Protection of State Secrets Act

Original Language Title: Wet bescherming staatsgeheimen

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Law of 5 April 1951 laying down detailed provisions for the protection of information, the confidentiality of which is provided for by the interests of the State

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 have taken the view that it is appropriate to provide further provisions on the protection of data, the confidentiality of which is provided by the State's interest;

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:


Article I

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Any place in use with the State or by a State-owned company may be designated as a prohibited place for the protection of data, the confidentiality of which is provided by the security of the State.


Article II

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  • 1 Each place, where work is carried out with the State or retained by agreement with the State, which is relevant to the security of the State, may be used to protect data as referred to in Article 3 (2). Article I for the period in which the work is carried out or the goods are kept, shall be designated as forbidden by us.

  • 2 A designation as referred to in the preceding paragraph shall be found outside the Article III, first paragraph , if the exceptional circumstances do not take place, unless the intention to do so has been communicated to the other party before the contract has been established, or declares that the other party is the other after the agreement has been reached Do not object to such designation.


Article IIA

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Under the security of the State, the foregoing articles shall mean the security of its allies.


Article III

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  • 2 Where the decision referred to in paragraph 1 has been taken, a proposal for a law shall be forwarded to the Second Chamber forthwith, on the continuation of the operation of the provision in force for that decision.

  • If the proposal is rejected by the States-General, a royal decree, on the proposal of our Minister-President, shall without delay delay the provision which has been brought into force under paragraph 1.

  • 4 By royal decree, upon the proposal of Our Prime Minister, the provision which has been brought into force under paragraph 1 shall be excluded as soon as the circumstances permit it to be considered.

  • 5 The decision referred to in paragraphs 1, 3 and 4 shall be published in accordance with the procedures to be laid down therein. It shall enter into force immediately after the publication.

  • 6 The decision, referred to in the first, third and fourth paragraphs, shall in any case be placed in the State Sheet .


Article III A [ Enter into force at a time to be determined]

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This part has not (yet) entered into force; see the summary of changes


Article IV

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Each decision designating a place as a prohibited place shall also specify the manner in which the place shall be designated as a prohibited place.


Article V

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  • 1 He who, by virtue of some legal provision, is competent to enter any place against the will of the rightholder, shall not exercise such jurisdiction in respect of a place designated as a prohibited place by virtue of that law, except in so far as he has been authorised in writing by the Advocate General at the notice quetting.

  • 2 The preceding paragraph does not apply to him, who as a prosecutor, as a judge commissioner or under the Law of 23 May 1899, State Sheet n °. 128, competent to enter any place against the will of the rightholder.


Article Va

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This Act shall also apply to Bonaire, Sint Eustatius and Saba, except that the written authorisation provided for in Article V , is granted by the Attorney General at the Joint Court of Justice of Aruba, Curaçao, Sint Maarten and Bonaire, Sint Eustatius and Saba.


Article VI

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Article VII

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Article VIII

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Article IX

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This law may be cited as "State Secrets Protection Act".

Burdens and orders, which are 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 implementation.

Given at Paleize Soestdijk, 5 April 1951.

JULIANA.

The Minister-President, Minister for General Affairs,

W. DREES.

The Minister of Justice,

H. MULDERIJE.

The Minister of the Interior,

J. H. VAN MAARSEVEEN.

The Minister of War,

C. STAF.

The Minister of the Navy,

C. STAF.

Issued the 10th April 1951.

The Minister of Justice,

H. MULDERIJE.