_________________________________________________________
US State Dept Narcotics Report 2012 (introduction):
Aruba, Curaçao, and Dutch St. Maarten have a high degree of autonomy
over their internal affairs, with the right to exercise independent decision
making in a number of counternarcotics areas. The Kingdom of the
Netherlands is responsible for the defense and foreign affairs of all the
constituent countries, including the Caribbean parts of the Kingdom, and
assists the Governments of Aruba, Curaçao, Dutch St. Maarten, and the
BES islands in their efforts to combat narcotics trafficking.
The Dutch Caribbean did not adopt any new laws or initiate any new
counternarcotics programs in 2011. The Kingdom of the Netherlands
has notified the United Nations as well as the United States that the
modification of the structure of the Kingdom on October 10, 2010 (when
the Netherlands Antilles ceased to exist) would not affect the validity of
international agreements ratified by the Kingdom before that date and as
described below.
The Netherlands extended the 1988 UN Convention against Illicit Traffic
in Narcotic Drugs and Psychotropic Substances ("Vienna Convention")
to the former Netherlands Antilles and Aruba in March 1999, with the
limitation that its obligations under certain provisions would only be
applicable in so far as they were in accordance with former Netherlands
Antilles and Aruba criminal legislation and policy on criminal matters. The
obligations of the Netherlands as a party to the 1961 UN Single
Convention on Narcotic Drugs, as amended by the 1972 Protocol,
applied to the former Netherlands Antilles and Aruba upon accession.
The Netherlands extended the UN Convention against Transnational
Organized Crime and its three Protocols to Aruba in 2007 and extended
the 1971 UN Convention on Psychotropic Substances to the former
Netherlands Antilles in 1999.
The Netherlands’ 1981 Mutual Legal Assistance Treaty (MLAT) with the
United States applied to the former Netherlands Antilles and Aruba,
although the new United States-Netherlands Mutual Legal Assistance
Agreement does not. Both Aruba and the former Netherlands Antilles
have routinely honored requests made under the MLAT and cooperate
extensively with the United States on law enforcement matters at less
formal levels. The 2004 United States-Netherlands Extradition
Agreement and its Annex does apply to the Dutch Caribbean; and both
the former Netherlands Antilles and Aruba have been extremely
cooperative in extraditing drug traffickers to the United States. In
addition, the former Netherlands Antilles and Aruba adopted the
Agreement Regarding Mutual Cooperation in the Tracing, Freezing,
Seizure and Forfeiture of the Proceeds and Instrumentalities of Crime
and the Sharing of Forfeited Assets, which was signed by the
Government of the Netherlands in 1994.
The Special Police Task Force, “Recherche Samenwerkingsteam
(RST),” a temporary Dutch government-supported task force, is
headquartered in Curaçao and maintains its largest presence there. In
2011, RST units conducted several successful operations to thwart
organized crime groups.
Because of Curaçao’s new semi-autonomous status, the RST is trying to
take a less prominent role in law enforcement thus allowing the Korps
Politie Curacao (KPC) to become the lead agency for drug trafficking
investigations. The KPC’s Bureau of Narcotics (BNO) most high profile
investigation was operation “Bermuda” that targeted trafficking at the
Curaçao Hato Airport and resulted in several drug seizures and arrests.
In 2011, the KPC was the primary law enforcement agency in Curaçao to
handle treaty requests from the United States. Despite its successes,
however, police sources have also reported a lack of leadership within
the KPC, which has been without a permanent police chief since Curaçao
became a semi-autonomous country in 2010. This has led to lower
morale among KPC personnel.
The Dutch Military Police or “Koninklijke Marechausse (KMAR)” - the
intelligence arm of the DCCG - also maintains a large presence in
Curaçao. In recent years, the DEA and KMAR have detected an increase
in illicit drug flights utilizing Aruba, Bonaire, and Curaçao as stopover
points. In an effort to combat these flights, DEA and KMAR jointly
sponsored training at the DEA El Paso Intelligence Center (EPIC) for
airport officials in Aruba, Bonaire, and Curaçao.
Full Report
_________________________________________________________
US State Dept Trafficking in Persons Report 2011 (introduction):
(Tier 2 Watch List)*
Curacao is a source, transit, and destination area for women, children,
and men who are subjected to sex trafficking and forced labor. There
are indications that child prostitution may be a problem in Curacao and
that some of the hundreds of migrant women in Curacao’s regulated and
illegal prostitution are victims of forced prostitution. Local authorities
believe that migrant workers have also been subjected to forced
domestic service and forced labor in construction, landscaping, and
shops. Some migrants in restaurants and local businesses may be
vulnerable to debt bondage. Foreign trafficking victims originate in
Colombia, the Dominican Republic, Haiti, and Asia.
The Government of Curacao does not fully comply with the minimum
standards for the elimination of trafficking; however, it is making
significant efforts to do so. Despite these efforts, the government has
not shown evidence of increasing efforts over the previous year;
therefore Curacao is placed on Tier 2 Watch List. Curacaoan authorities
identified at least four potential victims of forced labor during the year.
This accomplishment, however, was overshadowed by the lack of
progress in enacting comprehensive legislation – which remained stalled
in parliament – that would prohibit all forms of human trafficking and weak
victim protections, as well as the lack of identification of victims of forced
or child prostitution, despite a large population of people that are
vulnerable to sex trafficking.
For full report click here
_________________________________________________________
US State Dept Terrorism Report 2009
No report available
_________________________________________________________
AML News / Updates
April 1, 2011 - Netherlands Antilles was removed from OECD
Implementation of Tax Standard White list and was replaced by Curacao
and Sint Maarten
See list....
Links:
Worldwide AML Legislation (International Bar Association)
US State Dept Narcotics Report 2012 (introduction):
Aruba, Curaçao, and Dutch St. Maarten have a high degree of autonomy
over their internal affairs, with the right to exercise independent decision
making in a number of counternarcotics areas. The Kingdom of the
Netherlands is responsible for the defense and foreign affairs of all the
constituent countries, including the Caribbean parts of the Kingdom, and
assists the Governments of Aruba, Curaçao, Dutch St. Maarten, and the
BES islands in their efforts to combat narcotics trafficking.
The Dutch Caribbean did not adopt any new laws or initiate any new
counternarcotics programs in 2011. The Kingdom of the Netherlands
has notified the United Nations as well as the United States that the
modification of the structure of the Kingdom on October 10, 2010 (when
the Netherlands Antilles ceased to exist) would not affect the validity of
international agreements ratified by the Kingdom before that date and as
described below.
The Netherlands extended the 1988 UN Convention against Illicit Traffic
in Narcotic Drugs and Psychotropic Substances ("Vienna Convention")
to the former Netherlands Antilles and Aruba in March 1999, with the
limitation that its obligations under certain provisions would only be
applicable in so far as they were in accordance with former Netherlands
Antilles and Aruba criminal legislation and policy on criminal matters. The
obligations of the Netherlands as a party to the 1961 UN Single
Convention on Narcotic Drugs, as amended by the 1972 Protocol,
applied to the former Netherlands Antilles and Aruba upon accession.
The Netherlands extended the UN Convention against Transnational
Organized Crime and its three Protocols to Aruba in 2007 and extended
the 1971 UN Convention on Psychotropic Substances to the former
Netherlands Antilles in 1999.
The Netherlands’ 1981 Mutual Legal Assistance Treaty (MLAT) with the
United States applied to the former Netherlands Antilles and Aruba,
although the new United States-Netherlands Mutual Legal Assistance
Agreement does not. Both Aruba and the former Netherlands Antilles
have routinely honored requests made under the MLAT and cooperate
extensively with the United States on law enforcement matters at less
formal levels. The 2004 United States-Netherlands Extradition
Agreement and its Annex does apply to the Dutch Caribbean; and both
the former Netherlands Antilles and Aruba have been extremely
cooperative in extraditing drug traffickers to the United States. In
addition, the former Netherlands Antilles and Aruba adopted the
Agreement Regarding Mutual Cooperation in the Tracing, Freezing,
Seizure and Forfeiture of the Proceeds and Instrumentalities of Crime
and the Sharing of Forfeited Assets, which was signed by the
Government of the Netherlands in 1994.
The Special Police Task Force, “Recherche Samenwerkingsteam
(RST),” a temporary Dutch government-supported task force, is
headquartered in Curaçao and maintains its largest presence there. In
2011, RST units conducted several successful operations to thwart
organized crime groups.
Because of Curaçao’s new semi-autonomous status, the RST is trying to
take a less prominent role in law enforcement thus allowing the Korps
Politie Curacao (KPC) to become the lead agency for drug trafficking
investigations. The KPC’s Bureau of Narcotics (BNO) most high profile
investigation was operation “Bermuda” that targeted trafficking at the
Curaçao Hato Airport and resulted in several drug seizures and arrests.
In 2011, the KPC was the primary law enforcement agency in Curaçao to
handle treaty requests from the United States. Despite its successes,
however, police sources have also reported a lack of leadership within
the KPC, which has been without a permanent police chief since Curaçao
became a semi-autonomous country in 2010. This has led to lower
morale among KPC personnel.
The Dutch Military Police or “Koninklijke Marechausse (KMAR)” - the
intelligence arm of the DCCG - also maintains a large presence in
Curaçao. In recent years, the DEA and KMAR have detected an increase
in illicit drug flights utilizing Aruba, Bonaire, and Curaçao as stopover
points. In an effort to combat these flights, DEA and KMAR jointly
sponsored training at the DEA El Paso Intelligence Center (EPIC) for
airport officials in Aruba, Bonaire, and Curaçao.
Full Report
_________________________________________________________
US State Dept Trafficking in Persons Report 2011 (introduction):
(Tier 2 Watch List)*
Curacao is a source, transit, and destination area for women, children,
and men who are subjected to sex trafficking and forced labor. There
are indications that child prostitution may be a problem in Curacao and
that some of the hundreds of migrant women in Curacao’s regulated and
illegal prostitution are victims of forced prostitution. Local authorities
believe that migrant workers have also been subjected to forced
domestic service and forced labor in construction, landscaping, and
shops. Some migrants in restaurants and local businesses may be
vulnerable to debt bondage. Foreign trafficking victims originate in
Colombia, the Dominican Republic, Haiti, and Asia.
The Government of Curacao does not fully comply with the minimum
standards for the elimination of trafficking; however, it is making
significant efforts to do so. Despite these efforts, the government has
not shown evidence of increasing efforts over the previous year;
therefore Curacao is placed on Tier 2 Watch List. Curacaoan authorities
identified at least four potential victims of forced labor during the year.
This accomplishment, however, was overshadowed by the lack of
progress in enacting comprehensive legislation – which remained stalled
in parliament – that would prohibit all forms of human trafficking and weak
victim protections, as well as the lack of identification of victims of forced
or child prostitution, despite a large population of people that are
vulnerable to sex trafficking.
For full report click here
_________________________________________________________
US State Dept Terrorism Report 2009
No report available
_________________________________________________________
AML News / Updates
April 1, 2011 - Netherlands Antilles was removed from OECD
Implementation of Tax Standard White list and was replaced by Curacao
and Sint Maarten
See list....
Links:
Worldwide AML Legislation (International Bar Association)
|
|
Sanctions:
None applicable
____________________________________________________
Offshore Jurisdiction Blacklists:
As a recognised offshore finance jurisdiction this country may fall
under various country offshore jurisdiction blacklists.
____________________________________________________
US State Department Money Laundering Report - 2012:
In late 2010, Curacao became a new autonomous country within
the Kingdom of the Netherlands. Curacao enjoys a high degree of
autonomy on most internal matters but defers to the Kingdom of
the Netherlands (KON) in matters of defense, foreign policy, final
judicial review, human rights, and good governance. Curacao is a
regional financial center and a transshipment point for drugs from
South America bound for the United States and Europe. Money
laundering is primarily related to proceeds from illegal narcotics.
Money laundering organizations can take advantage of banking
secrecy and use offshore banking and incorporation systems,
economic zone areas, and resort/casino complexes to place, layer
and launder drug proceeds. Another possible area of money
laundering activity may be through wire transfers between the
island and the Netherlands. Bulk cash smuggling is a continuing
problem due to the close proximity of Curacao to South America.
Curacao has two free economic zones. It is not known to what
extent “contrabanding” (using bulk cash to buy actual products
which are shipped to South America and sold, thus legitimizing the
profits) occurs. The worldwide financial recession has significantly
slowed the economic activities of the zones. Curacao has an
active “e-zone” which provides potential e-commerce investors a
variety of tax saving opportunities and could be vulnerable to
illegal activities.
Curacao’s offshore financial sector consists of trust service
companies providing financial and administrative services to an
international clientele, including offshore companies, mutual
funds, and international finance companies. The extent of this
sector is not clear, but it has declined in scale due to the
worldwide financial crisis. Banking regulations require
international banks to have a physical presence and maintain
records on the island. Bearer shares of international companies
must be kept in custody and onshore companies are not allowed
to have bearer shares. Several casinos and Internet gaming
companies operate.
Do Financial Institutions engage in currency transactions related
to international narcotics trafficking that include significant
amounts of US currency; currency derived from illegal sales in the
U.S.; or that otherwise significantly affect the U.S.: NO
Criminalization of Money Laundering:
“All serious crimes” approach or “list” approach to predicate
crimes: All serious crimes
Legal persons covered: criminally: YES civilly: YES
Know-your-customer (KYC) rules:
Enhanced due diligence procedures for PEPs: Foreign: YES
Domestic: YES
KYC covered entities: Onshore and offshore banks, saving banks,
money remitters, credit card companies, credit unions, life
insurance companies and brokers, trust companies and other
service providers, casinos, customs, lawyers, notaries,
accountants, tax advisors, jewelers, car dealers, real estate
agents, administration offices, tax advisors, lawyers, and
accountants
Suspicious transaction reporting (STR) requirements:
Number of STRs received and time frame: Not available
Number of CTRs received and time frame: Not available
STR covered entities: Local and international banks, saving
banks, money remitters, credit card companies, credit unions, life
insurance companies, insurance brokers, company and other
service providers , casinos, customs, lawyers, notaries,
accountants, tax advisors, jewelers, car dealers, real estate
agents, administration offices, and other tax, legal, and
accountancy experts
Money Laundering Criminal Prosecutions/Convictions:
Prosecutions: 24 - January - May 2010
Convictions: 23 - January - May 2010
Records exchange mechanism:
With U.S.: MLAT: YES Other mechanism: YES
With other governments/jurisdictions: YES
Curacao is a member of the Caribbean Financial Action Task
Force, (CFATF), a Financial Action Task Force-style regional
body. The first AML/CFT evaluation of Curacao occurred in
August/September of 2011. Once adopted, the mutual evaluation
report will be found here: http://www.cfatf-gafic.org/mutual-
evaluation-reports.html
Enforcement and implementation issues and comments:
A new penal code was passed by parliament and was to be
published on November 15, 2011. Terrorism financing is now
specifically criminalized and legal persons are subject to criminal
and administrative penalties.
Curacao should ensure that it continues its regulation and
supervision of the offshore sector and free trade zones, as well as
pursuing money laundering investigations and prosecutions.
Curacao should work to fully develop its capacity to investigate
and prosecute money laundering and terrorist financing cases.
The Mutual Legal Assistance Treaty between the KON and the U.
S. applies to Curacao; however, the treaty is not applicable to
requests for assistance relating to fiscal offenses addressed to
the Netherlands Antilles.
Curacao is part of the Kingdom of the Netherlands and cannot
sign or ratify international conventions in its own right. Rather, the
Netherlands may arrange for the ratification of any convention to
be extended to Curacao. The 1988 Drug Convention was
extended to Curacao in 1999. The International Convention for
the Suppression of the Financing of Terrorism was extended to
the Netherlands Antilles, and as successor, to Curacao on March
22, 2010. The UN Convention against Transnational Organized
Crime and the UN Convention against Corruption have not yet
been extended to Curacao.
None applicable
____________________________________________________
Offshore Jurisdiction Blacklists:
As a recognised offshore finance jurisdiction this country may fall
under various country offshore jurisdiction blacklists.
____________________________________________________
US State Department Money Laundering Report - 2012:
In late 2010, Curacao became a new autonomous country within
the Kingdom of the Netherlands. Curacao enjoys a high degree of
autonomy on most internal matters but defers to the Kingdom of
the Netherlands (KON) in matters of defense, foreign policy, final
judicial review, human rights, and good governance. Curacao is a
regional financial center and a transshipment point for drugs from
South America bound for the United States and Europe. Money
laundering is primarily related to proceeds from illegal narcotics.
Money laundering organizations can take advantage of banking
secrecy and use offshore banking and incorporation systems,
economic zone areas, and resort/casino complexes to place, layer
and launder drug proceeds. Another possible area of money
laundering activity may be through wire transfers between the
island and the Netherlands. Bulk cash smuggling is a continuing
problem due to the close proximity of Curacao to South America.
Curacao has two free economic zones. It is not known to what
extent “contrabanding” (using bulk cash to buy actual products
which are shipped to South America and sold, thus legitimizing the
profits) occurs. The worldwide financial recession has significantly
slowed the economic activities of the zones. Curacao has an
active “e-zone” which provides potential e-commerce investors a
variety of tax saving opportunities and could be vulnerable to
illegal activities.
Curacao’s offshore financial sector consists of trust service
companies providing financial and administrative services to an
international clientele, including offshore companies, mutual
funds, and international finance companies. The extent of this
sector is not clear, but it has declined in scale due to the
worldwide financial crisis. Banking regulations require
international banks to have a physical presence and maintain
records on the island. Bearer shares of international companies
must be kept in custody and onshore companies are not allowed
to have bearer shares. Several casinos and Internet gaming
companies operate.
Do Financial Institutions engage in currency transactions related
to international narcotics trafficking that include significant
amounts of US currency; currency derived from illegal sales in the
U.S.; or that otherwise significantly affect the U.S.: NO
Criminalization of Money Laundering:
“All serious crimes” approach or “list” approach to predicate
crimes: All serious crimes
Legal persons covered: criminally: YES civilly: YES
Know-your-customer (KYC) rules:
Enhanced due diligence procedures for PEPs: Foreign: YES
Domestic: YES
KYC covered entities: Onshore and offshore banks, saving banks,
money remitters, credit card companies, credit unions, life
insurance companies and brokers, trust companies and other
service providers, casinos, customs, lawyers, notaries,
accountants, tax advisors, jewelers, car dealers, real estate
agents, administration offices, tax advisors, lawyers, and
accountants
Suspicious transaction reporting (STR) requirements:
Number of STRs received and time frame: Not available
Number of CTRs received and time frame: Not available
STR covered entities: Local and international banks, saving
banks, money remitters, credit card companies, credit unions, life
insurance companies, insurance brokers, company and other
service providers , casinos, customs, lawyers, notaries,
accountants, tax advisors, jewelers, car dealers, real estate
agents, administration offices, and other tax, legal, and
accountancy experts
Money Laundering Criminal Prosecutions/Convictions:
Prosecutions: 24 - January - May 2010
Convictions: 23 - January - May 2010
Records exchange mechanism:
With U.S.: MLAT: YES Other mechanism: YES
With other governments/jurisdictions: YES
Curacao is a member of the Caribbean Financial Action Task
Force, (CFATF), a Financial Action Task Force-style regional
body. The first AML/CFT evaluation of Curacao occurred in
August/September of 2011. Once adopted, the mutual evaluation
report will be found here: http://www.cfatf-gafic.org/mutual-
evaluation-reports.html
Enforcement and implementation issues and comments:
A new penal code was passed by parliament and was to be
published on November 15, 2011. Terrorism financing is now
specifically criminalized and legal persons are subject to criminal
and administrative penalties.
Curacao should ensure that it continues its regulation and
supervision of the offshore sector and free trade zones, as well as
pursuing money laundering investigations and prosecutions.
Curacao should work to fully develop its capacity to investigate
and prosecute money laundering and terrorist financing cases.
The Mutual Legal Assistance Treaty between the KON and the U.
S. applies to Curacao; however, the treaty is not applicable to
requests for assistance relating to fiscal offenses addressed to
the Netherlands Antilles.
Curacao is part of the Kingdom of the Netherlands and cannot
sign or ratify international conventions in its own right. Rather, the
Netherlands may arrange for the ratification of any convention to
be extended to Curacao. The 1988 Drug Convention was
extended to Curacao in 1999. The International Convention for
the Suppression of the Financing of Terrorism was extended to
the Netherlands Antilles, and as successor, to Curacao on March
22, 2010. The UN Convention against Transnational Organized
Crime and the UN Convention against Corruption have not yet
been extended to Curacao.
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* Please note that the information contained in the Tables/Rankings and
Anti-Money Laundering Report are for the Netherlands Antilles and may be subject
to change following full autonomy achieved by Curacao in October 2010.
Anti-Money Laundering Report are for the Netherlands Antilles and may be subject
to change following full autonomy achieved by Curacao in October 2010.
| CURACAO |
| KnowYourCountry |
|
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| Last Updated: 16 April 2012 |