Law of 15 February 1980, until the adoption of sanctions against certain States or territories
We Juliana, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc., etc., etc.
All of them, who will see or hear these, saluut! do know:
In this regard, we considered that it would be desirable to renew and extend the legal capacity to adopt, for the implementation of international decisions, recommendations and agreements, restrictions on the relations with certain States or territories;
In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:
For the purposes of applying to or pursuant to this Act, the following definitions shall apply:
a. Sanctions decision: a general measure of management as referred to in Article 2 ;
c. Our Minister: Our Minister for Foreign Affairs in agreement with our Minister to whom it also concerns.
1 Satisfying the treaties, decisions or recommendations of bodies of international law, or of international agreements, with regard to the maintenance or restoration of international peace and security or the promotion of security international law or the fight against terrorism, may, in the case of a general measure of administration, in respect of the Articles 3 and 4 the subject matter shall be established rules.
(2) If the rules to be laid down are intended solely for the execution of obligations arising out of treaties or from binding decisions of international organizations, our Minister shall fix them.
1 The in Article 2 such rules may concern goods, services and financial traffic, shipping, air transport, road traffic, mail and telecommunications, and all that is required to comply with the Treaties, decisions and recommendations or international agreements, intended to Article 2 .
2 The traffic referred to in paragraph 1 shall be understood to mean any operation which is manifestly directly concerned with the effect of such traffic.
3 The Article 2 such rules may include rules relating to the documents normally used in the context of the subjects referred to in the first paragraph.
4 This law leaves the powers under the General customs law is without prejudice
The Article 2 those rules may also cover access and residence of foreign nationals, in that they may, to the extent necessary, by way of derogation from the Articles 3 and 12 of the Aliens Act 2000 to refuse entry and residence to aliens designated by the rules and to permit the right of residence permits to be issued by our Minister for Justice in the Articles 14 and 20 of the Aliens Act 2000 may withdraw from the said aliens. A repeal pursuant to this Article shall be deemed to be a withdrawal under Article 19 Respectively Article 22 of the Aliens Act 2000 .
1 A sanction decision, or any decision to amend or revoke thereof, shall not take effect sooner than two months after the date of issuance of the sanction; State Gazette, where it is placed.
2 With regard to a sanction decision other than to satisfy an obligation arising from a treaty or from a binding decision by an international organisation, or in respect of a decision to revoke or amend of that, may, within one month from the date of issuance of the State Sheet where the decision in question is placed, by or on behalf of one of the Chambers of the States-General or by at least one fifth of one of the Chambers of Chambers, the wish to be given that the act concerned will be ratified by the Act. If such a wish is to be met, we must present a draft law to this effect as soon as possible.
3 If a draft law submitted in accordance with paragraph 2 of this Article is rejected by either of the Chambers of the States-General, the act concerned shall be repealed without delay.
4 A sanction decision shall expire three years after its entry into force, except as a matter of earlier repeal, unless otherwise provided for in the case of further law.
In the case of an arrangement, when considering a proposal to adopt, amend or revoke a penalty decision, the Minister may, by reason of its judgment, require an immediate provision, in accordance with the rules of the to adopt a decision laying down rules for the enforcement of the provisions of the sanctions decision.
A system of penalties on the basis of Article 7 remain, subject to prior revocation in force until a statement of Article 2 shall enter into force, whichever is the later, but not later than 10 months after the entry into force of the procedure.
1 With the supervision of compliance with or under this Act, officials or other persons appointed by Our Minister shall be responsible for the exercise of such compliance.
2 Without prejudice to the first paragraph, our Minister of Finance may designate one or more legal persons responsible for monitoring compliance with the provisions of this Section relating to financial traffic, by:
a. financial undertakings which are responsible for the Law on financial supervision in the Netherlands, the holding of bank,
b. financial undertakings which are responsible for the Law on financial supervision be entitled to offer units in an investment enterprise or to be the manager of an investment enterprise in the Netherlands,
c. financial undertakings which are responsible for the Law on financial supervision the holding of the exchange institution in the Netherlands,
d. financial undertakings which, following the Law on financial supervision provide investment services in the Netherlands,
e. Pension funds specified in: Article 1 of the Pensions Act and the occupational pension funds referred to in Article 1 of the Compulsory Occupational Pension Scheme Act ,
f. financial undertakings given under the Law on financial supervision the undertaking of insurer in the Netherlands,
g. The notarial pension fund, referred to in Article 4 of the Law on the introduction of an age limit for notarial office and setting up a notarial pension fund ,
h. the trust offices registered in the registry, intended in Article 7, first paragraph, of the Trust Offices Supervision Act ,
(i) financial undertakings which, following the Law on financial supervision in the Netherlands, the holding of an electronic money institution,
Financial undertakings which, following the Law on financial supervision in the Netherlands, the company of payment service provider.
3 With regard to persons entrusted by a legal person designated under the second paragraph with the supervision of compliance with the provisions of this Section, the provisions of Chapter 5, Section 5.2, of the General Administrative Law applicable mutatis mutandis.
A notice of a decision on the basis of the first or second paragraph shall be communicated by the State Official Gazette.
Our Minister of Finance can take the Article 10, second paragraph Where appropriate legal persons are given the opportunity to express their views on the implementation of the provisions of Article 2 or Article 7 adopted rules on financial traffic.
1 Our Minister of Finance may lay down rules governing the management of the administrative organization and internal control of the institutions, as provided for in Article 10, second paragraph, points (a) to (j) .
2 Our Minister of Finance may lay down rules on whether or not to provide information on request by the institutions, referred to in Article 10, second paragraph, points (a) to (j) .
3 Our Minister of Finance may grant exemption or exemption from the rules laid down pursuant to paragraphs 1 and 2.
If an institution as referred to in Article 10, second paragraph, points (a) to (j) , does not meet its obligations under Article 10b The Minister of Finance may, by giving a lead, require that the Minister of Finance to follow a certain line of conduct within a reasonable time limit laid down by him in respect of points to be given in the designation decision.
Our Minister of Finance may impose a charge on penalties in respect of violation of rules imposed by the Article 10b .
1 Our Minister of Finance may impose an administrative penalty on violation of rules imposed by Article 10b .
2 In respect of undertakings and institutions referred to in Article 10, second paragraph, points a, b, c, d, f, g, h, i and j , is Article 1:85 of the Financial Supervision Act applicable mutatis mutandis.
3 With regard to the institutions referred to in Article 10, second paragraph, point (e) , be Article 183 and 184 of the Pensions Act and Article 178 and 179 of the statutory occupational pension scheme Act , and the category classification under the general measure of governance, referred to in Article 179 of the Pension Act , and the general measure of governance, referred to in Article 174 of the statutory occupational pension scheme Act applicable mutatis mutandis.
4 In the case of a general measure of management, rules relating to the exercise of competence shall be laid down in the first paragraph.
1 The amount of the administrative fine shall be determined by a general measure of management, with the exception that the administrative penalty for a separate infringement shall not exceed € 4 000 000. If no five years have elapsed since the offence has been committed since the imposition of an administrative fine on the offender for the same offence, the amount of the administrative penalty, as referred to in the first sentence, shall be paid, doubled for a separate violation.
2 The general measure of management referred to in paragraph 1 shall determine the amount of the administrative penalty to be imposed for each infringement specified therein. The offences shall be classified in categories according to the gravity of the offence with the basic amounts, minimum amounts and maximum amounts. In addition, the following format is used:
€ 10 000,-
€ 10 000,-
€ 500 000,-
€ 1 000 000,-
€ 2 000 000,-
€ 4 000 000,-
3 By way of derogation from the first and second paragraphs, the supervisor may fix the amount of the administrative fine at a maximum of twice the amount of benefit the offender has obtained by the offence if the latter's advantage is greater than € 2 000 000.
1 The powers exercised by our Minister of Finance under this section may be transferred to one or more legal persons under general management measures, which are Article 10, second paragraph -It's been designated. As a result, the obligations under this section apply to our Minister for Finance as liabilities to the legal person concerned.
2 The transfer referred to in paragraph 1 may be subject to restrictions and shall be subject to rules.
1 Data and information supplied or derived from individual undertakings, institutions or persons determined by it or under this Section, and information and information obtained from a body as referred to in Article 10h have been received, are not published and are secret.
2 It is the responsibility of any person who, by virtue of the application of this Section or of acts taken pursuant to this Section, carries out any duties, prohibitions of information or information, provides or provides information pursuant to the said articles or Article 10h to use, further or otherwise, in the examination of business data and documents obtained, or to make further or otherwise known than for the performance of his or her duties or on the basis of such information or information, Section is called for.
3 The first and second paragraphs shall be without prejudice to the applicability of the provisions of the second paragraph, in respect of the person to whom the second paragraph applies. Code of Criminal Procedure .
4 The provisions of the second paragraph shall not affect the applicability of the provisions of the second paragraph of that paragraph, in the same way as to the person to whom the second paragraph applies. Law of Civil Procedure and from Article 66 of the Bankruptcy Law which relate to a declaration of information or information obtained in the performance of its position as a witness or as a party to a party or party in civil matters or as an expert in civil matters the task assigned to it, in so far as it relates to information or intelligence on a bank which has been declared bankrupt or has been decomposed on the basis of a court ruling. The provisions of the preceding sentence shall not apply to data or information relating to undertakings or institutions that have been or have been involved in an attempt to enable the bank concerned to continue its business.
The Minister of Finance is, without prejudice to the relevant provisions of binding decisions of the institutions of the European Union or other organizations of international law, by way of derogation from Article 10g , competent to provide information or intelligence obtained in the performance of the task entrusted to it by this Law, to be given to Dutch or foreign authorities or to Dutch or foreign authorities designated by the State which are responsible for the monitoring of compliance or with the implementation of the Treaties, decisions, recommendations and agreements referred to in Article 2 In the field of financial traffic and the provisions of that Article, Article 7 rules, unless:
(a) the purpose for which the data or intelligence is to be used is not sufficiently defined;
b. the provision of the data or intelligence would not be tolerated with the Dutch law or public policy;
(c) the confidentiality of data or intelligence is not guaranteed to a sufficient extent;
d. the provision of the data or intelligence may reasonably be in conflict or could come with the interests which this law seeks to protect; or
(e) not sufficiently ensured that the data or information will not be used for any purpose other than for which it is provided.
The Dutch criminal law is applicable to the Dutchman who is guilty of an offence under or under this law outside the Netherlands.
1 This Act, with the exception of Articles 4 , 10, second and third members , and 10a to 11 , it shall also apply in the public bodies of Bonaire, Sint Eustatius and Saba, taking into account the provisions of this section.
2 Title 5.2 of the General Law on administrative law shall apply.
For the purposes of this Act in Public Bodies Bonaire, Sint Eustatius and Saba are subject to binding decisions adopted under the European Union's Common Foreign and Security Policy as international obligations within the meaning of Article 2, second paragraph .
In addition to the officials referred to in Article 184 of the Criminal Code of the Code of Criminal Procedure (BES), the investigations in the public bodies of Bonaire, Sint Eustatius and Saba of the offences punishable under this Act have been entrusted to the Commission by the decision of Our Minister. of the Court of Justice in accordance with the officials designated by our Minister.
1 Infringements of rules laid down in or under the rules of procedure Articles 2 and 7 crimes in so far as they have been committed intentionally. To the extent that these conduct are not committed intentionally, they are offences.
2 In the event of a crime, the judge in the public bodies of Bonaire, Sint Eustatius and Saba may impose a prison sentence of up to six years or a fine of the fifth category.
3 In the event of an infringement, the court in public entities may impose on Bonaire, Sint Eustatius and Saba custody for a period of up to one year or a fine of the fourth category.
The Export Prohibition Act 1935 ( Stb. 599) and the Law of Law 1935 ( Stb. 621) do not enter into force for the Netherlands.
1 This law may be cited as Sanctioning Act 1977 .
2 She shall enter into force on a time to be determined by Us.
Burdens and orders, that this law in the State Sheet will be placed, and that all Ministerial Departments, Authorities, Colleges and Officials, who so concern, will keep their hands on the precise execution.
Given at Lech, 15 February 1980
The Minister for Foreign Affairs,
C. A. van der Klaauw
The Minister of Justice,
J. de Ruiter
The Minister of Finance, a.i.,
G. M. V. van Aardenne
The Minister of Transport and Water,
D. S. Tuijnman
The Minister for Economic Affairs,
G. M. V. van Aardenne
The Minister for Agriculture and Fisheries,
Van der SteeIssued the 20th March 1980
The Minister of Justice,
J. de Ruiter