United States Army Europe
United States Army Installation Management Command,
Army in Europe
21 November 2013
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
Chief of Staff
DWAYNE J. VIERGUTZ
Chief, Army in Europe
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 revisionDeletes 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 firstname.lastname@example.org.
MILITARY POLICE INVESTIGATIONS
MILITARY POLICE INVESTIGATOR CERTIFICATION
B. Investigations Support to Customs Operations in Germany
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
a. Assigns responsibility for military police (MP) personnel, military police investigators (MPIs), Department of the Army civilian (DAC) investigators, United States Forces Customs-Europe (USFC-E) inspectors, and local national customs investigators (LNCIs) in the European theater.
b. Establishes policy and procedures for selecting and using MP personnel and courtesy patrol (CP) personnel.
c. Outlines MPI, USFC-E inspector, CP, and DAC investigator jurisdiction and authority in Germany.
Appendix A lists references.
1-3. EXPLANATION OF ABBREVIATIONS AND TERMS
The glossary defines abbreviations and terms.
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:
a. Official mail: USAREUR Provost Marshal (AEOP-PDP-L), Unit 29351, APO AE 09005-9351.
b. Electronic message: USAREUR PROVOST MARSHAL WIESBADEN GE//
1-6. USAREUR PROVOST MARSHAL
The USAREUR PM is responsible for staff supervision of the MPI program and will
a. Advise the CG, USAREUR, and HQ USAREUR and HQ IMCOM-Europe staff principals on MP and customs operations, plans, and policy.
b. Serve as the Director, United States Army Confinement Facility-Europe (USACF-E), with technical oversight and authority of the USACF-E.
c. Provide support to the 5th Military Police Battalion (Criminal Investigation Division) (5th MP Bn (CID)), when requested.
d. Conduct staff-assistance visits of all United States Army garrison (USAG) PM offices.
e. Develop plans for mobilizing and deploying USAREUR and IMCOM-Europe MP forces.
f. Coordinate and standardize law-and-order operations in USAG areas of responsibility (AORs).
g. Maintain communication with host-nation (HN) law enforcement (LE) authorities (for example, customs, police, traffic authorities).
h. Exercise staff supervision over the processing of serious incident reports (AE Reg 190-40).
i. Provide technical expertise to the Seventh United States Army Joint Multinational Training Command on MP training courses.
j. Provide technical support for MP computer systems.
k. Supervise the USAREUR Registry of Motor Vehicles.
l. Supervise the USAREUR Military Working Dog Program.
m. Exercise supervisory control and certification of all HN-related customs services and enforcement in Germany in accordance with the Supplementary Agreement (SA) to the NATO Status of Forces Agreement (SOFA) (AE Reg 550-175).
n. Establish AORs for USAG directorates of emergency services.
1-7. CG, 21ST THEATER SUSTAINMENT COMMAND
The Commanding General, 21st Theater Support Command (21st TSC), will
a. Be responsible for MP or armed guard support of transit-security operations (glossary) involving the movement of non-unit-configured (glossary) arms, ammunition, and explosives; classified equipment, and sensitive items.
b. Provide advice on transit-security operations.
c. Equip all assigned military police Soldiers with required personal LE road gear.
d. Train and certify all assigned military police Soldiers in accordance with ST 19-31B. Battalion commanders and above will be the certifying officials.
1-8. COMMANDER, 5TH MILITARY POLICE BATTALION (CID)
The Commander, 5th MP Bn (CID), is responsible for
a. Providing criminal investigative services in accordance with AR 190-45 and AR 195-2 for the Army in Europe.
b. Conducting crime-prevention surveys to analyze specific criminal activity.
c. Managing the High-Risk Personnel Program and conducting personnel security vulnerability assessments.
a. The Region Director, IMCOM-Europe, is responsible for
(1) Monitoring the nomination of candidates for the MPI Program submitted by USAG commanders, PMs, and designated officials employing MPIs, DAC investigators, and LNCIs.
b. The Emergency Services Branch, Office of the Assistant Chief of Staff, G3, HQ IMCOM-Europe, will
(2) Approving the issue of MPI, DAC investigator, and LNCI credentials.
(3) Approving temporary or permanent withdrawal of MPI credentials.
(1) Forward requests for name checks of MPI Program candidates to the United States Army Crime Records Center (USACRC) (para 3-1).
(2) Process requests for approval for MPI, DAC investigator, and LNCI credentials (para 3-3).
1-10. UNITED STATES ARMY GARRISON COMMANDERS
USAG Commanders will
a. Provide MP services (excluding customs, corrections, and railhead security) in their AORs.
b. Coordinate with HN police and MP officials of other Services stationed in the same geographic area. This coordination includes
(1) Determining operational boundaries.
c. Avoid unnecessary duplication of functions or operations. When practical and economical, USAG commanders may provide or accept LE support service from other units.
(2) Investigating offenses.
(3) Operating MP stations.
(4) Receiving and complying with USAREUR PM guidance on LE matters.
(5) Coordinating support for emergency services and explosive ordnance disposal.
d. Provide required equipment to CPs.
e. Perform all of the following together with PMs, designated USFC-E officials employing MPIs, DAC investigators, and LNCIs in active LE operations:
(1) Nominate personnel for training and certification as MPIs and DAC investigators.
(2) Send requests for name checks of all MPI and DAC investigator candidates to the Emergency Services Branch (para 3-1).
(3) Ensure that military, civilian, and LNCI candidates have completed the MPI Course at the United States Army Military Police School (USAMPS) before performing investigative duties.
(4) Supervise MPI operations.
(5) Request MPI and DAC investigator credentials from IMCOM-Europe (para 3-3).
(6) Issue and control MPI, DAC investigator, and LNCI credentials.
a. Maintain on-post order and security.
b. Exercise LE authority on post.
c. When permitted by agreement with the HN, and in coordination with HN authorities, patrol off post to ensure U.S. Soldiers obey military laws and regulations. USAG directors of emergency services (DESs) will
(1) Coordinate with HN police officials to periodically patrol nightclubs and other late-night establishments that are normally frequented by U.S. personnel or to augment enforcement of off-limits sanctions (AE Cir 190-24) when permitted by applicable agreement with the HN.
(2) Provide MP personnel whenever possible to HN police to support local off-post festivities frequented by U.S. personnel through coordination with the 18th MP Brigade and its subordinate battalions.
MP services include the following:
a. Assisting with customs controls when requested by the HN government and by USFC-E.
b. Conducting police and investigative operations that are not the responsibility of the United States Army Criminal Investigation Command (USACIDC).
c. Promoting traffic safety and enforcing traffic laws.
d. Conducting traffic-accident investigations.
e. Conducting criminal investigations (chap 3 and AR 190-30).
f. Maintaining discipline and order of U.S. military and civilian personnel and their Family members.
g. Operating the USACF-E.
h. Overseeing privately owned vehicle (POV) and firearms registration.
i. Providing escorts for tactical convoys, money transfers (para 2-18), and similar activities.
j. Providing physical-security surveys, courtesy and other required inspections, and supporting antiterrorism/force protection (AT/FP) measures for units and facilities on U.S. installations.
k. Providing military working dogs for patrol, explosive and narcotic detection, security and support of very important persons (VIPs), health and welfare inspections, and AT/FP measures.
a. All newly assigned MP personnel will undergo a formal field-training program in accordance with ST 19-31B before performing LE duties.
b. In accordance with ST 19-31B, all MP personnel, from sergeant first class and below and second lieutenant to captain, will undergo annual certification.
c. Brigade and battalion commanders are authorized to serve as certification authorities for MP personnel assigned to their units. MP personnel will not perform LE duties without a signed certification by the certification authority.
a. Commanders have the authority to reclassify MP personnel who do not meet or maintain standards in accordance with DA Pamphlet 611-21.
b. On a case-by-case basis, commanders have the authority to
(1) Keep a reclassified Soldier in the same unit.
c. Commanders will not reclassify a Soldier as an alternative to
(2) Report reclassified Soldiers as excess to the next higher command.
(1) Administrative separation.
(2) Disciplinary action.
(3) Other more appropriate actions.
a. MP personnel assigned to LE positions or conducting LE missions should not be tasked outside of their LE mission without the approval of the USAREUR PM. This includes, but is not limited to, the following:
(1) As interior perimeter security for an installation or activity including facility access control (unless tasked by USAREUR G3/5/7).
b. MP personnel will not be used solely as honor guards or be assigned any other duties not directly related to career management field 31, unless approved by the USAREUR PM.
(2) As escorts on public carriers.
(3) As schoolbus escorts or school-crossing guards.
(4) As railhead security guards.
(5) To conduct security checks of mission-essential vulnerable areas (MEVA) that have a designated unit responsible for the security of the activity (for example, classified vaults, motor pools, unit arms rooms). Unit personnel will conduct security checks of these types of facilities. MP personnel, however, will maintain response and LE capabilities for MEVAs.
c. AR 570-4, paragraph 6-12, lists MP employment priorities.
a. AR 190-14 prescribes the use of firearms. Additional restrictions may apply based on HN law and the NATO SOFA, the SA, and other applicable international agreements.
b. MP personnel performing LE duties will be armed with a loaded firearm. A loaded firearm is defined as a weapon with a loaded magazine of live rounds in the magazine chamber, with one pistol round in the pistol chamber with the weapon safety engaged (red status).
c. MP personnel performing LE duties must qualify with a pistol every 6 months. MP personnel who have not qualified with a pistol will not be authorized to perform LE duties.
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
a. MP personnel have the authority to investigate on-post traffic offenses and accidents involving U.S. Soldiers, local national or third-country personnel, U.S. civilian personnel, or property, regardless of the amount of damage. MP personnel do not need to report traffic offenses to HN police unless the investigation or the nature of the offense requires HN police investigation.
b. HN police are responsible for off-post traffic enforcement. MP personnel will not patrol off post only to monitor traffic and will not customarily issue DD Form 1408 off post. MP personnel may, however, stop or detain POVs off post if MP personnel determine that the POV operator is a member of the U.S. Forces and has committed an offense under the Uniform Code of Military Justice (UCMJ) (for example, drunken or reckless driving, fleeing the scene of an accident, manslaughter, negligent homicide). MP personnel will not use high-speed pursuit to apprehend suspects, regardless of the violation.
c. MP personnel will not routinely respond to off-post traffic accidents, but may respond when any of the following applies:
(1) The accident is serious.
(2) The accident involves vehicles that are leased, owned, or rented by the U.S. Forces.
(3) The accident involves deaths, injuries, or vehicle damage of $1,000 or more.
(4) The accident involves U.S. Government personnel (military personnel, civilian employees, Family members,) and damage to HN property.
CP personnel will
a. Enforce military discipline on and off post and provide noncommissioned officer (NCO) leadership in the community outside normal command channels. This includes ensuring that Soldiers comply with proper military courtesy and standards of conduct.
b. Detain and apprehend, when authorized, Soldiers who violate the UCMJ. NCOs not otherwise performing LE duties will not apprehend commissioned officers unless directed to do so by a commissioned officer or in order to prevent disgrace to the Service or to prevent the escape of a Servicemember who has committed a serious offense.
c. Assist LE personnel conducting investigations by providing as much detail as possible of crimes or incidents that occur while performing CP duty.
d. Stop noisy disputes, fights, or other disorderly conduct when
(1) Only U.S. military personnel are involved.
e. Release U.S. offenders to the MP station or the offender’s unit.
(2) Requested by HN police and the misconduct involves non-U.S. personnel. CP personnel will not act in place of HN police. If HN police request assistance, CP personnel will work jointly with the HN police to stop the dispute, fight, or disorderly conduct. CP personnel will not continue to accompany or patrol with HN police when a joint response ends.
f. Not patrol together with HN police. Joint responses as described in P02-09d(2) above do not constitute a joint patrol.
2-10. CP PERSONNEL
CP personnel will be
a. Soldiers in the rank of sergeant or above.
b. Detailed to CP duty in addition to normal duties.
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
a. Debrief CP personnel after each tour of duty and record significant information.
b. Report significant information from the debriefings to appropriate officials.
USAG commanders will
a. Select the CP uniform.
b. Coordinate with the servicing judge advocate before issuing MP clubs to CP personnel. The servicing judge advocate will ensure that USAG commanders clearly understand HN legal issues concerning the use of force. CP personnel must be trained and certified in the use of MP clubs before being issued the clubs. CP personnel will not carry firearms.
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.
a. Selected personnel must demonstrate courtesy, mature judgment, and military bearing. Selected personnel must also be physically, mentally and psychologically, and emotionally capable of conducting CP duties.
b. As a minimum, training will include the following:
(1) Apprehension procedures.
(2) Unarmed self-defense techniques.
(3) Rules on the use of force.
(4) Use of the MP club.
a. Marking Vehicles. MP vehicles will be marked on at least both sides with the words MILITARY POLICE. Bicycles and self-balancing personal means of transport (that is, Segways™) will be marked on at least the frame with the words MILITARY POLICE. Additional markings on vehicles may include reflective tape running the length of the vehicle and the MP badge insignia on both front doors. Vehicles used in CP operations will be marked using a placard in the windshield with the words COURTESY PATROL. Unmarked MP vehicles will be equipped with concealed blue lights inside the grill on the front of the vehicle or concealed blue lights mounted inside the front and rear windshields, and will not be used to conduct traffic stops, except in an emergency or when protecting the safety of the public.
b. Emergency Equipment.
(1) MP vehicles in Germany must use emergency lights and an audible warning device (AWD) that meets German industrial standards. U.S. “yelp” or “wail” sirens are not allowed in the USAREUR AOR. MP vehicles will use only AWDs that produce an alternating high-to-low sound. The use of the AWD will be based on HN rules, regulations, and laws.
(2) MP vehicles will use only blue lights. Blue lights will be mounted on top of nontactical vehicles, either permanently or on a light bar attached to the rain gutters and as appropriate in unmarked vehicles. Blue lights will be mounted on tactical vehicles according to unit policy. Blue lights may be used without an AWD to
(a) Warn motorists of accidents, the approach of emergency vehicles, or an emergency.
(3) MP vehicles will have cages installed for the safe transport of offenders.
(b) Escort convoys.
(4) From 1 October through 30 April, MP vehicles will have snow or all-season tires mounted on all four wheels.
(1) Flashing blue lights will not be used solely to gain the right-of-way.
(2) MP personnel may use both blue lights and an AWD to respond to serious incidents. The MP will notify the patrol supervisor by radio that emergency equipment is in use. The patrol supervisor or desk sergeant may terminate the use of emergency equipment if the circumstances of the incident do not require its use. MP personnel are not authorized to activate emergency equipment (blue lights with or without AWD) off post without prior authorization by the desk sergeant. The use of emergency equipment does not authorize MP personnel to violate driving laws in an attempt to quickly reach the scene of an incident.
(3) When authorization is given to use blue lights, AWD, or both, drivers will
(a) Comply with HN traffic laws and speed limits.
(4) The use of emergency equipment does not grant the right-of-way to MP vehicles, nor are MP personnel exempt from criminal charges for reckless driving or wanton disregard for the safety of people and property.
(b) Use extreme caution at intersections, entrance and exit ramps, and access roads.
(5) MP personnel will drive safely and courteously and comply with all HN traffic laws at any time while patrolling on and off installations, regardless whether or not flashing blue lights are being used.
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
(1) Uniforms and equipment must fit neatly, be clean, and be well maintained.
b. Equipment and Road Gear.
(2) MP personnel may carry a briefcase, attaché case, or a similar bag to carry police-related equipment. Briefcases must be professional in appearance and not detract from the uniform. Bags will comply with the provisions in AR 670-1, paragraph 1-10. Handbags and purses will not be carried while performing community LE duties.
(3) MP personnel will wear the MP brassard only while performing community LE duties.
(4) The uniform for conducting community LE duties is the Army combat uniform (ACU) with the patrol cap in accordance with AR 670-1. MP personnel on duty wearing the required duty belt will insert the ACU top into the ACU trousers in order to properly secure the duty belt. Soldiers will use a minimum of four keepers to the ACU belt. This exception to the normal wear of the ACU is necessary to ensure MP safety and proper deployment of the service weapon.
(5) MP personnel will wear personal LE body armor at all times while performing LE duties. Personnel assigned to the PM office will have body armor readily available and accessible while on duty. Except in situations requiring immediate action, body armor will not be worn as the outer garment.
(1) All road gear and equipment will be considered part of the uniform and will be worn whenever MP personnel are on duty. All gear and equipment must be issued by the Army or approved by the USAREUR PM. All road gear will be kept clean and be of corresponding style and appearance.
(2) Required equipment for MP personnel includes the ACU belt, duty belt, issued weapon, level-II belt holster, baton scabbard, side handle baton or friction-lock baton, hand irons, handcuff case, handcuff key, flashlight holder, radio, radio-carrying case, ammunition, double-magazine case, belt keepers, three magazines, and if certified, one carrier for oleoresin capsicum (OC) spray in authorized areas.
(3) Optional equipment includes a small flashlight with a carrying case, latex gloves with a carrying case, and extra handcuffs with a carrying case.
(4) The ACU belt will be worn through the beltloops of the ACU trousers. The duty belt will be 2½ inches wide, worn over the ACU belt, and secured by at least four but no more than six belt keepers attached to the ACU belt. Double keepers are authorized and considered as two separate keepers.
(5) The Army-issued M-9 firearm will be carried in an approved level-II holster on the duty belt. The firearm will be clean and in good operating order with a magazine loaded with 15 rounds inside the magazine well and 1 round inside the chamber (red status). The holster will be worn on the individual’s firing side, aligned with the seam of the trouser leg.
(6) The OC spray carrier may be worn on either the firing side or non-firing side.
(7) The radio carrying case will be worn on the duty belt on the non-firing side.
(8) The baton and scabbard should be worn on the duty belt on the non-firing side. If the baton is worn on the weapon side, it will be to the rear of the holster with one belt keeper worn between the scabbard and the holster. The baton (PR-24 or ASP) may be carried in either the cross-draw location or weapon retention location at the discretion of the individual.
(9) The flashlight will be worn on the duty belt on the non-firing side.
(10) Handcuffs will be carried inside the handcuff carrying case with the opening side facing upwards on the duty belt to the rear of either the flashlight holder or baton. MP personnel may carry a second pair of hand irons in a second handcuff carrying case. Hinged handcuffs are prohibited.
(11) Two magazines will be carried inside a magazine case on the duty belt in front of the radio on the non-firing side. MP personnel will carry a total of 3 fully loaded magazines, equating to 46 rounds of ammunition, which includes 1 chambered round.
(12) Keyrings and keyring holder will not be carried on the duty belt. No keys will hang from the duty belt.
(13) “Mini” flashlights may be carried on the duty belt. Flashlight cases must resemble the finish of the road gear.
(14) Patrolling personnel will wear an MP traffic safety vest while working at traffic control points and access control points, at special events, and when investigating traffic accidents or performing any other type of traffic-control duty.
(15) MP personnel may wear black leather or fabric gloves. Gloves must be of a solid color and completely cover the front and back of the hand including the fingers.
(16) At the discretion of the USAG PM, MP personnel may wear appropriate cold-weather or inclement-weather gear while performing community LE duties. The road gear will be worn outside the appropriate cold- or inclement-weather gear so that it does not impede access to equipment.
a. MP personnel will escort money transfers ($10,000 or more) for appropriated and non-appropriated fund facilities. The USAG commander may lower this amount based on a local threat assessment or other requirements. Escorts will safeguard couriers and money. Guards will not carry items (for example, money bags) that could impede their ability to provide security. Escorts for private organizations are not required, but may be assigned by the USAG commander, based on the dollar amount being transferred and following a legal review by the servicing legal office.
b. MP personnel will escort personnel transporting funds during unusual or short-notice situations (for example, if military banking-facility alarms are not working or to increase surveillance of military banking facilities on paydays).
2-19. REQUESTING ESCORTS
Requests for escorts for money transfers will be coordinated with the USAG PM as follows:
a. Intracommunity Requests. Requests may be submitted in memorandum format, by telephone, fax, or e-mail, and will include the dates when the escorts are needed, the courier’s name, and the courier’s organization. Telephonic requests may be made only on Monday through Friday (except on American holidays) from 0800 to 1530.
b. Intercommunity Requests. The USAG PM
(1) Must receive requests for an escort at least 48 hours before the escort is needed.
(2) Will give lower priority to requests received less than 48 hours before the escort is needed.
(3) Will determine the type of escort required.
(4) Will coordinate the escort service with PMs at intermediate stops and with the PM at the intended destination.
2-20. PERSONNEL AND EQUIPMENT
a. Should have at least one radio-equipped vehicle and driver armed with a handgun and one armed guard with a portable radio.
b. Must know what to do in threatening situations and be familiar with designated and alternate routes.
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.
MILITARY POLICE INVESTIGATIONS
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 (email@example.com) 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.
a. AR 190-30, paragraph 2-2, prescribes U.S. Army-mandated training requirements for MPIs.
b. MPIs, DAC investigators, and newly assigned LNCIs assigned to the Investigations Section, United States Forces Customs-Europe, will be required to attend MPI resident school training and complete a formal program of specialized training administered by the USAREUR PM in the function as Customs Executive Agent (CEA). LNCIs who have been continuously employed before 1 January 2008 without break in MPI duty may be exempted from attending MPI resident school training at the discretion of the CEA.
Figure 1. Format for Requesting an MPI Candidate Name Check
3-3. CREDENTIAL ISSUE
a. All organizations employing MPI activities will send a written request for the issue of credentials to the Emergency Services Branch by e-mail (firstname.lastname@example.org).
b. The receiving organization will ensure credentials are issued only to individuals who have been nominated, screened, and have completed the MPI Course at the USAMPS.
c. The receiving organization will send an electronic message to the addresses shown in figure 2 when issuing MPI credentials.
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
a. Temporarily withdraw the MPI’s credentials.
b. Prepare a memorandum requesting IMCOM-Europe Emergency Services Branch approval to permanently withdraw the MPI from the MPI Program and send the memorandum as an attachment to an e-mail message addressed to email@example.com (fig 3).
c. On approval of withdrawal from the MPI Program, the Emergency Services Branch will notify HRC by means of electronic message of the permanent withdrawal from the MPI Program (fig 4).
Figure 3. Format for Recommending Permanent Withdrawal From the MPI Program
Figure 4. Message Format for Withdrawal of MPI Credentials
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:
a. The USAG commander and PM of the supported garrison, the local staff judge advocate (SJA), and the local special agent in charge will coordinate the transfer.
b. The local USACIDC organization may assume a case that is being investigated by a USAG MPI or customs MPI if the case is sensitive, of command interest, or requires investigative skills beyond the capability of the MPI. Close coordination between USACIDC, USAG PMs, SJAs, and other USAG officials must be maintained to determine when the commission of an offense becomes of command interest, warranting assumption of investigative responsibility by the USACIDC.
c. Monetary value may be used to determine normal transfer criteria from USACIDC to the USAG PM. The USACIDC will make the final decision on whether or not to transfer a case.
d. HN police may transfer the lead of a case to the MP or local USACIDC organization to complete an investigation that involves only the U.S. Forces. HN police may also require a translation of the final case.
3-8. INVESTIGATIONS AND REPORTS
a. Initiating an Investigation. When beginning an investigation, MPIs will
(1) Assign an MPI number to the case. The number will include the following:
b. DA Form 3975. MPIs will use DA Form 3975 to initially record a case report.
(a) The initials “MPI.”
(2) Record cases in numerical order by MPI case number.
(b) The MP station control number (AR 190-45 provides instructions for assigning MP station control numbers).
(c) A six-digit numeral consisting of the last two digits of the current calendar year followed by four digits indicating the sequential number of the report. An example of an MPI number for the tenth MPI case of the Baumholder MP Station during 2013 would be MPI-167-130010.
(3) Record the number on AE Form 190-62A.
(1) When subjects are identified, the MPI will send DA Form 3975 within 72 hours after an investigation has been referred. The supervising PM may waive this requirement when a final report is expected to be sent within 10 days.
(2) If the final report cannot be sent within 10 days, the supervising PM must ensure DA Form 3975 is completed and sent.
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.
c. DA Form 7569. MPIs will use DA Form 7569 to keep a detailed, well-written, chronological account of investigative activities. DA Form 7569 will
(1) Be a permanent part of case files.
d. AE Form 190-62B. In addition to completing DA Form 7569 (if the use of DA Form 7569 is mandatory for the case), MPIs will use AE Form 190-62B as follows to record results of an MPI investigation:
(2) Show the MP report number and the MPI number at the top and bottom of each page.
(1) First Progress Report. This report informs the subject’s commander and the SJA servicing the special and general court-martial convening authorities that an investigation has been initiated. Copies of initial reports pertaining to offenses involving controlled substances will be provided promptly to the appropriate USACIDC elements. MPIs will enter
(a) The MPI number in block 2 (MPI and MP report numbers will be entered on every document related to the investigation.)
(2) Second Progress Report. MPIs will send a second report that identifies subjects on open investigations within 45 days after referral. Distribution of the MPI progress report will include the commander of the identified subject, the civilian misconduct action authority in cases involving Family members and other U.S.-affiliated civilians, and the SJA servicing the special or general court-martial convening authority. For this progress report, MPIs will enter
(b) FIRST PROGRESS REPORT at the top of the page above block 1.
(c) FURTHER REPORTS TO FOLLOW at the end of the narrative.
(a) SECOND PROGRESS REPORT at the top of the page above block 1.
(b) FURTHER REPORTS TO FOLLOW at the end of the narrative. The narrative will include the following subheadings:
1. Investigative summary.
2. Judge advocate coordination (date and name of judge advocate), when applicable.
3. The subject’s record of offenses.
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.
(3) Final Report. Completed cases are recorded as final reports. Distribution of the MPI final report is prescribed by AR 190-45. Copies of final reports pertaining to offenses involving controlled substances will be provided promptly to the appropriate USACIDC elements. For the final report, MPIs will enter
(a) FINAL REPORT at the top of the page above block 1.
(4) Customs Final Report. The USAG PM is responsible for processing MP customs reports that are generated in their respective AORs.
(b) THIS IS A FINAL REPORT at the end of the narrative. The narrative will include the following subheadings:
1. Investigative summary.
2. Judge advocate coordination (date and name of judge advocate) when applicable.
3. The subject’s record of offenses.
NOTE: Customs reports of investigation will be completed according to the procedures described in d(1) through (3) above.
e. Name Checks. MPIs may request a name check on subjects and suspects through the servicing MP station. The result of the local files check will be included in the final report. If the records check results are not received at the time the final report is prepared, MPIs will send the report without the results and enter RESULTS OF CRIMINAL RECORDS CHECK NOT RECEIVED on the final report.
f. Final Report for Cases Closed for Lack of Investigative Leads or Other Good Cause. These types of cases will be reported in the same manner as completed cases (d(4) above). The reason for closing the case will be stated in the investigative summary. The following statement will be entered in the narrative when applicable:
Due to the lack of investigative leads, this case is closed in the files of this office, pending receipt of additional information that would warrant its being reopened. THIS IS A FINAL REPORT.
3-9. OFF-POST INVESTIGATIONS
a. When conducting an investigation under the provisions of this regulation, MPIs may undertake investigative activity and make apprehensions off post, subject to the limitations of U.S. law and international agreements. The authority for off-post investigations is limited by the following:
(1) NATO SOFA, Article VII, paragraph 10(b).
b. Off-post investigative activity by MPIs will be coordinated beforehand with the HN police. Investigations will be coordinated with the local element of USACIDC when appropriate. MPIs will report all customs offenses to the local customs MPI.
(2) International agreements with the HN.
c. Combined police operations are a continuing part of the IMCOM-Europe Army Substance Abuse Program. Combined police operations are bilateral LE operations conducted with HN police agencies and that involve U.S. and HN personnel. DOD participation in drug-related cases in foreign countries is limited by DOD and DA policy. Combined police operations may be conducted against other criminal activities when every involved LE agency has investigative authority.
3-10. USE OF NATIONAL CRIME INFORMATION CENTER
MPIs may request information about deserters from the National Crime Information Center through the USAREUR PM.
a. Evidence, including found contraband that is not of evidential value, will be handled according to AR 195-5.
b. Evidence for restricted reports of sexual assault will be stored separately from other evidence in the evidence room. The acceptance of this evidence (DA Form 4137) will be reported in the MP desk journal and kept for 5 years as prescribed by AR 190-45.
c. USAG PMs will provide storage for evidence obtained during customs investigations conducted by USFC-E investigators.
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)
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
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
INVESTIGATIONS AND SUPPORT TO CUSTOMS OPERATIONS IN GERMANY
In Germany, United States Forces Customs-Europe (USFC-E) personnel may
a. Detain host nation (HN) and third-country civilians for release to HN police or customs authorities only if any of the following applies:
(1) The person is caught committing a crime and the identity of the person cannot immediately be established or there is reason to believe the person may flee.
b. Seize items when USFC-E personnel have probable cause to believe that items in a person’s possession are evidence of a crime. Any such seizure should be coordinated in advance with a commander, military judge, or military magistrate, unless exigent circumstances exist. In the event of exigent circumstances, USFC-E personnel will coordinate any seizures with appropriate approval authorities as soon after the seizure as possible. This does not restrict the authority of USFC-E personnel to seize and make an inventory of items as part of a lawful arrest.
(2) German authorities request that the person be detained.
(3) German police or customs authorities cannot be called in time to detain the person, waiting for German authorities to arrive creates a dangerous situation, and there is strong reason to suspect the person of a crime.
c. May make a citizen’s arrest according to German law. The German citizen’s arrest law
(1) Applies only to criminal acts.
d. Deny entry to or remove persons from an installation for good cause (including violations of discipline and good order). If the removal involves force, USFC-E personnel must call HN authorities for assistance.
(2) Does not apply to violations of good order, such as disorderly conduct, disturbing the peace, or drunkenness (AE Pam 550-19).
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
a. Ensure that U.S. Forces members comply with the NATO SOFA and HN customs laws (NATO SOFA, Art VII, para 1a and b, and Art VII, para 10a and b; SA, Art 74; and AE Reg 550-175).
b. Coordinate with HN customs authorities regarding suspected or confirmed HN customs and tax-related offenses (NATO SOFA, Art XII, paras 1 thru 3; SA, Art 74; and AE Reg 550-175).
B-3. CUSTOMS INVESTIGATIONS
a. In accordance with the SA to the NATO SOFA as implemented in AE Regulation 550-175, the Customs Executive Agent (CEA) is responsible for customs investigations performed by USFC-E personnel. This includes
(1) Assisting German customs authorities in their control and investigative functions in cases involving U.S. Forces members (SA, Art 3, para 6; and Art 66, para 7).
b. Personnel conducting investigations in areas that are of special interest to the German Government (customs and tax investigations of black-marketing, misuse of SOFA customs and tax privileges such as the tax-relief form (Abwicklungsschein), tax evasion, using an APO for commercial activities or the import or export of prohibited items) require specialized training as outlined in paragraph 3-2. USFC-E customs investigators, German customs investigators, and German tax authorities must coordinate closely when conducting these investigations.
(2) Working closely with German customs authorities to prevent customs and tax offenses, and helping German authorities investigate offenses against the customs and tax provisions of Germany (SA, Art 74, para 2; Administrative Agreement to Art 74 of the SA, para 5).
(3) Assisting German customs authorities in the investigation of offenses, the collection and production of evidence, and the handing over of objects connected with offenses (NATO SOFA, Art VII, para 6, and Art XIII, para 1; SA, Art 74; Administrative Agreement to Art 74 of the SA, para 5).
(4) Rendering all assistance possible to ensure that items liable to seizure by, or on behalf of, German customs or fiscal authorities are handed over to such authorities (NATO SOFA, Art XIII, para 2; SA, Art 74).
(5) On request, providing German customs authorities with required information to determine the tax liability of persons or enterprises subject to taxation in Germany (SA, Art 74, para 4).
(6) Rendering assistance to German customs authorities to ensure the payment of duties, taxes, and penalties payable by members of the U.S. Forces (NATO SOFA, Art XIII, para 3; SA, Art 34 and 74).
(7) Helping German customs authorities arrest U.S. Forces members (NATO SOFA, Art VII, para 5).
(8) Exchanging all useful information with German customs authorities concerning suspected or confirmed offenses against the customs and tax provisions of Germany (Administrative Agreement to Art 74 of the SA, para 3).
(9) Performing enforcement activities outside military installations of the U.S. Forces (NATO SOFA, Art VII, para 10; SA, Art 18, para 1).
c. HN personnel may be employed as local national customs investigators (LNCIs). These individuals will be classified in occupational classification codes 1810 and 1811. Personnel selected to be an LNCI must meet the qualification standards outlined in their job descriptions, other applicable civilian personnel directives, and this regulation.
d. LNCIs may be issued credentials. These credentials will not be similar in appearance to military police investigator (MPI) or Department of the Army civilian (DAC) investigator credentials. IMCOM-Europe will maintain an accountability log for issuing LNCI credentials that meets the requirements prescribed for MPI and DAC investigator credentials in AR 190-30.
a. USFC-E personnel will perform customs-enforcement duties only in areas or facilities under U.S. military control.
b. The CEA has granted approval for USFC-E personnel to perform joint U.S. and German customs-enforcement activities.
a. The CEA is responsible for supervising USFC-E personnel in Germany.
b. Subordinate USFC-E customs field-office supervisors will coordinate customs enforcement and control activities with the applicable United States Army garrison provost marshal or director of emergency services, especially when anticipating the need for military police support or when common community facilities are involved.
B-6. PERSONNEL, UNIFORMS, AND IDENTIFICATION
a. Only personnel assigned to the theater mission support element table of distribution and allowances (W6WGAA/WATL99) may be designated as USFC-E customs inspectors (occupational series 1801 (General Inspection, Investigations, Enforcement and Compliance)).
b. USFC-E customs inspectors are authorized to wear distinctive customs duty uniforms or mission-appropriate civilian clothing as determined by the CEA.
c. USFC-E customs inspectors will be identified by a combination of a numbered USFC-E badge and corresponding numbered authority card. Authorized badges may display Inspector, Supervisor, Chief, Deputy Chief, Operations Officer, Chief Operations, Chief Services, Deputy Director, Director, or Executive Agent.
All personnel assigned to USFC-E must successfully complete customs-enforcement and -services training conducted by the CEA.
|5th MP Bn (CID)||5th Military Police Battalion (Criminal Investigation Division)|
|ACU||Army combat uniform|
|AE||Army in Europe|
|AOR||area of responsibility|
|APO||Army post office|
|AWD||audible warning device|
|CEA||Customs Executive Agent|
|COPS||Computerized Operations Police Suite|
|DA||Department of the Army|
|DAC||Department of the Army civilian|
|DEROS||date expected to return from overseas|
|DES||director, emergency services|
|DOD||Department of Defense|
|ETS||expiration term of service|
|HQ IMCOM-Europe||Headquarters, United States Army Installation Management Command, Europe Region|
|HQ USAREUR||Headquarters, United States Army Europe|
|HRC||United States Army Human Resources Command|
|IMCOM-Europe||United States Army Installation Management Command, Europe Region|
|LNCI||local national customs investigator|
|MPI||military police investigator|
|NATO||North Atlantic Treaty Organization|
|OPM||Office of the Provost Marshal, Headquarters, United States Army Europe|
|PCS||permanent change of station|
|POC||point of contact|
|POV||privately owned vehicle|
|SJA||staff judge advocate|
|SOFA||Status of Forces Agreement|
|SSN||Social Security number|
|UCMJ||Uniform Code of Military Justice|
|UIC||unit identification code|
|USACF-E||United States Army Confinement Facility-Europe|
|USACIDC||United States Army Criminal Investigation Command|
|USACRC||United States Army Crime Records Center|
|USAMPS||United States Army Military Police School|
|USAREUR||United States Army Europe|
|USEUCOM||United States European Command|
|USFC-E||United States Forces Customs-Europe|
Arms, ammunition, and explosives that have been repacked by other than the manufacturer.
The movement and security of non-unit-configured items.
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.