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Rijkswet of 25 February 2008, regulating the duties and powers, as well as the Management and Policy of the Coast Guard for the Netherlands Antilles and Aruba (Rijkswet Coastguard for the Netherlands Antilles and Aruba)
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 view of the above, we consider that it is desirable to do so, having regard to Article 38, first, second and third paragraphs , as well as on Article 3, first paragraph, points (a) and (b) of the Statute for the Kingdom of the Kingdom of , to provide for a structural arrangement concerning the Coast Guard for the Netherlands Antilles and Aruba;
It is true that we, the Council of State of the Kingdom, and with the common accord of the States-General, have taken into account the provisions of the Statute for the Kingdom, have been deemed to have been approved and understood to be the same as This:
1 In this Law of the Law and the provisions based thereon, the following definitions shall apply:
a. Our Minister: Our Minister of Defence;
b. Coastguard: Coastguard for Aruba, Curaçao and St. Maarten as well as for the public bodies Bonaire, Sint Eustatius and Saba;
Coastal watchship: any vessel by the Coast Guard used for the purposes of any of the tasks specified in this Law of the Law, which carries out the external registration of the latter, or is clearly known to be used by the armed forces of the Kingdom;
d. coastal watch aircraft: any aircraft by the Coast Guard used for the purposes of any task specified in this Law of the Law, which carries out the external registration of the aircraft, or clearly is in use by the armed forces of the armed forces of the Kingdom;
e. Commander: the person who, by appointment or appointment, is in command of a coastal guard vessel or coastguard vessel;
f. on board: any person who is on board a coastal guard vessel, except the commander;
g. 'pilot-in-command' means the person who effectively commands on board any vessel or aircraft, other than a coastal watchship or coastal waiting aircraft;
h. Territorial sea: the sea waters, fixed at or under Article 1 of the Law on the territorial sea of the Kingdom ;
(i) high seas: sea as referred to in Article 86 of the Convention;
(j) inland waters: waters referred to in Article 8 of the Convention;
(k) Convention on the Law of the Sea of the United Nations on the Law of the Sea (Trb), established at Montego Bay on 10 December 1982. 1984, 55).
2 In the case of, or under general rule of government, on the proposal of our Minister, rules are laid down regarding the outward registration of coastguard vessels and coastguard aircraft.
3 For the purposes of this Driving Law, the Netherlands, Aruba, Curaçao and Sint Maarten shall each apply separately as a jurisdiction.
4 In the case of, or pursuant to, this Directive, certain vessels and their persons on coastal watch vessels shall apply mutatis mutandis in respect of coastal watch aircraft or their aircraft. crew members.
1 There is a Coastguard for Aruba, Curaçao and Sint Maarten as well as for the public bodies Bonaire, Sint Eustatius and Saba.
2 The Coast Guard shall be responsible for monitoring and tracing tasks as well as tasks entrusted to the Coast Guard, which shall be carried out in subordination to the competent authority.
3 The tasks of supervision and isolation are as follows:
a. General police tasks, including operations to combat trafficking and trafficking in narcotic drugs;
b. Counterterrorism,
c. Border Protection
d. Customs supervision
e. monitoring of the environment and fisheries; and
f. monitoring of shipping, including the movement and equipment of ships.
4 The service tasks are:
a. Settlement of emergency, emergency and security movements; and
b. Relief and disaster relief.
5 In the case of, or under a general measure of the State administration, detailed rules may be laid down regarding the tasks of the Coast Guard referred to in this Article.
The Coast Guard shall carry out its duties in the following waters and the airspace above:
a. Inland waterways of Aruba, Curaçao and Sint Maarten, as well as of the public bodies Bonaire, Sint Eustatius and Saba,
b. The territorial sea of Aruba, Curaçao and Sint Maarten as well as of the public bodies Bonaire, Sint Eustatius and Saba, and
c. the connecting zone and other maritime area in the Caribian sea, except in Article 11 Some.
1 In order to carry out the monitoring and tracing tasks, the commander designated by our Minister shall be responsible for the claim of a commander:
(a) that the vessel, acting on a first call or praation, makes and quiesks the vessel which it has taken and quips or does it in such a way as to permit access to the vessel;
(b) take the necessary measures to ensure that the commander or the persons designated by it have access to the vessel; or
c. that it takes the call or palleted vessel in a direction specified or indicated by the commander and that it takes berth, anchors or lands at a specified location;
2 The rules of our Minister may lay down rules on the manner in which the claims referred to in the first paragraph are made.
1 To the extent that it is reasonably necessary for the exercise of the supervisory and tracing tasks, the commander and the persons assigned by him shall be empowered:
a. without prejudice to the provisions of Article 6 , allow themselves to have access to any place on the vessel without permission;
b. places, including cargoes, to be searched,
(c) to examine cases and to open packaging for that purpose;
(d) take samples and weigh and measure them; or
e. temporarily take or take matters for further investigation into the coastal watchship.
2 The proprietor of the cases referred to in paragraph 1 (c), (d) and (e) shall, as such, be obliged to cooperate in the first application of the persons referred to in paragraph 1 in accordance with the directions given to him by those persons and, if by to grant them advanced, provide the necessary resources and provide assistance free of charge.
3 If one of the obligations referred to in paragraph 2 is not fulfilled, the persons referred to in the first paragraph may provide for the costs and the risk of the holder. The countries of the Kingdom of the United Kingdom shall be equally competent to cover the costs referred to in the previous sentence.
In so far as the exercise of the power of competence, Article 5 first paragraph, introductory wording and point (a) For the entry into service of a place of residence as residence, Articles 162 and 163 of the Code of Criminal Procedure of Aruba, Curaçao, or Sint Maarten, are mutatis mutandis.
1 To the extent that it is reasonably necessary for the exercise of the supervisory and tracing tasks, the commander and the persons assigned by him shall be empowered:
(a) to retain on board the vessel, to be called or shelled, and to transfer it to the coastal watchship; or
(b) examine the persons of the vessel's body and clothing, whether it is called or shelled, and confiscate them by carrying them on such clothing.
2 By arrangement of our Minister after consultation with the relevant ministers, rules may be established with regard to the investigation, referred to in paragraph 1 (b).
The Commander shall be empowered to take the necessary measures to ensure that the progress of the claims, as referred to in this Chapter, is reasonably necessary.
Coastal watchships shall be responsible for the exercise of the right of succession referred to in Article 111 of the Convention on the Law of the Sea. The orders and signals set out in that Article shall be given only by, or at the direction of, the commander.
1 The commander and the persons empowered by him shall be empowered to use, in the lawful exercise of powers of performance of the functions of the Coast Guard, violence or restriction on liberty, the purpose of which is to do so; In view of the dangers arising from the use of those risks, it is justified and cannot be achieved in any other way. The use of force shall, if possible, advance a warning.
2 The exercise of the power referred to in paragraph 1 shall be reasonable and moderate in relation to the objective pursued.
3 In the case of a general measure of government administration, on the proposal of our Minister, rules on the use of force or restrictions on freedom, as referred to in the first and second paragraphs, shall be adopted.
Powers conferred by this Act for the purposes of the exercise of Article 2 (3) These tasks may be carried out outside the territorial sea of the countries of the Kingdom in so far as international law and interregional law permit.
1 There is a coastal waiting committee, which is responsible for preparing the policy plan, the annual operational plan, the budget, the annual report and the annual financial statements of the Coast Guard for the submission by Our Minister to the Council. the Council of Ministers of the Kingdom.
2 The Coastal Guard Committee is composed of official representatives of the Ministers of the Coast Guard concerned in the Netherlands, Aruba, Curaçao and Sint Maarten.
3 There is a Presidium of the Coastal Waiting Committee. The countries are represented on an equal footing. The Praesidium shall carry out the coordination of policies, management and resources. The Presidium shall, for the purpose of the Coastal Guard Committee, prepare the documents referred to in paragraph 1 and shall arrange for the Presidency to take effect.
4 There is a secretariat of the Coastal Waiting Committee. Our Minister appoints the general secretary.
1 The countries of the Kingdom shall jointly contribute the financial resources to the Coast Guard.
2 The Council of Ministers of the Kingdom shall, without prejudice to: Article 14 , the policy for the Coastguard in relation to the exercise of its duties.
3 The Council of Ministers of the Kingdom of Article 12, first paragraph These documents must be identified.
4 Our Minister, after obtaining the consent of our Minister for Administrative Renewal and Kingdom Relations, shall arrange for the submission to the Council of Ministers of the Kingdom of the Article 12, first paragraph said documents. Our Minister is not going to submit the said documents beyond that after the Ministers of the Netherlands, Aruba, Curaçao and Sint Maarten have been given the opportunity to present their views on this matter. to make known.
5 The Presidium shall monitor the implementation of the policy plan and comply with the budget.
1 Our Ministers of Justice of the Netherlands, Aruba, Curaçao and Sint Maarten conduct regular consultations on the judicial policy for the purposes of exercising the tasks of the Coast Guard and jointly establish this policy.
2 Proposals for judicial policy can be made by the consultations of the Prosecutor General of Aruba, Curaçao and Sint Maarten and a member of the College of Prosecutors General in the Netherlands.
3 In the absence of an agreement between Our Ministers of Justice, the Council of Ministers of the Kingdom shall decide.
1 Our Minister is responsible within the agreed budgetary framework conditions for the Management and Establishment of the Coast Guard as well as the manner in which the tasks are carried out by the Coast Guard, as laid out in the Policy Plan and Operational plan.
2 The Director of the Coast Guard is in charge of the overall leadership of the Coast Guard. This function is fulfilled by the Commander of the Sea Force in the Caribbean.
3 Our Secretary of State shall make available to the Coast Guard, in so far as they are suitable for the performance of the Coast Guard, the defence equipment and defence personnel present in the Caribbean, and not to be subject to any other defence. deployed.
1 In the performance of the Coast Guard Ministers of the Netherlands, Aruba, Curaçao and Sint Maarten, the Ministers concerned shall ensure that the Director and the staff of the Coast Guard are granted surveillance and investigation privileges which are necessary for the proper exercise of the tasks of the Coast Guard.
2 The Ministers of the Coast Guard concerned in the Netherlands, Aruba, Curaçao and Sint Maarten, as well as the departments responsible for them, shall provide the Director with the information necessary for the proper exercise of the Coastguard duties.
1 In the case of a national decision, instructions on the performance of supervisory and service tasks may be given. With regard to the public sector entities Bonaire, Sint Eustatius and Saba, these indications shall be determined by a general measure of administration.
The Attorney General of the country concerned may give direct guidance on the execution of tracing tasks.
3 The Director of the Coast Guard shall follow the instructions of the competent authority with regard to the performance of the supervisory, search and service tasks.
The Governor of Aruba, Curaçao, or Sint Maarten, or the administrative board of the public bodies Bonaire, Sint Eustatius and Saba, is competent in the event of disasters, accidents and disturbances in traffic or communications, which are not with other disturbances of internal security or public order, to make available parts of the Coast Guard to the Government of Aruba, Curaçao, or Sint Maarten. In other cases of emergency, this shall not take place in consultation with our Minister.
1 The competent authorities of Aruba, Curaçao and Sint Maarten, as well as of the public entities Bonaire, Sint Eustatius and Saba are responsible for regulating the status of the Coast Guard personnel, which is in accordance with each other.
2 The Staff Regulations of the Ministry of Defence shall be subject to the Staff Regulations of the Ministry of Defence. The other staff made available by the Netherlands shall be subject to the legal status schemes for technical assistance.
1 The person who:
(a) compulsion or rescance shall be committed against the commander or any person appointed by him;
b. intentionally failing to comply with an order or claim, by virtue of any provision of that state law, done by the commander or prevented, obstructed, or intentionally obstructed, by such a person, any person who has been assigned or who has been assigned or intentionally taken to implement any provision of this Driving Act,
is punishable by criminal threats made to the corresponding facts according to the criminal law of the country which is competent to prosecute and to do so.
2 Where the fact is committed on the high seas, the application of its criminal law and criminal prosecution shall have jurisdiction over the country in which the coastal watchship within the Kingdom last has chosen berth for the funeral.
1 The person who, as a commander, makes any sign or action on a vessel or aircraft, makes or performs any sign or action, knowing that it is thereby giving the vessel or aircraft the appearance of a coastal watchship or a coastal watch aircraft; -with a maximum of one year's imprisonment or a fine of twenty thousand Dutch-Antillean guilders, or twenty thousand Aruban florin, under the same amount of nine thousand euro. If the penalty is imposed by the criminal court in the public entities Bonaire, Sint Eustatius and Saba, this fine shall not exceed USD 11,173.
2 The offence referred to in the first paragraph shall be a criminal offence.
3 Where the fact is committed on the high seas, the countries of the Kingdom are equally empowered to apply their criminal law and to criminal prosecution.
Provisions of lands and island regulations which are incompatible with provisions of this Law on the Law of State shall not apply.
This Law of Law shall enter into force on a date to be determined by Royal Decree.
This state law is cited as: National Coast Guard for Aruba, Curaçao and Sint Maarten, as well as for the public bodies Bonaire, Sint Eustatius and Saba.
Charges and orders that it will be placed in the Official Journal of the Netherlands Antilles and in the Gazette of Aruba, and that all ministries, authorities, colleges and officials, who so concern, to the accurate Carry out the hand.
Given at The Hague, 25 February 2008
Beatrix
The Minister of Defence,
E. of Medium Purchase
The Secretary of State for the Interior and Kingdom Relations,
A. Th. B. Assistance field-Schouten
The Minister of Justice,
E. M. H. Hirsch Ballin
Published the 8th of April 2008The Minister of Justice,
E. M. H. Hirsch Ballin
