Headquarters
United States Army Europe
Wiesbaden, Germany

Headquarters
United States Army Installation Management Command,
    Europe Region
Sembach, Germany

Army in Europe
Regulation 190-62*

21 November 2013

Military Police

Army in Europe Military Police and Investigation Programs


*This regulation supersedes AE Regulation 190-62, 7 July 2005, and AE Regulation190-30, 3 September 2009.



For the Commander:

JAMES B. MINGO
Colonel, GS
Chief of Staff

Official:

DWAYNE J. VIERGUTZ
Chief, Army in Europe
    Document Management



Summary. This regulation prescribes policy on military law enforcement in the European theater. It further establishes policy and procedures for certifying and using military police investigators (MPI), Department of the Army civilian investigators, customs inspectors, and local national customs investigators in the Army in Europe.

Summary of Changes. This revision—

  • Deletes references to unit police throughout.


  • Deletes references to the 202d Military Police Group (Criminal Investigation Division) throughout.


  • Assigns responsibility to the 21st Theater Sustainment Command for military police (MP) or armed guard support for transit-security operations (para 1-7).


  • Transfers the authority to approve the issue of and permanently withdraw MPI credentials from the USAREUR Provost Marshal to the Region Director, IMCOM-Europe (para 1-9).


  • Prescribes restrictions on the use of MP personnel (para 2-5).


  • Provides stipulations on the MP uniform and equipment (para 2-17).


  • Specifies investigation support provided to customs operations in Germany (app B).
  • Applicability. This regulation applies to Army in Europe organizations.

    Records Management. Records created as a result of processes prescribed by this regulation must be identified, maintained, and disposed of according to AR 25-400-2. Record titles and descriptions are available on the Army Records Information Management System website at https://www.arims.army.mil.

    Supplementation. Organizations will not supplement this regulation without approval of the Law Enforcement Branch, Provost Marshal Division, G34 Protect Directorate, Office of the Deputy Chief of Staff, G3/5/7, HQ USAREUR.

    Forms. This regulation prescribes AE Form 190-62A and AE Form 190-62B. AE and higher level forms are available through the Army in Europe Library & Publishing System at Army in Europe Publishing System (AEPUBS).

    Suggested Improvements. The proponent of this regulation is the Law Enforcement Branch, Provost Marshal Division, G34 Protect Directorate, Office of the Deputy Chief of Staff, G3/5/7, HQ USAREUR (mil 334-2129). Users may send suggested improvements to this regulation by e-mail to the USAREUR G/5/7 (AEOP-PDP-LE) at usarmy.badenwur.list.opm-le-reports@mail.mil.



    CONTENTS


    CHAPTER 1
    GENERAL

    SECTION I
    INTRODUCTION


    SECTION II
    RESPONSIBILITIES


    CHAPTER 2
    POLICE SERVICES

    SECTION I
    MILITARY POLICE


    SECTION II
    COURTESY PATROLS


    SECTION III
    EQUIPMENT


    SECTION IV
    ESCORTS


    SECTION V
    CUSTOMS INVESTIGATIONS


    CHAPTER 3
    MILITARY POLICE INVESTIGATIONS

    SECTION I
    MILITARY POLICE INVESTIGATOR CERTIFICATION


    SECTION II
    CREDENTIALS


    SECTION III
    PROCEDURES


    Appendix
    A. References
    B. Investigations Support to Customs Operations in Germany

    Figures
    1. Format for Requesting an MPI-Candidate Name Check
    2. Message Format for Verifying the Issue of MPI Credentials
    3. Format for Recommending Permanent Withdrawal From the MPI Program
    4. Message Format for Withdrawal of MPI Credentials
    5. Format for Requesting Civilian-Clothing Allowance

    Glossary



    CHAPTER 1
    GENERAL


    SECTION I
    INTRODUCTION


    1-1. PURPOSE
    This regulation—


    1-2. REFERENCES
    Appendix A lists references.


    1-3. EXPLANATION OF ABBREVIATIONS AND TERMS
    The glossary defines abbreviations and terms.


    1-4. RESPONSIBILITIES
    Section II of this chapter prescribes responsibilities.


    1-5. USAREUR PROVOST MARSHAL ADDRESSES
    The USAREUR Provost Marshal (PM) official-mail and electronic-message addresses are as follows:


    SECTION II
    RESPONSIBILITIES


    1-6. USAREUR PROVOST MARSHAL
    The USAREUR PM is responsible for staff supervision of the MPI program and will—


    1-7. CG, 21ST THEATER SUSTAINMENT COMMAND
    The Commanding General, 21st Theater Support Command (21st TSC), will—


    1-8. COMMANDER, 5TH MILITARY POLICE BATTALION (CID)
    The Commander, 5th MP Bn (CID), is responsible for—


    1-9. IMCOM-EUROPE


    1-10. UNITED STATES ARMY GARRISON COMMANDERS
    USAG Commanders will—


    CHAPTER 2
    POLICE SERVICES


    SECTION I
    MILITARY POLICE


    2-1. RESPONSIBILITIES
    MP personnel—


    2-2. SERVICES
    MP services include the following:


    2-3. CERTIFICATION


    2-4. STANDARDS


    2-5. RESTRICTIONS


    2-6. FIREARMS


    2-7. LAW-ENFORCEMENT AUTHORITY
    U.S. laws and regulations and international agreements govern MP authority in the European theater. Although MP personnel generally have LE authority on U.S. installations, they have only limited authority to maintain order and discipline over U.S. military and civilian personnel with SOFA status off post. HN police forces have primary LE authority off post. HN police forces also have limited LE authority on U.S. installations. MP authority over HN and third-country civilians is very limited and varies from country to country. It typically extends only to the temporary detention of personnel apprehended during a crime and lasts only until such personnel can be promptly and properly transferred to HN LE personnel. As a minimum, the NATO SOFA always permits the MP to take all appropriate measures to ensure the maintenance of order and security on U.S. Army installations in Europe. The specific limits of this authority vary from country to country. USAG PMs or DESs will consult with the servicing international law attorney to seek legal training and advice. This training should include whether or not the MP may detain HN or third-country personnel and, if so, under what conditions, what limits apply to searching these individuals if detained, and what the roles of authorities are on and off the installation.


    2-8. TRAFFIC OFFENSES AND ACCIDENTS


    SECTION II
    COURTESY PATROLS


    2-9. EMPLOYMENT
    CP personnel will—


    2-10. CP PERSONNEL
    CP personnel will be—


    2-11. SUPERVISION
    An officer or senior NCO will supervise CP personnel as prescribed by the USAG commander. The USAG commander may delegate operational responsibility for CP personnel to the garrison PM.


    2-12. RECORDS AND REPORTS
    CP supervisors will—


    2-13. EQUIPMENT

    USAG commanders will—


    2-14. TRAINING
    USAG commanders will ensure that Soldiers are trained before being assigned to serve on a CP. The USAG PM or DES can provide input for additional required training.


    SECTION III
    EQUIPMENT


    2-15. VEHICLES


    2-16. RADIOS
    All commercial radios used for LE duties must meet U.S. Army data-encryption standards. Government-issued cell phones will be used only as a backup for radios when radios are not in range and communication with the PM office is not possible through the use of the radio.


    2-17. MILITARY POLICE UNIFORM AND EQUIPMENT


    SECTION IV
    ESCORTS


    2-18. GENERAL


    2-19. REQUESTING ESCORTS
    Requests for escorts for money transfers will be coordinated with the USAG PM as follows:


    2-20. PERSONNEL AND EQUIPMENT
    Escorts—


    SECTION V
    CUSTOMS INVESTIGATIONS


    2-21. AUTHORITY
    U.S. laws, regulations, and international agreements govern USFC-E authority in the European theater. Although USFC-E personnel (MPI military occupation series 31BV5 and LNCI series 1810/1811) generally have customs LE authority on U.S. installations, they have only limited customs authority over U.S. military and civilian personnel with SOFA status off post. HN customs personnel have primary customs authority off post. HN customs personnel also have limited customs authority on U.S. installations. HN customs authority extends to occasional inspections of APO mail received and sent through the Military Postal Service. USFC-E authority over HN and third-country civilians is very limited and varies from country to country; it typically extends only to the temporary detention of personnel apprehended during a crime and lasts only until such personnel can be promptly and properly transferred to HN LE personnel. USFC-E supervisors will consult with their international law attorneys to determine what authorities exist in their area. USFC-E supervisors should seek legal training and advice concerning the limits of customs authority in their AOR. In accordance with USEUCOM policy, USAREUR serves as the customs-enforcement agency in Germany. Appendix B describes investigation support to German customs authorities.


    CHAPTER 3
    MILITARY POLICE INVESTIGATIONS


    SECTION I
    MILITARY POLICE INVESTIGATOR CERTIFICATION


    3-1. NAME CHECKS
    All organizations nominating an individual for MPI duty will send a memorandum to the Emergency Services Branch, Office of the Assistant Chief of Staff, G3/5/7, HQ IMCOM-Europe, by e-mail (usarmy.badenwur.imcom-europe.mbx.imcom-e-taskings@mail.mil) requesting an MPI-candidate name check (fig 1). The Emergency Services Branch will review, approve if appropriate, and forward the request through the United States Human Resources Command (HRC) to the USACRC. The individual must receive a favorable response before being issued credentials or conducting any investigative activity.


    3-2. TRAINING


     

     

    Figure 1. Format for Requesting an MPI Candidate Name Check


    SECTION II
    CREDENTIALS


    3-3. CREDENTIAL ISSUE


     

     

    Figure 2. Message Format for Verifying the Issue of MPI Credentials


    3-4. CREDENTIAL CONTROL
    Organizations will control credentials in accordance with AR 190-30.


    3-5. WITHDRAWING MPI CREDENTIALS AND REMOVING AN MPI FROM THE MPI PROGRAM
    The withdrawal of MPI credentials will be in accordance with the procedures prescribed in AR 190-30. When an organization determines that an MPI is no longer qualified to perform MPI duties, the organization will—


     

     

    Figure 3. Format for Recommending Permanent Withdrawal From the MPI Program


     

     

    Figure 4. Message Format for Withdrawal of MPI Credentials


    SECTION III
    PROCEDURES


    3-6. MPI RESPONSIBILITIES
    AR 195-2, table B-1, prescribes MPI responsibilities.


    3-7. TRANSFER OF INVESTIGATIVE RESPONSIBILITIES
    Investigative responsibilities may be transferred to or from the USACIDC as follows:


    3-8. INVESTIGATIONS AND REPORTS

    NOTES:
    1. Copies of DA Form 3975 may be obtained through the Computerized Operations Police Suite (COPS).
    2. When the disclosure of certain subjects would hinder investigative efforts in sensitive cases, the first progress reports should not be sent through normal distribution channels, but carried directly to the applicable addressees.


    NOTE: Reports between the second and final reports will be consecutively numbered (for example, THIRD PROGRESS REPORT, FOURTH PROGRESS REPORT) and include the information in (2) above.


    NOTE: Customs reports of investigation will be completed according to the procedures described in d(1) through (3) above.



    3-9. OFF-POST INVESTIGATIONS


    3-10. USE OF NATIONAL CRIME INFORMATION CENTER
    MPIs may request information about deserters from the National Crime Information Center through the USAREUR PM.


    3-11. EVIDENCE


    3-12. CIVILIAN-CLOTHING ALLOWANCE
    The USAREUR G4 is the approval authority for civilian-clothing allowance in the Army in Europe. Organizations will send requests for civilian-clothing allowances (fig 5) with a copy of the individual’s orders and duty appointment memorandum through the USAREUR PM to the USAREUR G4.


     

     

    Figure 5. Format for Requesting Civilian-Clothing Allowance


     

     

    Figure 5. Format for Requesting Civilian-Clothing Allowance (cont)


     

    APPENDIX A
    REFERENCES


    SECTION I
    PUBLICATIONS

    NATO Status of Forces Agreement (SOFA)

    Supplementary Agreement to the NATO SOFA

    Administrative Agreement to Article 74 of the Supplementary Agreement to the NATO SOFA

    Manual for Courts-Martial United States

    AR 190-14, Carrying of Firearms and Use of Force for Law Enforcement and Security Duties

    AR 190-30, Military Police Investigations

    AR 190-45, Law Enforcement Reporting

    AR 195-2, Criminal Investigation Activities

    AR 195-5, Evidence Procedures

    AR 570-4, Manpower Management

    AR 670-1, Wear and Appearance of Army Uniforms and Insignia

    AR 700-84, Issue and Sale of Personal Clothing

    DA Pamphlet 611-21, Military Occupational Classification and Structure

    AE Regulation 190-45, Law Enforcement Reporting

    AE Regulation 550-175, U.S. Forces Customs Controls in Germany

    AE Circular 190-24, Consolidated List of Off-Limit Areas, Establishments, Firms, Individuals, and Organizations

    AE Pamphlet 550-19, Compilation of Selected German Laws

    Special Text (ST) 19-31B, Military Police Field Training Manual


    SECTION II
    FORMS

    DD Form 1408, Traffic Ticket, Armed Forces

    DA Form 3975, Military Police Report

    DA Form 4137, Evidence/Property Custody Document

    DA Form 7569, Investigator Activity Summary

    AE Form 190-62A, Military Police Investigation Case Log

    AE Form 190-62B, Military Police Investigation Case Progress Record

     

    APPENDIX B
    INVESTIGATIONS AND SUPPORT TO CUSTOMS OPERATIONS IN GERMANY


    B-1. AUTHORITY
    In Germany, United States Forces Customs-Europe (USFC-E) personnel may—


    B-2. RESPONSIBILIITES
    USFC-E personnel are responsible for enforcing U.S. customs laws and regulations on all military installations in Germany in accordance with the Supplementary Agreement (SA) to the NATO Status of Forces Agreement (SOFA), Article 74, and AE Regulation 550-175. USFC-E personnel will—


    B-3. CUSTOMS INVESTIGATIONS


    B-4. RESTRICTIONS


    B-5. SUPERVISION


    B-6. PERSONNEL, UNIFORMS, AND IDENTIFICATION


    B-7. TRAINING
    All personnel assigned to USFC-E must successfully complete customs-enforcement and -services training conducted by the CEA.


     

    GLOSSARY


    SECTION I
    ABBREVIATIONS


    5th MP Bn (CID)5th Military Police Battalion (Criminal Investigation Division)
    ACUArmy combat uniform
    AEArmy in Europe
    AORarea of responsibility
    APOArmy post office
    AT/FPantiterrorism/force protection
    AWDaudible warning device
    CEACustoms Executive Agent
    CGcommanding general
    COPSComputerized Operations Police Suite
    CPcourtesy patrol
    DADepartment of the Army
    DACDepartment of the Army civilian
    DEROSdate expected to return from overseas
    DESdirector, emergency services
    DODDepartment of Defense
    ETSexpiration term of service
    GTgeneral/technical
    HNhost nation
    HQ IMCOM-EuropeHeadquarters, United States Army Installation Management Command, Europe Region
    HQ USAREURHeadquarters, United States Army Europe
    HRCUnited States Army Human Resources Command
    IMCOM-EuropeUnited States Army Installation Management Command, Europe Region
    LElaw enforcement
    LNCIlocal national customs investigator
    MPmilitary police
    MPImilitary police investigator
    NATONorth Atlantic Treaty Organization
    NCOnoncommissioned officer
    OColeoresin capsicum
    OPMOffice of the Provost Marshal, Headquarters, United States Army Europe
    PCSpermanent change of station
    PMprovost marshal
    POCpoint of contact
    POVprivately owned vehicle
    SAsupplementary agreement
    SJAstaff judge advocate
    SOFAStatus of Forces Agreement
    SSNSocial Security number
    STskilled/technical
    U.S.United States
    UCMJUniform Code of Military Justice
    UICunit identification code
    USACF-EUnited States Army Confinement Facility-Europe
    USACIDCUnited States Army Criminal Investigation Command
    USACRCUnited States Army Crime Records Center
    USAMPSUnited States Army Military Police School
    USAREURUnited States Army Europe
    USEUCOMUnited States European Command
    USFC-EUnited States Forces Customs-Europe


    SECTION II
    TERMS


    non-unit-configured
    Arms, ammunition, and explosives that have been repacked by other than the manufacturer.

    transit-security operations
    The movement and security of non-unit-configured items.

    MP personnel
    Uniformed members of the United States Army Military Police Corps who are qualified in military occupational specialty 31B and certified to conduct community law enforcement.