Key Benefits:
Law of 10 October 1996, dealing with the provision of safety investigations (Safety Investigating Act)
We Beatrix, 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 desirable to provide new rules on the provision of safety investigations;
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:
1 In this Act the following definitions shall apply:
a. Trust function: a function that Article 3, first paragraph , as such has been designated;
b. Explanation: a statement that, from the point of view of national security, there is no objection to the fulfilment of a certain trust function by a particular person;
c. Our Minister: Our Minister responsible for the policy area to which a function of trust, in view of the nature of the trust function, belongs;
(d) The competent authority of a High College of State: the President of the Second Chamber of the States-General, the President of the First Chamber of the States-General, the Vice-President of the Council of State, the General Court of Auditors or the National Ombudsman, for as far as it concerns a function in the Second Chamber, the First Chamber, the Council of State, the General Court of Auditors, and the Office of the National Ombudsman respectively.
2 Under this law, the employer means:
(a) the person to whom another person is required to work under contract or governed by public law, except where that person is made available to a third party for the purpose of employment, which is the third party to which he/she is employed. normally perform;
(b) the person to whom another person is made available for the purpose of employment under A .
3 In this law, the employer means the person who, without being an employer within the meaning of the second paragraph, has another function of trust and who, at the time of designation, is responsible for the appointment of a person who is not an employer. Article 3, first paragraph , as such, it is designated.
If a trust function is exercised in the Ministry of Defence, or if it is a function that must be considered a function of trust in connection with the related need to have access to military installations, steps, for the purposes of the application of the provisions of the Articles 3 to: 10 and 16, second paragraph Our Minister of Defence and the Military Intelligence and Security Service in the place of our Minister of the Interior and Kingdom Relations respectively, as well as the General Intelligence and Security Service.
1 Our Minister or the empowered authority of a High College of State points out, in accordance with our Minister of Home Affairs and Kingdom Relations, functions that offer the possibility of damaging national security as a trust functions. Our Minister or the competent authority of a High College of State makes the appointment immediately to the employer in charge. If there is no employer within the meaning of Article 1, second paragraph , the designation shall also indicate who is to be regarded as an employer within the meaning of this Law.
2 The employer, or the person in respect of whom it is intended to be registered as such in accordance with the third sentence of the first paragraph, shall, on request, give to our Minister or to the competent authority of a High College of State and to the Head of the Court of Justice. of the General Intelligence and Security Service shall provide information on the establishment of its service, company or institution, which is necessary for the assessment of the degree to which a function offers the possibility of harming national security.
3 After a function is designated as a function of trust, the employer concerned shall give either our Minister or the competent authority of a High College of State and the Head of the General Intelligence and Security Office of the European Union. information about changes in the establishment of its service, company or institution, which are necessary for the assessment of the extent to which such function or other functions offer the possibility of harming national security.
4. Our Minister or the competent authority of a High College of State shall ensure that within five years of the appointment of a function as a function of trust and thereafter, after five years, it shall be examined whether the designation should be maintained stay.
1 The employer shall report to the Head of the General Intelligence and Security Office a person he intends to charge with the fulfilment of a trust function.
2 The notification referred to in paragraph 1 shall be made only by the written consent of the person concerned. The employer shall inform the person concerned of the significance and the legal effects of this notification.
3 The employer shall first charge a person with the fulfilment of a trust function, after our Minister of Home Affairs and Kingdom Relations has issued a statement in respect of that person.
The employer shall notify a person responsible for carrying out a post as a function of trust as soon as possible, but no later than four weeks after the date of the notice of the designation decision. General Intelligence and Security Service.
2 The notification referred to in paragraph 1 shall be made only by the written consent of the person concerned. The employer shall inform the person concerned of the significance and the legal effects of this notification.
3 If the agreement referred to in paragraph 2 has been refused or if a declaration has been refused in respect of the person concerned, the employer shall, as soon as possible and at the latest within eight weeks, remove the person from the function.
1 In the cases referred to in Article 4 and 5 Our Minister for the Interior and Kingdom Relations decides as soon as possible, but no later than within eight weeks, to issue a statement.
2 The deadline for giving a decision is suspended from the day on which our Minister of the Interior and Kingdom Relations invites the data subject to provide further details, until the day when that data has been received whether the period of time allowed for delivery has expired.
1 Before a declaration is issued or refused, a safety investigation shall be initiated on the person concerned by the General Intelligence and Security Service.
2 The safety investigation shall include the initiation of an investigation into data which, from the point of view of national security, are relevant to the performance of the trust function in question. The following shall be limited to the following:
a. Judicial and punitive data as referred to in the Law and punitive data law and data referred to in the Law on Judicial Documentation and on the statements on behaviour BES as well as data as referred to in the Act Police Data Act and processed from data in connection with the execution of the police task of Bonaire, Sint Eustatius and Saba,
(b) information concerning participation or support for activities liable to damage national security;
(c) information concerning membership of, or aid to, organizations pursuing or using means to achieve their objectives, which give rise to a serious presumption of danger to the Community; survival of the democratic rule of law;
d. information relating to other personal conduct and circumstances where it is doubtful whether the person concerned will faithfully fulfil the obligations arising out of the function of the trust under all circumstances.
A declaration may be refused only if there is insufficient assurance that the person concerned will, under all circumstances, faithfully discharge the duties resulting from the function of the trust or if the safety investigation has not been able to provide sufficient data to give an opinion thereon.
1 Our Minister of the Interior and Kingdom Relations shall have jurisdiction, after the expiry of a period of five years or a multiple thereof since the issue of the declaration or if it is apparent from the facts or circumstances which have been renewed Justify the safety investigation of a safety investigation into a person performing a function of trust. The consent of the person concerned shall not be required for the establishment of a renewed safety investigation.
2 Under the facts and circumstances referred to in paragraph 1, data obtained by the General Intelligence and Security Service by the collection of judicial and criminal data as referred to in the first paragraph may be included in the Law and punitive data law and information referred to in the Law on the judicial documentation and on the statements on behaviour of BES as well as on data as referred to in the Act, Police Data Act and processed from data in the context of the execution of the police task at Bonaire, Sint Eustatius and Saba.
1 The costs related to the conduct of a safety investigation as specified in the Articles 7 and 9 shall be borne by the employer.
2 The amounts for the reimbursement of expenses shall be determined by means of a settlement of our Minister of the Interior and of the relations of the Kingdom.
1 Our Minister for the Interior and the Relations of the Kingdom shall have the power to withdraw the declaration if it proves that there is insufficient guarantee that the person concerned shall, under all circumstances, take the relevant position or where a new safety investigation has not been able to provide sufficient information to establish that sufficient guarantees are in place.
2 If a declaration has been withdrawn, the employer shall, as soon as possible, but not later than eight weeks after the withdrawal of the declaration, from the function of trust.
This Act does not apply to the members of the judiciary with jurisdiction in charge, the Attorney General of the High Council, the members of the Council of State, the members of the General Court of Auditors, the National Ombudsman and the substitute ombudsman, the members of the Central Board of Appeal and the members of the College of Appeal for business.
1 Article 4, second paragraph , does not apply in cases where a person with a trust function is entrusted in the context of the fulfillment of actual service within the meaning of Section 5 of Chapter 1 of the Framework Service or from Chapter VII of the Services BES .
2 In the cases referred to in paragraph 1, the safety investigation shall be set not earlier than 12 weeks before the person concerned is required to perform a genuine service within the meaning of Section 5 of Chapter 1 of the Framework Service or from Chapter VII of the Services BES . The introduction of a safety investigation shall be made prior to the person concerned.
1 Our Minister of Home Affairs and Kingdom Relations may, in response to a request from another power or from an international organization made in connection with the organization of international law or international law, be security measures, on a person designated in that request.
2 The communications referred to in paragraph 1 shall only be made on persons who are nationals of the Netherlands or, if they have a different nationality, who are resident in the Netherlands or who have recently stayed there. The relevant persons shall be informed in writing of the business content of such communications. This notification shall be deemed to be a decision.
3 If Our Minister of the Interior and Kingdom Relations intends to make communications as referred to in paragraph 1, a safety investigation shall be carried out in respect of the person concerned by the General Intelligence and Security Service. provided that the person concerned has given their consent in writing.
4 The safety investigation shall include the establishment of an investigation of information which is important from the point of view of national security or the safety or other important interests of the requesting power or of international law. The following shall be limited to the following:
a. Judicial and punitive data as referred to in the Law and punitive data law and data referred to in the Law on Judicial Documentation and on the statements on behaviour BES as well as data as referred to in the Act Police Data Act and processed from data in connection with the execution of the police task of Bonaire, Sint Eustatius and Saba,
(b) information concerning participation in, or support to, activities which may harm national security and of the requesting power or international law;
(c) information concerning membership of, or aid to, organizations pursuing or using means to achieve their objectives, which give rise to a serious presumption of danger to the Community; survival of the democratic rule of law;
d. information relating to other personal conduct and circumstances which may be relevant for the purpose of the request.
5 The notices referred to in paragraph 1 shall contain the conclusions which may be drawn from the safety investigation established or the finding that the investigation has not produced sufficient information to draw conclusions on that basis. can pull or that the affected person has not agreed to set up a security investigation.
6 If a request as referred to in the first paragraph relates to a person in respect of whom a statement has been issued, the application shall be decided upon by Our Minister who issued the certificate. In such cases, a safety investigation may be omitted. The communications referred to in paragraph 1 shall, in such cases, provide for a declaration to be issued in respect of the person concerned.
1 He who does not or does not comply in time with one in the Article 3, second and third paragraphs , 4, first and third members , 5, first and third members , and 10, second paragraph , incorporated obligation, shall be punished with custody of a maximum of three months or a fine of the fourth category.
2 The offences referred to in the first paragraph are offences.
Functions designated as a trust function before the entry into force of this Act shall be treated in the same way as Article 3 designated trust functions.
1 A person in charge of a trust function at the time of entry into force of this Act shall be treated as a person in respect of whom, at that time, a declaration as referred to in Article 4, third paragraph , and 6 has been issued.
2 By way of derogation from Article 9 Our Minister of the Interior and Kingdom Relations for five years after the date of entry into force of this Act in respect of a person referred to in the first paragraph also has the power to conduct a renewed security review. where a period of five years has elapsed since the last safety investigation established in respect of that person.
1 This Act shall also apply in the public entities Bonaire, Sint Eustatius and Saba.
(2) If a decision pursuant to this Act is addressed to a natural or legal person, domicile has been established in the public sector Bonaire, Sint Eustatius or Saba, a natural person or a legal person may, which has been directly affected by the decision in its interest, appeal to the Court of First Instance of Bonaire, Sint Eustatius and Saba. The Administrative Justice Act BES shall apply mutatis mutandis.
This Law shall enter into force on a date to be determined by Royal Decree.
This law may be cited as: Safety investigations Act.
Burdens and orders that are in the State Sheet will be placed, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.
Issued at The Hague, 10 October 1996
Beatrix
The Minister of the Interior,
H. F. Dijkstal
The Minister of Defence,
J. J. C. Voorhoeve
Issued the twenty-ninth October 1996The Minister of Justice,
W. Sorgdrager
