in place in this field (regional fora,
        bilateral agreements, cooperation with EU).
 The Ministry of Justice and Human Rights as well as the Directorate of Immigration
participate in extensive Nordic cooperation with regular meetings (at least twice a year) on
both levels, and participation in working groups.
The Ministry of Justice and Human Rights also participates in Nordic-Baltic cooperation
which is a regional cooperation format that includes Sweden, Finland, Norway, Iceland,
Denmark, Estonia, Latvia, and Lithuania. It is a flexible cooperation network for promoting
political dialogue as well as practical cooperation.


    11. Please provide information on methods of data collection on third country
        nationals refused entry and of apprehension of third country nationals found to
        be illegally present on national territory. (In answering this question it is
        recommended to use the information to be submitted to EUROSTAT for the joint
        annual questionnaire on migration).
There is no specific method in place. Once a year the Ministry of Justice and Human Rights
sends a request for the gathering of this information to the relevant authorities: the
Commissioner of the Icelandic National Police, the Director of Immigration, and police

6
    The full text of the Action Plan in english can be found at the following webpage: http://eng.felagsmalaraduneyti.is
    /media/acrobat-enskar_sidur/The_Icelandic_Action_Plan_against_Trafficking_in_Human_Beings.pdf

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authorities at the external border crossing points in Iceland. These authorities then submit the
information to the Ministry which puts them into the EUROSTAT format and sends them to
EUROSTAT.
In addition to this, the Directorate of Immigration collects information and submits it monthly
to the CIREFI working party within the European Council.


   12. Specify your return policy, including:
a) Number of return decisions and carried out removals and destination of returns in
2007, 2008, and if available in 2009.
According to statistics for the year 2007, no third-country nationals were apprehended for
being in Iceland illegally.
According to statistics for the year 2008, three third-country nationals were apprehended for
being in Iceland illegally, all of whom have left the country, but only one was removed. They
were from Serbia, Senegal and Chile.
   a. The Chilean citizen was already in Iceland on the basis of a valid residence permit.
      When he applied for a different type of permit after the other had expired he was
      denied but did not leave the country immediately
   b. The Senegalese citizen came to Iceland without a permit. He claimed to have a valid
      permit for work and residence in Italy (of which he failed to provide proof). He
      arrived in Iceland via a flight from Italy and began working and residing illegally in
      the country. He was then notified of the illegality of his actions and that he was
      illegally present in the country
   c. The Serbian citizen came to Iceland without having a valid permit. He came by ship.
      The latest border stamp in his passport was German
   d. The Chilean and Serbian citizens left on their own accord before they were removed
      by police. The Senegalese citizen was effectively removed from the country a month
      after the decision on deportation was made. He was escorted by police to Italy, via a
      flight, and handed over to the Italian authorities
Statistics are unavailable for the year 2009, but numbers for apprehended third-country
nationals found to be illegally present in Iceland seem to be on the rise.
The main reason for people being removed from Iceland after being illegally present in the
country is that they have been denied residence permits after already having them. Other cases
include deportations and effective removals of prisoners who have served their sentences and
denied asylum seekers.




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Statistics for return decisions are shown below:


                                 2008
     Return                Return decisions        Carried out removals
   destination
Albania                            1                        1
Algeria                            1
Angola                             1                        1
Brazil                             3                        1
Britain                            1                        1
Chile                              1                        1
China                              4                        2
Ethiopia                           1                        1
Gambia                             1                        1
Georgia                            2                        2
Germany                            2                        1
India                              1                        1
Iran                               1                        1
Latvia                             2                        1
Lithuania                          8                        8
Netherlands                        5                        6
Nigeria                            1                        1
Pakistan                           1
Palestine                          1                        1
Philippines                        2                        2
Poland                             2                        2
Portugal                           1
Romania                            6                        6
Sri Lanka                          2                        1
Sierra Leone                       2                        1
Senegal                            1                        1
Serbia                             1
Stateless                          2                        1
                                  57                       44


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                                   1 January - 31 August 2009
 Return destination                Return decisions               Carried out removals
 From 1 January – 31 August, 31 return decisions have been taken. 18 have been carried out.

 Andorra                                                          1
 Albania                                                          1
 Belgium                                                          1
 China                                                            1
 Germany                                                          1
 Iraq                                                             1
 Liberia                                                          1
 Lithuania                                                        4
 Moldova                                                          1
 Nigeria                                                          1
 Philippines                                                      1
 Poland                                                           1
 Portugal                                                         1
 Serbia                                                           1
 Stateless                                                        1
 Total                                                            18


 b) Readmission agreements (and other working arrangement facilitating return) in
 place and planned, as well as ongoing negotiations in this respect.
 As an associated country to the Schengen cooperation, all readmission agreements which
 Iceland has concluded are the same as those of the EU Member States. No other readmission
 agreements are in place in Iceland. For further information see Question 24:10.
 c) Authorities competent to deal with readmission applications
 The Ministry of Justice and Human Rights is the competent authority..


II. ASYLUM
    13. Please provide information on legislation or other rules governing your asylum
        policy.
 The Icelandic asylum policy and procedure is governed by the Act on Foreigners No 96/2002
 and the Regulation on Foreigners No 53/2003. Article 44 of the Act on Foreigners refers to
 the definition of refugee in the 1951 Refugee Convention and the 1967 Protocol relating to
 the Status of Refugees. Iceland has been a party to the Convention from 1956.

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For the determination of refugee status the key rules are found in the Handbook on
Procedures and Criteria for Determining Refugee Status (issued by the Office of the United
Nations High Commissioner for Refugees, Geneva January 1992) and the UNHCR
Guidelines on International Protection. Procedural safeguards are described in the Act on
Foreigners but as a decision on determination of a refugee status is an administrative decision,
the Administrative Procedures Act No 37/1993 also contains some of the fundamental
safeguards.
In addition Iceland is a party to a number of international human rights conventions that
contain rules that may affect the decision on refugee status, such as the ECHR, the United
Nations Convention Against Torture, the United Nations Convention on the Rights of the
Child and others.
Through Iceland‟s membership in the Schengen Agreement and the Dublin cooperation it has
adopted Council Regulation (EC) No 343/2003 establishing the criteria and mechanisms for
determining the Member State responsible for examining an asylum application lodged in one
of the Member States by a third country national and Commission Regulation (EC) No
1560/2003 laying down rules for the application of Council Regulation (EC) No 343/2003.
The Act on Foreigners contains references to the use of these regulations in Article 46. The
Regulation on Foreigners contains provisions concerning the use of Eurodac in Article 68.
The use and establishment of Eurodac is governed by Council Regulation (EC) No
2725/2000.


   14. Describe your asylum procedure at first and second instances:
a) normal and accelerated (if any) procedures; A normal procedure involves a first
statement given to the police, a personal declaration written by the applicant and an interview
with a case worker at the Directorate of Immigration. Special investigative measures are used
in normal procedures such as age determination, language analysis and background checks. If
an application is considered to be manifestly unfounded after the first statement given to the
police then a decision may be made in the case after the applicant has been given a short time
to submit objections or comments.
b) number and types of appeals: In 2007: 13 appeals, in 2008: 28, in 2009 as of 14
September: 18 appeals had been received. All appeals are administrative.
c) which bodies are competent and how are they composed; The Directorate of
Immigration makes decisions at first instance in accordance with the Act on Foreigners. The
Directorate is an institution under the auspices of the Ministry of Justice and Human Rights.
The decisions of the Directorate can be appealed to the Ministry of Justice and Human Rights
in accordance with the Act on Foreigners and the Administrative Procedures Act No 37/1993.

d) assessment of the average duration of the procedures; In the past, procedures with the
Directorate have taken in some cases up to two years. However in recent years, great efforts
have been put in to decrease the time of procedure. In Dublin cases and accelerated cases the
duration of procedures with the Directorate can be from a few of weeks up to 4 months. In
cases that are processed on material grounds the duration can be from 6 to 12 months with the
Directorate. An average duration is 6 to 9 months.
e) identification of services involved and number of staff dedicated to asylum
procedures; Local police authorities: Local police authorities are responsible for the first part
of processing applications for asylum. An applicant submits himself/herself to the local police
that takes a statement from the applicant and investigates his/her identity, travel route, collects

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fingerprints and other data for the procedure. After the police have finished their
investigation, the information, statements and reports are sent to the Directorate of
Immigration. Because of the low numbers of asylum seekers in Iceland the local police
authorities assign a police officer to each case from divisions with experience in dealing with
matters related to foreigners.
The Directorate of Immigration: The Directorate is an administrative institution and makes
decisions in asylum cases at first instance. The asylum department has two members of staff,
the head of department and one case worker.
The Ministry of Justice and Human Rights: The Ministry acts as the appeal body. Now there
are two case workers besides the director of the relevant office.
The International Department of the National Commissioner of the Icelandic Police: The
international department handles cases where an applicant is refused refugee status, other
protection, humanitarian permission or is denied material process on grounds of the Dublin
regulation and is obliged to leave the country. The department makes all arrangement and
escorts the applicant from Iceland and outside the Schengen area if necessary. The department
also runs the Eurodac data base and handles fingerprint comparison and requests information
from other international law enforcement agencies, if necessary. The department has 11 staff
members and is partially dedicated to the asylum procedure.
f) methodology for country of origin information. The Directorate of Immigration does not
issue any country of origin information. The Directorate makes use of available material from
other sources such as UNHCR, NGOs and other countries in Europe, Canada and the US. The
Directorate has access to the data base of Norwegian immigration authorities.


   15. Do you apply the following concepts (if yes, how?):
a) safe third country; Under Item C para. 1 of Article 46 of the Act on Foreigners a refugee
is not entitled to asylum if: he/she has arrived in Iceland on his/her own initiative after having
been afforded protection in another country, or after having stayed in a country or territory
where he/she was not subject to persecution and did not have to fear being returned to his/her
home country. Cases that could apply this concept (not counting cases falling under the
Dublin regulations) are very rare in Iceland and each case is considered on its own merits.
b) safe country of origin; As Iceland has a very low number of asylum seekers there are no
official lists of safe countries of origin and each case is considered on its own merits.
However applications from member states of the EU or EEA member states are put through
an accelerated process.
c) manifestly unfounded claims. A manifestly unfounded claim for asylum such as
applications for economical reasons undergo an accelerated process.


   16. Describe the procedural guarantees for asylum applicants:
a) information, interview, right to counsel and representation, interpret-
ation/translation; The Administrative Procedures Act lays down fundamental procedural
guarantees for all administrative decisions such as prompt handling (Article 8), rule of
investigation (Article 9), principle of equality (Article 11), principle of proportionality
(Article 12), right to be heard (Article 13) and right to information (Article 15). Furthermore,
there are more detailed provisions to be found in the Act on Foreigners and in the Regulation
on Foreigners. Under Article 24 an applicant has the right to be heard and the authorities shall

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see to it that the applicant can do so in a language that he can express himself in. An applicant
has the right to get legal counsel at first instance at his/her own expense. If a material decision
is appealed by an applicant then he/she can have a spokesman appointed to him/her under
Article 34(2) of the Act on Foreigners. Interviews are conducted with the aid of interpreters
and applicants can submit written remarks to the Directorate of Immigration in their own
language. Chapter XIII of the Regulation on Foreigners contains more detailed rules on the
procedure for asylum applications.
b) independence of review and appeal procedures; The Ministry of Justice and Human
Rights is the appeal authority and the Ministry reviews independently all cases appealed to it.
In addition to the two administrative levels, everyone is entitled to a court procedure and
appeal.
c) measures for unaccompanied minors. Under the provisions of Article 19 of the
Regulation on Foreigners the Directorate of Immigration has issued working rules regarding
unaccompanied minors claiming asylum. The rules promote close cooperation with child
welfare services and an accelerated procedure. Special efforts are to be made to locate the
parents of the minor.


   17. What concept of protection do you apply?
a) How do you apply the 5 grounds in Article 1A and the exclusion clauses of Article 1F
of the 1951 Convention? Under Article 44 of the Act on Foreigners there is a direct reference
to Article 1A and Article 1F of the 1951 Convention. The Articles are applied using the
UNHCR Handbook and UNHCR guidelines on protection.
b) Are non-state agents of persecution included in your understanding of the refugee
definition of Article 1A GC? Non-state agents of persecution are included in Iceland‟s
understanding of the refugee definition of Article 1A GC.
c) Do you have in place subsidiary protection(s)? Article 45 of the Act on Foreigners,
entitled “Other Protection”, lays down the provisions for such protection. If an applicant falls
under the provisions he/she is issued a humanitarian permit on the basis of Article 12 f of the
Act on Foreigners.


   18. Have you identified the services competent for the application of provisions for
       determining the State responsible for the examination of an asylum application
       and for recording and processing the fingerprints of asylum seekers in this
       connection (with a view to possible future implementation of the Dublin II and
       Eurodac-regulations)?
With reference to the answer above Iceland has already implemented these regulations.
Examination of asylum applications falls under the Directorate of Immigration and recording
and processing of fingerprints falls under a special division of the police authorities.


   19. Describe your registration and identification (including IT) systems for asylum
       applicants.
Asylum applications are registered in the Directorate of Immigration database (named
ERLENDUR). The system holds personal information about the asylum seekers and also
about the process of cases. The system also contains information about all other third country
nationals applying for residence permits and other applications or decisions falling under the

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work of the Directorate. An individual claiming asylum is issued a simple ID-card through the
Directorate‟s database that confirms that the holder is an asylum seeker. Pictures of asylum
seekers are stored in the Directorate‟s database but fingerprints are kept with the police.


   20. Describe your system of reception conditions for asylum applicants.
Applicants who cannot provide for themselves during their stay in Iceland are offered support
and housing through the Directorate of Immigration. The Directorate has a contract with the
social and welfare services of Reykjanesbær (local community) and social workers there run a
reception centre. The centre is run in a Hostel and is an open resort. The applicants are
provided with a room and food. The applicants have access to general health services,
psychological care, a local health centre and other services such as internet and library. In
cases of families applying for asylum they are supplied with apartments outside the hostel.
Special care is given to the needs of children and they are given the opportunity to go to
school up to 18 years of age.


   21. Describe the framework for cooperation with UNHCR and NGOs.
Under paragraph 3 of Article 50 of the Act on Foreigners it is allowed to present UNHCR
with information about cases being processed. It is also allowed to present information to
NGOs in connection with the gathering of information if it is necessary. In Iceland the
UNHCR is represented by the Icelandic Red Cross and there is close cooperation is between
the Red Cross and the Directorate of Immigration. The Red Cross has access to asylum
seekers and is given the opportunity to assist them with the process of their cases.


   22. Describe your integration policy for refugees.
The Ministry of Social Affairs and Social Security has the principal responsibility for the
reception and integration of the quota refugees, which is carried out on the one hand by the
local municipality and on the other hand by the Red Cross, according to contracts between the
Ministry and the respective actors. The municipalities as well as the Red Cross assign project
managers to monitor the programme at every level. The programme during the first year is
financed entirely by government funds since the support programme for each family or
individual is planned for one year. The quota refugees are expected to participate fully in the
programme. During this year the family is provided with housing, support families, financial
assistance, counselling, language courses and introductory courses about Iceland and
Icelandic society. After the first year the quota refugees have the same right as other residents
in the municipality to social assistance, such as financial assistance if necessary, social
counselling and housing assistance.
The local authority provides the families with housing and financial support and makes sure
that language courses are offered to the adults, that children are provided with Icelandic
language courses and special support in school if necessary. The municipality also offers
counselling and psychological treatment if needed. A particular effort is made to engage all
the children in gainful activities outside the school curriculum such as summer projects run by
the local authorities. Adults are encouraged to seek education and are often provided with
special financial assistance to enable them to so. Social workers with special training in
multicultural social work assist the individuals with their different needs.



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The Icelandic Red Cross provides support and assistance to resettlement quota refugees
during the programme. The local Red Cross provides basic furnishings and other household
appliances that become the property of the quota refugees and is also in charge of support
families which are assigned to each refugee family. Preferably each family has 2 to 4 support
families. The support families scheme is based on the initiative of individual citizens who
volunteer with the Icelandic Red Cross to assist quota refugees to integrate in their respective
local communities. Support families undergo special training before being formally assigned
to a refugee, including a psychological aid course and a full briefing on the refugee‟s cultural
background. During the programme, support families meet with the Red Cross project
manager on a regular basis. The Red Cross makes a special effort to provide psychosocial
support for its volunteers and offers a package of group sessions and private interviews.
The Red Cross also offers courses in first aid and psychological support to quota refugees.
Three individual interviews are also offered to refugees by Red Cross psychologists during
their first 18 months in Iceland.
To ensure the cooperation of the different actors there are two working groups. The
coordinating group at the central level represents members from the Ministry of Social
Affairs, the director of the local social services and representatives from the Icelandic Red
Cross and the local Red Cross. Members of the steering group at the local level represent the
project managers from the Red Cross and the local authority.
Upon arrival, quota refugees are provided with an apartment for one year. If they wish to keep
on living in the apartments they are in general able to do so. Refugees are provided with
furniture, a television, radio, vacuum-cleaner, refrigerator and washing machine, as well as
clothing if necessary. In addition, they are provided with allowances for their living expenses,
rent included, according to a standard fixed by the Social Services of the receiving
municipality.
All quota refugees receive a medical check-up upon arrival in Iceland, medical and dental
care is provided as necessary, free of charge, as well as eye-examinations, during the first
months of residence in Iceland. Refugees have the same access to health services as Icelandic
citizens and are charged in the same way.
Cultural orientation on Iceland is provided within the framework of language training. When
the receiving community is relatively small, information sessions on the background of
resettled refugees are provided to the public at the beginning of the programme. This
contributes to the development of a good understanding between the refugees and the local
community.
Language training is provided during the first year of residence, five days per week. An effort
is made to hire language teachers that master the language of the quota refugees, otherwise
the teachers and the refugees receive interpretation assistance, if needed. All quota refugees
are expected to attend classes of Icelandic language for the initial nine months.
The project manager in the local authority is responsible for liaising with potential employers
and arranging job interviews for the quota refugee in cooperation with the Directorate of
Labour. It is, however, important that the refugees participate completely in the educational
programme provided, especially the language courses which are in fact obligatory. Therefore
quota refugees are not expected to become employed during the first six months of the
programme as they are expected to engage themselves in the language training and learning
about the Icelandic society.
Psychological assistance, language instruction and cultural orientation are provided to quota
refugees throughout the integration process. At the end of the one-year support programme,

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refugees are expected to become self-sufficient and are entitled to the same level of social
assistance as other Icelandic residents.
For further information on the integration of refugees, inter alia other than quota refugees,
refer to Question I:90.


   23. Describe the system put in place to collect data and statistics on asylum and
       refugee movements in your country and provide the following data (reference
       period: 2004-2009): number of asylum seekers, number of refugee and other
       protection status recognised, main citizenships/origins of asylum seekers, for each
       year. (In answering this question it is recommended to use the information to be
       submitted to EUROSTAT for the joint annual questionnaire on migration).
All data and statistics are collected by the Directorate of Immigration within the data base of
the Directorate. Asylum statistics are supplied in the table below as EUROSTAT data for this
period is incomplete.


   Year        Number of  Refugee            Other                   Main citizenships
                asylum     status          protection
                seekers  recognised
   2004            76            0             0        Nigeria (7), Bulgaria (7), Sri Lanka (6),
                                                        Serbia (6), Iraq (6)
   2005            87            0             2        Romania (22), Russia (10), Afghanistan
                                                        (5), Bulgaria (5), Moldavia (5)
   2006            39            0             0        Romania (9), Belarus (6), Russia (4),
                                                        Iran (2), Israel (2)
   2007            42            1             7        Albania (5), Russia (5), Syria (5),
                                                        Belarus (3), Lebanon (2)
   2008            73            3             4        Kosovo (9), Afghanistan (5),
                                                        Nigeria (5), Sri Lanka (5), Iraq (4)
2009 (end          23            0             0        Iran (5), Albania (3), Eritrea (2),
of August)                                              Iraq (2)




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III. VISA POLICY
     24. Please provide information on legislation or other rules and administrative
         practices governing your long-stay visa policy.
  Long-stay visa policy is governed by the Act on Foreigners No 96/2002 and the Regulation
  on Foreigners No 53/2003 and furthermore by the Administrative Procedures Act No
  37/1993.


     25. Do diplomatic representations abroad issue systematically long-stay visas (D
         visas), „D+C“ visas, and/or residence permits? To which categories of persons
         and for which purposes? Please provide statistical data.
  Diplomatic representations only issue D visas on behalf of Iceland upon request from the
  Directorate of Immigration. Requests for D visas are sent to the representations when an
  application for a residence permit has been processed by the Directorate and the applicant
  granted a provisional residence permit.
  Statistical data on issued long-stay visas is not available. The data cannot be collected for
  technical reasons.


     26. What criteria and conditions are used as a basis for issuing the long-stay visas?
         What is the usual and maximum length of stay allowed by such a visa? What is
         the usual and maximum length of validity of such a visa? Do you issue long-term
         visas allowing stays shorter than three months and if yes for what purpose?
  D visas are only issued for the purpose of the applicant travelling to Iceland and finalizing the
  conditions for a residence permit being issued, i.e. registering a domicile, submitting an
  Icelandic health certificate (if required) and presenting himself/herself for photographing and
  signature for the residence permit card. The D visas normally have a validity of 60 days.


     27. Do the existing visas allow applicants to work in your country without a
         residence permit or working licence?
  As D visas are only issued to applicants having been granted a provisional work and/or
  residence permit, the visa holder having been granted a work permit may work during the
  interim period from arrival until a residence permit is issued.


     28. When issuing long-term visas, do you carry out security checks on national
         databases and on the Schengen information system (SIS)?
  When applications for residence permits are being processed, an automatic SIS check is
  performed. All applicants for residence permits are required to submit a Criminal Record
  Check. The certificate must be issued by the country/countries where the applicant has resided
  for the past five years.




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     29. Do you have any agreements with third countries to issue visas on your behalf?
         In this case, how is the assessment of each request ensured.
  With respect to long-term visas all assessment is done by the Directorate of Immigration.
  Applications for residence permits must be submitted to the Directorate directly.
  The Directorate has representation agreements with Schengen States in third countries for
  accepting applications and handling C-visas and in some cases issuing D visas upon request
  from the Directorate. At this time there is only one Icelandic diplomatic mission accepting
  visa applications.



IV. JUDICAL CO-OPERATION IN CIVIL MATTERS
     30. Please provide information on legislation or other rules governing this area, and
         their adhesion to relevant international conventions.
  Iceland is a party to three conventions on judicial cooperation; the Hague Convention of 1
  March 1954 on civil procedure, the Hague Convention of 15 November 1965 on the Service
  Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters and the
  Hague Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or
  Commercial Matters. When these conventions were ratified some changes were made in the
  Act on Civil Procedure No 91/1991, where it is stated that judicial cooperation shall be in
  harmony with International Conventions that Iceland has ratified.
  Iceland has also ratified the Hague Convention of 29 May 1993 on Protection of Children and
  Co-operation in Respect of Intercountry Adoption. Article 28 of the Adoption Act No
  130/1999 states that the Minister of Justice and Human Rights oversees the implementation of
  the Convention. The Minister assumes on behalf of the Icelandic State the tasks and
  obligations which rest with the so-called Central Authority according to the Convention. The
  Icelandic adoption legislation was reviewed when Iceland became a party to the Adoption
  Convention and necessary changes were made to guarantee that Icelandic legislation was in
  harmony with the Convention.
  Iceland has also ratified the Hague Convention of 25 October 1980 on the Civil Aspects of
  International Child Abduction and the European Convention of 20 May 1980 on Recognition
  and Enforcement of Decisions concerning Custody of Children and on Restoration of Custody
  of Children. Under Act No 160/1995 necessary legislative amendments were made to ratify
  those conventions.


     31. How are foreign judicial decisions in civil and commercial matters recognised
         and enforced?
  Foreign judgments involving the law of real property and chattels are generally not
  recognized in Iceland in the absence of statutory authority. On the other hand, foreign
  judgments are generally recognized in Iceland, and this involves a non-statutory main rule.
  In the Act on Enforcement No 90/1989 it is stated that foreign judgments and other judicial
  decisions are recognised and enforced in Iceland if it has made such an obligation under
  public international law, given that the recognition and enforcement is in accordance with
  Icelandic law cf. Article 1(1)(11). Accordingly foreign judicial decisions in civil and
  commercial matters are recognised and enforced.


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Iceland has ratified the Lugano Convention on Jurisdiction and the Enforcement of Judgments
in Civil and Commercial Matters of 16 September 1988 and its three protocols. The
convention was incorporated into Icelandic law by Act No 68/1995.
Iceland has also signed the new Lugano Convention on Jurisdiction and the Recognition and
Enforcement of Judgments in Civil and Commercial Matters of 30 October 2007.
Iceland has also adopted numerous agreements with the other Nordic countries, Denmark,
Finland, Norway and Sweden, on mutual recognition and enforcement of judicial decisions:
Act on mutual recognition of judicial decisions and enforcement No 30/1932.
    Act on mutual recognition of judicial decisions on marriage, adoption and legal
     competence No 29/1931 (An Act authorizing the Government to let international
     provisions on civil law in an agreement between Iceland, Denmark, Finland, Norway
     and Sweden on marriage, adoption and legal competence enter into force.)
    Act on mutual recognition of judicial decisions on insolvency No 21/1934. (An Act
     authorizing the Government to let the provisions in an agreement between Iceland,
     Denmark, Finland, Norway and Sweden on bankruptcy enter into force.)
    Act authorizing the Government to implement the provisions in an agreement between
     Iceland, Denmark, Finland, Norway and Sweden on inheritance and distribution of
     decedents‟ estates No 108/1935
    Act on mutual recognition of judicial decisions on child maintenance No 93/1962. (An
     act authorizing the Government to let the provisions in an agreement between Iceland,
     Denmark, Finland, Norway and Sweden on the collection of child maintenance enter
     into force.)
    Act on the recognition and enforcement of foreign decisions on child custody,
     surrender of abducted children, etc. No 160/1995


   32. Are there special, simplified procedures available in your country for claiming
       and recovering non-contested and small claims?
There are no simplified procedures for non-contested and small claims. But there is a simpler
procedure for claims based on bonds, cheques and bills of exchange.


   33. How are foreign decisions in family law matters (i.e., legal separation, divorce,
       marriage annulment, parental responsibility, maintenance obligations)
       recognised and enforced?
As regards decision on separation, divorce and marriage annulment, the main principle is that
a license or a judgment made in a foreign state in accordance with the law of that state is
recognised in Iceland without any formal procedure, unless it is considered to be against
ordre public. If the case concerns a person who resides in Iceland and is therefore registered
in the public registry in Iceland it is the National Registry which has the responsibility to
register the person‟s status. Under certain circumstances divorce papers have to be submitted
to the Ministry of Justice and Human Rights for review, i.e. if a divorced person, who resides
abroad, wants to enter into marriage in Iceland.
Foreign decisions regarding parental responsibility are recognised by law if made in a state
governed by the 1980 European Convention on Recognition and Enforcement of Decisions
concerning Custody of Children and on Restoration of Custody of Children cf. the Act on

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recognition and enforcement of foreign decisions regarding custody of Children, the return of
children wrongfully removed etc. No 160/1995. Decisions from other states should normally
be recognised in accordance with the main principle mentioned in the first paragraph above.
Foreign decisions regarding maintenance obligations which fall under the Lugano Convention
or the Nordic Convention on enforcement of child support signed on 23 March 1962 are
recognised and enforceable by law, cf. the Act on the Lugano Convention on Jurisdiction and
the Enforcement of Judgements in Civil Matters No 68/1995, and the Act authorizing the
Government to let the provisions in an agreement between Iceland, Denmark, Finland,
Norway and Sweden on the collection of child maintenance enter into force No 93/1962.
Foreign decisions on maintenance that do not fall under the said conventions cannot be
enforced in Iceland without a judicial procedure.


   34. How are cases of international child abduction dealt with under the 1980 Hague
       Convention on the Civil Aspects of International Child Abduction? Please specify
       the number of applications made under the Convention for the return of children
       for the last three years, the outcome of the applications (return or non-return of
       the child) as well as the average duration of the procedure.
The 1980 Hague Convention has been implemented with the Act on recognition and
enforcement of foreign decisions regarding custody of Children, the return of children
wrongfully removed, etc. No 160/1995. Requests for return of a child, wrongfully removed to
Iceland, are normally sent to the Ministry of Justice, which is the Central Authority under the
Convention, either by the Central Authority of the state where the child was habitually
resident or by the left behind parent. After checking the application the Central Authority
contacts the taking parent in order to promote voluntary return of the child. This is normally
done within one or two days, either in a letter or in a telephone conversation or at a meeting in
the Ministry. If the child‟s location is not known the police will assist in locating the child.
Sometimes the taking parent is allowed some time to bring the child back depending on the
circumstances. If the taking parent refuses to return the child the Central Authority contacts
an attorney who represents the left behind parent and takes the case before the relevant
District Court. After an attorney has agreed to take on the case the communication is directly
between the attorney and the left behind parent. The case can be heard in one of the 8 District
Courts in Iceland, depending on where in Iceland the child is located. Judges are not
specialized in Hague Cases; however, a contact judge, with extensive experience of Hague
cases has been appointed and other judges can seek advice and information from him. The
District Court Judge‟s decision can be appealed to the Supreme Court. Iceland made a
reservation regarding Article 26 of the Hague Convention and therefore normal domestic
legal aid laws apply. This means the taking parent has to apply for legal aid which is granted
if the parent‟s income does not exceed the limit given at each time.
The numbers of applications for the last three years are as follows:
      2006: 1. Child was returned (Court settlement). Duration from receipt of the case in
       the Central Authority until it was closed in the Central Authority - 50 days.
      2007: 3. In one case child was returned voluntary, in two cases the child was not
       returned (in one case parents were in agreement regarding no return, in the other case
       the court denied return). Average time in these three cases from the receipt of the case
       in the Central Authority until it was closed - 200 days.



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      2008: 4. In one case the left behind parent came to Iceland and took the child back, in
       one case the child was not returned (Court order), in two cases the child was returned
       (one Court settlement, one Court order). Average time in three of these cases – 70
       days. One case is still pending.


   35. How does your legislation solve conflicts of jurisdiction and applicable law as
       regards international insolvency proceedings? How are foreign decisions on
       insolvency recognised and enforced?
The Bankruptcy Act No 21/1991 will only be applied to debtors domiciled in Iceland who are
not exempted from the jurisdiction of the Icelandic courts. The Act can be applied to Icelandic
citizens who are not domiciled in the country they are exempted from the jurisdiction of the
courts in other states. Certain conditions must pertain if a company or institution is involved,
but then a company must be registered in a venue in Iceland. If a company in Iceland having
(a) foreign branch(es) goes bankrupt, the authority then automatically extends to the branch
regarding payment moratoria, agreements on composition and bankruptcy in accordance with
Article 5(2) of the Bankruptcy Act. Article 6(2) of the Act contains the main rule that a
payment moratorium, seeking composition and bankruptcy, based on another state‟s authority
or decision, shall have no effect in Iceland. Likewise, an Icelandic court‟s rulings will not be
honoured in other states any more than foreign judicial rulings and decisions will be honoured
in Iceland. However, an exception to this is made in Article 6(1) of the Act, which permits the
conclusion of agreement with other states under which an authorization of a payment
moratorium, which is granted in one state party to an agreement, is valid in the other states
parties, with the legal effect accompanying such authorization in each state. In the same
manner, it is possible to enter into agreements with other states that the distribution of a
bankrupt estate in one state party also extends to the assets and rights of a bankrupt party in
another state party, and it may be decided in such an agreement that the distribution of a
bankrupt estate shall proceed in part or in whole independently in each individual state party
in accordance with its legislation or that of another specified state.
Unless otherwise following from an agreement made in accordance with Article 6(1),
payment moratoria or agreements on composition have no effect in Iceland. Provisions of the
Bankruptcy Act are nevertheless applied to a branch of a foreign company that is operating
and registered in a venue in Iceland, and if the company is responsible for the branch‟s debts
and has previously received the same and completely comparable authorization in its home
state. The estate of such a branch will not be declared bankrupt in Iceland unless the foreign
company's branches have previously been declared bankrupt in their home state. An
agreement of the Nordic countries on bankruptcy is in force, cf. Act No 21/1934, where
bankruptcies declared in one of the states parties also extends to debtors in the other states.
The agreement entails deviations from the main rule of Article 6(2) of the Bankruptcy Act.
Under the agreement, the provisions of the state where a declaration of bankruptcy is made
should apply to the bankruptcy. If a bankruptcy is declared in one of the states parties, the
bankruptcy also extends to assets in the other states. The agreement also applies to judgments
and settlements on rescissions and other invalidations of legal instruments because of
bankruptcy declared in one of the states parties. Certain special rules on branches can be
found in the Act on Limited-liability Companies. Under this Act foreign branches may be
founded, but this is subject to conditions of the Act. Article 143 of the Act on Limited-
liability Companies No 2/1995 and Article 117 of the Act on Private Limited-Liability
Companies Act No 138/1994 state that if a foreign company is declared bankrupt or subject to
winding up, the branch manager shall immediately notify the Register of Companies of this,


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as well as those seeing to the bankruptcy or winding up, whatever their power, and whenever
the distribution of the bankruptcy estate or winding up is finished. The same information must
be provided regarding payment moratoria, agreements on composition and corresponding
instruments.
The acknowledgement of decisions on bankruptcy – recognition and enforcement
Under an agreement of Nordic countries, the Icelandic State has undertaken to acknowledge
bankruptcies of individuals and companies within the Nordic countries, regardless of
citizenship or where the legal entity‟s home state is, so long as it is within the Nordic
countries.


   36. Is it possible for parties involved in civil litigation in your country but not present
       in it, to ask for legal aid in the country of their habitual residency? If so, how are
       these requests received and dealt with by your country? Is the same possibility
       available to parties present in your country who are involved in litigation
       abroad? If so, how are these requests presented and then transmitted abroad?
According to Article 4 of Regulation No 45/2008 legal aid can be granted to parties involved
in civil litigation before the courts in Iceland, even if they have their habitual residence in
another country.
Requests from parties residing abroad in civil litigation before courts in Iceland must be
addressed to the Ministry of Justice and Human Rights and will be dealt with in the same
manner as other requests.
Parties residing in Iceland who are involved in civil litigation abroad must in each case
present their request for legal aid directly to the authorities in the country concerned, without
any involvement from Icelandic authorities, since there is no cooperation mechanism
available between the authorities in Iceland and EU member states.


   37. Which alternative dispute resolution methods are available in your country, and
       how are they organised? How is their quality ensured?
Under the Act on Contractual Arbitration No 53/1989, the parties to an agreement can decide
to submit their legal dispute to arbitration if they have control over the substance of the
complaint. Such an agreement may be entered into when a dispute arises out of, or can later
arise out of, specified legal relations of the parties. An agreement to have an arbitration court
rule on a dispute shall be in writing, which shall clearly state what the arbitration agreement
involves, who the parties to the agreement are and what legal dispute shall be resolved. An
arbitration agreement does not obligate parties if material deviations are made from this
condition, if a solution may not be submitted to arbitration, or if provisions on the
appointment of the arbitrators, procedure or other points are deemed not to provide
satisfactory legal protection. Issues can be submitted to courts to reverse an arbitration court‟s
remedy because of deficiencies in its procedure or because a conclusion has an unlawful
basis, cf. Article 12 of the Act.
Unless otherwise decided in an arbitration agreement, an arbitration judgment or a settlement
made before an arbitration court shall be enforceable in accordance with the same rules as
those applying to judgments handed down by Icelandic courts and settlements that have been
made before them. Arbitration judgments handed down in accordance with international
agreements to which Iceland is a party shall be recognized in Iceland and enforceable. Other


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international arbitration judgments shall be recognized and enforceable if they fulfil the rules
stipulated in the Act on Contractual Arbitration, and their enforcement is governed by the
same rules as those applying to the enforcement of foreign judicial solutions, cf. a more
detailed answer in Question 24:31.
In Icelandic law various provisions are also found on the authority of or the duty to submit
certain disputes to arbitration, such as Article 232 of the Sailing Act No 34/1985.


   38. How does your legislation solve conflicts of law for contractual and non-
       contractual obligations?
Iceland adopted the main principles of the Rome Convention from 19 June 1980 on the Law
Applicable to Contractual Obligations by Act No 43/2000 on jurisdiction of contracts. The
main principle is that the parties to the agreement have a choice of jurisdiction. If it is not laid
down in the contract the main rule is that one should apply the law of the country with which
the contract is most closely connected. The Act applies to all private international contracts
when it has to be decided which country‟s legislation is applicable.
Regarding conflicts of non-contractual obligations one can seek the opinion or conclusion of
several out-of-court bodies handling specific matters, all of which facilitate peoples‟ access to
justice and individual redress. This procedure can simplify and speed up solutions to small
claims and disputes, but it is however not binding for the parties, unless they agree to settle
the case on the basis of the body‟s opinion. Various out-of-court bodies exist that provide
alternative dispute resolution systems, e.g. as regards travel agencies, banking and insurance
services, disputes in consumer sales of goods and services etc. As an alternative, one can seek
judicial resolution by the courts.
Where conflicts of law in cases concerning non-contractual obligations arise, non-binding
principles applies. The main rule is lex loci delicti, that is, if the damage-causing act is
committed in Iceland, Icelandic national law applies. It is also possible to apply the national
law of the state which with regard to legal liability concerns has the most significant
relationship to the act, that is, the national law of the state where the consequences of the act
materialise.


   39. How are foreign judicial and extrajudicial documents received and served? How
       are your country’s judicial and extra-judicial documents transmitted when they
       have to be served abroad?
Iceland is a party to the Hague Service Convention. The Ministry of Justice and Human
Rights is the Central Authority under the Convention. If documents originate from another
Convention state the Central Authority receives the documents and passes them on to local
process servers. They are also responsible for serving domestic documents. After documents
have been served the process server returns them to the CA with his/her certificate of service.
The CA returns the documents to the applicant in accordance with the Convention and the
Certificate of service, which the Convention requires (mandatory form), is issued by the CA.
Since Iceland has only recently joined the Convention the methods are still being polished. If
the documents originate from a state not party to the Convention very similar methods are
used. However, the Ministry receives documents from various bodies, e.g. attorneys, courts or
foreign embassies. The method of service is the same as regarding domestic documents. The
documents are returned to the sender with the process server‟s certificate.



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 Documents from Iceland that need to be served abroad are transmitted through the Ministry
 for Foreign Affairs.


     40. How do you deal with requests from foreign courts to take evidence in civil and
         commercial matters? How are your country’s requests for taking evidence
         abroad transmitted?
 Iceland is a party to the 1970 Hague Convention on the Taking of Evidence Abroad in Civil
 and Commercial Matters and requests which are received are dealt with pursuant to the
 provisions of the Convention. Requests from Iceland are likewise transmitted in compliance
 with the Convention. The obligations of the Convention are implemented into Icelandic
 legislation by the Act on Civil Procedure No 91/1991.
 Requests from abroad are either sent to the Ministry for Foreign Affairs, and from there to the
 Ministry of Justice and Human Rights, or directly to the latter. The Ministry of Justice and
 Human Rights then sends the request to the relevant authorities.


V. JUDICAL COOPERATION IN CRIMINAL MATTERS
     41. Please provide information on legislation or other rules governing this area, and
         their adhesion to relevant international conventions.
 The Icelandic legislative basis for judicial cooperation in criminal matters is the Act on the
 Extradition of Criminals and Other Assistance in Criminal Proceedings No 13/1984.7 The
 Act, with subsequent amendments, implements the 1957 European Convention on Extradition
 and its two additional protocols, the 1959 European Convention on Mutual Legal Assistance
 in Criminal Matters and its first additional protocol (the second additional protocol has been
 signed, but not yet ratified), as well as implementing the relevant Schengen principles and the
 principles of the European Union Convention on Mutual Legal Assistance in Criminal
 Matters, which Iceland partially connected to with an agreement in December 2003.


     42. What kind of foreign judicial decisions in criminal matters are recognised and
         enforced and what is the procedure for recognising and enforcing them?
 Article 1, para 1, point a of the Act on International Cooperation on the Enforcement of
 Criminal Judgements No 56/1993,8 states that under bilateral or multilateral agreements that
 Iceland has entered into with other states, and under the authority of the Act, the following
 imposed sanctions may be enforced in Iceland:
             Decisions of courts regarding fines, deprivation of liberty, disqualifications or
              confiscation made in another state by a court or another remedy at the conclusion
              of a court proceeding in accordance with an act on criminal procedure
             Governmental decisions regarding fines, deprivation of liberty, disqualifications or
              confiscation made in another state



 7
     An updated official English translation of the Act can be found on the Ministry of Justice and Human Rights website:
     http://eng.domsmalaraduneyti.is/laws-and-regulations/nr/104
 8
     An offical English translation of the Act can be found on the Ministry of Justice and Human Rights website:
     http://eng.domsmalaraduneyti.is/laws-and-regulations/english/

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Article 6 of the same Act authorises the enforcement of European criminal judgements upon a
request thereof from the state which issued the judgement, provided certain conditions are met
which are further stated in the Article.
Specific legislation is in place for the enforcement of criminal decisions and judgements
between the Nordic countries, based upon the extensive Nordic cooperation in the field of
criminal law cf. the Act on the enforcement of criminal decisions from Denmark, Finland,
Norway or Sweden, etc. No 69 /1963.
Iceland is a party to the 1983 European Council Convention on the Transfer of Sentenced
Persons and Chapter II of Act No 56/1993 implements the provisions of the Convention.
Chapter III of the Act provides for the rules on enforcement of other criminal sanctions. The
Act furthermore implements the provisions of the 1969 European Convention on the
International Validity of Criminal Judgments which Iceland is a party to.
Iceland is also a party to the Rome Statute on the International Criminal Court from 1998, and
has implemented the provisions of the Statute by the Act on the Implementation of the Rome
Statute on the International Criminal Court No 43/2001. Article 8 of the Act allows for the
enforcement in Iceland of decisions issued by the Court. Finally, Iceland provides legal
assistance to the International Criminal Tribunal for the former Yugoslavia under the Act on
the Legal Assistance to the Criminal Tribunal for the former Yugoslavia No 49/1994. Article
12 of the Act allows for the enforcement of decisions issued by the Tribunal in Iceland.
In addition to this, arrest warrants, issued by foreign courts in relation to extradition cases, are
enforced pursuant to Article 19 of the Act on the Extradition of Criminals and Other
Assistance in Criminal Proceedings No 13/1984. 9 Furthermore, the European Arrest Warrant
is recognized and enforced as a basis for detention under certain circumstances pursuant to the
aforementioned Article 19 of Act No 13/1984. A bilateral agreement has been signed between
the EU on the one hand and Iceland and Norway on the other for the latter‟s participation in
the European Arrest Warrant. The instrument is currently being implemented into Icelandic
legislation. The aim is to finish this before the end of 2009.
Iceland is likewise in the process of integrating the Nordic Arrest Warrant (NAW) into its
legislation, which is based upon an agreement between the five Nordic countries, Denmark,
Finland, Norway, Sweden and Iceland. The NAW is quite similar to the European Arrest
Warrant except that it goes further on a few points providing more extensive cooperation and
mutual recognition.
Regarding the procedure for recognising and enforcing the aforementioned judicial decisions
see part 2 of Chapter 1 of the Act on International Cooperation on the Enforcement of
Criminal Judgements.


     43. How are foreign judicial documents received and served? How are your
         country’s judicial documents transmitted when they have to be served abroad?
The rules governing this area can be found in Chapter IV of the Act on the Extradition of
Criminals and Other Assistance in Criminal Proceedings No 13/1984. 10 Between Iceland and
those states members to the Schengen cooperation or those members to the Additional
Protocol to the European Council Convention on Mutual Legal Assistance in Criminal

9
     An updated official English translation of the Act can be found on the Ministry of Justice and Human Rights website:
     http://eng.domsmalaraduneyti.is/laws-and-regulations/nr/104
10
     An updated official English translation of the Act can be found on the Ministry of Justice and Human Rights website:
     http://eng.domsmalaraduneyti.is/laws-and-regulations/nr/104

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Matters, foreign judicial documents are received and served directly through the Ministry of
Justice and Human Rights. For other countries the documents go through diplomatic channels,
via the Ministry for Foreign Affairs, to and from the Ministry of Justice and Human Rights.
The same procedure applies when Iceland sends judicial documents to be served abroad.
From the Ministry of Justice and Human Rights in Iceland the documents are forwarded to
either the Director of Public Prosecutions, the Commissioner of the Icelandic National Police
or to the relevant Police Commissioner. The Ministry of Justice and Human Rights likewise
receives judicial documents to be served abroad, both from the Director of Public
Prosecutions, the Commissioner of the Icelandic National Police and the Police
Commissioners.


     44. How and on which legal basis do you deal with requests from other countries to
         take evidence? How and on which legal basis are you country’s requests for
         taking evidence abroad transmitted?
The legislative basis for this can be found in Article 22 of the Act on the Extradition of
Criminals and Other Assistance in Criminal Proceedings No 13/1984.11 It specifically
implements Iceland‟s connection to the 2001 European Union Convention on Mutual Legal
Assistance in Criminal Matters. For request from countries outside the EU, the general rule of
Article 22, applies, which states:
     In order to gather evidence for use in criminal proceedings in another state, it may be
     decided, in response to a request, that the provisions of the [Code on Criminal
     Procedure]1)shall be applied in the same manner as in comparable proceedings in Iceland.
     [In the event that a request for assistance is submitted on the basis of the European
     Convention on Mutual Assistance in Criminal Matters from 29 May 2000 and the protocol
     thereto from 16 October 2001, the legal proceedings specified by the state submitting the
     request shall apply provided that such proceedings do not violate Icelandic law. Requests
     for the questioning of witnesses or experts by telephone or teleconferencing shall be
     granted as far as possible. Questioning by telephone shall only be permitted if the witness
     or expert in question so consents.]
     Pursuant to Article 22, para 3-8, requests shall be sent to the Ministry of Justice unless
     other arrangements are decided in an agreement with another state. A request shall contain
     information on the type of offence and where and when it was committed. Requests may
     only be granted if it is demonstrated that a decision has been taken on coercive measures
     which are in conformity with the legislation of the state involved.
     [A request may not be granted if the act which it concerns, or a comparable act, is not
     punishable under Icelandic law or if, under the provisions of Articles 5-7 (political
     offence, ban on extradition if risk of injustice or persecution in requesting state, possibility
     to refuse extradition on humanitarian grounds), it cannot constitute grounds for
     extradition. The second condition contained in the first sentence does not apply to states
     participating in the Schengen co-operation. With respect to requests from Denmark,
     Finland, Norway or Sweden, the first condition of the first sentence applies only with
     respect to political offences.]3)
     The Ministry of Justice shall immediately reject the request if the conditions of the [third
     paragraph]2) are not met, or if it is clear that the request can not be granted. If a request is
11
     An updated official English translation of the Act can be found on the Ministry of Justice and Human Rights website:
     http://eng.domsmalaraduneyti.is/laws-and-regulations/nr/104

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   not rejected pursuant to this paragraph, the case shall be sent to the Director of Public
   Prosecutions for further treatment, and he/she shall take steps to have the necessary
   investigation carried out immediately.
   When the investigation has been completed, the Director of Public Prosecutions shall send
   all the evidence in the case to the Ministry of Justice, together with a report on it. The
   ministry shall then decide on whether to grant the request.
   Provision may be made in an agreement with a foreign state to have the case dealt with by
   an authority other than the ministry.
   If it is likely that a person residing in Iceland, who is not suspected in connection with the
   case, has legally acquired an item which is to be seized, then the condition for yielding the
   item to the authorities of another state shall be that it will be returned, free of charge,
   when the conduct of the case is completed.
Article 22 is also the basis for requests Iceland sends to other countries.


   45. How are the records of criminal convictions legally and technically organised? Is
       the data electronically available? If so, is it stored nationally/central or
       regionally/locally? What is the system of data retention?
According to Article 225 of the Code on Criminal Procedure No 88/2008, the Director of
Public Prosecutions maintains a Criminal Register for the entire country into which the
conclusions of criminal cases are entered. The Act stipulates that the Director of Public
Prosecutions sets rules on the preparation and safeguarding of the Criminal Register,
including what shall be entered into it about cases that are concluded without prosecution, as
well as on criminal record certificates.
The Director of Public Prosecutions‟ rules on the Criminal Register are dated 15 August
2009. They were advertised in the B-Section of the Official Gazette, and are furthermore
available to the general public on the website of the Office of the Director of Public
Prosecutions. The process is that the Director of Public Prosecutions is notified of the results
of a case which are then manually entered into an electronic national register. The National
Commissioner of the Icelandic Police stores the database.


   46. Is State compensation to victims of crime available? If so, how is it organised?
The Icelandic State has been paying compensation to victims of crime since 1996. The crime
victim‟s legislation was set in 1995. Compensation is limited to persons that have been
victims of an action that is punishable under the General Penal Code. That applies to victims
of assault and battery, sexual offences, abduction, extortion and reckless endangerment.
Compensation is also paid to the closest relatives of a slain person. The Act does however not
cover losses that are a result of embezzlement, fraud or theft. Compensation is also paid even
if the delinquent is unknown, is a minor or is not compos mentis. Nationality of the victim has
no bearing on the outcome. However, compensation is not paid if neither the victim nor the
wrongdoer has a permanent residence in Iceland. In cases where identity of the delinquent is
known, reimbursement of what has been paid is demanded by the state as a general rule.
Compensation is paid only if the criminal incident has taken place in the jurisdiction of the
Icelandic state. The litigant in each case has to claim compensation directly from the state and
has no obligation to try to collect it first from the delinquent. When a crime is reported, the
police are obliged to guide the victim on how compensation can be obtained. A claim for

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compensation has to be put forward no later than two years after the criminal incident took
place. Under special circumstances an exception from this two year rule can be made, such as
when the victim is a minor. The litigant can put his/her claim forward on his/her own, but in
practice about 95 per cent of the claims come through solicitors on behalf of the litigants. In
most cases the cost of the solicitor is also paid by the state.
A committee of three members (bótanefnd) is responsible for decisions on payments to
victims and reimbursement from the wrongdoers. The three members are appointed by the
Minister of Justice and Human Rights and they must all fulfil the same personal and
professional qualifications as required to become a district judge. The decisions of the
committee are final. If a litigant is dissatisfied with the outcome of his/her case, he/she has to
file a civil suit against the state to have it overturned. In such cases the legal fees are generally
paid by the state.
In 2007 and 2008 the number of claims was about 400 per year. This number has doubled
since 2005. About 40 percent of the claims result in some kind of compensation. About 30
percent of the claims are rejected for various reasons and about 30 percent of claims are
revoked by the applicant for various reasons. Among those are that the applicant has been
compensated directly by the delinquent, the person accused of the crime has been acquitted or
charges against him have been dropped or the applicant has some personal reasons for not
letting the case proceed.
Minimum compensation paid is ISK 400,00012 Applications for lower amounts are rejected.
Maximum compensation is ISK 2,500,000.13 In 2008 payments to crime victims aggregated to
about ISK 100,000,000.14 About 25 percent of what is paid in compensation is reimbursed by
the delinquent.


     47. How does your legislation solve conflicts of jurisdiction in criminal matters?
Article 50(3) of the Code on Criminal Procedure No 88/2008 provides that if a criminal
offence is committed within the territory of Iceland, and there is doubt as to which jurisdiction
the offence was committed in, the prosecution can institute proceedings before any of the 8
district courts in Iceland. The same rule applies if the criminal offence was committed on
board a ship or on an airplane, or if the offence was committed in a foreign country, but the
case falls under Icelandic jurisdiction.
Icelandic legislation solves conflicts on jurisdiction pursuant to Article 6 of the General Penal
Code, which provides for the following:
     Penalties shall also be imposed in accordance with the Icelandic General Penal Code on
     account of the following offences, even if these have been committed outside the
     Icelandic State and irrespective of who the offender is:
     1. Offences against the independence of the Icelandic State, its security, Constitution and
     public authorities; offences committed in violation of duty to the Icelandic State and
     offences against interests protected by Icelandic Law on account of close relationship to
     the Icelandic State.




12
     Appr. EUR 2,200 (EUR 1 = ISK 180, rounded average Central Bank of Iceland exchange rate 2 September 2009).
13
     Appr. EUR 14,000 (EUR 1 = ISK 180, rounded average Central Bank of Iceland exchange rate 2 September 2009).
14
     Appr. EU 560,000 (EUR 1 = ISK 180, rounded average Central Bank of Iceland exchange rate 2 September 2009).

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   2. Offences in violation of a duty on the part of the perpetrator to be performed abroad
   according to Icelandic Law and also offences in violation of a duty of employment on
   board an Icelandic craft.
   3. Offences against the interests of Icelandic citizens or persons resident in Iceland, if
   committed outside the criminal jurisdiction of other States under International Law.1)
   [4. For violations of para. 2, 3 and 4 of Article 165 and also for homicide, bodily harm,
   deprivation of freedom and other acts of violence committed in connection with violations
   of these provisions and for conduct to which the international Convention of 23
   September 1971 for the Suppression of Unlawful Acts of Violence at Airports Serving
   International Civil Aviation and a Protocol thereto of 24 February 1988 applies. Legal
   action under this clause shall, however, only be taken if ordered by the Minister of
   Justice.] 2)
   [5. For conduct to which the Convention of 14 December 1973 on the Prevention and
   Punishment of Crimes Against Internationally Protected Persons, including Diplomatic
   Agents, applies.] 3)
   [6. For conduct to which Article 1 of the European Convention of 27 January 1977 on the
   Suppression of Terrorism applies. Legal action under this clause shall, however, only be
   taken if ordered by the Minister of Justice.] 4)
   [7. For conduct to which the International Convention of 18 December 1979 against the
   Taking of Hostages applies.] 5) Legal action under this clause shall, however, only be
   taken if ordered by the Minister of Justice.] 6)
   [8. For incorrect sworn testimony before the Court of the EFTA States, provided the Court
   has required prosecution.] 7)
   [9. For conduct to which the Convention of 10 December 1984 against Torture and Other
   Cruel, Inhuman or Degrading Treatment or Punishment applies. Legal action under this
   clause shall, however, only be taken if ordered by the Minister of Justice.]8)
   [10. For conduct described in the Convention of 21 November 1997 on Combating
   Bribery of Foreign Public Officials in International Business Transactions. ] 9)
   [11. For conduct to which the Comprehensive Nuclear-Test-Ban Treaty of 10 September
   1996 applies.] 10)
   [12. For conduct to which the Convention on the Safety of the United Nations and
   Associated Personnel of 9 December 1994 applies.] 11)
   [13. For conduct specified in the Convention to Prevent Illegal Activities Against Safety
   in Sailing at Sea of 10 March 1988.
   14. For conduct specified in the Protocol on Preventing Illegal Activities Against Seabed
   Fixed Constructions on the Continental Shelf of 10 March 1988.
   15. For conduct specified in the Convention on the Custody of Nuclear Reactor
   Substances of 3 March 1980.] 12)
   [[16.] 13) For conduct specified in the International Convention or Preventing Terrorist
   Explosions (Bombings) of 15 December 1997.
   [17.] 13) For conduct specified in the International Convention on Preventing the
   Financing of Terrorism Activities of 9 December 1999.] 14)
   [18. For conduct specified in an Agreement in the field of Criminal Law on Corruption of
   27 January 1999.] 15)

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     48. Which procedures are available in the field of mediation in criminal matters?
In October of 2006 the Ministry of Justice (now Ministry of Justice and Human Rights)
initiated a pilot project on victim-offender mediation for minor offences. The project was a
joint operation of the Ministry, Icelandic Police Authorities and the Director of Public
Prosecutions, specifically aimed at providing the possibility of mediation for young offenders.
The project did not have a specific legislative basis, but a provision of the Code on Criminal
Procedure No 19/1991 was interpreted to include mediation processes. The Director of Public
Prosecutions issued guidelines which were followed during the period of the project.
The duration of the project was two years, ending on 30 September 2008, and in short it was a
success. Since the conclusion of the pilot project the Ministry has been working on the results
and modulating the next steps, which would be the continuation of the application of the
victim-offender mediation as was done during the period of the project, as well as developing
it further into more frequent usage of the remedy, allowing it for more serious offences as
well as looking into applying it at all stages of criminal proceedings, even all the way to penal
mediation.
In June 2008 the new Code on Criminal Procedure No 88/2008 entered into force. Article
146, para 3, point b, specifically stipulates the possibility of dispensation of the institution of
criminal proceedings, under certain conditions, if the offender and the victim have reached an
agreement through mediation, and the offender has fulfilled his/her obligations according to
the agreement. Currently the Ministry of Justice and Human Rights is in the process of
evaluating the need for a regulation or specific legislation on the remedy.


     49. How does your legislation regulate extradition? Is extradition of Icelandic
         nationals permitted? To which relevant international conventions (U.N., Council
         of Europe, others) is your country a party? Are bilateral agreements in place on
         the issue, and with which countries? – Do you have bilateral agreements on
         transfer of proceedings and, if so, what are the scope and limitations of these
         agreements?
The legislative basis for extradition are two Acts, first, the Act on the Extradition of Criminals
and Other Assistance in Criminal Proceedings No 13/1984.15 According to Article 2,
extradition of Icelandic citizens is not permitted.
Second is the Act on the Extradition of Criminals to Denmark, Finland, Norway and Sweden
No 7/1962. According to Article 2 Icelandic citizens can, in specific circumstances, be
extradited to any of the other Nordic Countries.
In addition to being an Associated Country to the Schengen cooperation, Iceland is a party to
the 1957 European Council Convention on Extradition, and the two additional protocols
thereto. Iceland has furthermore signed an agreement with the EU on the participation in the
European Arrest Warrant regime (EAW). The instrument is currently being implemented into
Icelandic legislation and the aim is to finish it before the end of 2009. The proposed
legislation for the implementation of the EAW, which will be put before Althingi before the
end of 2009, aims to allow for the extradition of Icelandic citizens under the regime. Iceland
is likewise in the process of integrating the Nordic Arrest Warrant (NAW) into its legislation,

15
     An updated official English translation of the Act can be found on the Ministry of Justice and Human Rights website:
     http://eng.domsmalaraduneyti.is/laws-and-regulations/nr/104

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which is based upon agreement between the five Nordic countries, Denmark, Finland,
Norway, Sweden and Iceland. The NAW is very similar to the European Arrest Warrant
except that it goes further on a few points, providing more extensive cooperation and mutual
recognition.
In addition there is the Act on the Legal Assistance to the Criminal Tribunal for the former
Yugoslavia No 49/1994. Article 3 of the Act provides for an obligation to extradite a person
who is subject to the jurisdiction of the Tribunal who is found on Icelandic territory, and upon
a request from the Tribunal. For extradition in relation to individuals who are subject to Act
on the implementation of the Rome Statute on the International Criminal Court No 43/2001,
the provisions of the general extradition Act No 13/1984 apply.
Iceland has entered into one bilateral agreement on extradition with the US, which has been in
place since the year 1905, amended in 1908.
Iceland has no bilateral agreements on the transfer of proceedings.


     50. How does your legislation regulate mutual assistance in criminal matters? Are
         direct contacts between prosecutorial/judicial authorities established? Is there
         legislative framework on video-conferencing? To which relevant international
         conventions (U.N., Council of Europe, others) is your country a party? Are
         bilateral agreements in place on the issue, and with which countries?
The legislative basis for mutual legal assistance in criminal matters is the Act on the
Extradition of Criminals and Other Assistance in Criminal Proceedings No 13/1984.16
Direct contacts between prosecutorial/judicial authorities have been established for a period of
time in relation to some specific cases. However, such direct contacts have not been formally
or systematically established in Iceland. Communications mainly go through the Ministry of
Justice and Human Rights.
Article 22(2) of Act No 13/1984, implements the European Union Convention on Mutual
Legal Assistance in Criminal Matters, and allows for video-conferences with the Member
States of the EU, as well as Norway. Iceland has also signed the Second Additional Protocol
to the 1959 European Council Convention on Mutual Legal Assistance in Criminal Matters,
which allows video-conferencing in certain circumstances. However, Iceland has yet to ratify
the Protocol.
Iceland is a party to the 1959 European Council Convention on Mutual Legal Assistance in
Criminal Matters, and the first additional protocol thereto. Iceland is furthermore partially
connected to the European Union Convention on Mutual Legal Assistance in Criminal
Matters.
Iceland has no bilateral agreements in place with other countries on mutual legal assistance in
criminal matters. Iceland is however a party to the Rome Statute on the International Criminal
Court from 1998, and has implemented the provisions of the Statute with Act No 43/2001 on
the implementation of the Rome Statute on the International Criminal Court. Furthermore
Iceland provides legal assistance to the International Criminal Tribunal for the former
Yugoslavia under the Act on the Legal Assistance to the Criminal Tribunal for the former
Yugoslavia No 49/1994.


16
     An updated official English translation of the Act can be found on the Ministry of Justice and Human Rights website:
     http://eng.domsmalaraduneyti.is/laws-and-regulations/nr/104

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   51. How does your legislation regulate the transfer of sentenced persons? To which
       relevant international conventions (U.N., Council of Europe, others) is your
       country a party? Are bilateral agreements in place on the issue, and with which
       countries?
The Act on International Cooperation on the Enforcement of Criminal Judgements No
56/1993 regulates the transfer of sentenced persons (cf. Question 24:42). The Act, with its
subsequent amendments in 1997 and 2000, implements the provisions of the 1983 European
Council Convention on the Transfer of Sentenced Persons which Iceland is a party to. The
Act furthermore implements the provisions of the 1969 European Convention on the
International Validity of Criminal Judgments which Iceland is a party to.
Currently, there are no bilateral agreements in place between Iceland and any other countries
on the transfer of sentenced persons. However, Iceland is currently negotiating an agreement
on the issue with Brazil. Furthermore an arrangement between Iceland and Lithuania is in
place to expedite transfer of prisoners as much as possible. This is not a formal agreement
however, only an expression of mutual will for the practice.


   52. Is time spent in foreign pre-trial detention deducted from the final sentence?
Time spent in foreign pre-trial detention is deducted from the final sentence.


   53. Under what conditions can a person be judged in his/her absence?
According to Article 161, cf. Article 155, of the Code on Criminal Procedure, an absent
person may be convicted provided he/she has been served the summons to appear in court for
the hearing of his/her case. The summons shall state that an accused person‟s absence may be
interpreted as confession and that sentencing may take place despite his/her absence, provided
the court is not aware of any lawful reasons for absence. The conditions are as follows:
          That the offence is deemed as not being subject to more severe penalty than fines,
           the confiscation of assets and the deprivation of rights
          That the accused has appeared in court during the investigation of a case, has
           clearly confessed to his/her offence, that the judge does not deem there exists a
           reason to doubt his/her confession, and that the sentence is not more severe than
           six months‟ imprisonment


   54. Does your legislation allow for alternatives to imprisonment sentences, e.g.
       supervision measures, probation period and conditional release?
According to the General Penal Code a prosecutor may suspend for a specified period the
issue of an indictment and a judgment may suspend a decision on determination of penalty or
enforcement of penalty for a specified period cf. Articles 56 and 57. According to the
Execution of Sentences Act No 49/2005 a sentence to up to six months‟ non-conditional
imprisonment or a surrogate punishment can be executed in the form of unpaid community
service cf. Articles 27 and 72. When a prisoner has completed half or two thirds of his/her
sentence the Prison Authority may decide that he is to be released on probation cf. Article 63
of the Code.




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   55. Is there a minimum threshold for pre-trial detention? If yes, what is the
       threshold?
According to Article 67(3) of the Constitution, detention on remand may only be ordered due
to a charge subject to heavier sanctions than fines or punitive custody. This rule is further
elaborated and stricter minimum conditions provided in the provisions of the Code on
Criminal Procedure No 88/2008.
According to Article 95 of the Code on Criminal Procedure, an accused will only be
remanded into custody if a reasonable suspicion emerges that he/she has been guilty of
behaviour punishable by imprisonment, provided that he/she has attained the age of 15. In
addition, one of the following conditions must pertain:
          That it may be supposed that the accused will impede the investigation of the case,
           such as by obliterating signs of offenses and removing objects otherwise affecting
           accomplices or witnesses
          That it may be supposed that he/she will attempt to leave the country or hide or
           otherwise escape prosecution or enforcement of punishment
          That it may be supposed that he/she will continue committing offenses as long as
           his/her case is not closed or there is reasonable suspicion that he/she has materially
           breached conditions set for him/her in a suspended sentence
          That it may be supposed that remand into custody is necessary to protect others
           from the accused‟s attacks or the accused from other people‟s attacks or influence
A stricter condition is to be found in Article 95(3) of the Code that stipulates that the accused
may not be remanded into custody if it appears that the offenses of which he/she is accused
will only entail fines or a suspended sentence of imprisonment under the circumstances.
Furthermore, care shall be taken, insofar as possible, that the accused shall not be remanded
into custody for a period longer than the sentence of imprisonment would appear to be.
Please refer to Question I:40 for information on general rules on detention.


   56. How does your legislation regulate cooperation for purposes of confiscation? To
       which relevant international conventions (U.N., Council of Europe, others) is
       your country a party? Are bilateral agreements in place on the issue, and with
       which countries?
With regard to regulating cooperation for the purpose of confiscation, Iceland is in the process
of fully implementing the Palermo Convention as well as the 1990 Council of Europe
Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime.
For further information on the process of implementation see Questions 24:109 - 111.
It shall also be mentioned that as of yet no requests from EU authorities to provide
information on assets located in Iceland, nor requests from EU judicial authorities to freeze or
confiscate assets in Iceland, have been received by Icelandic authorities.
No bilateral agreements are in place on the issue.




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VI. POLICE COOPERATION & FIGHT AGAINST ORGANISED CRIME
       57. Please provide information on legislation or other rules governing the police and
           police cooperation, and their adhesion to relevant international conventions.
  The relevant legislation and rules are the following:
       a. The Police Act No 90/199617
       b. Regulation on Management of Personal Information by the Police No 322/200118
       c. The Code on Criminal Procedure No 88/2008
  The above mentioned instruments implement the rules on police cooperation which the
  Schengen cooperation provides. Iceland became part of the cooperation in 2000.


       58. How are the law enforcement agencies organised (ministries responsible,
           structure, manpower, horizontal co-operation structures, budget)? What are the
           laws, regulations and administrative rules incumbent on the police and the
           exercise of police functions?
  The Minister of Justice and Human Rights is the supreme head of the police in Iceland as well
  as the Icelandic Coast Guard. The National Commissioner of the Icelandic Police administers
  police affairs under the minister‟s authority.
  The total police force in Iceland was, on 1 September 2009, 756 police officers, and the total
  within the Coast Guard was approximately 150. There are 15 police districts, geographically
  divided, each headed by a District Commissioner.
  The main laws, regulations and administrative rules incumbent on the police and the exercise
  of police functions are the ones mentioned in Question 24:57 above:
               The Police Act No 90/1996
               Regulation on Management of Personal Information by the Police No 322/2001
               The Code on Criminal Procedure No 88/2008
               Act No. 56/2006 governs the Icelandic Coast Guard.


       59. Are all police authorities in the country under the same command? Do the
           powers of individual police authorities overlap? Please describe the procedures
           for co-operation and co-ordination between the different bodies involved.
  The Minister of Justice and Human Rights is the supreme head of the police in Iceland. For
  information on the overlapping of powers and procedures for co-operation and co-ordination
  refer to Question 24:62.




  17
       An official English translation of the Police Act from 2000 can be found at the Ministry of Justice and Human Rights
       website (however, several amendments have been made since which have not been translated):
       http://eng.domsmalaraduneyti.is/laws-and-regulations/nr/120
  18
       An official English translation of the Regulation from 2005 can be found at the Ministry of Justice and Human Rights
       website (however two amendments have been made to the Regulation since which have not been translated):
       http://eng.domsmalaraduneyti.is/laws-and-regulations/nr/1042

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   60. Which administrative and/or judicial control bodies and procedures exist? How
       is (a) internal and (b) judicial oversight organised and enforced?
a) The Director of the Public Prosecutions is the highest administrative body supervising
investigations of the local police commissioners. Decision of the police commissioners
regarding investigations can in some cases be appealed to the Director of the Public
Prosecutions.
b) According to Article 35 of the Police Act No 90/1996 a complaint against a police
employee for an alleged punishable offence committed in the course of his/her work shall be
submitted to the Director of Public Prosecutions, who shall be in charge of the investigation
of the case. In the investigation of such cases, the Director of Public Prosecutions may make
use of the authorizations that the police normally have. The police shall assist the Director of
Public Prosecutions with the investigation of cases under this Article as requested.
If a complaint against a police employee is not related to an alleged punishable offence, the
complaint should be directed to the police commissioner who is in charge of the police
employee. The decision of the police commissioner is not subject to appeal to the Ministry of
Justice and Human Rights according to Article 21 of the Government Employees Act No
70/1996.


   61. What powers does the police have:
For the powers of the police the Code on Criminal Procedure 88/2008 applies, i.e. the
following provisions:
a) In terms of preventing potential threats?
The Icelandic Police does not have preemtive investigations powers, that is the police
authorities can not start investigations without substantial suspicion that a crime has been
committed.


b) In terms of criminal investigation?
Chapter XI
Article 80 allows the police, under certain circumstances, to request authorization from a
court, for the purpose of a criminal investigation, to request information on phone calls and
other telecommunications to a specific telephone, computer or other kind of
telecommunication device, from telecommunication companies.
Article 81 allows the police, under certain circumstances, to request authorization from a
court, for the purpose of a criminal investigation, to request the bugging or recording of phone
calls or other telecommunications from a specific telephone, computer or another kind of
telecommunication device to a telephone, computer or other kind of telecommunication
device owned or in the being operated by a certain individual, from telecommunication
companies. Under the same conditions the police can be allowed to observe or record
telecommunications with the relevant recording devices.
Article 82 allows the police, under certain circumstances, to request authorization from a
court, for the purpose of a criminal investigation:
      To record conversations or other kinds of sound or signals by using special recording
       devices or comparable devices without the person being recorded knowing



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      To take pictures of people, either photographs or videos, without the person being
       pictured knowing
      To plant a device on or inside vehicles, persons or products in order to follow the
       persons in question, without the person knowing,
      This is furthermore allowed in other instances with a legitimate purpose
Article 83 sets out the conditions for the above mentioned police actions:
Chapter XI. Telephone tapping and other comparable measures.
Article 80. Within the limitations outlined in para. 1, Article 83 and para. 1, Article 84, it is
permissible for the benefit of an investigation to require telecommunications companies to
provide information on telephone conversations or other telecommunications through a
certain telephone, computer or another type of telecommunications equipment.
Article 81. Within the limitations outlined in Article 83 and para. 1, Article 84, it is
permissible for the benefit of an investigation to require a telecommunications company to
allow for the monitoring or recording of telephone conversations or other telecommunications
thorough a certain telephone, computer or another type of telecommunications equipment, or
through a telephone, computer or another type of telecommunications equipment owned or
controlled by a certain person. Within the same limitations, it is permissible to allow the
police to monitor or record telecommunications, using equipment designed for such a purpose
Article 82. Within the limitations outlined in Article 83 and para. 1, Article 84, it is
permissible for the benefit of an investigation:
   a. to record conversations or detect other kinds of sounds or signals by using a special
      recording technique or a comparable type of technique without the knowledge of those
      involved,
   b. to photograph people, whether using still photography or movies, without the
      knowledge of those involved,
   c. to place equipment on or inside a car or another vehicle, in goods or on a person for
      the purpose of pursuit, or for another legitimate purpose, e.g. in the person‟s wallet,
      clothing or handbag.
It is permissible to record sound, take pictures of people and monitor them for the benefit of
an investigation in a public place or in localities accessible to the public without adhering to
the limitations of Article 83 and para. 1, Article 84.
Article 83. It is a precondition for the actions described in Articles 80–82 that there must be a
reason to believe that information vital to the investigation of a case will be obtained in this
manner.
In addition to the provisions of paragraph 1, actions according to Article 81 and para. 1,
Article 82, depend on an investigation being directed against an offence which may be
punishable by eight years in prison, or that such actions be justified by strong public or
private interest.
Chapter XIII
Article 90 provides the police with the authority for arrest upon an authorization from a court.
Chapter XIII. Arrest.
Article 90. The police are authorised to arrest a person if there is a substantiated suspicion that
he/she has committed an offence which may result in a charge, and the arrest is necessary to

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prevent further offences, to ensure his/her presence or his/her safety or that of others, or in
order to prevent him/her from damaging evidence.
In the event of a disturbance or widespread public riots which have caused or might cause
physical injuries or the large-scale destruction of property, and where it is not possible to
identify the guilty person or persons with any certainty, the police are authorised to arrest
anyone in the vicinity who may reasonably be suspected of punishable actions.
In addition to the provisions of other laws, the police are furthermore authorised to arrest a
person:
        a. if he/she refuses to give his/her name or identify himself/herself in other respects
             and if such an identification is necessary for the benefit of an investigation,
             b. if he/she has been summoned to give a report to the police as a defendant, but
             has not responded to the summons,
        c. if he/she has not, without any impediments, responded to a summons or presented
             himself/herself to testify in a criminal matter,
        d. if he/she has, without permission, left temporary custody or violated a ban in
             accordance with para. 1, Article 100.
Chapter XIV
Article 95 provides for the rules governing under which conditions and in which instances the
police can remand custody over the accused.
Chapter XIV Remand and other comparable provisions
Article 95 The accused will therefore only be remanded into custody if a reasonable suspicion
emerges that he/she has been guilty of behaviour punishable by imprisonment, provided that
he/she has attained the age of 15. In addition, one of the following conditions must pertain:
       a. that it may be supposed that the accused will impede the investigation of the case,
           such as by obliterating signs of offenses and removing objects otherwise affecting
           accomplices or witnesses,
       b. that it may be supposed that he/she will attempt to leave the country or hide or
           otherwise escape prosecution or enforcement of punishment,
       c. that it may be supposed that he/she will continue committing offenses as long as
           his/her case is not closed or there is reasonable suspicion that he/she has materially
           breached conditions set for him/her in a suspended sentence,
       d. that it may be supposed that remand into custody is necessary to protect others from
           the accused‟s attacks or the accused from other people‟s attacks or influence.
The accused may also be remanded into custody even though conditions a-d in par. 1 are not
present if there is strong suspicion that he/she has committed offenses punishable under law
by imprisonment for 10 years since the offense, by nature, may be supposed to necessitate
remand with respect to the public interest.
The accused may not be remanded into custody if it appears that the offenses of which he/she
is accused will only entail fines or a suspended sentence of imprisonment under the
circumstances. Furthermore, care shall be taken, insofar as possible, that the accused shall not
be remanded into custody for a period longer than the sentence of imprisonment appears to
be.
The accused may not be remanded into custody for longer than twelve weeks unless a case
against him has commenced, or urgent interests of the investigation so demand.
An accused younger than 18 years of age may not be remanded into custody unless it may be


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deemed certain that other remedies, cited in par. 1 of Article 100 or those directed in the Act
on Child Protection, cannot replace it.
Finally, the Police Act No 90/1996 provides for possible measures for the police to take in the
interest of public peace and quiet public order, etc., and the authority to make an arrest in
certain circumstances.
Chapter VII provides for the general rules on criminal investigation, Chapter VIII provides for
the general rules on hearings for the purpose of a criminal investigation, Chapter IX provides
for general rules on seizure of property, and Chapter X provides for search and body search.
Section 2. Investigation.
Chapter VII. General rules pertaining to an investigation.
Article 52. The investigation of criminal matters is conducted by the police unless otherwise
laid down by the law.
The police shall, whenever necessary, open an investigation relating to knowledge or
suspicion that a punishable offence has been committed, whether a complaint has been made
or not. Furthermore, the police are obliged to investigate deaths or disappearances of persons,
fires, accidents or other mishaps, even though no suspicion exists of punishable conduct. The
State or District Prosecutor may instruct the police to begin an investigation, cf. para. 3,
Article 21 and para. 4, Article 23. The division of work between the National Commissioner
of the Icelandic Police and the police in individual districts is conducted in accordance with
the appropriate law and regulations.
A complaint relating to a punishable offence or a request for investigation is to be directed
towards the police or the prosecutor. In the event that conduct is not punishable unless the
victim demands that criminal proceedings should be instituted, an investigation is only begun
upon the victim‟s request. The provisions of Article 144 apply to such requests, in so far as
justified by circumstances.
The police dismiss a complaint relating to an offence if it is not considered to merit an
investigation. If an investigation is begun, the police may terminate it if it appears inadvisable
to continue, for example if a complaint is found to be ill-founded or if the violation is minor
and it becomes apparent that the investigation would be unreasonably costly and burdensome.
There is no obligation to allow the person concerned to express an opinion before such a
decision is made.
If a complaint is dismissed or an investigation is terminated in accordance with para. 4, the
police are obliged to inform the complainant if his/her interest is at stake. The complainant
shall also be informed that he/she can appeal such a decision to the District Prosecutor, in
accordance with para. 6.
An interested party may bring a complaint against the decision of the police in accordance
with para. 4 within a month from the time it was communicated to him/her or he/she was
made aware of it in another manner. The district prosecutor must respond to the complaint
within a month from its receipt. Furthermore, the district prosecutor may decide on his/her
own initiative that a complaint is to be dismissed or that an investigation is to be terminated in
cases where some of the provisions of para. 4 apply. It is not a legal obligation to allow the
person concerned to express an opinion before such a decision is made, but the decision must
be made known to the complaining party in accordance with the stipulations of para. 5.
If a complaint relates to an offence which may by law entail a prison term of six years, the
person who appealed the decision of the chief of police to the district prosecutor, may further


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appeal the ruling to the state prosecutor. In addition, the interested party may, in accordance
with para. 6, appeal to the state prosecutor, a decision that the district prosecutor has made on
his/her own initiative. The period within which an appeal may be lodged and the period
within which a response must be made shall be the same as applied with regard to para. 6.
The police and the district prosecutor are not obliged to provide reasons for their decisions, as
specified in paras 4 and 6.
Article 53. The aim of an investigation is to obtain all necessary evidence so that the
prosecutor can decide whether to prosecute. An investigation also has the objective of
collecting evidence to prepare for court proceedings.
Those who investigate criminal cases must work towards the true and right presentation of
facts and, simultaneously, focus on aspects which relate to innocence or guilt. Furthermore,
they must ensure the speedy processing of cases in so far as possible.
Those who investigate criminal cases must take care not to cause more damage,
inconvenience and harm than is rendered unavoidable by circumstances. They must not treat
the defendant or others with undue harshness, apart from what is permitted by law and is
necessary to overcome any resistance to lawful actions. Nor can they use verbal or physical
coercion in any form, for example by the use of threats.
Article 54. The act in question is to be investigated and all attainable evidence relating thereto
must be collected, such as location and time and all details which may be regarded as of
material importance. The suspect must be sought and eyewitnesses and others who could be
called to testify found. Objects must be collected which need to be seized as well as other
visible pieces of evidence. The scene and all relevant signs of the offence which may remain
on location must be investigated if appropriate.
Aspects relating to the defendant must be investigated as required, for example age, personal
circumstances, e.g. family and home situation, education, jobs and economic situation,
conduct and earlier offences, level of maturity and physical and mental health.
The defendant‟s mentality and attitude needs to be examined, as well as motives for the
offence, whether the violation was committed on purpose, or perhaps out of carelessness, and,
if this was some kind of experiment, whether the defendant has voluntarily given up such
behaviour. If more than one person jointly committed the offence, the part each of them
played must be investigated as far as possible.
Article 55. People are under an obligation, if summoned, to assist the police for the benefit of
an investigation, on condition that they are able to do so without risk to life and limb and
without endangering their relations or others who are in their care. On a similar condition,
people are obliged to grant facilities or objects they have at their disposal to support an
investigation, for example houses and means of transportation. The defendant‟s closest
relations, as identified in Article 117 of this Act, are, however, exempt from the duties
described in this paragraph.
Contributions and other things provided for in accordance with para. 1 shall be paid for and
classified with other expenses relating to the case.
Article 56. The police compile a report on their investigations in each respective case, where
individual aspects of the investigation are identified and their results outlined. In so far as
suitable and relevant, the report should contain statements made by the defendant and
witnesses when questioned, cf. Articles 64 and 65, as well as the observations made by the
police themselves, the results of observations and expert investigations.
If it is thought possible that disclosing the identity of a police officer who compiles a report or
works on an investigation, might compromise his/her life, health and liberty, or endanger

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close relatives, cf. para. 1 or 2, Article 117, the person who directs the investigation may
decide to provide the police officer with a fictitious name or identifying mark for the purposes
of that particular investigation. It must be recorded at the same time which police officer is
involved, but the information will remain inaccessible to all except the head of the
investigation and the prosecutor, as well as the judge, provided the information is brought
before a court at a later stage.
The state prosecutor is authorised to lay down rules relating to the obligation of the police to
provide information on the investigation of a case, if desired. These rules would, among other
things, specify which items are to be disclosed when certain types of cases are under
investigation, and at which stage of the investigation this is to be done.
Article 57. When the police believe an investigation has been completed and evidence
disclosed which may lead to prosecution, they submit the evidence from the investigation to
the prosecutor, unless the chief of police is authorised to institute proceedings, in accordance
with paras 1 and 4, Article 24. The police also submit, together with the evidence, a report on
the investigation, in accordance with para. 1, Article 56.
The prosecutor can instruct the police to carry out further investigations, if necessary, cf. para.
3, Article 21 and para. 4, Article 23.
In the event that an investigation directed against a defendant has been closed because
evidence has been deemed insufficient to constitute grounds for prosecution, an investigation
cannot be reopened unless new evidence has emerged or is likely to emerge. If an
investigation against a defendant has been terminated, the police must inform him/her
accordingly and he/she is entitled to a written confirmation of this.
Chapter VIII. Conducting hearings during an investigation.
Article 58. The police conduct the hearings of a defendant and witnesses while a case is being
investigated, in accordance with the provisions of this chapter, cf., however, Article 59.
Anyone is obliged to reveal his name, identity number and domicile, when so required by the
police.
Article 59. A court hearing is conducted as part of an investigation in the following instances:
       a. regarding the victim, in the event the investigation is concerned with a violation of
          Chapter XXII of the general penal code and the person concerned has not reached
          the age of 15 when the investigation is initiated,
       b. regarding the defendant, the victim or other witnesses, if the police consider this
          necessary in order to clarify a case before the counsel for the defence is granted
          access to individual documents or other evidence pertinent to the case,
       c. regarding the victim or other witnesses, if they refuse to attend a police hearing or
          refuse to answer questions from the police, if it is to be expected that they will be
          unable to attend court during proceedings, or this procedure is considered desirable
          with a view to their interest, as for example, in the case of children.
With respect to a court hearing in accordance with para. 1, the provisions of Chapter XV
apply.
Article 60. If the police arrive on the scene of an offence and talk to eyewitnesses or other
witnesses, the police may compile a report of their statements without these statements being
confirmed by the persons in question.



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During other stages of an investigation, the police may, in a conversation with a witness,
obtain information from the witness relating to events linked to an alleged offence and include
this in a report in accordance with the stipulations of para.1.
The provisions of Articles 63–65 apply to hearings and the compiling of reports in accordance
with paras 1 and 2 as required by circumstances.
Article 61. In the event that a defendant has not been arrested, the police shall summon
him/her to a hearing and the person concerned must act upon the summons. If a defendant
under the age of 18 is to be summoned to a hearing with respect to an alleged violation of the
general penal code or other Articles of law, which may result in a prison term in excess of two
years, this must be reported to the child and youth welfare committee who can then send their
representative to attend the hearing.
If the police consider further hearings than specified in Article 60 necessary, with respect to a
witness, including the victim of an offence, they shall summon the witness to a hearing. The
witness may decline to act upon such a summons.
If the counsel for the defence and the legal counsel are entitled to attend the hearing, in
accordance with this Article, they shall also be summoned.
Article 62. The hearings of the defendant and witnesses, in accordance with Article 61, are
conducted behind closed doors. If possible, the hearings should take place at a police station,
or in other specially equipped facilities.
A hearing of a person must not be conducted for more than twelve hours out of every 24
hours. When a hearing has continued for four hours, albeit with short intervals, it is a legal
obligation, if the person being interrogated so wishes, to arrange for a longer interval, at least
for one hour, before proceeding further. In other respects, it must be ensured that the person
under interrogation is provided with enough rest and refreshments.
Each person is to be interrogated without others being present, whether a defendant or
witnesses, until it may be considered desirable to compare the testimonies of those who are
under interrogation. The comparison is conducted in such a way that two or more persons are
interrogated and questioned with respect to certain items where they have made conflicting
testimonies.
In addition to the police officer who is in charge of the hearing, the process must be attended
by a reliable and credible witness, if possible.
Article 63. The person being interrogated in accordance with Article 61 is, first of all, to be
requested to indicate their name, identity number and domicile.
The person under interrogation is entitled to be informed, when the case is advanced enough
to render this possible, whether he/she is being interrogated on the grounds of suspicion of
having committed a punishable offence, or whether he/she is being summoned as a witness.
Questions asked by the police must be clear and unambiguous. The person under interrogation
must not be confused by untrue statements or by other means, nor is it allowed to use any
form of illegal coercion, whether in word or deed.
If the counsel for the defence is present at a hearing, he/she may request the interrogator to
ask the person being interrogated about certain specific points. Similarly, the legal counsel,
who is present at a hearing, may request that the client should be asked about certain specific
items. If such requests are ignored, or if the counsel for the defence or the legal counsel feel
there are other sufficient reasons, they may demand the recording of a short comment on the
implementation of the hearing at its conclusion.

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In the event that the person under interrogation has insufficient skills in Icelandic, the police
shall summon a certified court interpreter or another qualified person to translate the
proceedings. If the person being interrogated is not able to conduct spoken communication,
the police shall, in a similar manner, summon a qualified person for assistance. The police
determine the remuneration of an interpreter or qualified person which is paid, together with
other expenses relating to their work, from the state treasury. As for their work and
qualifications in other respects, the provisions of Article 12 apply, as required by
circumstances.
Article 64. In the event that the issue under examination has not been reveal to a defendant,
he/she shall be informed of this matter at the beginning of the hearing, cf. para. 1, Article 28.
The defendant is not obliged to respond to questions with regard to punishable acts imputed to
him. The interrogator is under obligation to make this right absolutely clear to the defendant.
In the event that a defendant chooses to be interrogated on the issue under examination,
he/she must be reminded to tell the truth and withhold no information which may be material
to the case. The defendant may not be promised concessions or special rewards if he/she
testifies in a certain manner if such promises are illegal or that the police are not authorised to
make them.
The defendant must not consult counsel for the defence on how to respond to individual
questions. The defendant may, however, confer privately with counsel on his/her legal status,
on condition that this does not, in the opinion of the interrogator, interfere with the progress of
the interrogation. In the event that the defendant and the counsel for the defence hold
conflicting opinions, the interrogation shall nevertheless proceed. However, the counsel for
the defence is entitled to clarify his/her position by a short statement which is to be entered in
the record of the interrogation.
Article 65. If a witness, including the victim of an offence, is interrogated in accordance with
Article 61, he/she is obliged to answer questions and adhere to the truth, subject to criminal
liability, cf., however, para. 2. The interrogator shall remind the witness of this obligation.
A witness is authorised to decline to answer or, depending on the circumstances, not
authorised to answer individual questions if the conditions apply which are described in
Articles 117-119. The witness shall be reminded of these exemptions from the obligation to
testify, if circumstances render this appropriate.
A witness may request that his/her name, identity number and domicile, as well as other
information which might reveal identity, be excluded from a police report, if the witness
believes such information might involve a risk to his/her own life, health or freedom or that
close relatives might be exposed to similar danger if his/her identity were to be revealed, cf.
para. 1 or 2, Article 117. In this event, the information in question is to be preserved in such a
way as to be inaccessible to other people than the director of the investigation and the
prosecutor, as well as a judge in the event the report is eventually presented in court. The
witness is to be reminded of this right, if circumstances render this appropriate.
Article 66. When a defendant or a witness is interrogated, in accordance with Articles 61-65,
it is to be recorded on a special form, stating the location of the hearing, the name of the
interrogator, the name of the person being interrogated and which other persons are present.
Furthermore, the timing of the process should also be recorded, i.e. when the interrogation
commences, when it is concluded and in which manner it is conducted, cf. para. 2. Evidence
presented or shown to the person under interrogation and the person‟s comments, if any, must
also be recorded as well as those of the counsel for the defence or legal counsel, cf. para. 4,
Article 63.

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Other information presented in an interrogation shall be audio-recorded, videotaped or stored
on video disk if possible, but otherwise written down by the interrogator in a manner he/she
decides. This decision is to be made known to the person under interrogation and to others
present at the hearing. If statements are not audio-recorded or recorded by other means, it
shall be attempted to write down verbatim statements made by the person being interrogated.
At the conclusion of the hearing the person interrogated shall be given the opportunity to read
what has been written down as his/her statement. In the event that he/she wishes to correct
such a record, or include further explanations, this should be made possible in so far as
circumstances allow, by writing down his/her remarks, cf. para. 1.
After the completion of the hearing, the interrogator, the person interrogated and others
present, sign their names on a form, in accordance with para. 1. If the testimony of the person
interrogated has been recorded in writing, he/she also signs this report. The form, together
with the testimony of the person interrogated, is to accompany the investigative report
compiled by the police, in accordance with Article 56.
In the event that a witness has attended a police hearing without their name and other means
of personal identification being revealed, cf. para. 3, Article 65, this information must neither
be included in evidence according to para. 2, nor does the witness have to sign his/her name
in accordance with para. 3.
Article 67. The Minister of Justice includes in regulations further stipulations with regard to
the police paper file, the process of hearings, and the preservation of written records, audio-
recordings, videotapes and video disks which accompany the testimony of a person who has
been interrogated.
Chapter IX. The seizure of objects.
Article 68. Objects shall be seized, including documents, if it is to be expected that they, or
items or information they contain, are of evidentiary value in a criminal case, that they have
been obtained in a punishable manner or that they may be confiscated. It is not permissible to
seize objects in the event they contain information on communications between a defendant
and his/her counsel for the defence, as well as information specified in para. 2, Article 119.
If the option exists to ensure the preservation of evidence for the purpose outlined in para. 1,
without having to resort to the seizure of an object or a document, the owner or keeper of the
object in question is to be instructed to allow access to it, or provide information it contains,
e.g. by submitting a copy of a document or another source of information.
Article 69. The police is authorised to seize objects without a court ruling, cf., however, para.
2.
In the event that objects are in the possession or keeping of another person than the defendant,
and there is no imminent risk of such objects being lost or removed by stealth, seizure shall be
determined by the ruling of a judge, unless the clear agreement of the owner or keeper has
been obtained.
If the owner or keeper of an object which has been seized will not abide by that decision,
he/she may appeal the dispute to a judge. A demand for the lifting of a seizure will not,
however, postpone such an action.
Article 70. Letters or other consignments in the keeping of a postal or transport organisation
may be seized, as well as telegrams, faxes, emails or other consignments in the keeping of a
telecommunications concern. Such actions, however, must relate to the investigation of an
offence which, according to law, is subject to a prison term. If the sender and receiver have
not been present at the seizure, they must be notified as soon as possible, albeit in such a way

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that this will not impede the further investigation of the case in question. The examination of
the contents of letters, telegrams or consignments which have been seized according to this
paragraph, may only be carried out upon a ruling by a judge.
Printed matter may not be seized in preparation for confiscation without a prior court ruling in
accordance with the Printing Act.
Article 71. The seized objects are to be listed and securely kept. A copy of the list is to be
submitted on demand by the owner or by the person who has delivered objects.
Article 72. Seizure is to be lifted when it is no longer required and no later than upon the
conclusion of a case, unless the seized objects are:
       a. objects which have been confiscated by a court ruling,
       b. objects which have been obtained by means of punishable actions and have been
          delivered to their rightful owners,
       c. objects which have been presented as evidence in a case, unless the person who
          demands their return requires the item in order to obtain his right or to prevent the
          loss of a right.
When seizure is lifted in accordance with para. 1, the police shall undertake to return the
objects to their rightful owners or keepers.
Chapter X. Search and bodily examination.
Article 73. For the benefit of an investigation, it is permitted, without a court ruling, to close
buildings or storage locales, individual rooms or receptacles, fence off certain places or areas,
thereby forbidding access to them, ban the removal of objects from certain locations or areas
and take comparable measures to prevent the disturbance of a crime scene and other clues
which may be of use in the investigation.
Article 74. It is permitted to search buildings belonging to a defendant, storage locales,
receptacles, ships, aircraft, cars or other vehicles in his/her possession for the purpose of
arresting him/her, examine the proceeds of a crime and other clues or discover objects which
are to be seized.
It is permitted to search buildings, storage locales, receptacles or vehicles belonging to a
person other than the defendant when an offence has been committed there or the defendant
has been arrested in such a location. This also applies if substantiated suspicion exists that the
defendant occupies such locations, or that they contain objects to be seized.
The preconditions for a house search involve a substantiated suspicion that a punishable
offence has been committed by the defendant, and that obvious investigative interests are at
stake. It is a condition for a house search, furthermore, in accordance with para. 2, that the
investigation is directed towards an offence which may, by law, warrant a prison term.
Article 75. Search, according to Article 74, shall be determined by the ruling of a judge,
unless the clear agreement of the owner or keeper has been obtained, cf., however, paras 2
and 3.
Search is permitted, however, without a court ruling, if there is clear danger that waiting for a
ruling may cause destruction of evidence. Also if a person to be arrested is searched for and
pursued, or there is a risk that he/she may escape if a ruling is delayed.
Search without a court ruling is permitted in open spaces and in buildings or vehicles which
are open to the public, or which anyone may pass through without restriction, although the
provisions of Article 74 have not been satisfied.

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In the event that an interested party will not abide by the decision of the police to search a
building in accordance with paras 2 or 3, he/she shall be instructed of the right to appeal the
dispute to a judge. This, however, does not postpone the house search.
Article76. It is permitted to search the person of a defendant if considered necessary to
remove objects which are to be seized, since a substantiated suspicion exists that he/she has
committed an offence which may warrant a prison sentence according to the general penal
code, or a two year prison term, according to other laws. On the same condition, it is also
permitted to search the person of another than the defendant in cases where there is
substantiated suspicion that he/she is carrying objects which are to be seized.
If it is believed that a defendant has concealed internally within his body objects or substances
which are to be seized, it is permitted to carry out a search on condition that a substantiated
suspicion exists that the person has committed an offence which may by law warrant a prison
term of six years. Furthermore, a physician‟s opinion must have been obtained to the effect
that a search in accordance with this paragraph may be carried out with a view to the health of
the defendant.
A defendant‟s fingerprints may be obtained and photographs taken for the benefit of an
investigation. For the same reason, respiratory samples may be procured. Comparative
fingerprints may be obtained from all those who, due to their activities at the scene of a crime,
might have left their fingerprints there. This applies even though the person in question has
not engaged in acts punishable by law.
Article 77. It is permitted to obtain blood and urine samples from a defendant, as well as other
biological samples, and examine these, as well as carry out other types of physical
examination on the defendant in the interest of an investigation, as long as it is harmlessly
implemented. This is done on condition that a substantiated suspicion exists that he/she has
committed an offence which may, by law, lead to a prison term. It is also permitted to obtain
biological samples from persons other than the defendant and examine these on condition that
an offence warrants a two year imprisonment by law and a physician‟s opinion has been
obtained to the effect that such an examination may be safely conducted with regard to the
health of the person concerned.
If there exists doubt as to whether a defendant is legally competent or whether a punishment
can be effective due to his/her mental condition, if is advisable to subject him/her to a
psychiatric examination in order decide upon those aspects. A precondition for a psychiatric
examination is a substantiated suspicion to the effect that the defendant has committed an
offence which may, by law, warrant a prison term.
Article 78. Bodily examination in accordance with para. 1 or 2, Article 76 is to be determined
by the ruling of a judge, unless the person concerned has communicated express agreement.
Bodily examination according to para. 1, Article 76 is permitted, however, without a court
ruling, in the event of an urgent risk that waiting for a ruling will lead to the destruction of
evidence.
Bodily or psychiatric examination in accordance with Article 77 is to be determined by the
ruling of a judge, unless express agreement has been obtained from the person concerned.
Article 79. The police are in charge of house searches and the conduct bodily examinations
according to the provisions of this chapter. Bodily examination is to be carried out by a police
officer of the same sex as the person subjected to the examination. Searches according to para.
2, Article 76 and an examination by a physician, including a psychiatric examination, is to be
conducted by a doctor or another appropriately qualified person.


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The owner or keeper of premises or a vehicle where a search is carried out shall be informed
of the search warrant and given the opportunity to be present if possible. If he/she is absent,
his/her family members or staff present on location are to be summoned. Anyone who
impedes or interrupts the search may be dismissed from the location of the search. In the
event that no representative of the owner or keeper is present during the search, the police
must inform him/her of the search without undue delay.
During search and bodily examination, all due care and caution must be exercised which is
compatible with its objective. A house search must not be conducted during the night unless
urgent investigative interests are at stake.


   62. What are the competencies of the different forces (legal and administrative,
       geographical organisation, cross-regional co-operation, etc.)?
According to Article 7 of the Police Act No 90/1996 the geographical scope of police
functions is the following:
   1. Police officers shall have police powers in all parts of the country
   2. The working area of each police officer shall be the administrative area in which
      he/she is permanently or temporarily appointed, or employed, to work
   3. The Minister of Justice may decide that part of a police force shall engage in police
      work in all parts of the country. He/she shall set rules1) on the work of that police force
      and how it is to be commanded
   4. Exceptions from the provisions of paragraph 2 may be made in the following cases:
       a. [The National Commissioner of the Icelandic Police may decide, after consulting
          the police commissioner, that the police force in one administrative area shall, on a
          temporary basis, engage in police work in another administrative area, in which
          case he/she shall also decide who is to exercise command of it. In accordance with
          a proposal by the National Commissioner of the Icelandic Police, the Minister of
          Justice may make provisions on the systematic collaboration between police forces
          on the execution and direction of particular law-enforcement operations and the
          transfer of manpower between police forces in a specific area in order to protect
          public safety and maintain law and order. In addition, the minister may, in
          accordance with a proposal by the National Commissioner of the Icelandic Police,
          entrust police commissioners with specific law-enforcement operations outside
          their own administrative areas on a temporary basis if this is considered
          advantageous in terms of local conditions.]
       b. A police officer may cross the boundary of his/her working area in order to
          complete a police action that he/she has begun within it. In the same way, a police
          officer may execute police work outside his/her administrative area if the nature of
          the operation, or urgent necessity, so requires.
       c. A police officer who is at work but is travelling through another police
          administrative area may intervene in the conduct of persons he/she finds
          committing offences.
   5. A police officer shall inform his/her superior as soon as possible of measures he/she
      takes under paragraph 4 b and c. In the same way, the police commissioner of the
      relevant administrative area shall be informed of the measures taken by the police
      officer.

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   63. How are the police staffed and equipped and how are they financed (quantitative
       overview of staff, buildings, equipment, communication tools, hard- and
       software, etc.). Is an integrated computer-based investigation system available? Is
       an integrated crime intelligence system available?
The Icelandic police is staffed by 756 police officers, who are divided in 15 districts, with
total of 63 police stations, as well as the National Commissioner of the Icelandic Police and
the Icelandic National Police College. The Icelandic police is an unarmed police, meaning
that the ordinary police officer does not carry firearms on a daily basis. Police officers are
trained in using firearms and have access to firearms in police stations. The National
Commissioner of the Icelandic Police operates a Special Weapons and Tactics unit that
provides supports to district police when needed.
The police stations are equipped with modern equipment and communication tools. The
National Commissioner of the Icelandic Police operates a 24/7 national Command and
Control unit that supports police activities. The back-bone for police communications is
TETRA digital radio. (Terrestrial Trunked Radio (TETRA) is a digital trunked mobile radio
standard developed by the European Telecommunications Standards Institute (ETSI)). Every
police officer is equipped with a handheld TETRA station and each of the 168 police vehicles
is also equipped with TETRA stations linked with a fleet management system giving location
based information.
The National Commissioner of the Icelandic Police is responsible for operation of police data
central and various police information systems. The police have had a central computer-based
investigation and intelligence system in operation since 2002.


   64. Please describe the training system for police officers. Which training facilities
       and training programmes exist (schools, training content, target groups,
       knowledge networks, special skills, assessment of on-going development
       training)?
The Icelandic National Police College is the only official training institution for police
officers in Iceland and it covers training for all recruits and police officers in Iceland. The
college is an independent institution under the Minister of Justice and Human Rights and has
the same relation to the National Commissioner of the Icelandic Police as the regional
commissioners‟ offices.
The college has two training divisions, basic training division for recruits and further training
division for police officers.
The basic training of the Icelandic National Police College is for 16 months, divided into
three terms. The first term consists of four months, where students are unpaid and not
considered official police officers yet. After passing the first term, students move on to the
second term, which consists of eight months of paid internships provided for by the National
Commissioner of the Icelandic Police. During the internship, students work shifts and are
paid according to the relevant wage contracts of the Police Federation of Iceland and the
Ministry of Finance. After concluding the internship, the student moves on to the third term.
The term consists of four months theoretical studies and is concluded with final exams. Only
those who pass the final exams can graduate to become Police Officers. During the third term
students are paid according to the relevant wage contracts of the Police Federation of Iceland
and the Ministry of Justice and Human Rights.

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Each year there is a quota for available positions in the basic training division. This quota is
dependent on the need for new police officers. As an example, 32 individuals started the
basic training division in January of 2009. Each individual applying for the basic training
division must fulfil the following conditions:
    Be an Icelandic national aged 20 to 40 years
    Have a clean criminal record; this can however be waived if the criminal
     offence was a minor one or it was committed a long time ago
    Be mentally and physically healthy, and pass a medical exam
    He/she must have concluded a two year basic programme of college studies or
     other comparable studies, or comparable internship, good knowledge of the
     Icelandic language as well as English, have a general licence to drive and be
     able to swim
    Pass a preliminary examination according to the requirements of a selection
     committee, with emphasis on Icelandic and vigour
The subjects taught at the basic training division are the following: Law, Police Studies,
Languages and Specialities, Training and Vocational Exercises.
The facilities at the Icelandic National Police College are good, the housing has classrooms
with all necessary utilities as well as a gym and facilities for training and vocational exercises.
The further training division consists of seminars on different subjects, and the selection of
seminars varies between years. For the educational year of 2009 the following seminars were
offered:
      A seminar for would-be police investigators
      Interrogation – recording, technique and presentation of documents
      The Code on Criminal Procedure No 88/2008
      Priority driving
      Respiration samples
      Personal Checks at borders – Foreigners
      EU-training day
      Other seminars
The Icelandic National Police College signed an Association Agreement with CEPOL in June
of 2006.


   65. Is there training tailored to the fight against specific types of crime?
In the further training division of the Icelandic National Police College courses and seminars
are held to improve the knowledge of police officers and the lawyers of the police.
See further information in Question 24:64.


   66. Is there functioning co-operation with liaison officers in third countries? If yes,
       where do such liaison officers exist?
There is functioning cooperation with liaison officers in third countries. Iceland is a member
of PTN (police and customs cooperation in the Nordic countries) and has access to common
liaison officers through that cooperation to Liaison Officers in the following third countries:
Albania, China, Dubai, Kosovo, Morocco, Pakistan, Russia, Serbia, Syria, Turkey, Thailand
and Ukraine.


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   67. What are the current and future priorities of the police? What is the method for
       assessing priorities?
The current and future priorities of the Icelandic police are stated in the National Police Plan
2007-2011 which was published in May 2007. The priorities of the Icelandic police until 2011
are as follow: Secure a safe society; Reduce crime, especially violence and narcotic offences;
Improve the services of the Police so they can adjust to the needs of individuals and society as
a whole; Strengthen investigations, improve the quality and increase the speed of
investigations; Improve the service provided to victims and witnesses; Strengthen economic
and financial investigations and improve the use of electronic methods when investigating;
Work together with others to reduce crime and to systematically prevent crime among young
offenders; Take the necessary measures along with District Police Commissioners to enhance
the visibility of the Police and increase the sense of security among the public; Fight
organised crime; Improve the knowledge and competencies of the Icelandic police to be better
able to protect the public; Make the police more capable to deal with national emergencies;
Improve relations with neighbouring countries in the field of law enforcement.
The assessment of priorities within the police are made with statistical analysis and risk
assessment by the National Security Unit at the National Commissioner of the Icelandic
Police, as well as analysis of statistics on crime development in respective police districts and
assessment of information provided by international partners such as Europol or Interpol.


   68. Does a code on police ethics exist? How is it enforced?
The National Commissioner of the Icelandic Police introduced a Codes of Ethics for the
Police in 2003. The Code is based on the European Code of Police Ethics; Recommendation
Rec (2001)10 of the Committee of Ministers to member states on the European Code of
Police Ethics.
In early 2004 the National Commissioner of the Icelandic Police appointed a task group that
proposed, among other things, a study on the circumstances that allow corruption to take
place in society in general terms and also within the law enforcement system. The focus was
on examining the circumstances in Iceland and to propose measures on grounds of this study
to prevent corruption. The findings of a research project about the honesty among police
officers were published in December 2005.
Police cadets receive education about measures against corruption and the integrity of the
Icelandic police is introduced to them, as well as the consequences of breaches of conduct.
Every year for the last three years, police cadets have taken part in a survey measuring
honesty. A detailed report about the honesty of police cadets is expected in the spring of 2010.
District Police Commissioners can contact the Office of the National Commissioner of the
Icelandic Police for guidelines on determining the implementation of disciplinary measures in
order to ensure coordination of such measures. According to Article 35 of the Police Act No
90/1996, the Director of Public Prosecutions investigates instances of alleged punishable on-
the-job offences by police officers.




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   69. What is done in the field of crime prevention? How is this linked to the threat
       assessment model and identified priorities?
Crime prevention is one of the current priorities of the Icelandic police. Since 2005 the
emphasis has been changing from preventive work with children to more hard core crime
prevention by using the problem oriented policing mode (POP). Since 2005 the POP methods
have been introduced to the police districts and a course is now taught at the Police College
about crime prevention. It is imperative for crime prevention is to have reliable data which
can be analysed. The whole police force has access to a central collective database to register
local police-cases and assignments, and in addition to that access to police data has been made
more accessible to police officers around the country. The National Commissioner of the
Icelandic Police (NCP) can assist police districts to set up a POP model. The NCP can also
provide police districts with in-depth data analysis if requested. A department within the
Metropolitan Police has the main role to analyse data and identify hot spots so that the
Metropolitan Police can be proactive and prevent more crimes occurring in that area.


   70. What kind of co-operation exists with international police co-operation bodies?
       How is this co-operation organised?
The Icelandic police take active part in international police cooperation (see Question 24:71
below).
The organisation of this international co-operation is done through an integrated contact point
with the exception of Frontex. All message handling for international co-operation is handled
by the International Division of the National Police Commissioner. The District
Commissioner of the Suðurnes District (Keflavik International Airport included) is
responsible for the co-operation with Frontex.


   71. Which international instruments concerning the police are adhered to and
       implemented (Council of Europe, UN, Interpol Convention etc.)?
Iceland is a member of the following Police Organisations: Europol, Interpol, PTN (Nordic
Police - Customs cooperation), Baltic Sea Task Force and Frontex. The participation of
Iceland in these organisations is based on agreements entered into by the Icelandic authorities.
The following multilateral agreements have been implemented by the Icelandic authorities.
          European Convention on Extradition, in force since 1984
          European Convention on Mutual Assistance in Criminal Matters, in force since
           1984
          Single Convention on Narcotic Drugs, from 17 January 1974
          Convention on Offences and Certain Other Acts Committed on Board Aircraft, in
           force since 1970, C 11/1970
          European Convention on the International Validity of Criminal Judgements, in
           force since 1993, C 22/1993
          Convention on Psychotropic Substances, in force since 1976, C 19/1976
          Convention for the Suppression of Unlawful Acts against the Safety of Civil Avi-
           ation, in force since 1973, C 13/1973
          Nordic agreement on mutual judicial assistance, in force since 1975, C 11/1975

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          European Convention on the Suppression of Terrorism, in force since 1980, C
           14/1980
          European Convention on the Control of the Acquisition and Possession of Fir-
           earms by Individuals, in force since 1984, C 10/1984
          International Convention against the Taking of Hostages, in force since 1983, C
           3/1983
          Convention for the Protection of Individuals with regard to Automatic Processing
           of Personal Data, in force since 1991, C 5/1991
          Convention on the Transfer of Sentenced Persons, in force since 1993, C 21/1993
          Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
           Punishment, in force since 1996, C 19/1996
          European Convention on Spectator Violence and Misbehaviour at Sports Events
           and in particular at Football Matches, in force since 1986, C 3/1986
          European Convention for the Prevention of Torture and Inhuman or Degrading Tr-
           eatment or Punishment, in force since 1990, C 19/1990
          United Nations Convention Against Illicit Traffic in Narcotic Drugs and
           Psychotropic Substances, in force since 1997, C 18/1997
          Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from
           Crime, in force since 1998, C 19/1997
          Criminal Law Convention on Corruption, in force since 2004, C 4/2004
          The Schengen cooperation since 2000
          International Convention for the Suppression of the Financing of Terrorism, in
           force since 2002, C 23/2002


   72. What is your capacity to participate in Europol?
Iceland is a member of Europol since May 2001 based on a special agreement between the
Government of Iceland and Europol. From February 2008 Iceland has had a Liaison bureau in
the headquarters of Europol staffed with one Icelandic Police officer. This has led to
increasing co-operation between Europol and Icelandic Law Enforcement authorities.


   73. What information tools exist and are used (databases (owner, content, access);
       data registers, on-line sources etc.)? Describe how police officers access these
       tools. What are the regimes in place for ensuring data quality within the
       databases and systems?
The police use one collective database to register local police-cases and assignments. Only
certified specialists are allowed to access the database directly. Police officers and other staff
of the police use a specially designed programme to insert and edit data to the database. The
National Commissioner is responsible for this database and has published rules regarding the
use of the programme and updating data, stating that the District Commissioners are
responsible for keeping the information in the police cases up to date.
In addition to LÖKE, all police officers have access to the Schengen Information System.


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   74. What information equipment is used (fax, phone, radio communication, beepers,
       pagers, data networks, etc.)?
90% of the police is connected to VoIP telephone system on a closed Wide Area Network
(WAN). Furthermore the police use TETRA radio system and in some cases Blackberry GSM
telephones to send and receive e-mail in the field, as well as looking up data from the
National Registry, Vehicle Registry and Driving License Registry. All police districts are
connected to a central computer and data-centre at the National Commissioner.


   75. What are the modalities of and conditions for co-operation of the police with
       other public security bodies (customs, security and intelligence services)?
There is an agreement between the Icelandic Police and the Customs services in relation to
narcotic offences. The condition for that cooperation is based on the role and duties of both of
these organizations, which is to tackle narcotic offences, sellers and users and hinder the
importation of narcotics to Iceland. Furthermore, there is an extensive cooperation agreement
in place with other security bodies, such as the Icelandic Coast Guard and the Customs
authorities.
There are no intelligence services in Iceland.


   76. In order to exchange information and collect offence related data different
       categories of offences can be structured in an offence classification system. Please
       provide a short description of the classification system(s) in use and the name of
       the authority in charge. Is it embedded in any IT system? Since when has it been
       used to produce crime statistics (year)?
Offences are classified into three main categories in the Police database, “Violation of the
General Penal Code”, “Violation of the Traffic Law”, “Violation of other law”. The National
Commissioner of the Icelandic Police is responsible for the Police database and employs
police officers with extensive computer knowledge and IT experts to maintain the database.
The General Penal Code, the Traffic Act and other legislation have chapters where specific
offences are illustrated. For example, chapter XXIII in the General Penal Code covers
manslaughter and assaults, cf. Articles 211-224. Therefore when a police officer is recording
or gathering information, he can find the Code within the Police database, then name of the
chapter (manslaughter and assault) and then the offence according to a specific Article, for
example Article 217, which is a minor assault.
This classification is embedded in the main IT-system for case-handling and has been in use
for 15 years.


   77. Do you collect data on police-recorded crime, convictions, police numbers and
       prison population? If yes, please provide information about the type and the
       quality of the data. What methods do you use for the collection? If possible please
       provide crime statistics for the years 2006 to 2008 for the categories presented in
       Crime Statistics in Focus published by EUROSTAT.
The National Commissioner of the Icelandic Police (NCP) is responsible for the Police
database which contains information about all recorded crime in the country. The NCP is also
responsible for the staff database about police officers, their rank, term and conditions etc.
The Public Prosecutors are responsible for publishing information on convictions.

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The Prison Authorities, i.e. the Prison and Probation Administration, are responsible for
keeping a database on the prison population. Please refer to Annex 24:77 for a breakdown of
those numbers for the years 2006-2008.
Police data is recorded by a police officer when an incident is reported or when the police is
carrying out their respective tasks. There is a handbook for police officers who use the Police
database. The instructions should secure that all police officers register the same criminal
offences in accordance with the guidelines put forward in the handbook.
Below is up-to-date information on the number of crime reported to the police in certain
categories from 2006 to 2008.


Table 1. Number of crime reported in certain categories 2006-2008


                                     2008          2007        2006
Murder                                        0            2           0
Manslaughter                                  2            4           7
Aggravated assault                          214       196         217
Robbery                                      43           42          50
Aggravated larceny (total count)           7,063     5,370       5,822
a. Breaking and entry                      2,731     2,277       2,365
b. Theft                                   4,332     3,093       3,457
Sexual crime                                368       349         281
Crime of narcotics                         1,590     1,847       2,098
Crime inflicting damage to
property                                   3,032     3,240       3,472


Publishing information on convictions - the Director of Public Prosecutions
The procedure is that the Director of Public Prosecutions issues an annual report, which is
also electronically accessible on the website of the Office of the Director of Public
Prosecutions. The report contains statistical information on the number of cases addressed by
the office and on the case results. Cases are categorized in the report on grounds of the type of
offence. The report discusses the total number of cases, the number of indictments, the
number of postponed indictments, the number of non-prosecutions and the number of cases
that are dropped. Additionally, cases are analyzed on grounds of their conclusion by the
commissioners of police, who used to be 26, but reduced to 15 in 2007. Statistical basic
information comes from the National Commissioner of Icelandic Police, whereas the Social
Science Department of the University of Iceland prepared the tables and categorized the
information. This work is now carried out by the Office of the Director of Public
Prosecutions.


   78. Have you participated in any international victimization survey the last 10 years?
       Please identify. Have you ever had a national victimization survey? If yes, please

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       provide information about the content (crime types involved) and the
       methodology.
Iceland took part in the International Crime Victims Survey (ICVS) for the first time in 2004.
In 2008 the National Commissioner for the Icelandic Police along with the Metropolitan
Police created a national victimization survey. The survey has now been carried out twice for
the whole country, in 2008 and 2009. The national survey is based on the international survey
but with certain amendments. It is shorter and includes questions that are particularly relevant
for Iceland. It is funded by the police and the report is made by experts working for the Police
but Capacent/Gallup is responsible for carrying out the survey and collecting the data.
The national victimization survey is based on twelve questions. The first two questions are
about the Police and how well they are doing “in your” neighbourhood and whether they are
available. Question three is about what is the main problem “in your” neighbourhood.
Question four is about how safe “you are” in your neighbourhood at night. Question five is
about how safe “you are” in the city centre of Reykjavik at night during weekends. Question
six is about whether “you have” ever been in those kinds of circumstances that might have
lead to a crime being committed. Question seven, is about what crime “you fear” the most to
become a victim of. Question eight is about whether “you have” been a victim of a theft,
assault, damages to property or a sexual offence. Question nine is for those that said yes to
any of the four crimes in question eight, and whether they reported it to the police. Question
ten is about whether you contacted the police because of any other reasons. Question eleven is
about how happy or unhappy you are with the service that the police offered you. The last
question is about how visible the police was “in your” neighbourhood.
The survey is a stratified sample of 4,150 individuals, randomly picked. The sample is
stratified because the country is divided up into six regions. The largest region is the
Metropolitan area and the sample there is 2,000 individuals. The five smaller regions have a
sample of about 400 individuals. The data is weighed to make the sample accurately reflect
the population with regard to residence.


   79. Are performance indicators or benchmarks available to assess the quality of
       police activities? In the absence of such data, how is police performance
       evaluated?
In the National Police Plan 2007-2011 it is stated that the Police will evaluate its performance
systematically every year based a pre-defined criteria to ensure that the Police, the
government and the public can analyse the results and identify what improvements are
needed. There are three main performance indicators which the Icelandic Police uses to
evaluate and measure its performance.
The first performance is about reducing crime, especially enrichment offences, assaults and
sex offences. The frequencies of these specific crimes are on a yearly basis assessed by
analysing police data. Within this performance category, people‟s experience with crime is
assessed by conducting a yearly national crime victim survey.
The second performance measurement is based on data gathered from the national crime
victim survey. The performance being evaluated is the service of the police to victims of
crime, the fear of crime among the public and peoples‟ attitude towards the police; is the
police doing a good job or not. Also trust is measured in a survey is conducted by
Capacent/Gallup.



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The third performance measurement is about projects and specific deadlines for them to be
implemented.
A yearly report is published on how the police are doing based on these performance
indicators.


   80. What are the tools for career development? How is the performance of the
       individual police officer assessed?
The National Commissioner of the Icelandic Police introduced a nationwide performance
review for police officers in 2008. The review is to take place once a year between an officer
and a superior officer. The review is basically a conversation where the performance of the
officer is discussed from both perspectives. The officer is there to get a feedback on how
he/she has been performing in the last twelve months.
Before the performance review takes place, both the officer and his/her superior will prepare
and evaluate the projects which the officer has resolved in the past twelve months. At the end
of a review, the officer and the superior will sign a document which states exactly how the
officer has performed, but also what his/her goals are for the next twelve months. Both need
to agree on this; else the matter will go to a senior police officer or a human resource manager
to resolve.
The performance review is divided into seven topics. First, the last review is discussed.
Second, important goals for the department in the next twelve months are discussed. Third,
projects that have been carried out in the last twelve months are discussed. Fourth, future
projects ahead discussed and fifth, the job description is updated. Sixth, personal goals for the
next twelve months and seven, a programme for personal development and education is
agreed.


   81. Which information do you store and, if yes, who has access to the following data:
As mentioned in Question 24:73 all police officers in Iceland have access to the Schengen
Information System. The following is based on information stored in LÖKE.
a) data on persons wanted for extradition;
Data on persons wanted for extradition is not stored in the local database.
b) data on third country nationals to whom entry was refused;
Data on third country nationals to whom entry was refused is not stored in the local database.
c) data on missing persons;
Data on missing persons is stored in a database. Access is granted to all police officers and
special civilian staff.
d) data on persons to be placed under police protection for their own protection or to
prevent threats;
Data on persons to be placed under police protection for their own protection or to prevent
threats is not stored in the local database.
e) data on witnesses, on persons summoned to appear before judicial authorities and on
persons who are to be served with a criminal judgement or summons to report in order
to serve a penalty involving deprivation of liberty;


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This kind of data is stored. Access is granted to all police officers and special civilian staff.
f) data on persons (or vehicles used) for discreet surveillance or specific check where
there is clear evidence the person concerned intends to commit or is committing
numerous and extremely serious criminal offences or, based on an overall assessment,
reasons to suppose that extremely serious criminal offences will be committed in the
future;
This kind of data is stored. Access is granted to all police officers and special civilian staff.
g) data on convicted persons (of Icelandic nationality, European citizens, third country
nationals)
This kind of data is stored. Access is granted to all police officers and special civil staff.
h) data on objects for the purposes of seizure or use as evidence in criminal proceedings
(stolen misappropriated or lost vehicles, firearms, blank and issued official documents,
vehicle registration certificates, number plates and banknotes).
This kind of data is stored. Access is granted to all police officers and special civilian staff.


    82. Please provide information on national legislation or other rules governing this
        area, and their adhesion to relevant European legislation and international
        conventions.
The Act on Data Protection No 77/2000 governs this area along with the Regulation on
Personal Information Handled by the Police No 322/2001.


    83. What particular types of crime, especially organised crime, does your country
        have to deal with? Please provide a description of the issues and any available
        statistics.
Organised crime is a growing phenomenon in Iceland. While hitherto mostly related to drug
trafficking the organized criminality has been expanding its operations in Iceland in recent
years.
Drug trafficking is the single most serious aspect of organised crime in Iceland. The market is
lucrative seeing as prices are high. While the drug market is mostly run by Icelandic
individuals, criminal groups from Eastern Europe, Lithuania and Poland in particular, have
established themselves in the past few years. East European groups operating in Iceland
mainly focus on drug trafficking, especially amphetamines, as well as being active in terms of
organised theft and burglaries.
Domestic criminal groups smuggle drugs into the country. The drugs are brought to market
from various countries, mainly Brazil, Denmark, Germany, The Netherlands and Spain.
Reykjavik and its surroundings is by far the biggest drug market in Iceland.
Because of profound changes in the economic environment less emphasis is placed on
expensive drugs such as cocaine and more on amphetamines and marijuana. Nearly all the
marijuana on the market is grown in Iceland. This year the Icelandic police have uprooted a
number of “factories“ in which highly organised production of marijuana was taking place.
A great increase in burglaries has been recorded since the collapse of the Icelandic financial
system in October 2008. A number of organised groups of burglars and thieves, comprised of



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foreign nationals residing in Iceland, have been dissolved. Indigenous groups are also
involved in organised theft and burglaries.
The Outlaw Motorcycle Group Fafnir MC-Iceland has established ties with Hells Angels
chapters in Scandinavia, mainly in Norway. The group is now accepted as a supporters club
(“prospects” in Hells Angels parlance) and is scheduled to become a fully recognised chapter
in 2010. The Icelandic club is involved in debt collecting and makes use of intimidation,
threats and violence in order to carry out its tasks. Some group members are also linked to
drug trafficking.
Iceland is allegedly mainly a transit country and to some degree a destination country. There
are no confirmed cases of Iceland being a country of origin for victims of human trafficking,
in the sense that victims are sent from Iceland to other countries.
There are no available statistics on the above mentioned types of crime. However, with the
implementation of the Palermo Convention this will hopefully change.


   84. Specify if there is a proven international dimension of organised crime in your
       country.
Reference is made to Question 24:83. Narcotics are brought to Iceland from abroad. This
often entails the use of foreign nationals as couriers.
Icelandic criminals have established cooperation with the criminal underworld in other
countries. Signs are that this type of cooperation is growing. Foreign female nationals are
brought to the country as sex workers.
Organised criminal groups formed by foreign nationals residing in Iceland are active in the
country. This applies to both drug trafficking and organised theft and burglaries. Goods these
groups obtain illegally are in many cases shipped to Eastern-Europe.
The Hells Angels Motorcycle Club (HAMC), an international motorcycle gang, has
established its presence in Iceland. A supporters club, comprised of Icelandic nationals, is
active in the country.


   85. What are the main elements of your policy dealing with organised crime?
In tackling organised crime authorities in Iceland adhere to the Europol definition of the
phenomenon. Organised crime is battled in a number of ways. Seeing as this phenomenon
(apart from drug trafficking) is relatively new in Iceland, emphasis is placed on efforts to
counter it in its opening stages. Thus the police have proved quite successful in tackling
groups of people / individuals involved in organised theft and burglaries. The same can be
said of efforts to uproot organised cultivation of marijuana.
The authorities have followed a strict policy of battling motorcycle gangs by all available
means according to the law. This policy has e.g. involved denying foreign members of the
Hells Angels organisation the right of entry on arrival in Iceland. A special steering group,
formed by the National Commissioner of the Icelandic Police in 2008, is tasked with
gathering information about Outlaw Motorcycle Gangs in Iceland and coordinating efforts by
relevant government bodies to tackle this problem.
In 2007 a National Security Unit (NSU) pertaining to The National Commissioner of the
Icelandic Police, was established. The unit is tasked with analysing organised crime in Iceland
and to issue forward-looking-assessments in this field of law enforcement.

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   86. Is there a system allowing for confiscation/seizure of proceeds from crime? Who
       is competent for the confiscation/seizure?
Icelandic law allows for confiscation/seizure of proceeds from crime. A decision to that effect
is left to the courts.
Further information on confiscation may be found in Section VII of this Chapter.


   87. Describe the specific institutions/bodies/departments/court chambers set up to
       fight organised crime (including data on staff, budgetary allocations and
       equipment in this area). How do you ensure special training of law enforcement
       officers including prosecutors and judges in this area?
Various police departments tackle organised crime in Iceland. Most of them pertain to the
Reykjavik Metropolitan Police force. Serious economic crime is investigated and prosecuted
by the National Commissioner of the Icelandic Police.
In 2007 a National Security Unit (NSU), pertaining to the National Commissioner of the
Icelandic Police, was established. It is tasked with analysing organised crime in Iceland and to
issue forward-looking-assessments in this field of law enforcement. The unit is small,
comprised of four people, three police officers and one analyst. The unit was established
without a special budgetary allocation.
A considerable number of Icelandic police officers fighting organised crime have received
specialised training abroad, mainly in Europe but also in the United States.
For further information on the training of judges and prosecutors see Question 23:16.


   88. How do you co-operate internationally in fighting organised crime and how do
       you ensure national coordination in this combat? How do you co-operate with the
       private sector, notably the banking sector?
In recent years authorities have placed considerable emphasis on international co-operation in
order to fight organised crime. As has been noted in questions 85 and 87, National Security
Unit (NSU) was established in 2007. It has established co-operation with international bodies
such as Europol and national agencies in a number of countries tasked with battling organised
crime. This form of co-operation is also carried out within the NATO framework.
Of special importance to Iceland is the co-operation established with other Nordic countries
and with Europol where Iceland now has a liaison officer. These modes of co-operation have
proved useful in battling drug trafficking and Outlaw Motorcycle Gangs, most notably the
Hells Angels network.


   89. What are the main forms of trafficking (human beings, drugs, etc.) and
       smuggling?
Trafficking in human beings
Iceland is allegedly mainly a transit country and to some degree a destination country. There
are no confirmed cases of Iceland being a country of origin for victims of human trafficking,
in the sense that victims are sent from Iceland to other countries.


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According to a report issued by the National Commissioner of the Icelandic Police regarding
organised crime and the risk of terrorism from February 2009, organised prostitution seems to
be practised in Iceland and is often linked with trade in illegal drugs. The report indicates that
Iceland seems to be primarily a transit country as regards the smuggling of people. Most of
the cases with which the above parties are familiar and which indicate human trafficking
involve the sex industry and, in a few cases, forced labour.
The problem of human trafficking has mainly been linked to the operation of strip clubs, on
one hand, and to prostitution on the other. In addition, consumption of child pornography over
the internet is identified as a growing problem in Iceland. Both of these operations, i.e. strip
clubs and prostitution, are upheld mainly through the exploitation of young women of foreign
origin.
Drug trafficking
Drug trafficking is the single most serious aspect of organised crime in Iceland. The market is
lucrative seeing as prices are high. While the drug market is mostly run by Icelandic
individuals, criminal groups from Eastern Europe, Lithuania and Poland in particular, have
established themselves in the past few years. East European groups operating in Iceland
mainly focus on drug trafficking, especially amphetamines, as well as being active in terms of
organised theft and burglaries.
Domestic criminal groups smuggle drugs into the country. The drugs are brought to market
from various countries, mainly Brazil, Denmark, Germany, The Netherlands and Spain.
Reykjavik and its surroundings is by far the biggest drug market in Iceland.
Because of profound changes in the economic environment less emphasis is placed on
expensive drugs such as cocaine and more on amphetamines and marijuana. Nearly all the
marijuana on the market is grown in Iceland. This year the Icelandic police have uprooted a
number of “factories“ in which highly organised production of marijuana was taking place.
For further information see Question 24:83.


   90. What are the estimated volumes and value of different categories of illegal
       trafficking?
An estimate of the volumes and value of different categories of illegal trafficking is unknown
in Iceland.


   91. Please describe your national legislation on trafficking in human beings (see also
       questions under Political Criteria).
Particular aspects of the complex violations that as a whole are referred to as human
trafficking have long been punishable; these include violations such as deprivation of
freedom, unlawful coercion, deception and threats. Furthermore, such violations may also
involve violations of other legislation, such as the Act on Foreigners No 96/2002, and the
provisions of the General Penal Code No 19/1940 relating to prostitution (Article 206).
The General Penal Code was amended in 2003, thus inserting a special provision (Article
227a) against human trafficking. Iceland prohibits trafficking for sexual exploitation, forced
labour and removal of organs through Article 227a. Punishments prescribed for trafficking
under the Article extend up to eight years‟ imprisonment. For further information reference is
made to the following Article 227a.


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       “Article 227 a.
       Anyone becoming guilty of the following acts for the purpose of sexually using a
       person or for forced labour or to remove his/her organs shall be punished for
       trafficking in human beings with up to 8 years imprisonment:
       1. Procuring, removing, housing or accepting someone who has been subjected to
       unlawful force under Article 225 or deprived of freedom as per Article 226 or threat as
       per Article 233 or unlawful deception by awakening, strengthening or utilizing his/her
       lack of understanding of the person concerned about circumstances or other
       inappropriate method.
       2. Procuring, removing, housing or accepting an individual younger than 18 years of
       age or rendering payment or other gain in order to acquire the approval of those
       having the care of a child.
       The same penalty shall be applied to a person accepting payment or other gain
       according to clause 2, para. 1.”


Ratification of the Palermo Protocol requires a further amendment of the Article above. The
Minister of Justice and Human Rights submitted a legislative bill on an amendment to the
General Penal Code during the 137th legislative session of Althingi (extraordinary summer
session in 2009). The bill contains various amendments to Article 227a. Due to heavy
workload within Althingi the bill was not passed as Law. It is however expected that the bill
will be passed before the end of the year 2009.
Article 206 of the General Penal Code was amended in April 2009, criminalizing the purchase
of prostitution. For further information reference is made to the following Article 206 as
amended.
       “Article 206
       Anyone engaging in prostitution for own upkeep shall be subject to imprisonment for
       up to 2 years.
       Anyone having his/her employment or upkeep from the unchasteness of others shall be
       subject to imprisonment for up to 4 years.
       It is subject to the same penalty to allure, encourage or assist youths under the age of
       18 years to sustain themselves by means of unchasteness.
       It is also subject to the same penalty to support that any person move away from this
       Country or to it for the purpose of his/her deriving his/her upkeep from unchasteness if
       the party concerned is younger than 21 years or he/she is unaware of this purpose of
       the trip.
       Anyone supporting by means of alluring, encouraging or intimidation that others have
       carnal intercourse or other sexual intimacy against payment or making unchasteness a
       source of earnings, such as by the leasing of accommodation or other means, shall be
       subject to imprisonment for up to 4 years, but fines or imprisonment for up to 1 year in
       case of mitigating circumstances.
       Any person who pays, or promises to pay or render consideration of another type, for
       prostitution shall be fined or imprisoned for up to 1 year.




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       Any person who pays, or promises to pay or render consideration of another type, for
       prostitution involving a child under the age of 18 years shall be fined or imprisoned
       for up to 2 years.”
Action 6 of the National Action Plan on Trafficking in Human Beings stipulates that the Act
on Foreigners No 96/2002, should be amended so that a special category of residence permits
should be instituted for the victims of human trafficking during a reflection period.
The Act on Foreigners No 96/2002 provides for a possibility to grant a temporary residence
permit on the basis of humanitarian considerations, cf. Article 12 f.


   92. Does a National Programme on Combating Trafficking in Human Beings exist in
       your country? If so, please describe the main elements.
The Government adopted its first National Action Plan against Trafficking in Human Beings
on 17 March 2009. It lays down the priorities of the Government with regard to combating
trafficking in human beings.
The objective of the Plan is to enhance coordination between parties in dealings with
trafficking in human beings in order to prevent human trafficking in Iceland, and to further
study trafficking in human beings. Furthermore, it specifies actions that are aimed at
prevention and education regarding this matter and to ensure that aid and protection to victims
is provided. Emphasis is placed on actions that aim at facilitating the prosecution of the
perpetrators. At the same time, the intention is to initiate necessary legislative amendments
The priorities include: (a) the ratification of the Palermo Protocol and the Council of Europe
2005 Convention on Action against Human Trafficking, and the legislative amendments the
ratifications require; (b) the establishment of a supervisory specialist and co-ordination team;
(c) the establishment of a specially trained police unit to investigate alleged cases of human
trafficking; and (d) education and training of various professional groups that may encounter
possible victims of human trafficking in their work.
One of the main factors in the National Action Plan is the establishment of the a specialist and
co-ordination team to supervise matters regarding human trafficking in Iceland and ensure
that the alleged victims of human trafficking, including children, are provided with assistance,
a safe refuge and protection. The members of the team will include non-governmental
associations that provide aid to the victims of violence, the police and representatives from
the relevant ministries. The tasks of this team include providing training for professionals and
civil servants who are involved in matters relating to trafficking in persons, an educational
campaign with the goal of preventing young males from becoming consumers in the sex
market, supervision of research and the registration of cases of human trafficking.
Furthermore, a number of actions are aimed at increasing police specialization, in order for
the police to be better prepared to conduct investigations into trafficking in human beings,
prostitution and child pornography.
The Action Plan is divided into the nine following chapters, containing 25 Actions:
   (1) Ratification of international treaties and harmonisation of Icelandic legislation
   (2) Specialist and co-ordination team and the supervision of affairs concerning human
       trafficking
   (3) Education of professionals and public officials
   (4) Protection of victims and aid to victims


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   (5) Police provisions and investigation into alleged trafficking in human beings
   (6) Actions against demand in the prostitution and pornography industry
   (7) International co-operation
   (8) Proactive search and emergency phone numbers
   (9) Registration of information and intelligence gathering
The National Action Plan is in effect until end of 2012, and will undergo revision two years
after its approval, following an evaluation of the results.


   93. What are the competent authorities for combating trafficking in human beings?
The overall internal responsibility for THB falls within the Ministry of Justice and Human
Rights, including legislative activities. Other Ministries are the Prime Minister‟s Office,
Ministry of Social Affairs and Social Security, the Ministry of Health and the Ministry for
Foreign Affairs.
Referring to the National Action Plan against Trafficking in Human Beings, Action 2
provides for the establishment a specialist and co-ordination team of relevant government
ministries, agencies and non-governmental organisations with an overview of human
trafficking issues in Iceland. The team will follow up on signs of human trafficking, identify
possible victims according to recognised checklists issued by the team, grant the victims a
recognised position as such, ensure protection and assistance for them, collect information
and carry out educational activities with respect to the issues of human trafficking. The team
will furthermore advise the Government authorities in this field and supervise the
implementation of the Action Plan against Human Trafficking. The Ministry of Social Affairs
and Social Security, which before 1 October 2009 was responsible for THB, has asked the
relevant parties to nominate their representatives to the team. Formal establishment of the
supervisory team is pending.


   94. Do your law enforcement agencies receive specific training on combating
       trafficking in human beings? Please describe.
Combating trafficking of human beings has been one of the issues that Police officers receive
training on in connection with the training of Boarder Guards.
Action 4 of the National Action Plan against Trafficking in Human Beings provides for a
comprehensive educational programme to be prepared for professionals and for public
employees who, in their work, deal with human trafficking. It is considered necessary that the
proper professional groups receive education on human trafficking, its characteristics, assist-
ance to the victims and identification methods using recognised checklists issued by the
specialist and co-ordination team dealing with human trafficking. This knowledge also needs
to be interdisciplinary, so that individual cases of victims can be treated in a comprehensive
manner.
The target groups are the following:
      Police, border guards and customs officers: Education on human trafficking should be
       introduced in the main curriculum of the Icelandic National Police College and its
       management educational programmes, and it should also be a part of the re-
       educational and continuing education programmes of the police commissioner offices,
       border guards and customs officers. The education should include training in the

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       application of recognised checklists, which ensure that suspicion of human trafficking
       and signs of linked crimes will be followed up by the relevant parties
      Prosecutors and judges: In order to bring the perpetrators to justice, it is urgent that all
       professional groups in the criminal justice system receive training on the nature of
       human trafficking and of the various criminal offenses which the public authorities
       may encounter and which contain indications of human trafficking. Courses should be
       held for public prosecutors and judges for this purpose
      Employees of relevant institutions: The staff of appropriate institutions, such as the
       Directorate of Immigration and the Directorate of Labour, should receive training on
       human trafficking and its characteristics, as possible victims of human trafficking may
       be found among those who have contact with these agencies
      Employees in healthcare services: The experience abroad indicates that victims of
       human trafficking contact health professionals with many physical and mental
       symptoms that are indicative of post-traumatic stress disorder and long-standing
       sexual violation. Health professionals need to be alert to such symptoms, especially in
       the cases of individuals of foreign origin and/or those who are involved in sexual
       services. Checklists, classification codes and other guidelines that are available must
       be translated and localised and health personnel must receive training in applying
       these. Education on human trafficking must be part of the basic curriculum and the re-
       education of health service personnel
      Social service and child welfare personnel and support and treatment professionals:
       In order to reach the goals of providing support and rehabilitation for the victims, it is
       necessary that all those who are involved in such work, i.e. the employees of social
       services and child welfare, treatment professionals and counsellors from women‟s aid
       organisations, receive education and training in working with the victims of human
       trafficking. It is particularly urgent to increase the awareness of the rights of children
       seeking asylum, because unaccompanied children arriving in Iceland from abroad may
       be the victims of human trafficking. There is a need for long-term support and
       specialised relief for these children, and those who are involved in this work need to
       be supported. Education on human trafficking should be a part of the curriculum of
       social-work studies, as well as part of the re-education and continuing education
       programme
      Government ministry personnel: The employees of the Foreign Service and the
       relevant ministries that are involved with human trafficking issues, such as the
       Ministry of Social Affairs and Social Security, the Ministry of Health and the Ministry
       of Justice and Human Rights, should receive education on human trafficking
Action 14 of the National Action Plan provides for a specialisation and training within the
police should be increased for the purposes of surveillance and investigation of cases that are
linked to prostitution and human trafficking. A specialised group of criminal investigators
carrying out surveillance in connection with human trafficking and organised prostitution
should be established for the purpose of reducing the level of prostitution activities and to
collect information for the investigation of bigger criminal cases. A model for such work
should be acquired from the surveillance group of the drug investigation division of the police
in the greater Reykjavík area. At the same time, specialised criminal investigators should
operate within the sexual crime division of the police, which should carry out investigations
in individual cases of human trafficking. Collaboration must be ensured.



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   95. Do your law enforcement agencies include specific units for combating
       trafficking (human beings, drugs, etc.)?
The main aim of the 2006 amendments to the Police Act No 90/1996 was to upgrade and
improve law-enforcement in the country. Amendments were made both in the internal and
overall structure of the police.
At the internal level, a National Security Unit was set up in the National Commissioner‟s
Office, its function is to investigate treason and offences against the constitutional structure of
the state and its senior authorities and to assess the risk posed by terrorist activities and
organised crime, including trafficking in human beings. As trafficking in human beings being
is generally classified as a form of organised crime, one of the roles of the National Security
Unit is to combat it. A police officer in the unit is responsible for dealing with cases involving
trafficking in human beings.
The National Security Unit will, without doubt, be a very useful tool in the fight against
human trafficking. It works in close proximity with the border control staff in an effort to
prevent the traffickers from entering the country and/or to continuing their journeys to other
countries. The purpose of the new national security unit is not only to investigate crimes that
have already been committed, but also to conduct investigations in order to prevent the
occurrence of crimes such as trafficking in human beings.
The Minister of Justice and Human Rights is also authorised to set up national security units
under other police commissioners if there are particular reasons for doing so. Establishment of
the National Security Unit reflects developments in the police forces of Iceland‟s
neighbouring countries and facilitates collaboration between Iceland and such units overseas,
i.e. those that are concerned with analysing and evaluating the threat of international
organised crime or terrorism.


   96. Is there - based on a multi-disciplinary approach - any form of cooperation
       between the competent law enforcement bodies and other agencies, which are
       involved in the prevention of and the fight against trafficking in human beings?
For a number of years there has been sporadic and informal cooperation between law
enforcement agencies, other relevant governmental bodies and NGOs on the issue of human
trafficking. One of the aims of the National Action Plan against Trafficking in Human Beings
is to formalize and strengthen this multi-disciplinary approach through the establishment of a
specialist and co-ordination team of relevant government ministries, agencies and non-
governmental organisations with an overview of human trafficking issues in Iceland,
including Stígamót and the Kvennaathvarf women‟s asylum. The team will follow up on signs
of human trafficking, identify possible victims according to recognised checklists issued by
the team, grant the victims a recognised position as such, ensure protection and assistance for
them, collect information and carry out educational activities with respect to the issues of
human trafficking. The team will furthermore advise the Government authorities in this field
and supervise the implementation of the Action Plan against Human Trafficking. The team
would operate as a form of experimental project, and a revision would be conducted after
three years to decide if this form should be turned into law.
The Ministry of Social Affairs and Social Security, which before 1 October 2009 was
responsible for THB, has asked the relevant parties to nominate their representatives to the
team. Formal establishment of the supervisory team is pending.
(For Questions 97- 108, see also Chapter 4 – Free movement of capital for the preventive

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aspects of anti-money laundering).


   97. Do you have a strategy in place in fighting against money laundering? Please
       describe your national legislation on money laundering in this regard.
On strategy the Minister of Business Affairs appointed an advisory committee to address
matters that relate to AML/CFT issues. The basic strategy is to fulfil the FATF‟s
Recommendations on measures against money laundering. The Committee meets on a regular
basis and its main role is to monitor, on an ongoing basis, the implementation of measures
against money laundering and terrorist financing, coordinate working procedures and advising
government authorities. Furthermore, the work of the Committee is intended to make
preparations for evaluations conducted by FATF on the status of measures against money
laundering in Iceland and prepare the review of applicable legislation and regulations in
accordance with FATF‟s recommendations.
Money Laundering is criminalised in Article 264 of the General Penal Code (GPC). The Act
on Measures against Money Laundering and Terrorist Financing No 64/2006 (AML/CFT Act
2006) is aimed at implementing the 3rd EU AML Directive. The AML/CFT Act 2006 was
amended in the spring of 2008 with the AML/CFT Amendment Act No 77/2008 in order to
comply with FATF‟s Recommendations and comments found in the FATF‟s Third Mutual
Evaluation Report from October 2006 and as part of Iceland‟s follow-up of the report.
Regulations on AML/CFT are the following: Regulation No 386/2009 on the transposition of
Regulation (EC) No 1781/2006 of the European Parliament and of the Council of 15
November 2006 on information on the payer accompanying transfers of funds, Regulation No
811/2008 on politically exposed persons with respect to measures against money laundering
and terrorist financing and Regulation No 626/2006 on handling of Suspicious Transaction
Reports.


   98. Is the financial crisis having an impact on money laundering trends? Is your
       Anti-Money Laundering Policy taking these new trends into accounts? If so,
       how?
No, the financial crisis does not seem to have had an impact on money laundering trends. The
financial crisis has however had some effect on the value of the Suspicious Transaction
Reports (STRs) sent to the Icelandic FIU. In 2007 the total value was ISK 961,526,361 in 496
STRs. In 2008 the total value was ISK 625,203,112 in 520 STRs: change of ISK 336,323,249
or 35%. There was some drop in the number of STRs in the last quarter of the year (October-
December), but not significant and a little bit more of higher value STRs, when people were
taking out cash in the beginning of the financial crisis.


   99. How has money laundering been criminalised, which criminal activities are
       covered by law?
Money laundering is criminalised in Article 264 of the General Penal Code (GPC). The
Section was introduced in 1997 in order to implement the 1988 Vienna Convention and
enlarge the scope of the money laundering offences beyond the proceeds of narcotic
trafficking crimes. Section 264 defines money laundering as any action by which anyone
accepts or acquires for itself or others gain from an offence criminalised in the GPC, as well
stores or moves such gain, assists in the delivery thereof or in another comparable manner


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supports securing for others the gain of such an offence. In an amendment to Article 264 of
the GPC, which is now before Althingi and is expected to be passed as law, the money
laundering offence is extended to offences criminalised in other laws. All behaviour
criminalised in other laws besides the General Penal Code will therefore be a offence for
money laundering.
Article 264 of the General Penal Code No 19/1940, with subsequent amendments, states the
following:
      Anyone who accepts or acquires for himself or others gain from an offence
      according to the Act shall be subject to fines or imprisonment for up to 2 years.
      The same penalty shall be applicable to a person who stores or moves such gain,
      assists in the delivery thereof or does in another comparable manner supports
      securing for others the gain of an offence. In case of a reiterated offence or one of
      a major character the penalty may become imprisonment for up to 4 years.
      Penalty may become imprisonment for up to twelve years in case of gain resulting
      from an offence according to Article 173 a.
      In case gain is of a minor character and no special incidents augment the guilt of
      the offence a lawsuit shall not be instituted unless public interests so require.
      In case of an offence being committed through inadvertence this will be subject to
      fines or imprisonment for up to 6 months. In case the offence from which gain
      results be subject to no heavier penalty than imprisonment for up to 1 year penalty
      may be cancelled.
New legislation aimed at implementing the Directive 2005/60/EC on the prevention of the use
of the financial system for the purpose of money laundering and terrorist financing, Act No
64/2006 on Measures against Money Laundering and Terrorist Financing, came into force in
June 2006. The Act defines money laundering as actions by which a natural or legal person
accepts or acquires, for itself or others, gains by means of a violation punishable under the
General Penal Code or other domestic law. The term shall also apply to actions by which a
natural or legal person undertakes to convert such gains, transport them, send them, store
them, assist with their delivery, or conceal them or information concerning their origin,
nature, location, manner of disposal or transport, keep, or promote by other comparable
means the achievement for others of the gains from such punishable violations, cf. Article
3(1). Penalties according to the Act are in the form of fines, cf. Article 27.


   100.    Please explain the main difficulties that you face in combating money
           laundering.
As mentioned in Question 4:23a the FIU is a one person entity, it has only one police officer.
Increased resources would be welcomed in order to effectively combat money laundering
(and TF issues). Currently only one lawyer specialised in AML/CFT issues works at the
Economic Crime Unit but he works with the FIU when his specialties are needed. The FIU
can, on an ad hoc basis, call upon analytical resources within the Economic Crime Unit. The
aforementioned lack of financial resource has resulted in very little formal training for FIU
personnel regarding AML/CFT issues.
It has also been an impediment when it comes to sending a full delegation to FATF‟s plenary
meetings and the regular meetings held by the Committee on the Prevention of Money
Laundering and Terrorist Financing (European Commission), both important forums on this
issue. The same applies in regards to the Egmont Group meetings, where Icelandic
participation is far from being satisfactory. The FIU, Economic Crime Unit, sent its

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representative to international meetings, to the FATF Plenary in February 2008 and in 2004
and 2007 to Egmont Group Plenary meetings.


   101. Please describe the specialised bodies dealing with money laundering, notably
        Financial Intelligence Unit (FIU), as well as the structures within the police and
        other relevant departments. Describe any co-operation with the banking system
        and other financial actors (casinos etc.).
The Icelandic FIU is operated within the Economic Crime Unit of the National Commissioner
of the Icelandic Police. The head of the Economic Crime Unit is the Prosecutor of Economic
Crime in Iceland. The FIU has one police officer in the unit who monitors the STRs that are
submitted. He analyses STRs and then disseminates information from the STRs to other
police departments as necessary, e.g. to drug enforcement etc. If he needs additional analytical
assistance, the FIU can call upon analytical resources from within the Economic Crime Unit
on an ad hoc basis. The Economic Crime Unit also investigates cases from the FIU. The
budget of the FIU is part of the Economic Crime Unit budget, which is part of the National
Commissioner of the Icelandic Police and has therefore little financial independence. The FIU
conducts its cooperation with financial institutions and other authorities much on an informal
basis. Formal cooperation with other authorities is through the AML Committee. There is also
a Cooperation Agreement between the FIU and Financial Supervisory Authority (FME).


   102. Please elaborate on the functioning of the FIU (status of the FIU – i.e. police,
        administrative, judicial or hybrid- number of analysts…), the supervisory
        authorities and the law enforcement authorities with regard to, inter alia,
        available resources (staff and budget), operational powers and independence.
Reference is made to Question 24:101.


   103. Please, describe the cooperation between your FIU and other national police,
        prosecution office, the judiciary and other relevant bodies (e.g. customs) in the
        field of money laundering.
Cooperation between the Icelandic FIU and other police departments, the state prosecutor, the
judiciary and other relevant bodies is very good in the field of money laundering. The FIU has
a concluded a MOU with the Financial Supervisory Authority. There are no barriers to
communication and cooperation between law enforcement authorities within the country. The
small size of the Icelandic society and personal contacts and relationships among personnel of
various agencies is here an advantage. There is a AML/CFT Consultation Committee with
representatives from the FIU and other state bodies and shareholders to coordinate and
cooperate on AML/CFT issues.


   104. Please describe your cooperation with other EU FIUs. Please provide figures on
        the number of exchanges of information with other EU FIUs. What is your view
        on international cooperation with other EU FIUs? How could it be improved?
        Would you consider joining FIU.NET?
FIU Iceland is a member of the Egmont Group and exchanges information through the
Egmont Secure Web (ESW). Between 15 June and 31 December 2007 FIU-Iceland sent 10
information requests and received 11 requests through ESW. The international cooperation,

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including on the EU level, of FIU-Iceland and the Economic Crime Unit should be increased
and would be important for the FIU and increase its competence. It could be increased
through the Egmont Group, on sharing information, through participation in working groups
on a European or Nordic level and the learning of investigation methods etc. FIU-Iceland
could consider joining FIU.NET.


     105. What is done to provide concerned staff with specialised training?
Article 23 of the Act on Measures against Money Laundering and Terrorist Financing No
64/2006 states: “Persons under obligation to report shall ensure that their employees receive
special training in measures against money laundering and terrorist financing. The training
shall both take place when employment commences and on a regular basis during the term of
employment, in order to ensure that employees are aware of the duties of persons under
obligation to report pursuant to [the] Act, customer due diligence and the obligation to report.
Furthermore, they shall be supplied with information on current trends in the field and the
most recent methods in money laundering and terrorist financing.”
It is the FSA‟s policy to conduct lectures on AML/CFT issues when it considers such lectures
to be necessary, e.g. when amendments are being made to laws and regulations and when new
developments and trends occur that may, in this respect, affect the undertaking‟s operations.
During on-site visits the FSA conducts an assessment of training requirements at financial
undertakings. The FSA makes inquires on how training has taken place, how many seminars
have been held, how many employees have attended the seminars as well as requesting
educational material. In its meetings with financial undertakings, the FSA emphasises that
employees should be obliged to attend seminars held on AML/CFT issues.
In September 2008 the FSA issued Guidelines on AML/CFT issues, with reference to
paragraph Article 8(2) of the Act on Official Supervision of Financial Operations No 87/1998.
The purpose of the Guidelines is to clarify certain issues regarding the AML/CFT Act without
being exhaustive. They can be the basis of FSA‟s demand for corrective actions with
reference to the AML/CFT Act 2006. An important part of the guidelines is a sector securing
that inner segments are in good state, such as internal controls, written internal rules, a system
is in place which enables parties to respond promptly to queries from the police or other
competent authorities, emphasis placed upon training of employees and a person responsible
is designated from the group of managers.
According to the Icelandic Financial Services Association, seminars on AML/CFT issues
have been held.19 The policy is to provide seminars to members, when needed (for example
when amendments are being made to the legislation). The Association of Savings Banks has
also held seminars on AML/CFT issues for its members.
At least once a year members of FSA‟s AML/CFT team give other employees a presentation
and a revision of the obligations according to the AML/CFT laws and regulations. Employees
responsible for supervision of AML/CFT have attended courses related to this matter.
However, since FATF‟s 2006 MER on Iceland the FSA has increased its emphasis on training
of its staff regarding AML/CFT. To that effect, an FSA employee, in 2007, attended a course
abroad on these issues. That employee then informed other members of FSA‟s AML/CFT
team about the contents of the course.



19
     The Association represents all registered financial companies in Iceland, including universal banks, investment banks,
     savings banks, insurance companies, leasing companies, securities companies and card companies.

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Employees of the FSA undergo continuous education to ensure that they have the latest and
most relevant knowledge in AML/CFT issues and rules and regulations regarding the
financial market. FSA‟s policy is to encourage its employees to engage in on-going education
and training. In September 2008, two employees of FSA‟s AML/CFT team attended two
separate courses regarding these issues. Two employees attended a course regarding these
issues in March 2009.
In an outreach program the FIU has held lectures for the insurance sector and for financial
undertakings where the securities sector operates. For training and awareness purposes the
FIU has held a couple of lectures for car and equipment Lend-Leasing companies. In respect
to terrorist financing, entities under obligation to report are well aware of their duties in
regard to transactions suspected of being traceable to terrorist financing. The issue has been
addressed in numerous lectures as a part of the above-mentioned FIU outreach programme.
In 2005 the Minister of Business Affairs (now Minister of Economic Affairs) appointed an
advisory committee to address matters that relate to AML/CFT issues. The Committee meets
on a regular basis and its main role is to monitor, on an ongoing basis, the implementation of
measures against money laundering and terrorist financing, coordinate working procedures
and to advise government authorities. Furthermore, the work of the Committee is intended to
make preparations for evaluations conducted by FATF on the status of measures against
money laundering in Iceland and prepare the review of applicable legislation and regulations
in accordance with FATF‟s recommendations. The liaison with FATF and through their
mutual evaluations Iceland has been given the opportunity to revise and improve its
AML/CFT system on a regular basis. Both these forums, i.e. the liaison with FATF and the
abovementioned advisory committee, are important forums with respect to gaining and
forwarding information that, for example, may well affect ongoing training on AML/CFT
issues, in particular when new developments and trends in this area occur.
Lastly it should be mentioned that training on AML/CFT issues is currently incorporated in
the curriculum of the Icelandic Police Academy, both basic training and ongoing education
for police officers.
Currently only one lawyer specialised in AML/CFT issues works at the Economic Crime Unit
and he works with the FIU when his specialties are needed


   106. Please, provide figures on the results on your Anti-Money Laundering Policy in
        terms of number of suspicious transactions reports disclosed in the last 4 years,
        number of investigations initiated each year on the basis on STRs, number of
        investigations initiated each year on other intelligence elements, number of
        freezing/seizing     orders     in   the    last    4  years,     number       of
        prosecutions/indictments/convictions/confiscation orders in the last 4 years.
        Please provide figures on the value of the assets and properties frozen/seized
        and confiscated in the last 4 years




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                 Year                             Number of STRs                   Total amount involved (ISK)


  2003                                                                     241                      303,417,508 -20
  2004                                                                     301                      393,829,668 -21
  2005                                                                     283                      596,216,345 -22
  2006                                                                     323                      455,638,011 -23
  2007                                                                     496                      961,526,361 -24
  Accurate data is not available on the number of investigations initiated each year from STRs.
  The intelligence from the STRs are disseminated to other police agencies and departments,
  drug enforcement etc. A few are investigated in the Economic Crime Unit each year.
  As to the number of freezing/seizing orders in the last 4 years, number of
  prosecutions/indictments/convictions/confiscation orders in the last 4 years, value of the
  assets and properties frozen/seized and confiscated in the last 4 years, the statistics on this are
  not available in Iceland. In FATF‟s last evaluation in 2006, Iceland obtained a Non Compliant
  result on this matter. Measures to improve this are being discussed but no concrete plans or
  strategies have been agreed upon.


       107. How have you responded to requests for mutual legal assistance related to
            money laundering?
  Icelandic authorities respond to requests for mutual legal assistance related to money
  laundering in the same manner as other requests for mutual legal assistance. The Ministry of
  Justice and Human Rights forwards the request to the competent authority for further
  investigation. At the conclusion of the necessary investigation, in accordance with Icelandic
  legislation, the relevant documents along with the results of the investigation are sent to the
  requesting state.


       108. In your opinion, what could be done to further improve your action against
            money laundering?
  Due to the nature of the subject an increased participation in international AML/CFT co-
  operation and AML/CFT training abroad for those working on the issue is important and
  would be useful to further improve Iceland‟s actions against money laundering.


VII. CONFISCATION
       109. Please provide information on your national legislation on confiscation. Has
            value confiscation been introduced in Iceland? Do extended confiscation powers


  20
     EUR 1.7 million (EUR 1 = ISK 180, rounded average Central Bank of Iceland exchange rate 2 September 2009).
  21
     EUR 2.2 million (EUR 1 = ISK 180, rounded average Central Bank of Iceland exchange rate 2 September 2009).
  22
     EUR 3.3 million (EUR 1 = ISK 180, rounded average Central Bank of Iceland exchange rate 2 September 2009).
  23
     EUR 2.5 million (EUR 1 = ISK 180, rounded average Central Bank of Iceland exchange rate 2 September 2009).
  24
     EUR 5.3 million (EUR 1 = ISK 180, rounded average Central Bank of Iceland exchange rate 2 September 2009).

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            apply in case of serious crimes? In the affirmative, please describe the relevant
            provisions.
The general provision on confiscation is Article 69 in the General Penal Code (GPC) which
reads:
     Article 69
      Confiscation by judgment is allowed of:
      1. Objects created by an offence or used for its commission, except if they are in the
      ownership of a person not implicated in the offence in any manner.
      2. Objects that are deemed to be intended for a criminal purpose, provided this is deemed
      necessary with regard to pubic security.
      3. Objects or proceeds acquired by a criminal offence to which no party has a lawful
      claim, or a monetary amount corresponding to such proceeds, [or objects purchased for
      such gain. If full proof of the value of the proceeds can not be adduced, the court may
      assess the amount thereof.]1)
      Subject to statute provisions providing for a different arrangement, the confiscated
      property shall confer to the State Treasury. A person who has suffered loss by reason of
      the offence shall however have priority to the proceeds, if compensation can not be
      obtained by other means.
      If an association is dissolved by judgment its property shall be confiscated to the State
      Treasury, and public authorities shall then take its books and records for safekeeping.


Confiscation can only be ordered if requested in the prosecutor‟s indictment pursuant to
Article 152 and 153 of the Code on Criminal Procedure.
In Icelandic legal theory confiscation is defined as a penalty-related sanction, and as such it
does not affect the determination of a punishment.
Property in the ownership of a third party can not be confiscated, if that party has not been
involved in the offence in any manner. Confiscation under Article 69 of the GPC will
therefore not be ordered in relation to a third party in good faith.
Icelandic law makes confiscation possible of property owned by a third party, such as a
relative or a spouse, which that party has received as a donation in circumstances indicating
evasion of confiscation. The burden of proof in this respect rests upon the prosecution.25
Extended confiscation powers do not apply in case of serious crimes in Icelandic law.
The Minister of Justice and Human Rights has put a proposal before Althingi to make the
necessary amendments instead of Article 69 of the GPC so Iceland can fully implement the
Palermo Convention, Article 12 (3) (4). If the bill will be passed as law extended confiscation
powers will apply in case of serious crimes and the burden of proof as regards confiscation of
unlawful proceeds in some cases will rest with the accused.

25
     Cf. the Supreme Court‟s judgment in case No 312/2000. In the indictment, a request for confiscation was made against
     Þ, a woman cohabiting with one of the defendants, of ISK 2,594,140, this amount being a gift from the defendant to her,
     made 1 June 1999 in ready money on account of her purchase of 50% of a real property in Reykjavík. The holding of the
     district court, which the Supreme Court affirmed, was that the prosecution had the burden of establishing that the
     amount in question was derived from the defendant‟s drug trafficking, and that it had constituted a gift to the co-
     defendant. The court found that the prosecution had not sufficiently established that the money had been acquired by
     such means, and Þ was therefore found not to be subject to the request.

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Subject to specific provisions of other Acts, the confiscated property shall revert to the State
Treasury, cf. Article 69(1) of the GPC. In Article 69(2) of the GPC it is provided that a party
who has suffered loss as a result of the offence shall have priority to the proceeds from
confiscation, if compensation can not be obtained by other means.
Value confiscation is allowed by Article 69(1)(3) of the GPC. If the amount to be confiscated
can not be fully established, this may be assessed by the court.26


     110. Does Iceland have provisions allowing to confiscate the proceeds of crime
          independently from a criminal conviction (non-conviction based confiscation,
          eg civil confiscation)? In the affirmative, please describe the relevant
          provisions. Can foreign freezing or confiscation orders based on non-conviction
          based confiscation be executed in Iceland?
Article 89 of the General Penal Code or provisions in other laws do not provide for such
confiscation. That is why foreign freezing or confiscation orders, based on non-conviction
based confiscation, can not be executed in Iceland.


     111. Are the provisions of the Council of Europe Strasbourg Convention of 1990
          fully implemented in Iceland ?
The provisions of the Convention on Laundering, Search, Seizure and Confiscation of the
Proceeds from Crime have not as yet been fully implemented cf. Question 24:109.


     112. Does Iceland have a national asset recovery office in charge of tracing the
          proceeds of crime? Is there a specialised structure in charge of managing
          frozen assets?
Iceland does not have national asset recovery office in charge of tracing the proceeds of crime
and there is not a specialised structure in charge of managing frozen assets.


     113. How has Iceland responded to requests of EU authorities to provide
          information on assets located in your country?
Iceland has not received any requests of that sort from EU authorities. Similar requests from
non EU countries have been dealt with in a positive way.


     114. How has Iceland responded to requests of EU judicial authorities to freeze or
          confiscate assets in your country?
Iceland has not received any requests of that sort from EU authorities. Similar requests from
non EU countries have been dealt with in a positive way.
Two employees within the Economic Crime Department of the Office of the National
Commissioner are liaison officers to the CARIN co-operation established by a few EU
Member States in 2004 in the field of tracing and identification of proceeds from, or other

26
     This was for example done in the judgment of the Supreme Court in case no 312/2000, concerning importation and sale
     of illegal drugs. The amount to be confiscated was determined with regard to the estimated purchase price of the drugs
     and the statements provided by the defendants.

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property related to, crime. Based on that the member states shall establish Asset Recovery
Offices cf. Council decision No 2007/845/JHA. Those offices operate in joint co-operation
with other similar offices established in other Member States and assist them with the tracing
of and recovery of proceeds from crime. The Economic Crime Department is the Asset
Recovery Office within the Icelandic police.


   115. Is specific training on confiscation and asset recovery provided to law
        enforcement officers, public prosecutors or judges?
Students in basic and further training at the Icelandic National Police College receive training
on the clauses contained in the Code on Criminal Procedure concerning confiscation and
asset recovery.
There is no specific training provided for public prosecutors or judges regarding confiscation
and asset recovery.




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VIII FIGHT AGAINST TERRORISM
     116. Please provide information on legislation or other rules governing this area,
          and their adhesion to relevant international conventions. How is financing of
          terrorism defined? How has financing of terrorism been criminalised and
          which criminal activities are covered by the law?
  Article 6 of the General Penal Code No 19/1940 states:
     Chapter I. Conditions for Authority of Penalties, Sphere of Application of Penal Law 1)et
     al.
     ....
     Penalties shall also be imposed in accordance with the Icelandic General Penal Code on
     account of the following offences, even if these have been committed outside the
     Icelandic State and irrespective of who the offender is:-
     ....
     [6. For conduct to which Article 1 of the European Convention of 27 January 1977 on the
     Suppression of Terrorism applies. Legal action under this clause shall, however, only be
     taken if ordered by the Minister of Justice.] 4)
     ....
     [[16.] 13) For conduct specified in the International Convention or Preventing Terrorist
     Explosions ( Bombings) of 15 December 1997.
     [17.] 13) For conduct specified in the International Convention on Preventing the
     Financing of Terrorism Activities of 9 December 1999.] 14)
     ....
  Article 6 of the General Penal Code therefore implements the three mentioned international
  conventions on terrorism.
  In addition to that the Code provides for the following rules regarding terrorism:
     Chapter XI. Offences against the Constitution of the State and its Supreme Administration
     ....
     [Article 100 a. For acts of terrorism the penalty shall be up to life imprisonment for
     anyone who for the purpose of causing the public considerable fear or in an illegal manner
     forces Icelandic or foreign authorities or an international establishment to do or omit
     something with the object of weakening or damaging the Constitution or the political,
     economic or sociological foundations of the State or an international establishment,
     commits one or more of the following offences when the act in the light of its nature or
     having regard for circumstances at the time and place it is committed can seriously
     damage a State or an international establishment:
     1. homicide as per Article 211,
     2. physical assault as per Article 218,
     3. deprivation of freedom as per Article 226,
     4. upsets traffic safety as per para. 1, Article 168, disturbs public transport equipment et
     al. as per para. 1, Article 176 or causes gross damage to properties as per para. 2, Article


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     257 and if these violations are committed in such a manner as to endanger human lives or
     to cause extensive financial loss,
     5. hijacking aircraft as per para. 2, Article 165 or assaults persons present at airports
     intended for international air traffic as per para. 3, Article 165,
     6. arson as per para. 2, Article 164 causing explosion, spreading of damaging gases, water
     flood, shipwreck, railway-, automobile or aircraft accident or accidents of other such
     vehicles or transport equipment as per para 1, Article 165, causing general shortage of
     drinking water or introducing damaging substances to water wells, or water piping as per
     para. 1, Article 170 or introducing toxic or other hazardous substances to Articles
     intended for sale or general use as per para. 1, Article 171.
     The same penalty shall apply to a person who for the same purpose threatens to commit
     the violations listed in para. 1] 1)
     [Article 100 b. Anyone who directly or indirectly supports a person, an association or a
     group committing or having the purpose of committing acts of terrorism as per Article 100
     a. by contributing funds or granting other financial support, procuring or gathering funds
     or making funds available in another manner shall be subject to imprisonment for up to 10
     years.] 1)
     [Article 100 c. Anyone who by means of his/her word or deed, persuasions,
     encouragement or in another manner supports punishable activities or a joint aim of an
     association or a group having committed one or more violations of Article 100 a. or
     Article 100 b. with the activities or the aims comprising the commission of one or more
     such violations shall be subject to imprisonment for up to 6 years.] 1)
Article 5, para 1, point b, of the Police Act No 90/1996 provides for the role of the
Commissioner of the Icelandic National Police, including the operation of a police
investigation unit, responsible for investigating high treason and offences against the
Constitution and its supreme administration, as well as assessing the risk of terrorism and
organised crime.
Pursuant to Article 8(5) of the Police Act, the National Security Unit has been operational for
two years under the authority of the Commissioner of the Icelandic National Police. The Unit
is responsible, inter alia, for assessing the risk of terrorism and organized crime.
The Regulation on the National Security Unit of the National Commissioner of the Icelandic
Police No 404/2007 states the role of the NSU.
Article 2 of the Act on Criminal Responsibility of Legal Persons No 144/1998 states that if an
offence is committed within the operation of a Legal Person in violation of Article 100. a –
100. c of the General Penal Code, a monetary damage can be imposed on the Legal Person.
One of the aims of the Act on Maritime Security No 50/2004 is to ensure the protection of
ships, crew, passengers, cargo and port facilities from the threat of terrorism and other illegal
activities. The Act implements the following EU rules (which have EEA relevance).
        Regulation (EC) No 725/2004 of the European Parliament and of the Council of 31
         March 2004 on enhancing ship and port facility security27
        Commission Regulation (EC) No 884/2005 of 10 June 2005 laying down procedures
         for conducting Commission inspections in the field of maritime security28


27
     Cf. decision of the EEA Joint Committee on amendments to Annex XIII to the EEA Agreement No 14/2005 dated 8
     Februar 2005.

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           Directive 2005/65/EC for the European Parliament and of the Council of 26 October
            2005 on enhancing port security29
The Act on Measures against Money Laundering and Terrorist Financing No 64/2006 entered
into force on 1 January 2007.30 It for example implements Directive 2005/60 EC of the
European Parliament and of the Council of 26 October 2005 on the prevention of the use of
the financial system for the purpose of money laundering and terrorist financing.
The purpose of the Act, as defined in Article 1, is to prevent money laundering and terrorist
financing by imposing on parties engaging in activities which may be used for the purposes of
money laundering and terrorist financing the obligation to obtain knowledge of their
customers and their business activities and report to the competent authorities any knowledge
of such illegal activities.
The definition of Terrorist Financing can be found in Article 3(2) of the Act. The concept
shall refer to the collection of funds with the intention that they should be used or in the
knowledge that they are to be used for the purpose of carrying out an offence which is
punishable pursuant to Sub-Sections (a) – (c) of Article 100 of the General Penal Code.
Article 27 of the Act provides for penalties in case of offences:
In the event that a person under obligation to report, by intent or gross negligence, neglects to
conduct due diligence concerning its customers pursuant to Chapters II and III, or neglects the
obligation to report or any other obligations pursuant to Chapter V, or neglects the provision
of information or assistance, reports or documents as provided for in this Act or rules issued
hereunder, such party shall be subjected to penalties.
If a party does not comply with the obligation to register pursuant to Article 25(a), if such
party continues its business activities despite having been removed from the register of the
Financial Supervisory Authority, or if such party fails to provide information or assistance as
provided in this Act, the party shall be subjected to a fine.
If an infringement of this Act is committed in the course of the business operations of a legal
person, and for its benefit, the legal person may be fined irrespective of whether the guilt of
its responsible manager or employee has been established. If the responsible manager of a
legal entity or its staff member has infringed this Act, the legal entity may also be fined if the
infringement was for its benefit.


In relation to the enforcement of Act No 64/2006, Article 10(2) of the Act on Securities
Transactions No 108/2007 provides for the following obligation:
     Chapter II. Investor protection and business conduct of financial undertakings
     ....
     Article 10 Records of services and preservation of data




28
     Cf. decision of the EEA Joint Committee on amendments to Annex XIII to the EEA Agreement No 34/2006 dated 10
     March 2006.
29
     Cf. decision of the EEA Joint Committee on amendments to Annex XIII to the EEA Agreement No 65/2006 dated 2
     June 2006.
30
     The Act can be found in an official English translation at the Ministry of Economic Affairs website:
     http://eng.vidskiptaraduneyti.is/laws-and-regulations//nr/2828

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   A financial undertaking shall keep a record of all services and transactions carried out by
   it in the field of securities trading. The records shall be sufficiently detailed to enable the
   financial undertaking to demonstrate its compliance with the law.
   A financial undertaking shall preserve for at least five years data relating to all
   transactions in financial instruments that it performs, whether the transactions are on its
   own account or for clients. The data shall include, inter alia, information that is required to
   be provided on the basis of the Act on measures against money laundering and terrorist
   financing.


   117. In view of implementing the Union’s commitments and strengthening its
        capabilities in the fight against terrorism, it would be useful to receive
        information about the relevant international conventions signed and ratified by
        your country and its efforts in the fight against terrorism.
      The 1963 Convention on Offences and Certain Other Acts Committed on Board
       Aircraft was acceded to by Iceland on 16 March 1970
      The 1970 Convention for the Suppression of Unlawful Seizure of Aircraft was
       acceded to by Iceland on 29 June 1973
      The 1971 Convention for the Suppression of Unlawful Acts against the Safety of Civil
       Aviation was acceded to by Iceland on 29 June 1973
      The 1973 Convention on the Prevention and Punishment of Crimes Against
       Internationally Protected Persons was ratified by Iceland on 2 August 1977
      The 1977 European Convention on the Suppression of Terrorism was ratified by
       Iceland on 11 July 1980
      The 1979 International Convention against the Taking of Hostages was acceded to by
       Iceland on 6 July 1981
      The 1980 Convention on the Physical Protection of Nuclear Material was acceded to
       by Iceland on 18 June 2002
      The 1988 Protocol for the Suppression of Unlawful Acts of Violence at Airports
       Serving International Civil Aviation, supplementary to the Convention for the
       Suppression of Unlawful Acts against the Safety of Civil Aviation was ratified by
       Iceland on 9 May 1990
      The 1988 Convention for the Suppression of Unlawful Acts against the Safety of
       Maritime Navigation was acceded to by Iceland on 28 May 2002
      The 1988 Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed
       Platforms Located on the Continental Shelf was acceded to by Iceland on 28 May
       2002
      The 1991 Convention on the Marking of Plastic Explosives for the Purpose of
       Detection was acceded to by Iceland on 24 May 2002
      The 1997 International Convention for the Suppression of Terrorist Bombings was
       ratified by Iceland on 15 April 2002
      The 1999 International Convention for the Suppression of the Financing of Terrorism
       was ratified by Iceland on 15 April 2002



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      The 2005 International Convention for the Suppression of Acts of Nuclear Terrorism
       was signed on behalf of Iceland on 16 September 2005
      The 1977 European Convention on the Suppression of Terrorism
       The 2003 additional protocol to it has been signed by Iceland but not yet ratified
      International Convention on Preventing Terrorist Explosions (Bombings) of 15
       December 1997
      International Convention on Preventing the Financing of Terrorism Activities of 9
       December 1999
      The 2005 European Convention on the Prevention of Terrorism has been signed by
       Iceland but not yet ratified
      The 2005 European Convention on Laundering, Search, Seizure and Confiscation of
       the Proceeds from Crime and on the Financing of Terrorism has also been signed by
       Iceland but not yet ratified


   118. Is your country faced with any specific form of terrorism? If so, is it of internal
        or external origin?
An annual threat assessment is made by the National Security Unit of the Commissioner of
the Icelandic National Police on the threats of terrorism. According to the threat assessment,
for 2009, the risk of Iceland being faced with any specific form of terrorism, either of internal
or external origin, is deemed low.


   119. What is the national legal framework and legal basis for anti-terrorist action?
There is no general legislation in force in Iceland providing a legal basis for anti-terrorist
action.
Reference is made to Questions 24:116, and partly to 24:117.


   120. Which national departments and agencies are involved in the fight against
        terrorism?
The Commissioner of the Icelandic National Police, including the National Security Unit of
that office, in collaboration with district commissioners as well as the Strategic Response
Unit.


   121. Which national bodies co-ordinate the fight against terrorism?
The National Security Unit of the Commissioner of the Icelandic National Police co-ordinates
the fight against terrorism.


   122. What is the role and input of security and intelligence services?
There is no security or an intelligence service in Iceland. The National Commissioner of the
Icelandic Police coordinates the work of the police in internal security affairs with the goal of
preventing conduct that may be in breach of the provisions X and XI of the General Penal
Code No 19/1940 and preventing acts of terrorism and organized crime. The National

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Commissioner operates a Police Investigation Department and a National Security Unit. The
Role of the National Security Unit is to carry out targeted analytical and risk assessment and
strategic assessment.


   123. Are there specialised bodies dealing with the financing of terrorism? Please
        describe the structures in place for countering the financing of terrorism
        (particularly within the Financial Intelligence Unit, as well as within the police,
        prosecutor’s office and the judiciary in general). Describe any co-operation
        with the banking system and other financial actors (casinos etc.).
A money laundering unit pertaining to the National Commissioner of the Icelandic Police is
the only specialised body dealing with the possible financing of terrorism in Iceland. This unit
has established cooperation with certain financial actors in Iceland. No casinos are to be
found in Iceland.
No terrorist financing cases have been prosecuted in Iceland.


   124. Please explain the main difficulties that you face in countering the financing of
        terrorism.
The possible financing of terrorism is mainly countered within the realm of money
laundering. However, Article 100. b. of the General Penal Code provides for imprisonment up
to 10 years for anyone who directly or indirectly supports a person, an association or a group
committing or having the purpose of committing acts of terrorism as per Article 100 a. by
contributing funds or granting other financial support, procuring or gathering funds or making
funds available in another manner.
Article 100. b. of the General Penal Code has never been applied in practice.


   125. How many terrorist financing cases have been prosecuted and brought to a
        successful conclusion?
No terrorist financing cases have been prosecuted and brought to a successful conclusion in
Iceland.


   126. How have you responded to requests for mutual legal assistance related to
        financing of terrorism?
Iceland has never received such requests.


   127. What is done to provide concerned staff with specialised training?
The Icelandic National Police College runs courses in the further training division for those
police officers whom the respective police commissioner designates to work in specialised
areas. Courses are designed with the needs of the police for new knowledge in mind.




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      128. Provide information on existing bilateral and international co-operation
           (including liaison officers and magistrates).
   Iceland has entered co-operation with international bodies such as Europol and Interpol. An
   Icelandic Liaison Bureau has been established at Europol HQ in the Hague. Co-operation in
   this sphere of law enforcement is mainly carried out by the National Commissioner of the
   Icelandic Police.
   Iceland concluded an operational cooperation agreement with Europol in 2001. The
   agreement makes it possible to exchange personal data as well as the exchange of specialist
   knowledge, strategic intelligence, general situation reports, information on investigative
   procedures, information on crime prevention methods, participation in training activities as
   well as providing advice and support in individual investigations.
   Since 2008 Iceland has been a member of PWGT (Police Working Group on Terrorism).
   Iceland is a member of NATO‟s AC/46 Committee.


      129. Provide information on the creation of electronic data banks (statistics,
           profiling of terrorists etc.).
   There is a national data bank for Police information. The special tasks of the National
   Security Unit are among other things to accumulate information, process, analyze and
   exchange information with the purpose of preventing or reducing the likelihood of offenses.
   Currently there is work being done to establish a data bank on profiling of terrorists,
   organized crime etc. The technical work is in the final stages. Further provisions can be found
   in the Regulation on Information Handling within the Police No 322/2001. The Money
   Laundering Unit pertaining to the National Commissioner operates a data bank on suspected
   offences related to money laundering.


VIII. DRUG DEMAND AND DRUG SUPPLY REDUCTION
      130. Please provide information on legislation or other rules governing this area,
           and their adhesion to relevant international conventions.
   The Act on Narcotic Drugs No 65/1974 came into effect in 1975. It complies with the United
   Nations Single Convention on Narcotic Drugs from 1961 and the Convention on Psychotropic
   Substances from 1971. Since then a few amendments have been made, mostly concerning the
   penalty frame and the fine limit.
   Provisions have also been added into the General Penal Code No 19/1940 where the penalty
   frame concerning drug cases is 10 years‟ imprisonment for extensive violations. The
   provisions relate to the special punishable handling of drugs and the treatment of financial
   gain stemming from extensive drug violations.


      131. What are the main characteristics of your country’s policy on illicit drugs?
   It is stated in the 2007-2011 Police Plan that one of the police‟s main aims is to thwart drug
   smuggling into Iceland. Despite an increased emphasis on drug abuse prevention by
   institutions, NGOs and police, data shows that drug use is not diminishing in Iceland.
   According to the 2007-2011 Plan the police districts are expected to conduct their work in
   order to:


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      Improve planning and results in the fight against drugs
      Maintain and improve systematically police control
      Further cooperation with parents, social authorities, health care institutions, schools
       and NGOs and others who can prove conducive to improving results
      Increase flow of information
      Ensure that illegal merchandise is confiscated
International communications in drug cases generally take place through the National
Commissioner International Department. The National Commissioner of Police and the
Reykjavík police have co-operated fruitfully with police in other states, for example as
regards exchange of information on individuals suspected of carrying illegal substances to or
from Iceland. All Interpol relations take place via the International Department of the
National Commissioner of Police. The Icelandic police participate in the PTN-co-operation,
which is a co-operation arrangement of the police and customs authorities in the Nordic
countries, by which direct links are maintained with PTN liaison officers in various countries.


     132. Please provide information on the trends in drug trafficking in and through
          your country and on drug abuse.
Please see attached United Nations Office on Drugs and Crime questionnaire, answered by
Icelandic authorities in the spring of 2009.31


     133. What are the principal measures deployed? How does co-ordination between
          law enforcement agencies work? Is there a clear allocation of tasks and
          coordination:
a) between authorities competent for drug demand reduction? b) between authorities
involved in reducing drug supply? c) is there a national coordination body for drug
issues?
There is a regional cooperation agreement in place between the respective police districts on
drug prevention and drug regulated investigations.
Agreement concerning Co-operation between the National Commissioner and the Directorate
of Customs
On 15 March 1999, the National Commissioner and the General Director of Customs signed a
Agreement on improved co-operation between the two agencies. The purpose of this
Agreement is to strengthen the co-operation between the Police and Customs authorities in
the struggle against drugs in Iceland.
A brochure was distributed to the general public in Iceland where the Agreement was
explained, as well as explaining the identification and consequences of drug abuse. The public
was encouraged to assist the police in the fight against illicit drugs. This agreement is still in
force, currently between the National Commissioner of the Icelandic Police and the
Directorate of Customs.




31
     Annex 24:132.

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Principal Aims
The aim of the Agreement is that of preventing drug offences in Iceland and supporting the
aim of the Government of Iceland to achieve a drugs-free society.
Further specified aims of the parties to the Agreement as follows:
    To support and strengthen co-operation between the police and customs
    To create possibilities of achieving better results in the struggle against illegal imports
     of drugs
    To support increased education for police and customs officers
    To co-ordinate and support the systematic dissemination of information concerning
     drugs matters
    To strengthen co-operation for the training and use of drugs search dogs
    To create a basis for regular consultative meetings between police and customs
     supervisors
    To co-ordinate the reactions and activities of these parties
    To increase the sharing of equipment in order to achieve better results
Principal Tasks
The task of the customs in drug offences prevention is the prevention of illegal imports of
drug substances to Iceland.
The task of the police is that of preventing any kind of drugs offence in Iceland and
undertaking investigations of drugs offences arising within the jurisdiction of the police and
customs.
The tasks of the police and the customs may overlap, specifically as pertains to the struggle
against illegal importation of drug substances. A clear delineation will not be made between
the supervisory work of the police and the customs in this field. It is of importance that police
officers and customs inspectors take care in the course of their duties to respect the traditional
(conventional) delegation of duties between the police and the customs.
Task forces
The National Commissioner and the Directorate of Customs have established an Outlaw
Motorcycle Gang task-force in accordance with the Agreement. The main goal of the task-
force is to try to prevent international OMGs, e.g. Hells Angels and Bandidos, establishing
themselves in Iceland. The taskforce will try to obtain this goal by:
    Collecting, analysing and distributing intelligence about OMG
    Increasing domestic and international co-operation
    Producing threat assessment and suggestions for actions
    Taking specific actions
Co-ordinated Police Action in Drug Cases
The National Commissioner of the Icelandic Police has issued instructions on co-ordinated
measures to be taken by the police in drug cases. The aim is to achieve better results in the
struggle against the importation, distribution and consumption of drugs.



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The objective of the rules is to increase the results of the struggle against the importation,
distribution and consumption of drug substances. The aim is also to increase co-operation
between the police forces and that the support of the National Commissioner of the Icelandic
Police shall lead to more systematic investigations, education and preventive measures
concerning drugs.
Chiefs of Police shall, each within his/her jurisdiction, be responsible for preventing drugs
violations and for seeing to it that cases arising be subjected to investigation, at the same time
aiming at the reduction of offences. The Police shall take the initiative in assembling
information, processing and dissemination thereof.
There shall also be systematic work on detecting offences and the Police forces must build up
sound co-operation between themselves. The education and preventive measures should also
be activated and co-operation between the Police and others shall be increased.
Specially trained officers shall assist the offices in dealing with drugs cases and shall monitor
the problem in each quarter of the country.
The National Security Unit of the National Commissioner of the Icelandic Police will receive,
process and disseminate information. The Department has an overall view of Police work and
the situation of drugs affairs throughout the country. The National Security Unit is an
analytical department tasked with gathering information on organised crime. A supervisor of
police dog training is based at the National Commissioner of the Icelandic Police. The
supervisor administers police dog training and coordinates work related to the use of the dogs.
This is in accordance with rules issued by the National Commissioner of the Icelandic Police
and takes place in cooperation with customs authorities in Iceland and in Norway.


   134. How does co-operation and exchange of information with other national
        authorities work? Are there any Memoranda of Understanding or Joint
        Agreements between the various law enforcement services with responsibility
        for tackling the supply of drugs? Are there similar agreements with relevant
        industries? If so, please provide details.
See the Question 24:133.


   135. What about co-operation at the international level (liaison officers)?
Iceland is a member of PTN (police and customs co-operation in the Nordic countries) and
has access to common liaison officers through that co-operation to Liaison Officers in
following third countries: Albania, China, Dubai, Kosovo, Morocco, Pakistan, Russia, Serbia,
Syria, Turkey, Thailand and Ukraine.
See also Question 24:66.


   136. How do you co-operate with international bodies operating in the drugs field,
        such as UNODC, INCB, Commission on Narcotic Drugs, Pompidou Group of
        the Council of Europe, WHO etc.?
Iceland is a long standing member state of the United Nations. Within the drug field, Iceland
is a party to the following UN Conventions:
    Single Convention on Narcotic Drugs, 1961 as amended by Protocol of 25 March
     1972

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      Convention on Psychotropic Substances. Iceland acceded to the Convention on 18
       December 197432
      United Nations Convention on Illicit Traffic in Narcotic Drugs and Psychotropic
       Substances (Iceland acceded to the Convention 2 September 1997)
Iceland has been a full member of the Pompidou Group of the Council of Europe since 2001.
Through the Group Iceland participates in the annual meetings, as well as the regular
exchange of information and other communications between the participating countries.


     137. Do you have general guidelines on the action against drug trafficking?
On 17 October 2003 the National Commissioner of the Icelandic Police issued guidelines on
coordinated action against drug trafficking.
On 4 May 2007 the Ministry of Justice and Ecclesiastical Affairs (now Ministry of Justice and
Human Rights) issued the 2007-2011 Law Enforcement Plan. This national plan stipulates the
emphasis and goals of law enforcement in the fight against drug trafficking. Accordingly the
police districts have issued their own four year Law Enforcement Plans as well as compiling
an annual report on proposed action.
For further information please refer to Question 24:133.


       138. Have you created electronic data banks covering seizures of drugs in the last
            three years and other statistics?
Such information is digitally stored in the Police Data Bank (LÖKE).


     139. Have you concluded Memoranda of understanding                                          with     concerned
          counterparts (ports, express delivery services, etc.)?
Ports: The National Commissioner of the Icelandic Police has not concluded written
memoranda with port authorities. It should be stressed though that cooperation between the
Icelandic police and port authorities has been excellent through the years. The same can be
said of cooperation between the Icelandic police and businesses operating in and near ports.
A security assessment was made for every port and airfield in Iceland when the country
became a Schengen Member State. Iceland takes part in international cooperation established
in this sphere of security.
Airports: The National Commissioner of the Icelandic Police has not concluded written
memoranda with airport authorities. Such memoranda have however been concluded between
certain police districts e.g. in relation to law enforcement at Keflavik International Airport. It
should be stressed though that cooperation between the Icelandic police and airport authorities
has been excellent through the years. The same can be said of cooperation between the
Icelandic police and businesses operating in and near airports.
Private businesses/institutions: The National Commissioner of the Icelandic Police has not
concluded written memoranda with private businesses e.g. express delivery services. It should
be stressed though that cooperation between the Icelandic police and private companies in this
line of business has been excellent through the years.

32
     The Icelandic Act on Narcotic Drugs which came into effect in 1975 was enacted to comply with the two Conventions.

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Custom authorities are in many ways more closely connected than the police to the
aforementioned companies/bodies. It should be stressed though that cooperation between the
Icelandic police and customs authorities has been excellent through the years. On 2 April
2004 the National Commissioner of the Icelandic Police and the custom authorities concluded
a cooperation agreement on fighting drug trafficking in Iceland.


   140. Do your authorities make use of systematic risk-analysis and other intelligence?
        To what extent do they rely on financial investigations and on controlled
        deliveries?
Each year the National Security Unit (NSU), an analytical department pertaining to the
National Commissioner of the Icelandic Police, issues an assessment on organised crime and
the possible terrorist threat. Included in this annual report is a strategic assessment on drug
trafficking and the drug market in Iceland.
Related to the fight against drugs in Iceland are systematic risk analyses conducted by the
police districts. This work is closely related to investigations linked to drug offences or
information on suspected drug offenders.
In past years police in Iceland have in a growing number of cases started financial inquiries
alongside drug related investigations being carried out or in relation to the ongoing fight
against drug trafficking.
In past years police in Iceland have in a growing number of cases staged or been involved in
drug deliveries conducted under surveillance. In a number of cases this has taken place in
cooperation with foreign law enforcement bodies.


   141. Does a national strategy on drugs exist? Is it in line with the EU Drugs Strategy
        2005-2012 and EU Drugs Action Plan 2009-2012?
The Icelandic National Health Plan to the year 2010 aims at reducing by 2010 alcohol and
substance use by under aged young people by 25%. According to the latest statistics from the
ESPAD survey in 2007 and the HBSC survey in 2006, the alcohol consumption and usage of
illegal drugs (cannabis) of pupils in grade 10 (age 15-16) has dropped a great deal since 1998
and is among the lowest in Europe (www.espad.org).
These statistics indicate progress in the right direction, with respect to the Icelandic National
Health Plan targets. Surveys of students in upper-secondary education indicated that use of
alcohol and other substances has remained more-or-less stable from 2000 to 2004, with the
exception of a small increase in use of stimulant drugs. According to the same surveys, 74.4%
of high school students have never tried any of the following substances: marijuana,
amphetamines, LSD, ecstasy, cocaine, “magic” mushrooms or inhalants.
The Icelandic National Health Plan to the year 2010 states various targets in the field of
prevention of alcohol and substance abuse, which will involve many different bodies.
The Ministry of Health, by its programmes, and allocations from the Public Health Institute
Prevention Fund, makes its contribution to attaining these targets. In addition to that the
Institute has its own targets, which it will monitor and seek to influence through its
programmes.
The legislation on the Public Health Institute covers general preventive measures that are
directed at young people and children. Administrative procedures are in accordance with the
2003/488/EC Council Recommendation of 18 June 2003 on the prevention and reduction of

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health-related harm associated with drug dependence and cover it to some extent. Access to
treatment is good. The National University Hospital provides services and the state has a
contract with non-profit organizations which provide these services.
When people who are drug dependent come for treatment they are screened for HIV, Hepatitis
B and C if they have been involved in risk behaviour. The status of the liver, blood and
general infections are checked. If screening is positive, treatment is offered to the patients.
Drug abusers in prison are offered treatment for their dependency. People who are dependent
on drugs are not offered injection material. There is limited outreach work with patients
suffering from severe mental illness and addiction (dual diagnosis). Coordination between
social and health care in regard to this group is not in legislation, regulation or formal
administrative provisions. However according to the Legal Competence Act No 71/1997 and
the Child Protection Act No 80/2002 pregnant women who are drug abusers can be forced to
stay in hospitals during pregnancy in order to protect the safety of the foetus.
Access to treatment services is good. In 2006 there were 75 beds for inpatient treatment, 114
for inpatient rehabilitation, 30 for day rehabilitation. Ambulant services are also available for
treatment and rehabilitation. The facilities are not divided between drugs and alcohol. It is
estimated that it may be around 50/50 but very often the problems are mixed. The total budget
for treatment services is ISK 1.145 million for the year 2009.33
The Public Health Institute encourages consultation between stakeholders. The Institute aims
at keeping strict alcohol legislation in Iceland. The Institute also considers that clarification is
needed as regards provisions on advertising alcoholic beverages. The Institute also
encourages municipalities, work places and schools to make their own policies on alcohol and
illegal drugs. The Institute assists those that are interested.
Collaboration with stakeholders
By means of allocations from the Prevention Fund, and its other programmes, the Public
Health Institute makes a contribution to attaining the stated objectives. The Fund is financed
by 1% of the alcohol tariff. Contributions are made from the Prevention Fund to diverse
programmes.
Prevention Fund
Each year grants are allocated from the Prevention Fund for programmes and research in the
field of alcohol and substance use, which may contribute to future work in the field. The Fund
especially solicits applications from large-scale long-term programmes, such as:
      Collaborative programmes, e.g. in local communities, parents‟ collaboration, etc.
      Research, especially with respect to the social consequences of alcohol and substance
       abuse, or the cost to society
      Programmes concerned with pupils in primary and/or secondary schools
      Programmes concerned with young people who are not in education
      Programmes concerned with the social situation of young people of foreign origin
      Programmes concerned with organised social and leisure activities for children and
       youngsters
Programmes vary greatly in nature and scope, but all must be well-defined, with clear
objectives and target groups. Importance is attached to the programmes being based upon

33
     EUR 6.4 million (EUR 1 = ISK 180, rounded average Central Bank of Iceland exchange rate 2 September 2009).

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evidence-based methods. In the case of large-scale programmes, evaluation of outcome is
required. As the projects are partly or mainly financed by the Fund, supervision is part of the
Public Health Institute role.
 In addition to its direct contributions from the Fund, the Public Health Institute is involved in
a variety of collaboration with bodies working in the field, such as the SAMAN group, Náum
áttum, prevention officers in high schools, Peer Tutoring, local government, NGOs, etc.
Responsibility – For the Good of All
An important facet of preventive work aimed at young people aged 18-25 (as well as older
adults) is to address the threats posed by nightlife and social life. These are no longer
confined to the effects of alcohol consumption; use of illegal substances plays an increasing
role.
The programme Ábyrgð – öllum í hag (Responsible alcohol service) is intended to promote
responsibility, collaboration, debate and coordination of many different bodies. The aim of
the programme is to prevent or reduce the occurrence of injuries and violence on licensed
premises due to consumption of alcohol and other substances, and to restrict sales of alcohol
to those who already are intoxicated or under-age.
The programme is a collaborative undertaking of the Public Health Institute, businesses
licensed to serve alcohol, and many more. The programme has been tested out in the
municipality of Reykjanesbær in the autumn of 2006 and again a year later. The effectiveness
of the programme will be evaluated, inter alia, by ascertaining whether licensed businesses
have reduced their sales of alcohol to under-age or intoxicated customers.
An assessment of the current situation will be made at the commencement of the programme.
Collaboration projects
The SAMAN Group (saman = together) is a collaborative group working in prevention, with
the backing of the Public Health Institute. All Iceland‟s largest communities are now
members of the group, as are the leading non-government organisations involved in the
welfare of children and young people. The SAMAN group works on prevention, focusing on
the family, in relation to events which are likely to lead to increased alcohol and substance
abuse by young people, such as the spring when 16-year-olds graduate from compulsory
education, National Day on 17 June, the August Bank Holiday weekend, and the New Year.
The SAMAN Group focuses on the vital role of parents, and on the family spending time
together. While the SAMAN group primarily emphasises the importance of the family in
prevention of alcohol and substance abuse, the group‟s messages also apply in a broader
context: research has shown that good parent-child relationships are also influential in other
areas, e.g. wellbeing in school and study performance, according to research from 2002.
The SAMAN Group receives funding from local government, and from funds which focus on
preventive action. All such funding is used for educational work and for advertisements,
which are made available free of charge to local government and non-government
organisations.
The Náum áttum Group is another collaborative group which main function is to organize
information meetings on different aspects of prevention and treatment. In addition the Public
Health Institute is assisting and providing communities with guidelines on how to make
policies.




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In cooperation with the primary healthcare the Public Health Institute and School nurses have
developed educational material to be taught at the primary schools. The material is national
and focuses on a healthy lifestyle, including alcohol and illegal drugs.
The Public Health Institute is participating in different European and international
collaborative projects. In Nordic cooperation there is the annual Nordic prevention
conference, held in different Nordic countries. The institute is collaborating in two European
projects, Building the Capacity, that focuses on alcohol policies and FreD goes net, that
focuses on early detection of first time alcohol and drug use among students (16-22 years).
The FreD project is in collaboration with the main treatment facility in Iceland. The Public
Health Institute acts as a national contact with WHO.
Alcohol consumption among children in primary and secondary schools are monitored with
ESPAD, HBSC and other national surveys.
The Icelandic police have put great effort into reducing the availability of drugs in recent
years and often in cooperation with international counterparts.
The existing strategy in Iceland is believed to be in line with the EU strategy and plan but that
needs to be further scrutinized.
For further information a reference is made to Question 24:137.


   142. What are the main features in drug demand reduction, including prevention,
        treatment, rehabilitation and social re-integration of drug addicts, as well as
        harm reduction?
General law enforcement related to drug trafficking and specialised action plans linked to
places and events where there is reason to suspect that drugs will be on offer and/or used.
Information is also provided to the general public on the negative effects of substance abuse.
The police in Iceland closely cooperate with various bodies concentrating on drug prevention
e.g. government ministries and institutions, local authorities and treatment centres.


   143. Although the acquis does not specify any specific administrative structures how
        do you intend to prepare for participation in EMCDDA and the European
        Information Network on Drug and Drug Addiction (REITOX)? Do you intend
        to set up a national focal point or has such a focal point already been
        established?"
Iceland does not participate in the EMCDDA and the European Information Network on Drug
and Drug Addiction (REITOX). Iceland is participating in other monitoring projects such as
ESPAD. The Public Health Institute of Iceland is the national contact with WHO on alcohol
prevention and is participating in different European and Nordic projects. The participation in
EMCDDA is being considered and it is also being considered whether the Public Health
Institute will be the national focal point. The Institute is the centre for information on
prevention and has connections to the treatment sector.




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IX. CUSTOMS COOPERATION WITHIN THE THIRD PILLAR34
       144. Please provide information on legislation or other rules governing the customs
            cooperation area.
  According to Article 43 of the Customs Act No 88/2005 one of the roles of the Directorate of
  Customs is to be in charge of international relations in the customs field as far as decided by
  the Minister. In order to facilitate this, the position of International Affairs Manager was set
  up at the Directorate in 2007.
  The Iceland, and thus consequently the customs authorities, is a party to the Convention
  Establishing the Customs Cooperation Council. As a member country of the World Customs
  Organisation, and part of the Europe Region, the Directorate of Customs participates in joint
  initiatives spearheaded by the organisation as well as cooperating, in various ways, on a bi-
  and multilateral level with the other member countries.
  Further cooperation with EU countries, third countries as well as internationally is based on
  UN conventions, EEA relevant EU Acquis, the Customs Law as well as bilateral agreements
  between the Government of Iceland and the relevant parties.
  As a member of the EEA Agreement Iceland is part of the single market governed by the EU
  acquis Communautaire in the field of the so called four freedoms. Iceland is also a signatory
  to a number of bilateral trade agreements. Apart from the EEA Agreement Iceland has,
  through EFTA, entered into Free Trade Agreements with Canada, Chile, Croatia, Egypt,
  Israel, Jordan, Lebanon, F.Y.R. Macedonia, Mexico, Morocco, PLO, Singapore, SACU,
  Tunisia and Turkey. Iceland furthermore has concluded Free Trade Agreement with both
  Greenland and the Faroe Islands.
  The Nordic Countries cooperate extensively in the field of customs matters, administrative
  assistance included. The Nordic Customs Administrative Council is a formal manifestation of
  that cooperation providing, inter alia, fora for policy dialogue between Directors General as
  well as Heads of Customs Enforcement in the Nordic Countries. In addition, the PTN network
  is the home of extensive Nordic cooperation in the field of police and customs matters with a
  large number of liaison officers stationed in Embassies of the Nordic countries around the
  world.


       145. Does the Customs Administration have an integrated computer system?
  a)     The Icelandic Customs IT System covers import and export manifest registration and
  control, import, transit and export declarations registration and control. The shipping
  companies register their manifests by using EDI or WEB submission and 97% of manifest
  information is registered electronically. The majority of importers and exporters or freight
  forwarders register their declarations using EDI or WEB declarations. The level of electronic
  submission of declarations is also 97% in export and import. The calculation and crediting of
  duties is done electronically. The Customs IT System is linked to other governmental IT
  systems and makes use of their databases or submits electronically the information needed.
  The system has incorporated risk management systems where various parameters can be used
  as required. Various databases in the system are used to control the declarations. The EDI
  system uses UN/EDIFACT messages for interchange between traders and customs, incoming
  CUSDEC and CUSCAR and outgoing CUSGER, CUSDOR, CUSERR, CUSTAR, CUSPAR.
  A figure showing the layout of the system and its links is available in Annex 24:145.

  34
       For further information on customs matters please also refer to Chapter 29, Customs Union.

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b)    The Customs IT System submits all relevant information which is to be found in
customs declarations to the Statistical Bureau electronically.
c)      The Customs Tariff is available on the customs WEB site for internal and external use
with all relevant information, duties, restrictions etc. The Customs IT System which all
customs employees have access to in their work also contains the Customs Tariff with all
information that can be linked to individual tariff headings. The IT system and WEB tariffs
are linked and kept up to date.
d)      Calculation of all customs duties is incorporated in the Customs IT System and it has a
specific accounting system. The accounting system is linked to the State revenue accounting
system where all revenues of the state are registered. Balance of accounts is made on a daily
basis between the systems. Allocation of tariff quotas is partly done in the system mainly by
lowering the duty rate for a fixed time period or by manually lowering duty according to the
allocated quantity quota. The use of quotas is rather limited. Guarantees are recorded in the IT
system at the initial clearance and at release when the consignment gets its final customs
clearance.
The Directorate of Customs strategy on IT is to automate its processes and controls in its
systems as much as possible using computer technology and at the same time follow and keep
up to date with the development in data collection, handling and distribution. The IT system,
which is a centralised system, is a vital part to maintain a uniform functioning of all processes
and procedures according to the legislation and the policy of the Directorate. All declarations
are processed through the IT system. All Customs offices in the country are connected to the
system in real time. All employees have access to computers and the main IT systems at their
work stations and receive training in that field as necessary. The current system is based on a
main frame system from Software AG, ADABAS, written in Natural. Data interchange is
traditional EDI using UN/EDIFACT but it is foreseen that in the near future XML messages
will replace them. Use of data warehouse (Business Objects) has been a valuable instrument
and the aim is to increase the use of it. As the number of NCTS transactions is very low each
year (ca. 1200) an agreement has been made with Norway to connect to NCTS through them.
This has been in operation now for some years. Access to information on the WEB is gaining
more importance every year and the Directorate is aiming at having more services on the
WEB using digital signatures which is becoming increasingly widespread in Iceland replacing
the use of general passwords.
The running of the IT system is out-sourced to a private company according to the
government policy and development of new or renewal of systems is also out-sourced.


   146. Is there development of risk analysis using, inter alia, information derived from
        Memoranda of Understanding (MoU)?
According to Article 40(8) of the Customs Act No 88/2005, risk analysis on the national level
and the development of a surveillance plan for the whole country is the responsibility of the
Directorate of Customs.
The Intelligence and Risk Analysis Department of the Directorate of Customs was established
in 1999 and has a staff of 15 officers. To begin with the department was a support staff
division that only distributed information to other departments. In the year 2006 the
department was empowered to issue binding orders to other departments on which shipments
shall be subject to customs inspection.



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The Directorate of Customs monitors imports and exports, in respect to restrictions and
prohibitions, based on risk analysis from several other government agencies. Wide scope
analysis of imports and exports provides risk indicators that are prioritised, categorised and
fed into the Customs IT System based on available resources. Moreover, risk analysis on
cargo and passengers is partly based on intelligence received from the Icelandic Police
Authorities, the Icelandic Coast Guard, Europol and other foreign Police and Customs
Authorities and other local or foreign law enforcement agencies. The risk analysis department
also receives intelligence from informants and through anonymous tips that furnish important
information both to police and customs.
Concerning technical or electronic possibilities to apprehend contraband, certain filters in the
centralised Customs IT System (system of automatic procession of customs declarations) are
used on parameters in the customs declarations and the cargo manifests to detect goods that
have been declared to customs. These parameters are for instance the personal identification
number of companies or individuals (existing for all legal entities in Iceland, natural persons
as well as legal persons), country of origin, Customs Tariff headings numbers, vessels and
aircrafts etc. Furthermore, it is possible to add filters on any relevant parameters from the
customs declaration and the cargo manifest based on risk management and the customs
strategy. The customs strategy is formulated in a five year Action Programme and further
detailed in a yearly strategic plan. Electronic data interchange (EDI) covers about 98% of
declarations of import and export. A separate system is used to monitor the movement of
passengers on border points. The system is able to search passenger lists and identify
suspicious travellers who might be of interest to Customs. However, this system only works
on an individual basis, e.g. the parameters are the names of the individuals and their point of
departure.
All other parties, those liable for duties as well as others, are obliged to submit to the Director
of Customs free of charge and in the form requested any necessary information and data for
use in general customs control and risk analysis, which he or she may request in relation to
the importation of goods or consignments as well as the transport of passengers to and from
the country. In this connection it is irrelevant whether the information is concerning the party
to which the request is directed or other parties about which he or she can supply information.


   147. What is done to ensure inter-agency co-operation and the implementation of
        mutual assistance agreements?
The Directorate of Customs enjoys excellent cooperation with national supervisory authorities
and by virtue of formal and informal cooperation agreements oversees control of product
groups which fall under the auspices of the agencies in question. The Directorate has entered
into an agreement with the National Commissioner of the Icelandic Police. A part of this
agreement is that the Directorate currently has a part time liaison officer at the office of the
National Police Commissioner. Mutual assistance agreements have been made, e.g. with
Polish and German Customs Authorities. The Iceland, and thus consequently the Customs
Authorities, is a party to the Convention Establishing the Customs Cooperation Council. As a
member country of the World Customs Organisation, and part of the Europe Region, the
Directorate of Customs participates in joint initiatives spearheaded by the organisation as well
as cooperating, in various ways, on a bi- and multilateral level with the other member
countries. The Nordic Countries cooperate extensively in the field of customs matters. The
PTN network is the home of extensive Nordic cooperation in the field of police and customs
matters with a large number of liaison officers stationed in Embassies of the Nordic countries
around the world.

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   148. Does the Customs Administration have a special investigation service with
        sufficient resources?
The Directorate of Customs has a special Investigation Department. The personnel and
equipment available to the Investigation Department is sufficient in order to investigate most
alleged Customs Act infringements it receives information on and which warrant
investigation. There is, however, no leeway for increasing the operations given the framework
the Department is supposed to work within. When the cases in question involve infringements
of laws other than the Customs Act the customs aspect of the case is investigated within the
Customs Investigation Department and the case then sent to the Police and public prosecutor
for further legal procedure. The same applies to serious infringements and infringements
where fines exceed certain limits or where a prison sentence is a probable outcome of
prosecution. The Directorate of Customs does not possess prosecution authority and is only
able to complete minor infringements of Customs Act through fines and, up to a certain point,
seizures. It is then the role of the Investigation Department to offer the accused person the
option of completing the case through the payment of a fine and often the seizure of goods. In
case the accused person does not accept to complete his/her case in this manner the case must
be sent to the Police, which holds prosecution authority in such cases. The Investigation
Department, when the need for assistance arises, takes contact with foreign Customs
Authorities. According to Article 154, 157 and 158 of the Customs Act No 88/2005 the
Investigation Department is authorised, in connection with the investigation of cases, to arrest
a person caught while committing or suspected of violation of the Customs Act and to
interrogate him/her or turn him or her over to the Police as well as conduct searches of storage
facilities and buildings. When preventive custody is needed cases are sent to the Police for
further legal procedure.


   149. Are there adequate methods for the fight against fraud, including the
        introduction of mobile surveillance units?
The law does not provide for the Directorate of Customs investigating fraud and other serious
infringements of the Customs Act. Investigating such cases would generally fall within the
scope of the competence of the Police, cf. Regulation No 804/2007. However, the
Investigation Department would in many instances start the investigation of such cases and
subsequently send it to the police for further procedure. The Directorate of Customs is not in
possession of mobile surveillance units.


   150. Please describe information on the training of customs officers.
According to Article 43 of the Customs Act No 88/2005 one of the roles of the Directorate of
Customs is the operation of the State Customs Academy for the education of customs
employees and others as provided for in laws and regulations. Accordingly the Human
Resource Development Department/Customs Academy develops and updates the strategic
training plan of the Directorate establishing the needs for upgrading the knowledge and skills
of the employees; it organizes systems, development and training procedures for the
employees; provides training evaluations; cooperates with both domestic and foreign
organisations and institutions; manages and updates data related to its competencies.
The training policy of the Directorate of Customs is to provide every employee with an
opportunity for professional development; to develop their skills and knowledge in order to

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increase their qualifications and job performance. The training policy aims at providing the
Directorate with well educated and professionally proficient employees as well as paying
attention to the needs and aspirations of the employees themselves by providing them with
quality education and training which deepens their command of their current job as well as
opening up possibilities for career development within the Directorate itself.
Regulation No 345/2006 stipulates that the training of customs officers shall take place within
the Customs Academy. Entrance requirements for prospective students of the Academy (for
the basic training of customs officers) are the following: to have successfully completed two
years in college and the passing of an examination in languages (Icelandic and English) and
general knowledge as well as a Physical Endurance Test.
 The basic training for customs officers at the Customs Academy shall consist of a minimum
of 950 teaching hours of mandatory subjects as well as some other courses (taking into
account the needs and focus areas of the current syllabus). The mandatory subjects of the
Customs Academy are: Customs Law and System of Governance, Customs Tariff and
General Customs Studies, Studies in Customs Enforcement, Languages, Paperwork and
Reporting, Physical Education, First Aid and Practical Training. The Customs Academy is
also responsible for continuing education for customs officers, shorter and longer courses for
further education where new developments and innovations are introduced, training given on
selected issues such as car searches or refresher courses on issues from the basic education.
Specialized courses are also offered on issues such as dog training and use of mobile
scanners.


   151. Which measures are taken to ensure the integrity of customs officers and
        prevent corruption?
Certain general conditions need to be met by employees in order to qualify for an
appointment to a government post. Applicants for jobs in Customs must present, inter alia, a
certificate from the police registry before they are hired.
All employees receive education on the rights and duties of government employees and those
issues are also dealt with in the Staff Handbook.
Following is a brief account of the requirements regarding the conduct of government
employees, according to the principles of law regarding general job responsibilities and
conduct within public administrations.
       1. A government employee respects the principles of a fair regime:
    Is responsible for decisions, effectiveness and conduct
    Is unbiased and impartial
    Observes considerations of legality, objectivity, equality and proportionality
    Observes considerations of access to information and the transparency of public
     administration.
       2. A government employee´s professional procedure and conduct is exemplary:
    Performs his duties with diligence and care in every respect, is polite, flexible and fair
     and renders necessary assistance and guidance to those who seek it from him, for
     instance by informing them where they should direct their inquiries
    Avoids anything in his work or outside the work place which could sully his reputation
     or the job he performs or the profession to which he belongs

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    Avoids conduct which is improper, inappropriate or incompatible with his/her job
       3. A government employee performs his duties to the best of his/her abilities:
    Is punctual
    Performs his/her duties with skill and proficiency and avoids negligence of any kind
    Ensures that financial arrangements for which he/she is responsible are in line with
     authorized facilities
    Maintains sufficient professional proficiency
    Maintains satisfactory job performance
       4. A government employee uses his/her position and authority solely for public
       interest:
    Does not accept or request gifts or other profits to which he/she is not entitled in
     connection to the performance of his/her job
    Is fair and unbiased when settling cases and does not misemploy his/her authority
    Does not abuse his/her position for his own benefit or the benefit of others
    Observes confidentiality in regard to matters of which he gains knowledge in his work
     and shall be regarded as confidential according to law, the instructions of superiors or
     by the nature of matter
       5. A government employee is cautious in his personal conduct:
    Avoids conduct which is incompatible with his job (incl. infringement of the General
     Penal Code)
    Does not take up a paid job in the service of another party, join the management of an
     enterprise or establish an enterprise without informing the authority that provided him
     with his job
    Is in charge of his/her own finances, especially if responsible for official finances
An employee who is found guilty of an infringement of his/her terms of reference may, where
applicable, be issued with a written reprimand and/or be dismissed from his/her job in
accordance with provisions in the Government Employees Act 70/1996.
For further information on anti-corruption please refer to Chapter 23, section II.


   152. What internal disciplinary procedures exist?
The internal procedures regarding conduct and discipline are those provided for in the
Government Employees Act No 70/1996. If an employee is unpunctual or has shown other
negligence, insubordination against legal instructions or prohibition of his/her superior,
incompetence or sloppiness in his/her work, has not been adequate in his/her work, been
drunk on the job or his/her comportment or demeanour are deemed incompatible with his/her
job, the head of the agency shall issue a written reprimand to him/her cf. Article 21 of the Act.
The employee shall be given the opportunity beforehand to present his/her side of the issue
when possible.
Articles 26-29 of the Government Employees Act provide for measures to be taken in case of
temporary or permanent relief of a post in the wake of disciplinary issues:


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       Article 26. A civil servant shall be temporarily relieved of his post if he has been
       unpunctual or otherwise negligent, shown disobedience against lawful instructions or
       prohibitions of his superior, a lack of skill or sloppiness in his work, has not been
       adequately successful in his work, cf. for instance Article 38, has been drunk at work
       or his comportment or actions at work or outside are otherwise inappropriate for the
       post he occupies.
       If a civil servant is in charge of finances or accounting he may be temporarily relieved
       of his post if it is suspected or confirmed that the accounts or finances are in disorder,
       he has been subjected to bankruptcy proceedings or sought forced debt negotiation.
       The same applies if a civil servant is suspected of actions which would lead to his loss
       of rights pursuant to Article 68 of the General Penal Code.
       A temporary relief from duties shall generally be written, giving specified reasons. If a
       civil servant is temporarily relieved of his post for reasons specified in para. 2, he must
       be given a reprimand according to Article 21 and he must be given the opportunity to
       make amends before he is relieved of his post. This apart, it is not necessary to give
       him the opportunity to comment upon the reasons for his relief from his post before it
       takes effect.
       A temporary relief from a post shall be explained if a civil servant so wishes. If a
       government authority other than a minister has taken such a decision, it may be
       referred to the minister.
       Article 27. In the case where a civil servant has been temporarily relieved of his post
       for deliberate infractions of his duties his case shall immediately be investigated by a
       committee of specialists so as to discover whether he should be permanently relieved
       of his duties or he should resume his post. A government authority or an employee
       may always refer a case to investigation in accordance with procedures in criminal
       cases.
       A committee which shall investigate a case of a civil servant in accordance with para.
       1 shall consist of three persons with specialised knowledge of public administration.
       The Minister of Finance appoints the committee; the chairman and his alternate for a
       term of four years. Other committee members serve on the committee in each case;
       one nominated by the minister concerned and the other jointly by the unions of
       government employees. If the unions cannot agree on a nomination, the Minister
       appoints the committee member without nomination. The committee shall deliver a
       reasoned opinion as to why a civil servant should be temporarily relieved of his duties.
       Article 28. A civil servant shall receive half the fixed salary connected with his post
       during the period he is temporarily relieved of his post. He shall keep the residence or
       farm connected with his post for which he shall pay an assessed charge deductible
       from his pay.
       In the case where a person that has been temporarily relieved of his post resumes his
       duties he shall be viewed as having been at his post without interruption. He shall be
       awarded such pay as had been cut earlier.
       Article 29. A civil servant shall be permanently discharged if he has been deprived of
       his right to his post with a final court verdict. If a civil servant has been deprived of
       such right by a district court verdict, such a verdict shall specify that such a
       deprivation shall take effect immediately or be postponed until it transpires whether
       the case is appealed to a higher court or until a higher court verdict is at hand.
       A civil servant shall be permanently discharged from his post if the majority of the
       committee according to Article 27 reaches the conclusion that he was rightfully
       relieved temporarily from his post, unless those charges brought against him prove to

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       be unfounded.
       A civil servant shall be permanently discharged from his post without notice if he has
       confessed his guilt to punishable activity which is expected to lead to a deprivation of
       rights according to Article 68 of the General Penal Code.
Article 30 of the Government Employees Act No 70/1996 provides for actions to be taken in
the case of prolonged illness of an employee:
       Article 30. If a civil servant has been absent from work due to illness or accident for a
       consecutive period of one year or a period equivalent to l/18 of his consecutive service
       with the Government, should such a period exceed one year, he shall be relieved of his
       post due to illness. This does not apply if a physician certifies that there is prospect for
       full recovery within the next three months. At the end of this period he would in any
       case be relieved of his post if he is still unable to work.
       If a civil servant falls sick and a doctor certifies that his health is such that it will no
       longer be possible to let him work, he may be relieved of his post due to ill health
       when sick pay expires; this decision may be referred to the minister concerned.
       If a civil servant is relieved of his post according to this Article he shall receive
       unchanged pay for three months. The same applies to pay to the surviving spouse of a
       deceased civil servant.


   153. Are any statistics available on the number and type of disciplinary cases that
        have been undertaken in the last 3 years?
Two cases involving disciplinary action have been undertaken in the last 3 years. The one
involves a written reprimand being issued to an employee because of inadequacy in the
performance of his/her duties and the second one concerns an employee who was relieved of
his/her post for the reason of repeated and prolonged incapacity for work due to illness.


Protection of the financial interests of the European Communities (third pillar aspects)
   154. Does National law criminalise fraud against the Communities financial
        interests, covering both expenditure and revenue?
Icelandic national law does not specifically criminalise fraud against the Communities‟
financial interests. However, in such cases, the relevant provisions on fraud found in Chapter
XXVI. of the General Penal Code No 19/1940, would apply:
       Article 248 In case a person induce another to do or omit something by unlawfully
       arousing, promoting or utilizing his/her incorrect or vague idea about some incidents
       and thus deprives him/her or others of funds, this is subject to imprisonment for up to
       6 years.
       Article 249 In case a person who has been placed in a position to do something to
       which another has been confined or handles financial affairs for others abuses his/her
       position, this will be subject to imprisonment for up to 2 years and the penalty may be
       rendered heavier in case of a very major offence or up to 6 years imprisonment.
       Article 250 Fraudulent settlement shall be subject to up to 6 years imprisonment in
       respect of anyone being guilty of the following acts:




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       1. Refuses having received monetary credit or other credit for ownership or payment
       and for which refund is to be effected or refuses to stand by a duty by means of the
       incorrect use of evidence.
       2. Sells, hypothecates, reserves for himself/herself or disposes in another manner of
       his/her valuables the right to which has been acquired by another person to such an
       extent that the act will not be compatible to the right of the former.
       3. Performs anything after his/her estate has been taken for administration as a
       bankruptcy estate or [while he/she holds a permit for moratorium or to seek
       composition without prior bankruptcy administration] 1) aimed at that the assets or
       claims of the estate would not come of use for the creditors.
       4. Abridges the right of any of his/her creditors to acquire satisfaction through his/her
       assets by granting incorrect information, abstracting assets, acts for the sake of
       appearance, unsuitably extensive gifts or spending , sale of assets for an unsuitably
       low price, payment or security for claims which have not fallen due or relatively high
       claims which have fallen due, the establishment of new indebtedness which diminishes
       his/her financial status or in another similar manner.
       In case an act referred to in clause 4 has been committed for the purpose of siding with
       some creditor to the detriment of others, the creditor shall be punished only provided
       he/she has induced the debtor to undertake the concession at the time the creditor saw
       that bankruptcy or moratorium were impending.
       In case an offence described in clause 4 has been committed without any specially
       secured right being abridged or without having been followed up by a fruitless act of
       execution, bankruptcy or arrangements for negotiations relating to compositions
       agreements without bankruptcy administration, a Lawsuit shall be brought only
       provided this is required by the injured party.


   155. Does National law provide for the concepts of criminal liability of heads of
        businesses and liability of legal persons for these offences?
As mentioned above, there are no provisions or legislation criminalising those specific kinds
of fraud offences. Therefore, the same applies for specific national legislation providing for
the concept of criminal liability of heads of businesses and liability of legal persons. In such
cases, the general rules of Icelandic legislation on the criminal liability of legal persons for
fraud offences would apply.
General provisions concerning the criminal liability of legal persons can be found in Chapter
II A. of the General Penal Code No 19/1940.
       Article 19 a. A legal person shall be ordered to pay a fine if this is provided for by
       Law.
       Article 19 b. Provisions of Law on the criminal liability of legal persons shall, subject
       to any limitations provided for therein, apply to any entity who while not being a
       natural person is capable of enjoying rights and bearing duties under Icelandic Law,
       including public limited liability Companies, private limited liability Companies,
       Companies with mixed liability of owners, European Interest Groupings, partnership
       Companies, co-operative societies, public associations, independent foundations,
       administrative authorities, institutes and Municipalities.



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        Article 19 c. Subject to provisions in Law, a legal person can only be made criminally
        liable if its spokesman, employee or other person acting on its behalf has committed a
        criminal and unlawful act in the course of its business. Penalties shall be imposed even
        if the identity of this legal person has not been established. Administrative authorities
        can only be made criminally liable if a criminal and an unlawful act has been
        committed in the course of an operation deemed comparable to the operations of
        private entities.]1)


     156. Has your country established jurisdiction over all of these offences?
 So far, no cases of this kind have been brought before Icelandic courts. Therefore, the
 question on established jurisdiction cannot be answered. However, a reference is made to
 Article 6 of the General Penal Code (for the exact wording of the Article please refer to
 Question 24:47).



X. COUNTERFEITING OF THE EURO
 Protection of the euro against counterfeiting (“third pillar aspects”)
     157. Has your country acceded to the 1929 International Convention on the
          Suppression of Counterfeiting?
 Iceland has not acceded to the 1929 International Convention on the Suppression of
 Counterfeiting.


     158. Does national law criminalise the making and altering of counterfeit currency
          and related offences? Does it ensure that such activity is punished by
          appropriate criminal penalties, including imprisonment and the possibility of
          extradition?
 Chapter XVI of the General Penal Code No 19/1940 (GPC) covers Counterfeiting of Money
 and other Offences concerning Legal Tender. The definition of counterfeiting is provided in
 Article 150 of the GPC, which states that “anyone counterfeiting money for the purpose of
 putting it into circulation as legal tender and anyone acquiring counterfeit money for himself
 or others with the self-same end in view.” The Article also states that anyone who is found
 guilty of counterfeiting shall be subject to imprisonment for up to twelve years. In case
 counterfeiting be performed in such a manner as to reduce the specific value of legal tender
 the penalty shall consist of imprisonment for up to 4 years.
 According to Article 151 of the GPC anyone handing out money which he/she knows to be
 counterfeit shall be subject to the self-same penalty as if he/she forged it himself/herself. In
 case he/she has believed the money to be genuine at the time he/she received it, imprisonment
 for up to 1 year or fines may be applied. Article 152 stipulates that anyone handing out money
 which he/she suspects of being counterfeit shall be subject to imprisonment for up to 2 years.
 In case he/she has believed the money to be genuine at the time he/she received it, fines may
 be applied and penalty may even be dropped in mitigating circumstances. And finally Article
 153 stipulates that it is subject to fines to fabricate, import or distribute objects which, by their
 form or appearance, bear a striking resemblance to money or bonds intended for general
 circulation.


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   159. Does national law ensure that it has the appropriate jurisdiction over offences
        involving counterfeiting, both of the euro and of other currencies?
The definition of counterfeiting is provided in Article 150 of the General Penal Code No
19/1940, which states that “anyone counterfeiting money for the purpose of putting it into
circulation as legal tender and anyone acquiring counterfeit money for himself or others with
the self-same end in view.”
The definition of counterfeiting applies to all currencies regardless of its origin.


   160. Does national law provide for the concept of criminal liability of legal persons
        for these offences?
It is a criminal offence not to withdraw from circulation all banknotes and coins which are
believed to be counterfeit, cf. Article 151 and 152 of the General Penal Code No 19/1940.
The sanctions are imprisonment for up to 1 year and up to 2 years, or fines.


   161. Does your country recognise, for the purposes of establishing habitual
        criminality, sentences handed down in other Member States for these offences?
Yes, Iceland does recognise, for the purposes of establishing habitual criminality, sentences
handed down in other Member States for these offences as it has ratified the European
Convention on the Validity of Criminal Judgements of 7 November 1993.


   162. Have you formally designated a National Central Office on currency
        counterfeiting in line with Article 12 of the 1929 Geneva Convention and
        Regulation 1338/2001?
Because counterfeit currency has not been a problem in Iceland until now there is no formal
national Central Office for currency counterfeiting. However, the International Division of the
National Police Commissioner receives and distributes to relevant law enforcement
authorities available information from other countries.




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