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Rijkswet to approve certain conventions on combating fraud and corruption

Original Language Title: Rijkswet tot goedkeuring van enkele verdragen inzake de bestrijding van fraude en corruptie

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Rijkswet of 13 December 2000 approving the Agreement established in Brussels on 26 July 1995, drawn up on the basis of Article K. 3 of the Treaty on European Union, on the protection of the financial interests of the Member States of the European Communities European Communities (Trb. 1995, 289); from the Protocol established in Dublin on 27 September 1996, drawn up on the basis of Article K. 3 of the Treaty on European Union, to the Convention on the protection of the financial interests of the European Union Communities (Trb. Of the Protocol drawn up in Brussels on 29 November 1996, drawn up on the basis of Article K. 3 of the Treaty on European Union, on the interpretation for a preliminary ruling, drawn up by the Court of Justice of the European Communities, Communities, of the Convention on the Protection of the Financial Interests of the European Communities (Trb. 1997, 40); and of the Convention on combating bribery of foreign officials in international business operations (Trb, adopted in Paris on 17 December 1997). 1998, 54) (Adoption of certain conventions on combating fraud and corruption)

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 into consideration that the Agreement established in Brussels on 26 July 1995, drawn up on the basis of Article K. 3 of the Treaty on European Union, on the protection of the financial interests of the European Union, as regards the Communities, the Protocol established in Dublin on 27 September 1996, drawn up on the basis of Article K. 3 of the Treaty on European Union, to the Convention on the protection of the financial interests of the European Union Community and the Protocol drawn up in Brussels on 29 November 1996, drawn up on the basis of Article K. 3 of the Treaty on European Union, on the interpretation for a preliminary ruling, by the Court of Justice of the European Communities, of the Convention on the protection of the financial interests of the European Communities The Convention on the combating of bribery of foreign officials in international business operations, adopted in Paris on 17 December 1997, Article 91, first paragraph, of the Constitution have the approval of the States-General, before the Kingdom can be bound by it;

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:


Article 1

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The Agreement, drawn up on 26 July 1995 in Brussels, drawn up on the basis of Article K. 3 of the Treaty on European Union, on the protection of the European Communities ' financial interests, of which the Dutch text was placed in Tractatenblad 1995, 289, which is approved for the Netherlands.


Article 2

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The Protocol established in Dublin on 27 September 1996, drawn up on the basis of Article K. 3 of the Treaty on European Union, to the Convention on the protection of the European Communities ' financial interests, of which the the Dutch text has been placed in Tractatenblad 1996, 330, is approved for the Netherlands.


Article 3

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The Protocol drawn up in Brussels on 29 November 1996, drawn up on the basis of Article K. 3 of the Treaty on European Union, on the interpretation for a preliminary ruling, by the Court of Justice of the European Communities, of the Agreement on the protection of the financial interests of the European Communities, the Dutch text of which is published in Tractatenblad 1997, 40, is hereby approved for the Netherlands.


Article 4

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The Treaty on combating bribery of foreign officials in international business transactions, adopted in Paris on 17 December 1997, the text of which was published in Tractatenblad 1998, 54, and the translation into Dutch in Tractatenblad 1998, 219, is approved for the whole of the Kingdom.


Article 5

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It is approved that in the case of binding of the Kingdom to the Article 2 The following proviso shall be made for the Netherlands Convention:

With regard to the First paragraph of Article 6 may be exercised by the Netherlands in the following cases:

  • Part a:

    in relation to the offence committed in whole or in part on Dutch territory;

  • Part b:

    • -in order to ensure compliance with Article 2 criminal offence, in respect of Dutch officials and, in addition, to Dutch officials who are not a Dutch official to the extent that the law of the country where the offence is committed has been penalised,

    • -for the purpose of the corresponding provisions of the Articles 3 and 4 criminal offences in respect of both Dutch and Dutch officials, to the extent that the law of the country where the offence is committed has been penalised by the law;

  • Part c:

    in the case of the Dutch, in so far as the law of the country in which the offence was committed has been punishable by the law;

  • Part d:

    for persons in the public service of an institution of the European Communities established in the Netherlands or of an institution established in the Netherlands pursuant to the Treaties establishing the European Communities for as far as the criminal offence is punishable by the law of the country in which it is committed.


Article 6

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If a question related to the interpretation of the Articles 1 and 2 The Court of Justice of the European Union shall, in a case referred to in Article 22 (2), refer to a case before a court of jurisdiction or an administrative court whose decisions are not open to appeal, and that it is necessary for a decision to be taken on the matter The Court of Justice of the European Communities is to be held before the Court of Justice of the European Communities.


Article 7

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This Law of Law shall enter into force from the day following the date of the Staatsblad in which it is placed.

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 in Gravenhage, 13 December 2000

Beatrix

The Minister of Justice,

A. H. Korthals

The Minister for Foreign Affairs,

J. J. van Aartsen

The Minister for Economic Affairs,

A. Jorritsma-Lebbink

Published on the 28th of December 2000

The Minister of Justice,

A. H. Korthals