Working protocol for processing applications for permission to study certain academic subjects

Transcription

1 Working protocol for processing applications for permission to study certain academic subjects 1. Individuals (for example MSc students, PhD candidates, and promovendi) seeking to study or conduct research in one or more proliferation-sensitive academic disciplines within the meaning of article 1b of the North Korea Sanctions Order 2007 must apply for special permission to do so. A written application including all relevant information about the person in question (see below) must be submitted to the Minister of Education, Culture and Science (OCW). The application should be marked Aanvraag ontheffing kennisembargo and sent to the following address: Ministerie van OCW t.a.v. OCW-loket Kennisembargo IPC 1300 Postbus BJ Den Haag The Netherlands The application must include the following information: a truthfully completed questionnaire (see attachment); the applicant s full name; date of birth; place of birth; nationality (or nationalities, if applicable) address; and telephone number; educational background; intended course of study; financial information about the course of study (particularly as to whether tuition fees will be covered by a scholarship or paid out of pocket); a list of scholarly publications (if applicable). The application should also include relevant supporting documents: a copy of the applicant s passport or another identity document; AVT16/BZ117874A 1

2 proof of admission to or enrolment (or provisional enrolment) at a university, including a list of the subjects to be taken (if relevant); written permission from an employer/institution to enrol in the intended course of study or do research (if relevant); any other documents that might be relevant. Incomplete applications will not be processed. If an application is found to be incomplete, the Knowledge Embargo Desk at OCW will give the applicant an opportunity to supply the missing information. 2. Once it has received all required information from the applicant, including the completed questionnaire, OCW may decide that a follow-up investigation is warranted. To that end, it will draft a written request for a screening to the General Intelligence and Security Service (AIVD). This request, which will include all information already provided by the applicant, will be submitted to the director-general of the AIVD by OCW s Director- General for Higher and Vocational Education, Science and Equal Opportunities (DGHBWE). The Knowledge Embargo Desk will draft the letter. Both the Ministry of Foreign Affairs and the Immigration and Naturalisation Service (IND) will be notified of this request. 3. The AIVD will then conduct an investigation on the basis of the information provided about the applicant and his/her background in relation to the intended course of study/research. The results of the investigation will be submitted in writing to DGHBWE (Knowledge Embargo Desk) within four weeks. If needed, this deadline may be extended by two weeks. If such an extension should prove necessary, the AIVD will notify the Desk. 4. Parallel to the investigation by the AIVD, OCW may ask the Ministry of Foreign Affairs to conduct an interview with an aspiring student. The interview will take place at the Dutch embassy in the applicant s country of residence or at the foreign ministry in The Hague, if the applicant lives in the Netherlands. The results of the interview will be submitted to OCW. 5. Based in part on the outcome of the AIVD investigation and the interview by the foreign ministry (if relevant), the OCW Desk will ensure that a decision is made on whether to grant the requested permission. The decision will take account of individual-based AVT16/BZ117874A 2

3 factors related to the risk of proliferation pursuant to the North Korea Sanctions Order OCW will then inform the applicant about the decision in writing. The decision will include the standard clause on lodging a complaint. The letter will be drafted by the OCW Desk. A digital copy of the letter will be sent to the Ministry of Foreign Affairs, the AIVD and the IND. 7. The letter will be sent to the applicant as soon as possible after the submission of the application. In cases where no further investigation is deemed necessary, an effort will be made to post the decision to the applicant within three weeks. 8. If it is decided that an additional investigation is needed, an effort will be made to reach a decision no later than 13 weeks from the time the first questionnaire was received. 9. The applicant is entitled to lodge an objection to the decision with the Minister of Education, Culture and Science. The objection will be filed through the Education Executive Agency (DUO) in accordance with the standard procedure. The objections procedure is described on the website of the objections committee (in Dutch), The decision on whether to grant the applicant permission to pursue the intended course of study/research must be reached before the Minister of Foreign Affairs has issued a decision on the individual s short-stay visa application. In the case of applications for a long-stay visa (i.e. MVV), which covers stays exceeding three months, the competent authority is the Minister of Justice (IND). AVT16/BZ117874A 3

4 Applicant information for individuals seeking special permission under the knowledge embargo (part 1/2) Full name: Date of birth: Place of birth: Nationality*: Address: and telephone number: Educational background: Please specify your intended subjects/phd topic: Financial information about your course of study (please explain if your tuition fees will be paid through a scholarship or from your own funds): AVT16/BZ117874A 4

5 List of scholarly publications (if applicable): Please submit the following: a copy of your passport or another identity document; if relevant: proof of admission to or enrolment (or provisional enrolment) at a university, including a list of the subjects to be taken (if relevant); if relevant: written permission from an employer/institution, authorising you to follow this course of study or do research; any other documents that might be relevant to the application. If you have multiple nationalities, please list them all. AVT16/BZ117874A 5

6 Questionnaire (part 2/2) 1. Have you visited one or more of the following countries* in the past 10 years? If so, please state: time and length of visit, exact destination, purpose of visit. * India, Iran, Israel, North Korea, Pakistan, Syria and South Sudan 2. Do you have parents, children or siblings in one or more of the countries referred to in question 1? If so, please state: their name, place of residence, relationship to you. 3. Is the government of North Korea or of another the country referred to in question 1 in any way involved in your decision to study in the Netherlands? If so, please explain. 4. Are there any other facts or circumstances related to your plans to study in the Netherlands that could be relevant to assessing the risk that Iran or North Korea might obtain the knowledge you will acquire during your studies? If so, please explain. If you have answered no to all of the above questions, you do not need to answer any more questions and can sign the statement. If you answered yes to any of the above questions, you must answer all the questions below as well. 5. Have you ever been approached by anyone either known or unknown to you who took an unusual interest in and asked questions about your work, studies or academic plans, during your stay in one of the countries referred to in question 1 or anywhere else? 6. For people who were not living in the Netherlands prior to embarking on the present course of study: how did you learn about the opportunity to study in the Netherlands? 7. Have you ever had any contact with individuals involved in the nuclear programme or delivery systems of North Korea or one of the other countries referred to in question 1? 8. If you answered yes to question 8, please explain this contact in greater detail. Who approached you? How often? What was discussed? AVT16/BZ117874A 6

7 STATEMENT I affirm that I am familiar with the UN Security Council resolutions that seek to prevent the proliferation of nuclear, chemical, biological and other weapons of mass destruction and delivery systems. I affirm that I have completed the questionnaire truthfully. I am aware that if it should later emerge that the information I have provided is incorrect, permission may be revoked. Name Date Signature AVT16/BZ117874A 7