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Directive on the adoption of certain conventions on the fight against fraud and corruption II

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

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Rijkswet of 22 June 2001 approving the Agreement established in Brussels on 26 May 1997, drawn up on the basis of Article K. 3 (2) (c) of the Treaty on European Union, to combat corruption involving officials of the European Communities or those of the Member States of the European Union are involved (Trb. 1997, point 249), of the Second Protocol established in Brussels on 19 June 1997, 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. 1997, point 251) of the Treaty on the combating of corruption, adopted in Strasbourg on 27 January 1999 (Trb. (ii) 2000, 130) and the Statute for the Group of States against Corruption, adopted in Strasbourg on 5 May 1998 (Trb. -2000, 131) (Adoption of certain conventions on combating fraud and corruption II)

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 considered that the Agreement established in Brussels on 26 May 1997, drawn up on the basis of Article K. 3 (2) (c) of the Treaty on European Union, aimed at combating corruption in which officials of the The European Communities or the Member States of the European Union are involved, the Second Protocol established in Brussels on 19 June 1997, drawn up on the basis of Article K. 3 of the Treaty on European Union, in respect of the Convention on the European Union and on the other the protection of the financial interests of the European Communities and the protection of the financial interests of the European Communities January 1999-Strasbourg Convention on the combating of corruption and the Statute on the Group of States against Corruption, adopted in Strasbourg on 5 May 1998, adopted in Strasbourg on 5 May. 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 established in Brussels on 26 May 1997, drawn up on the basis of Article K. 3 (2) (c) of the Treaty on European Union, to combat corruption in which officials of the European Communities or of the European Communities are Member States of the European Union, the Dutch text of which has been published in Tractatenblad 1997, 249, is hereby approved for the Netherlands.


Article 2

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The Second Protocol, drawn up in Brussels on 19 June 1997, 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 Dutch text is posted in Tractatenblad 1997, 251, is approved for the Netherlands.


Article 3

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The Treaty on the Criminal Combating of Corruption, adopted in Strasbourg on 27 January 1999, the Dutch text of which was published in Tractatenblad 2000, 130, is hereby approved for the whole of the Kingdom.


Article 4

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The Statute for the Group of States against Corruption, adopted in Strasbourg on 5 May 1998, of which the Dutch text was published in Tractatenblad 2000, 131, is hereby approved for the whole Kingdom.


Article 5

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It is approved that the Kingdom of the Kingdom is bound by the Article 1 The following proviso shall be made for the Netherlands Convention:

With regard to the First paragraph of Article 7 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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It is approved that the Kingdom of the Kingdom is bound by the Article 3 The Convention for the Netherlands is to be made subject to the following reservations

  • 1 °. With regard to the first paragraph of Article 17, jurisdiction 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 respect of the corresponding Article 2 and in relation to the connection with Article 2 according to the Articles 4 to: 6 and 9 to: 11 criminal offences, in respect of both Dutch and Dutch officials, to the extent that the law of the country in which the offence is committed has been punished accordingly,

      • -in respect of the corresponding Article 3 and in relation to the connection with Article 3 according to the Articles 4 to: 6 and 9 to: 11 criminal offences, with regard to Dutch officials and, in addition, to the Dutch who are not a Dutch official in so far as is punishable by the law of the country where the offence is committed,

      • -for the purpose of the corresponding provisions of the Articles 7 , 8 13 and 14 offences punishable by criminal offences against the Dutch in so far as they are punishable by the law of the country where the offence is committed;

    • 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;

  • 2 °. No implementation shall be given to the obligation laid down in Article 12.


Article 7

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If a question related to the interpretation of Articles 1 to 4 and 12 to 16 of the Regulation, is to be interpreted as Article 1 the Court of Justice of the European Union referred to the Convention in a case before a court of jurisdiction of jurisdiction or of an administrative court whose decisions are not open to appeal and that authority is a decision on that point; The Court of Justice of the European Communities may, in so far as it considers it necessary, apply to the Court of Justice of the European Communities, in so far as that case requires members or officials of the Community institutions or of the Treaties to be addressed by the establishment of the European Communities ' bodies concerned in the exercise of their features.


Article 8

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If a question related to the interpretation of the Article 2 the Court of Justice of the European Union referred to the Convention in a case before a court of jurisdiction of jurisdiction or of an administrative court whose decisions are not open to appeal, and that authority is a decision on that point. if it considers that it is necessary for its ruling, that body shall be held before the Court of Justice of the European Communities.


Article 9

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Article 10

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Article 11

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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.

Issued at The Hague, 22 June 2001

Beatrix

The Minister of Justice,

A. H. Korthals

The Minister for Foreign Affairs,

J. J. van Aartsen

Issued on the tenth of July 2001

The Minister of Justice,

A. H. Korthals