1977 Sanctions Act

Original Language Title: Sanctiewet 1977

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Law of 15 February 1980, to the taking of sanctions against certain States or areas We Juliana, by the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc., etc., etc.
All who read this will see or hear, greetings! do: So We have considered, that it is desirable to proceed to renewal and extension of the legal possibilities, in implementation of international agreements, decisions, recommendations and restrictions for the relations with certain States or areas;
So it is, that we heard, the Council of State, and with agreement of the States-General of the Netherlands, as we find good goedgevonden and have understood and understand this: Division 1. Definitions Article 1 for the purposes of the by or under this law, the following definitions shall apply: a. penalty decision: an order in Council referred to in article 2;
b. penalty scheme: a scheme referred to in article 2, paragraph 2, or article 7;
c. Our Minister: Our Minister of Foreign Affairs in accordance with our Minister whom the Commission.

Section 2. Implementation of international sanctions in fulfilment of treaties Article 2 1, decisions or recommendations of organs of international organizations or to international agreements, relating to the maintenance or restoration of international peace and security or the promotion of the international rule of law or the fight against terrorism, may, by order in Council with regard to the topics referred to in articles 3 and 4 rules.
(2) if the stretch only to set rules for the implementation of obligations arising from treaties or from binding decisions by organisations under international law Our Minister may adopt this.

Article 3 1 The rules referred to in article 2 may include goods, services and finance, shipping, aviation, road traffic, the post and telecommunications and all which is required to comply with the treaties, decisions, recommendations or international agreements referred to in article 2.
2 under the traffic in the first paragraph is understood every act, which apparently is directly aimed at achieving such traffic.
3 The rules referred to in article 2 may include requirements on the in the context of the subjects, referred to in the first paragraph, usual documents.
4 this Act shall be without prejudice to the powers under the General custom law.

Article 4 The rules referred to in article 2 may also relate to the entry and residence of aliens, in that to the extent necessary by way of derogation from articles 3 and 12 of the Aliens Act 2000 the entry and residence of aliens in the rules indicated may be refused and that our Minister of Justice residence permits referred to in articles 14 and 20 of the Aliens Act 2000 of the said foreigners can withdraw it. A withdrawal on the basis of this article shall apply as a withdrawal under article 19 or article 22 of the Aliens Act 2000.

Article 5 [expired per 07-06-2002] section 3. Temporary rules Article 6 1 A penalty decision, as well as a decision to amend or repeal of such measures, does not occur earlier than two months from the date of issuance of the Official Gazette, in which it is placed.
2 in respect of a penalty decision other than in fulfilment of an obligation arising out of a treaty or from a binding decision of an international organization, or with respect to a decision of revocation or modification thereof, may, within one month of the date of issue of the official journal in which the Act in question is placed, by or on behalf of one of the Rooms of the States-General of the Netherlands or by at least one fifth of the desire to be one animal Rooms given that the Act in question in accordance with the law shall be ratified. If such a request is given, we should as soon as possible the relevant draft law submitted in accordance with paragraph 3 If a draft law by one of the both chambers of the States General is rejected, the decision shall, without delay, withdrawn.
4 A penalty decision expires, subject to earlier withdrawal, three years after the entry into force, unless otherwise provided in law.

Article 7 by arrangement can the Minister, when he's considering a nomination for adoption, amendment or repeal of a penalty decide to do and in his opinion, a important reason demands an immediate supply, in accordance with the rules in consideration being decision and rules contained in an existing penalty decision.

Article 8 A sanctions regime on the basis of article 7, subject to earlier withdrawal remains in force until a decision adopted pursuant to article 2, which concerns the same subject, enters into force and not later than to ten months after the entry into force of the settlement.

Section 4. Exemption and waiver [expired per 03-03-2008] article 9 [expired per 03-03-2008] section 5. Article 10 1 supervision ensuring compliance with it by or under this law are responsible for certain officials or other persons who have been designated by the Minister.
2 without prejudice to the first paragraph, Our Minister of finance appoint one or more legal persons responsible for the supervision of compliance with the provisions on under or pursuant to this section, the financial traffic, by: a. financial undertakings pursuant to the Act on financial supervision in the company of Netherlands bank, b. financial undertakings pursuant to the Act on financial supervision in Netherlands units in a collective investment scheme may offer or Administrator of an investment institution, c. financial undertakings pursuant to the Act on financial supervision in the company of Netherlands Exchange institution, d. financial undertakings pursuant to the Act on financial supervision in the Netherlands may grant investment services, e. pension funds, referred to in article 1 of the Pension Act and the occupational pension funds, referred to in article 1 of the Law mandatory occupational pension scheme , f. financial undertakings pursuant to the Act on financial supervision in the company's insurer, Netherlands g. notarial Pension Fund provided for in article 4 of the law on the introduction of an age limit for the notary office and creation of a notarial Pension Fund, h. the trust companies that are registered in the register referred to in article 7, paragraph 1, of the supervision of trust Law offices , i. financial undertakings pursuant to the Act on financial supervision in the company of elektronischgeldinstelling Netherlands, j. financial undertakings pursuant to the Act on financial supervision in the company of Netherlands payment service provider.
3 to people who by a legal person on the basis of the second member designated to supervise compliance with the provisions in or under this section, the provisions of Chapter 5, section 5.2, of the General Administrative Law Act shall apply mutatis mutandis.
4 By a decision to indication under paragraph 1 or 2 shall be notified by placement in the Government Gazette.

Article 10a our Finance Minister can under article 10, paragraph 2, appropriate legal persons the opportunity to put forward their views on the implementation of the on the basis of article 2 or article 7 established rules concerning the financial traffic.

Article 10b 1 our Minister of finance may make rules for the conduct of business with regard to the administrative organisation and the internal control of the institutions referred to in article 10, paragraph 2 (a) to j. 2 our Minister of finance can make rules as to whether or not at the request providing data by the institutions referred to in article 10 , second paragraph, points (a) to j. 3 our Minister of finance may waive the exemption or on the basis of the first and second paragraph rules.

Article 10ba If an institution as indicated in article 10, paragraph 2 (a) to (j) does not comply with its obligations under Article 10b, our Minister of finance by means of giving an indication that require setting within a unsuccessful with regard to indication to indicate points in the decision to adopt a certain course of action.

Article 10 c Our Minister of finance can impose a cease and desist order in respect of violation of rules under Article 10b.

Article 10 d 1 our Minister of finance can impose an administrative fine in respect of violation of rules under Article 10b.
2 with regard to the enterprises and institutions referred to in article 10, paragraph 2, under a, b, c, d, f, g, h, i and j, is article 1:85 of the financial supervision shall apply mutatis mutandis.
3 the institutions referred to in article 10, paragraph 2, point (e), article 183 and 184 of the Pensions Act and article 178 and 179 of the law mandatory occupational pension scheme, and the categorisation on the basis of the order in Council referred to in article 179 of the Pension Act, and the order in Council referred to in article 174 of the law mandatory occupational pension scheme shall apply mutatis mutandis.

4 by order in Council be rules on the exercise of the powers referred to in paragraph 1.

Article 10th 1 the amount of the administrative fine is determined by order in Council, on the understanding that the administrative fine for a separate violation amounts to a maximum of € 4 0000 0000. If, during the Commission of the offence less than five years have expired since the imposition of an administrative fine on the offender in respect of the same offence, the amount of the administrative penalty, referred to in the first sentence, for a separate offense doubled.
2 The order in Council referred to in paragraph 1, determine the amount of violation at each laid down therein to impose administrative penalty claim. The violations are arranged in categories to gravity of the offense with the associated base amounts, minimum amounts and maximum amounts. The following format is used: category Minimum amount Maximum amount base amount 1 € 10 € 10 € 0.0 – 0.0 – 0.0 – 0.0 – 0.0 – € € € 2 500 1 000 € 0.0 € 2 000 – 3 0.0 – 0.0 – 0.0 – € 4 000 3 by way of derogation from the first and second paragraph, the supervisor to determine the amount of the administrative fine to a maximum of twice the amount of the benefit that the offender has obtained by the violation if his advantage is greater than € 2 0000 0000.

Article 10f 1 the powers that Our Minister of finance under this section, may, by order in Council be transferred to one or more legal persons pursuant to article 10, paragraph 2, are appropriate. Then apply the obligations under this section against Our Minister of finance as obligations to the relevant legal entity.
2 to the transfer referred to in paragraph 1, restrictions and regulations.

Article 10 g 1 data and information under this section or pursuant to the provisions concerning individual companies, institutions or persons are provided or obtained data and information and that of a body referred to in article 10 have been received, are not published and are secret.
2 it is to any person under this section or the application of decisions taken under this section only duties, prohibitions of data or information, provided pursuant to these articles or by a body referred to in article 10 h received, data or information, or in the examination of business data and of documents obtained, further or otherwise using or otherwise further or else awareness than for the performance of his task or under this section is required.
3 paragraphs 1 and 2, in respect of the one to whom paragraph 2 applies, without prejudice to the applicability of the provisions of the code of criminal procedure.
4 late in the first and second paragraph, similarly, with regard to the one to whom paragraph 2 applies, without prejudice to the applicability of the provisions of the code of civil procedure and article 66 of the Bankruptcy Act which relate to it as a witness or as a party in a personal appearance by the parties or as an expert in civil matters making a statement regarding data or information obtained in the performance of its prohibited by these Department dedicated task, as far as it comes to data or information about a bank that has been declared bankrupt or on the basis of a court judgment has been dissolved. The in the previous sentence shall not apply to data or information relating to other companies or institutions that are involved or have been involved in a attempt to enable the bank to continue its business.

Article 10 h our Finance Minister, without prejudice to the relevant provisions in binding decisions of organs of the European Union or other international organisations, by way of derogation from article 10 g, power to data or information obtained in the performance of the task entrusted to it by this law, to Dutch or foreign public authorities or bodies designated to Dutch or foreign authorities responsible for the supervision of compliance or with the implementation of the treaties , decisions, recommendations and agreements referred to in article 2, in the field of finance and the rules laid down under that article or article 7, unless: a. the purpose for which the data or information will be used is determined inadequate;
(b) the provision of the data or information would not treaties with the Dutch law or public order;
c. the secrecy of the data or information is not sufficiently ensured;
d. the provision of the data or information reasonably conflicts or might come with the interests that this law is designed to protect; or e. insufficient guarantees that the data or information will not be used for a purpose other than that for which they are provided.

Section 6. Other provisions article 11 [expired per 01-01-2015] article 12 [expired per 07-06-2002] article 13 the Dutch criminal law is applicable to the Dutchman who are outside Netherlands guilty of a punishable act under or pursuant to this fact.

Section 7. Application in the public sector bodies Bonaire, Sint Eustatius and Saba Article 14 1 this law, with the exception of articles 4, 10, paragraphs 2 and 3, and 10a to 11, also apply in the public sector bodies Bonaire, Sint Eustatius and Saba, having regard to the provisions in this section.
2 title 5.2 of the General Administrative Law Act applies.

Article 14a for the purposes of this Act in public bodies Bonaire, Sint Eustatius and Saba are binding acts, adopted within the framework of the common foreign and security policy of the European Union, and international obligations within the meaning of article 2, paragraph 2.

Article 14b with the detection in the public bodies of Bonaire, Sint Eustatius and Saba in this law are responsible for the offences in article 184 of the code of criminal procedure, officials referred to the BERRY by decision of the Minister of Justice in accordance with our officials appointed Minister.

Article 14 c 1 violations of regulations made by or under articles 2 and 7 are crimes as far as they have been committed intentionally. As far as these behaviors are committed intentionally, they are not violations.
2 In case of a crime, the Court in the public sector bodies Bonaire, Sint Eustatius and Saba a prison sentence not exceeding six years or a fine of the fifth category.
3 In case of a violation, the Court in the public sector bodies Bonaire, Sint Eustatius and Saba detention of not more than one year or a fine of the fourth category.

Section 8. Final provisions article 15 the Uitvoerverbodenwet 1935 (Stb. 599) and the sanctions Act 1935 (Stb. 621) Netherlands treads for outdoor operation.

Article 16 1 This Act may be cited as the 1977 sanctions Act.
2 it shall enter into force at a time determined by us.
Charges and recommend, that this law in the Official Gazette will be posted, and that all ministerial departments, authorities, bodies and officials whom it may concern, to the exact implementation will keep the hand.
Given to Lech, 15 February 1980 Juliana the Minister of Foreign Affairs, c. a. van der Klaauw the Minister of Justice, j. das the Finance Minister a.i., g. m. v. van Aardenne The Minister of transport, d. s. Tamanna the Minister of Economic Affairs, g. m. v. van Aardenne The Minister of agriculture and fisheries, Vazquez Issued the 20th March 1980 the Minister of Justice , j. das