|
|
Sanctions:
As a member of the EU, the country is party to all EU Sanctions
as well as UN sanctions.
____________________________________________________
Offshore Jurisdiction Blacklists:
Information unavailable.
____________________________________________________
US State Department Money Laundering Report - 2012:
The Netherlands is a major financial center and consequently an
attractive venue for laundering funds generated from illicit
activities, including activities often related to the sale of cocaine,
cannabis, or synthetic and designer drugs, such as ecstasy.
Financial fraud, especially tax-evasion, is believed to generate a
considerable portion of domestic money laundering. There are a
few indications of syndicate-type structures in organized crime or
money laundering, but there is virtually no black market for
smuggled goods in the Netherlands. Although under the
Schengen Accord there are no formal controls on national
borders within the European Union (EU), the Dutch authorities run
special operations in the border areas with Germany and Belgium
to keep smuggling to a minimum.
Six islands in the Caribbean fall under the jurisdiction of the
Netherlands. Bonaire, St. Eustasius, and Saba are special
municipalities of the country the Netherlands. Aruba, Curacao,
and St. Maarten are countries within the Kingdom of the
Netherlands.
For additional information focusing on terrorist financing, please
refer to the Department of State’s Country Reports on Terrorism,
which can be found here: http://www.state.gov/j/ct/rls/crt/
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: NO
Know-your-customer (KYC) rules:
Enhanced due diligence procedures for PEPs: Foreign: YES
Domestic: NO
KYC covered entities: Banks, credit institutions, securities and
investment institutions, providers of money transaction services,
life insurers and insurance brokers, credit card companies,
casinos, traders in high-value goods, other traders, accountants,
lawyers and independent legal consultants, business economic
consultants, tax consultants, real estate brokers, estate agents,
civil-law notaries, trust and asset administrative companies
Suspicious Transaction Reporting (STR) Requirements:
Number of STRs received and time frame: 117,000 in 2010
Number of CTRs received and time frame: 66,000 in 2010
STR covered entities: Banks, credit institutions, securities and
investment institutions, providers of money transaction services,
life insurers and insurance brokers, credit card companies,
casinos, traders in high-value goods, other traders, accountants,
lawyers and independent legal consultants, business economic
consultants, tax consultants, real estate brokers, estate agents,
civil-law notaries, trust and asset administrative companies
Money Laundering Criminal Prosecutions/Convictions:
Prosecutions: 1,300 in 2010
Convictions: 812 in 2010
Records exchange mechanism:
With U.S.: MLAT: YES Other mechanism: YES
With other governments/jurisdictions: YES
The Netherlands is a member of the Financial Action Task Force
(FATF). Its most recent mutual evaluation can be found here: http:
//www.fatf-gafi.org/document/50/0,3746,
en_32250379_32236963_47221490_1_1_1_1,00.html
Enforcement and implementation issues and comments:
In June 2008, the Netherlands Court of Audit published its
investigation of the Government of the Netherlands’ policy for
combating money laundering and terrorist financing. The report
criticizes the Ministries of Interior, Finance, and Justice for: lack of
information sharing among them; too little use of asset seizure
powers; limited financial crime expertise and capacity within law
enforcement; and light supervision of notaries, lawyers, and
accountants. Similar deficiencies were seen during the more
recent mutual evaluation of the Netherlands. The ministries
agreed in large part with these conclusions and have taken steps
to address them, including hiring financial crime experts in law
enforcement and introducing new laws to strengthen the ability of
law enforcement to tackle money laundering.
The Netherlands has established an “unusual transaction”
reporting system. Designated entities are required to file unusual
transaction reports (UTRs) with the FIU on any transaction that
appears unusual (applying a broader standard than “suspicious”)
or when there is reason to believe that a transaction is connected
with money laundering or terrorist financing. The FIU investigates
UTRs and forwards them to law enforcement for criminal
investigation; once the FIU forwards the report, the report is then
classified as a STR. Draft legislation is pending to strengthen the
reporting regime and enact stronger KYC rules.
In response to criticisms concerning the operational
independence and effectiveness of the Dutch financial
intelligence unit (FIU), a discussion on how to ensure FIU
operational independence is underway. The FIU is currently part
of the police, which itself is undergoing reforms.
In September 2011 the Dutch parliament passed a bill
modernizing the supervision of notaries. Comprehensive
supervision will be conducted by an independent supervisory
body with investigative powers, with the use of confidential
information about clients strictly limited to action against notaries.
A similar legislative proposal is being prepared concerning the
supervision of lawyers and is expected to be introduced in
parliament in 2012.
The United States enjoys strong cooperation with the Netherlands
in fighting international crime, including money laundering. One
provision included in the U.S.-EU mutual legal assistance
agreement, which the Netherlands has ratified, will facilitate the
exchange of information on bank accounts. The Dutch Ministry of
Security and Justice and the National Police work together with U.
S. law enforcement authorities in the Netherlands on operational
money laundering initiatives.
Due to legal and political changes, asset seizure has become a
priority in money laundering cases. The assignment of dedicated
money laundering prosecutors is bringing change to historically
low asset seizure rates. A Steering Committee has been created
to discuss and assign cases to the appropriate investigative unit.
To further increase the confiscation of criminal assets, the Dutch
Minister of Security and Justice introduced a new law including
confiscation as a standard procedure of any money-driven
criminal case, aimed at increasing law enforcement agencies’
capacity to take such action.
A Rotterdam Court sentenced seven people in February 2011 for
involvement in international drug trafficking and money
laundering. The main suspect was sentenced to three years and
nine months, and €4.5 million (approximately $5.927 million) cash
was forfeited. The convicted group had direct connections with
Colombian drug cartels. In April 2011, a court in The Hague
sentenced a Dutch man to six years and four months for money
laundering, blackmailing, violent robbery, and other serious
crimes. Eleven other people in the same case received sentences
of from 30 months to five years.
____________________________________________________
US State Dept Narcotics Report 2012 (introduction):
The Netherlands is a significant transit country for narcotics and
has traditionally been a producer of synthetic drugs, such as
MDMA (ecstasy). The Dutch Opium Act prohibits the possession,
commercial distribution, production, import and export of all illicit
drugs. The Dutch government places a high priority on combating
the illegal drug trade, and it has seen considerable success. The
Netherlands is a party to the 1988 UN Drug Convention.
Production. The government has made the fight against
organized cannabis cultivation a top priority. In addition to the
National Taskforce on Organized Hemp Cultivation established in
July 2008, the Justice and Security Minister in December 2010 set
up a special taskforce to combat drug-related organized crime,
particularly illegal cannabis cultivation, in Brabant province, where
the country’s cannabis plantations are concentrated.
The country has traditionally been a major producer of ecstasy,
although a sizeable amount of production appears to have shifted
to other countries. During 2010 Dutch Police (KLPD) reporting
indicated an increase in ecstasy production in the Netherlands.
Although there were no reports of ecstasy laboratory seizures in
2010, there have been numerous indications of lab activity. These
include significant seizures of “pre-precursor chemicals,” which
can be converted easily into the traditional precursors needed for
production. In January 2011 the Trimbos Institute reported that
more and better quality ecstasy had emerged on the Dutch
market. There is also production of amphetamines and other
synthetic drugs. The Netherlands has a large (legal) chemical
sector, making it a convenient location for criminals to obtain or
produce precursor chemicals used to manufacture illicit drugs.
Trafficking/Transit. With its extensive transportation infrastructure
and the busiest maritime port in Europe, the Netherlands
continues to be a major distribution point for illicit drugs to and
from Europe. A sizeable percentage of the cocaine consumed in
Europe enters through the Netherlands. Cocaine trafficking is
combated through the 100-percent checks on inbound flights from
the Netherlands Antilles, Suriname, and West African countries.
Trafficking in “hard” drugs is prosecuted vigorously, and dealers
are subject to a prison sentence of up to 12 years. When
trafficking takes place on an organized scale, the sentence is
increased by one-third (up to 16 years).
Illegal Drug Use. The Dutch Opium Act distinguishes between
“hard” drugs that have “unacceptable” risks (e.g., heroin, cocaine,
ecstasy), and “soft” drugs (cannabis products). Sales of small
amounts of cannabis products (under five grams) are “tolerated”
(i.e., not prosecuted, even though technically illegal) in
“coffeeshops” operating under regulated conditions (no minors on
premises, no alcohol sales, no hard drug sales, no advertising,
and no creating a public nuisance).
The Health Ministry coordinates drug policy, while the Ministry of
Security and Justice is responsible for law enforcement, including
the police. Matters relating to local government are the
responsibility of the Ministry of Interior. At the municipal level,
policy is coordinated in tripartite consultations among the mayor,
the chief public prosecutor, and the police.
For Full report, click here
____________________________________________________
US State Dept Trafficking in Persons Report 2011
(introduction):
(Tier 1)
The Netherlands is primarily a source, destination, and transit
country for men, women, and children subjected to sex trafficking
and forced labor. Women from the Netherlands, Nigeria, Hungary,
Bulgaria, Romania, and Sierra Leone were the top six countries of
origin for identified female victims of forced prostitution in 2010.
Approximately 113 victims identified last year in the Netherlands
were male; these men and boys were subjected to sex trafficking
and various forms of forced labor, including in agriculture,
horticulture, catering, food processing, cleaning, and illegal
narcotics trafficking. These male victims were primarily from
Nigeria, Slovakia, India, the Netherlands, and Ghana. Groups
vulnerable to trafficking include unaccompanied children seeking
asylum, women with dependent residence status obtained through
fraudulent or forced marriages, women recruited in Africa, and
East Asian women working in massage parlors. Criminal networks
are often involved in forced prostitution and forced labor involving
foreigners, while those involved in forced prostitution of Dutch
residents work independently, often recruit through the Internet,
and exploit one to two victims at a time. The head of the national
police force reported in 2010 that human traffickers increasingly
took their victims to customers staying in hotels.
The Government of the Netherlands fully complies with the
minimum standards for the elimination of trafficking. The
government again showed regional and international leadership
on anti-trafficking reforms. The Dutch national anti-trafficking
rapporteur and other officials continued to take a pragmatic, self-
critical approach to assessing its response to human trafficking,
resulting in concrete improvements in its overall anti-trafficking
efforts. The government sustained a strong effort to proactively
identify and assist trafficking victims and improved its response to
forced labor. Sentences for convicted traffickers, however,
remained consistently low.
For full report click here
____________________________________________________
US State Dept Terrorism Report 2010
Overview: The Netherlands continued to show its commitment to
counterterrorism cooperation in the areas of border and
transportation security and terrorist financing. In its December
2010 quarterly terrorism threat analysis, the Dutch National
Counterterrorism Coordinator (NCTb) maintained the national
threat level at limited, meaning chances of an attack in the
Netherlands or against Dutch interests were relatively small but
could not be ruled out entirely. According to the report, there were
few incidents in the Netherlands resulting from violent
radicalization, although the conditions for radicalization remained
present, particularly among the Somali community. However, the
NCTb concluded that resistance against politically or ideologically
motivated violence among the Dutch population remained high.
On May 31, the International Center for Counterterrorism, which
received three years of seed money from the Foreign Ministry,
was officially opened in The Hague.
Legislation and Law Enforcement: In 2009, the Dutch Justice
Ministry and the U.S. Department of Homeland Security
established the Fast Low Risk Universal Crossing (FLUX) system
at some 20 U.S. airports enabling registered travelers that have
submitted to a security assessment to go straight through U.S.
immigration controls using iris scanners. U.S. citizens registered
in the FLUX system enjoy this expedited travel at the Netherlands'
Schiphol airport. In January 2010, the Netherlands began
deploying full body scanners on flights from Schiphol airport to the
United States, and by year’s end the number of scanners in use
expanded to a total of 75. These scanners were operated as an
EU pilot program pending EU-legislation for the routine use of this
technology.
In the appeal case against seven members of the Hofstad terrorist
group, the appeals court in Amsterdam ruled on December 17
that the seven had indeed formed a criminal organization with
terrorist intent. The court imposed prison sentences of between
15 months and 13 years against the seven defendants. The
highest sentence was for Jason Walters, a dual U.S.-Dutch
national, for having thrown a hand grenade at police officers in
November 2004. Most members, except for Walters and his
accomplice, have already served their sentences.
In addition to the arrest of six Tamils in late April, the National
Crime Squad in June arrested four Tamils on suspicion of illegal
activities in the Netherlands, including raising funds to support the
struggle of the Liberation Tigers of Tamil Eelam movement. The
investigation was ongoing at year’s end.
At the request of Belgian justice authorities, the National Crime
Squad in November arrested three Moroccan-Dutch nationals in
Amsterdam suspected of engaging in international terrorism. The
three reportedly had advanced plans to travel to Chechnya to join
the Chechen terrorist group Caucasus Emirate. At year’s end, the
three were in custody pending a decision to extradite them to
Belgium.
Following information supplied by the General Intelligence and
Security Service (AIVD), the National Crime Squad on December
24 arrested 12 Somalis in Rotterdam on suspicion of being
involved in terrorist activities. All 12 were subsequently released
though three remained under investigation.
Countering Terrorist Finance: Dutch officials remained committed
to active cooperation with the United States in designating known
terrorist organizations and freezing their assets. The Dutch also
supported the continued exchange of information on financial
transactions. The Dutch government worked to emphasize the
importance of balancing security and the effectiveness of the
financial system. In July 2009, the Netherlands assumed
Presidency of the Financial Action Task Force (FATF) for a one-
year period. Together with the United Arab Emirates, the
Netherlands organized the Middle East and North African FATF
(MENA FATF) meeting in February 2010.
Regional and International Cooperation: The Netherlands played
an active role in UN and EU counterterrorism discussions. During
a summit of foreign ministers from the G8 and Middle East states
in London in January, it was agreed that the Netherlands would
take the lead in helping Yemen develop its judicial and legal
system. The Netherlands has long been involved in development
assistance programs in Yemen. The Dutch served as co-chair of
the Friends of Yemen Justice and Rule of Law working group.
In November, the NCTb and INTERPOL organized a global
exercise aimed at the prevention of biological terrorism
(BIOSHIELD Global 2010), in which more than 80 representatives
from 28 countries (including the United States) and international
organizations participated.
The Netherlands currently has counterterrorism capacity building
projects in Pakistan, Yemen, Morocco, and Algeria. The
Netherlands also contributed to the counterterrorism work of the
UN Office on Drugs and Crime. The Netherlands ratified the
International Convention for Suppression of Acts of Nuclear
Terrorism in 2010.
Countering Radicalization and Violent Extremism: The Justice
Ministry's "Netherlands against Terrorism" campaign continued
with a particular focus on preventing radicalization and
polarization. The campaign has a local approach, in which police
officers, social workers, and teachers are trained to recognize
signs of radicalization and how to engage key figures/leaders in
Muslim communities. A March study by the AIVD concluded that
too much emphasis is placed on the effect of an "ideological
counter message" in the battle against radicalization in the
Netherlands. AIVD researchers noted that the conscious
dissemination of "moderate Islam" or use of liberal imams hardly
had any effect on the ideals of potential militants, but having a
job, partner, and children are a much better remedy. The
Netherlands played a leading role in countering terrorism on the
Internet.
____________________________________________________
Links:
Worldwide AML Legislation (International Bar Association)
Financial Intelligence Unit – Nederland (FIU-Netherlands)
As a member of the EU, the country is party to all EU Sanctions
as well as UN sanctions.
____________________________________________________
Offshore Jurisdiction Blacklists:
Information unavailable.
____________________________________________________
US State Department Money Laundering Report - 2012:
The Netherlands is a major financial center and consequently an
attractive venue for laundering funds generated from illicit
activities, including activities often related to the sale of cocaine,
cannabis, or synthetic and designer drugs, such as ecstasy.
Financial fraud, especially tax-evasion, is believed to generate a
considerable portion of domestic money laundering. There are a
few indications of syndicate-type structures in organized crime or
money laundering, but there is virtually no black market for
smuggled goods in the Netherlands. Although under the
Schengen Accord there are no formal controls on national
borders within the European Union (EU), the Dutch authorities run
special operations in the border areas with Germany and Belgium
to keep smuggling to a minimum.
Six islands in the Caribbean fall under the jurisdiction of the
Netherlands. Bonaire, St. Eustasius, and Saba are special
municipalities of the country the Netherlands. Aruba, Curacao,
and St. Maarten are countries within the Kingdom of the
Netherlands.
For additional information focusing on terrorist financing, please
refer to the Department of State’s Country Reports on Terrorism,
which can be found here: http://www.state.gov/j/ct/rls/crt/
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: NO
Know-your-customer (KYC) rules:
Enhanced due diligence procedures for PEPs: Foreign: YES
Domestic: NO
KYC covered entities: Banks, credit institutions, securities and
investment institutions, providers of money transaction services,
life insurers and insurance brokers, credit card companies,
casinos, traders in high-value goods, other traders, accountants,
lawyers and independent legal consultants, business economic
consultants, tax consultants, real estate brokers, estate agents,
civil-law notaries, trust and asset administrative companies
Suspicious Transaction Reporting (STR) Requirements:
Number of STRs received and time frame: 117,000 in 2010
Number of CTRs received and time frame: 66,000 in 2010
STR covered entities: Banks, credit institutions, securities and
investment institutions, providers of money transaction services,
life insurers and insurance brokers, credit card companies,
casinos, traders in high-value goods, other traders, accountants,
lawyers and independent legal consultants, business economic
consultants, tax consultants, real estate brokers, estate agents,
civil-law notaries, trust and asset administrative companies
Money Laundering Criminal Prosecutions/Convictions:
Prosecutions: 1,300 in 2010
Convictions: 812 in 2010
Records exchange mechanism:
With U.S.: MLAT: YES Other mechanism: YES
With other governments/jurisdictions: YES
The Netherlands is a member of the Financial Action Task Force
(FATF). Its most recent mutual evaluation can be found here: http:
//www.fatf-gafi.org/document/50/0,3746,
en_32250379_32236963_47221490_1_1_1_1,00.html
Enforcement and implementation issues and comments:
In June 2008, the Netherlands Court of Audit published its
investigation of the Government of the Netherlands’ policy for
combating money laundering and terrorist financing. The report
criticizes the Ministries of Interior, Finance, and Justice for: lack of
information sharing among them; too little use of asset seizure
powers; limited financial crime expertise and capacity within law
enforcement; and light supervision of notaries, lawyers, and
accountants. Similar deficiencies were seen during the more
recent mutual evaluation of the Netherlands. The ministries
agreed in large part with these conclusions and have taken steps
to address them, including hiring financial crime experts in law
enforcement and introducing new laws to strengthen the ability of
law enforcement to tackle money laundering.
The Netherlands has established an “unusual transaction”
reporting system. Designated entities are required to file unusual
transaction reports (UTRs) with the FIU on any transaction that
appears unusual (applying a broader standard than “suspicious”)
or when there is reason to believe that a transaction is connected
with money laundering or terrorist financing. The FIU investigates
UTRs and forwards them to law enforcement for criminal
investigation; once the FIU forwards the report, the report is then
classified as a STR. Draft legislation is pending to strengthen the
reporting regime and enact stronger KYC rules.
In response to criticisms concerning the operational
independence and effectiveness of the Dutch financial
intelligence unit (FIU), a discussion on how to ensure FIU
operational independence is underway. The FIU is currently part
of the police, which itself is undergoing reforms.
In September 2011 the Dutch parliament passed a bill
modernizing the supervision of notaries. Comprehensive
supervision will be conducted by an independent supervisory
body with investigative powers, with the use of confidential
information about clients strictly limited to action against notaries.
A similar legislative proposal is being prepared concerning the
supervision of lawyers and is expected to be introduced in
parliament in 2012.
The United States enjoys strong cooperation with the Netherlands
in fighting international crime, including money laundering. One
provision included in the U.S.-EU mutual legal assistance
agreement, which the Netherlands has ratified, will facilitate the
exchange of information on bank accounts. The Dutch Ministry of
Security and Justice and the National Police work together with U.
S. law enforcement authorities in the Netherlands on operational
money laundering initiatives.
Due to legal and political changes, asset seizure has become a
priority in money laundering cases. The assignment of dedicated
money laundering prosecutors is bringing change to historically
low asset seizure rates. A Steering Committee has been created
to discuss and assign cases to the appropriate investigative unit.
To further increase the confiscation of criminal assets, the Dutch
Minister of Security and Justice introduced a new law including
confiscation as a standard procedure of any money-driven
criminal case, aimed at increasing law enforcement agencies’
capacity to take such action.
A Rotterdam Court sentenced seven people in February 2011 for
involvement in international drug trafficking and money
laundering. The main suspect was sentenced to three years and
nine months, and €4.5 million (approximately $5.927 million) cash
was forfeited. The convicted group had direct connections with
Colombian drug cartels. In April 2011, a court in The Hague
sentenced a Dutch man to six years and four months for money
laundering, blackmailing, violent robbery, and other serious
crimes. Eleven other people in the same case received sentences
of from 30 months to five years.
____________________________________________________
US State Dept Narcotics Report 2012 (introduction):
The Netherlands is a significant transit country for narcotics and
has traditionally been a producer of synthetic drugs, such as
MDMA (ecstasy). The Dutch Opium Act prohibits the possession,
commercial distribution, production, import and export of all illicit
drugs. The Dutch government places a high priority on combating
the illegal drug trade, and it has seen considerable success. The
Netherlands is a party to the 1988 UN Drug Convention.
Production. The government has made the fight against
organized cannabis cultivation a top priority. In addition to the
National Taskforce on Organized Hemp Cultivation established in
July 2008, the Justice and Security Minister in December 2010 set
up a special taskforce to combat drug-related organized crime,
particularly illegal cannabis cultivation, in Brabant province, where
the country’s cannabis plantations are concentrated.
The country has traditionally been a major producer of ecstasy,
although a sizeable amount of production appears to have shifted
to other countries. During 2010 Dutch Police (KLPD) reporting
indicated an increase in ecstasy production in the Netherlands.
Although there were no reports of ecstasy laboratory seizures in
2010, there have been numerous indications of lab activity. These
include significant seizures of “pre-precursor chemicals,” which
can be converted easily into the traditional precursors needed for
production. In January 2011 the Trimbos Institute reported that
more and better quality ecstasy had emerged on the Dutch
market. There is also production of amphetamines and other
synthetic drugs. The Netherlands has a large (legal) chemical
sector, making it a convenient location for criminals to obtain or
produce precursor chemicals used to manufacture illicit drugs.
Trafficking/Transit. With its extensive transportation infrastructure
and the busiest maritime port in Europe, the Netherlands
continues to be a major distribution point for illicit drugs to and
from Europe. A sizeable percentage of the cocaine consumed in
Europe enters through the Netherlands. Cocaine trafficking is
combated through the 100-percent checks on inbound flights from
the Netherlands Antilles, Suriname, and West African countries.
Trafficking in “hard” drugs is prosecuted vigorously, and dealers
are subject to a prison sentence of up to 12 years. When
trafficking takes place on an organized scale, the sentence is
increased by one-third (up to 16 years).
Illegal Drug Use. The Dutch Opium Act distinguishes between
“hard” drugs that have “unacceptable” risks (e.g., heroin, cocaine,
ecstasy), and “soft” drugs (cannabis products). Sales of small
amounts of cannabis products (under five grams) are “tolerated”
(i.e., not prosecuted, even though technically illegal) in
“coffeeshops” operating under regulated conditions (no minors on
premises, no alcohol sales, no hard drug sales, no advertising,
and no creating a public nuisance).
The Health Ministry coordinates drug policy, while the Ministry of
Security and Justice is responsible for law enforcement, including
the police. Matters relating to local government are the
responsibility of the Ministry of Interior. At the municipal level,
policy is coordinated in tripartite consultations among the mayor,
the chief public prosecutor, and the police.
For Full report, click here
____________________________________________________
US State Dept Trafficking in Persons Report 2011
(introduction):
(Tier 1)
The Netherlands is primarily a source, destination, and transit
country for men, women, and children subjected to sex trafficking
and forced labor. Women from the Netherlands, Nigeria, Hungary,
Bulgaria, Romania, and Sierra Leone were the top six countries of
origin for identified female victims of forced prostitution in 2010.
Approximately 113 victims identified last year in the Netherlands
were male; these men and boys were subjected to sex trafficking
and various forms of forced labor, including in agriculture,
horticulture, catering, food processing, cleaning, and illegal
narcotics trafficking. These male victims were primarily from
Nigeria, Slovakia, India, the Netherlands, and Ghana. Groups
vulnerable to trafficking include unaccompanied children seeking
asylum, women with dependent residence status obtained through
fraudulent or forced marriages, women recruited in Africa, and
East Asian women working in massage parlors. Criminal networks
are often involved in forced prostitution and forced labor involving
foreigners, while those involved in forced prostitution of Dutch
residents work independently, often recruit through the Internet,
and exploit one to two victims at a time. The head of the national
police force reported in 2010 that human traffickers increasingly
took their victims to customers staying in hotels.
The Government of the Netherlands fully complies with the
minimum standards for the elimination of trafficking. The
government again showed regional and international leadership
on anti-trafficking reforms. The Dutch national anti-trafficking
rapporteur and other officials continued to take a pragmatic, self-
critical approach to assessing its response to human trafficking,
resulting in concrete improvements in its overall anti-trafficking
efforts. The government sustained a strong effort to proactively
identify and assist trafficking victims and improved its response to
forced labor. Sentences for convicted traffickers, however,
remained consistently low.
For full report click here
____________________________________________________
US State Dept Terrorism Report 2010
Overview: The Netherlands continued to show its commitment to
counterterrorism cooperation in the areas of border and
transportation security and terrorist financing. In its December
2010 quarterly terrorism threat analysis, the Dutch National
Counterterrorism Coordinator (NCTb) maintained the national
threat level at limited, meaning chances of an attack in the
Netherlands or against Dutch interests were relatively small but
could not be ruled out entirely. According to the report, there were
few incidents in the Netherlands resulting from violent
radicalization, although the conditions for radicalization remained
present, particularly among the Somali community. However, the
NCTb concluded that resistance against politically or ideologically
motivated violence among the Dutch population remained high.
On May 31, the International Center for Counterterrorism, which
received three years of seed money from the Foreign Ministry,
was officially opened in The Hague.
Legislation and Law Enforcement: In 2009, the Dutch Justice
Ministry and the U.S. Department of Homeland Security
established the Fast Low Risk Universal Crossing (FLUX) system
at some 20 U.S. airports enabling registered travelers that have
submitted to a security assessment to go straight through U.S.
immigration controls using iris scanners. U.S. citizens registered
in the FLUX system enjoy this expedited travel at the Netherlands'
Schiphol airport. In January 2010, the Netherlands began
deploying full body scanners on flights from Schiphol airport to the
United States, and by year’s end the number of scanners in use
expanded to a total of 75. These scanners were operated as an
EU pilot program pending EU-legislation for the routine use of this
technology.
In the appeal case against seven members of the Hofstad terrorist
group, the appeals court in Amsterdam ruled on December 17
that the seven had indeed formed a criminal organization with
terrorist intent. The court imposed prison sentences of between
15 months and 13 years against the seven defendants. The
highest sentence was for Jason Walters, a dual U.S.-Dutch
national, for having thrown a hand grenade at police officers in
November 2004. Most members, except for Walters and his
accomplice, have already served their sentences.
In addition to the arrest of six Tamils in late April, the National
Crime Squad in June arrested four Tamils on suspicion of illegal
activities in the Netherlands, including raising funds to support the
struggle of the Liberation Tigers of Tamil Eelam movement. The
investigation was ongoing at year’s end.
At the request of Belgian justice authorities, the National Crime
Squad in November arrested three Moroccan-Dutch nationals in
Amsterdam suspected of engaging in international terrorism. The
three reportedly had advanced plans to travel to Chechnya to join
the Chechen terrorist group Caucasus Emirate. At year’s end, the
three were in custody pending a decision to extradite them to
Belgium.
Following information supplied by the General Intelligence and
Security Service (AIVD), the National Crime Squad on December
24 arrested 12 Somalis in Rotterdam on suspicion of being
involved in terrorist activities. All 12 were subsequently released
though three remained under investigation.
Countering Terrorist Finance: Dutch officials remained committed
to active cooperation with the United States in designating known
terrorist organizations and freezing their assets. The Dutch also
supported the continued exchange of information on financial
transactions. The Dutch government worked to emphasize the
importance of balancing security and the effectiveness of the
financial system. In July 2009, the Netherlands assumed
Presidency of the Financial Action Task Force (FATF) for a one-
year period. Together with the United Arab Emirates, the
Netherlands organized the Middle East and North African FATF
(MENA FATF) meeting in February 2010.
Regional and International Cooperation: The Netherlands played
an active role in UN and EU counterterrorism discussions. During
a summit of foreign ministers from the G8 and Middle East states
in London in January, it was agreed that the Netherlands would
take the lead in helping Yemen develop its judicial and legal
system. The Netherlands has long been involved in development
assistance programs in Yemen. The Dutch served as co-chair of
the Friends of Yemen Justice and Rule of Law working group.
In November, the NCTb and INTERPOL organized a global
exercise aimed at the prevention of biological terrorism
(BIOSHIELD Global 2010), in which more than 80 representatives
from 28 countries (including the United States) and international
organizations participated.
The Netherlands currently has counterterrorism capacity building
projects in Pakistan, Yemen, Morocco, and Algeria. The
Netherlands also contributed to the counterterrorism work of the
UN Office on Drugs and Crime. The Netherlands ratified the
International Convention for Suppression of Acts of Nuclear
Terrorism in 2010.
Countering Radicalization and Violent Extremism: The Justice
Ministry's "Netherlands against Terrorism" campaign continued
with a particular focus on preventing radicalization and
polarization. The campaign has a local approach, in which police
officers, social workers, and teachers are trained to recognize
signs of radicalization and how to engage key figures/leaders in
Muslim communities. A March study by the AIVD concluded that
too much emphasis is placed on the effect of an "ideological
counter message" in the battle against radicalization in the
Netherlands. AIVD researchers noted that the conscious
dissemination of "moderate Islam" or use of liberal imams hardly
had any effect on the ideals of potential militants, but having a
job, partner, and children are a much better remedy. The
Netherlands played a leading role in countering terrorism on the
Internet.
____________________________________________________
Links:
Worldwide AML Legislation (International Bar Association)
Financial Intelligence Unit – Nederland (FIU-Netherlands)
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*Please note that FATF deems that a country has significant aml deficiencies if any
of the 'Core' Recommendations, R1, R5, R10, R13, SRII, or SRIV are rated either
Partially of Non-Compliant. These are marked in red.
For FATF to remove a country from the regular follow-up process, it has to be rated
Compliant or Largely Compliant in the above mentioned Core Recommendations
and the following Key Recommendations: -
R3, R4, R23, R26, R35, R36, R40, SRI, SRIII, SRV
Please also note that any risk assessment should take into consideration all
follow-up reports.
of the 'Core' Recommendations, R1, R5, R10, R13, SRII, or SRIV are rated either
Partially of Non-Compliant. These are marked in red.
For FATF to remove a country from the regular follow-up process, it has to be rated
Compliant or Largely Compliant in the above mentioned Core Recommendations
and the following Key Recommendations: -
R3, R4, R23, R26, R35, R36, R40, SRI, SRIII, SRV
Please also note that any risk assessment should take into consideration all
follow-up reports.
|
| Further Tables |
| NETHERLANDS |
| KnowYourCountry |
|
|
Key findings from last Mutual Evaluation Report
Indicators suggest that the Netherlands is susceptible to ML, including
because of its large financial center, openness to trade and the size of
criminal proceeds.
There is a terrorism and TF risk but it appears limited based on available
information.
The Netherlands have criminalized ML fully in line with the requirements
under the Vienna and Palermo Conventions.
The Netherlands have a long-standing FIU which is one the founding
members of the Egmont Group and enjoys high trust for its
professionalism, both domestically and internationally.
Financial investigations have been pursued through aggressive and
effective approaches, as shown by the relatively high number of
prosecutions for ML or ML and other offences.
The Netherlands have a long-standing system of preventive measures
and while the legal framework is modern and comprehensive for both
financial and non-financial institutions, it falls short of the international
standard in some areas, such as in the case of the verification of
beneficial owners and simplified due diligence.
Supervision of AML/CFT obligations is based on broadly comprehensive
powers and is well regarded by most sections of the regulated financial
sector but some gaps in the legal framework need to be filled.
The AML/CFT Law has to be amended to improve the reporting regime,
including by requiring that suspicious transactions are reported promptly.
The Criminal Procedure Code (CPC) should be revised to enable the
Netherlands to grant any foreign country assistance in searching and
seizing evidence in ML cases, and to make ML an extraditable offense,
regardless of the predicate offense involved.
Indicators suggest that the Netherlands is susceptible to ML, including
because of its large financial center, openness to trade and the size of
criminal proceeds.
There is a terrorism and TF risk but it appears limited based on available
information.
The Netherlands have criminalized ML fully in line with the requirements
under the Vienna and Palermo Conventions.
The Netherlands have a long-standing FIU which is one the founding
members of the Egmont Group and enjoys high trust for its
professionalism, both domestically and internationally.
Financial investigations have been pursued through aggressive and
effective approaches, as shown by the relatively high number of
prosecutions for ML or ML and other offences.
The Netherlands have a long-standing system of preventive measures
and while the legal framework is modern and comprehensive for both
financial and non-financial institutions, it falls short of the international
standard in some areas, such as in the case of the verification of
beneficial owners and simplified due diligence.
Supervision of AML/CFT obligations is based on broadly comprehensive
powers and is well regarded by most sections of the regulated financial
sector but some gaps in the legal framework need to be filled.
The AML/CFT Law has to be amended to improve the reporting regime,
including by requiring that suspicious transactions are reported promptly.
The Criminal Procedure Code (CPC) should be revised to enable the
Netherlands to grant any foreign country assistance in searching and
seizing evidence in ML cases, and to make ML an extraditable offense,
regardless of the predicate offense involved.
| Last Updated: 16 April 2012 |