A 2010 N 93 NATIONAL GAZETTE

Transcription

1 A 2010 N 93 NATIONAL GAZETTE NATIONAL DECREE, LAYING DOWN GENERAL PROVISIONS, of September 28, 2010 for the enforcement of articles 2, 3 and 4 of the Sanctions National Ordinance 1, to the effect of implementing Resolutions 1267 (October 15, 1999), 1333 (December 19, 2000), 1363 (July 30, 2001), 1368 (September 12, 2001), 1373 (September 28, 2001), 1390 (January 16, 2002) and 1526 (January 30, 2004) of the Security Council of the United Nations (Sanctions National Decree Al-Qaida c.s., the Taliban of Afghanistan c.s., Osama bin Laden c.s. and terrorists to be designated locally) BY THE QUEEN THE ACTING GOVERNOR of the Netherlands Antilles, Having considered: that it is desirable, in the interest of the international system of law and related international arrangements contained in Resolutions 1267 (October 15, 1999), 1333 (December 19, 2000), 1363 (July 30, 2001), 1368 (September 12, 2001), 1373 (September 28, 2001), 1390 (January 16, 2002) and 1526 (January 30, 2004) of the Security Council of the United Nations, and for the implementation of articles 2, 3 and 4 of the Sanctions National Ordinance, to establish regulations with regard to financial dealings with Al-Qaida c.s., the Taliban of Afghanistan c.s., Osama bin Laden c.s. and also terrorists to be designated locally; Having heard the Advisory Council, has resolved: Article 1 1. It will be prohibited for all persons to perform, either directly or indirectly, any act of management or disposition with regard to funds or assets, whether or not originating from or generated from funds or assets held in the custody of natural persons, credit institutions or other enterprises or institutions established in the Netherlands Antilles, and belonging, directly or indirectly, in full or in part, to, or are at the disposal of, or are managed, directly or indirectly, by Al-Qaida, the Taliban of Afghanistan, Osama bin Laden and also representative of the aforementioned entities, and also natural persons, enterprises or institutions 1 National Gazette 1997, No. 336

2 2 designated by the Al-Qaida and Taliban Sanctions Committee of the United Nations. 2. It will be prohibited for all persons to perform, either directly or indirectly, any act of management or disposition with regard to funds or assets, whether or not originating from or generated from funds or assets held in the custody of natural persons, credit institutions or other enterprises or institutions established in the Netherlands Antilles, and belonging, directly or indirectly, in full or in part, to, or are at the disposal of, or are managed, directly or indirectly, by terrorists, whether or not to be designated locally, or entities financing terrorism, or terrorist organizations, whether or not to be designated locally, and also representatives of the aforementioned entities, as designated by the Ministers of Finance and of Justice. Article 2 1. It will be prohibited for all persons to make payments, directly or indirectly, in any manner whatsoever, to Al-Qaida, the Taliban of Afghanistan, Osama bin Laden, and also natural persons, enterprises or institutions designated by the Al- Qaida and Taliban Sanctions Committee of the United Nations, wherever they may be established, who, directly or indirectly, belong to or are managed by the aforementioned entities, and also their representatives. 2. It will be prohibited for all persons to make payments, directly or indirectly, in any manner whatsoever, to terrorists, whether or not to be designated locally, or to entities financing terrorism, or terrorist organizations, whether or not to be designated locally, and also to representatives of the aforementioned entities, as designated by the Ministers of Finance and of Justice. Article 3 1. It will be prohibited for all persons to make, directly or indirectly, capital or any other financial means available to Al-Qaida, the Taliban of Afghanistan, Osama bin Laden, and also natural persons, enterprises or institutions designated by the Al-Qaida and Taliban Sanctions Committee of the United Nations, wherever they may be established, who, directly or indirectly, belong to or are managed by the aforementioned entities and also their representatives. 2. It will be prohibited for all persons to make, directly or indirectly, capital or any other financial means, available to terrorists, whether or not to be designated locally, or to entities who finance terrorism, or to terrorist organizations, whether or not to be designated locally, and also to representatives of the aforementioned entities, as designated by the Ministers of Finance and of Justice. Article 4 1. It will be prohibited for natural persons, mentioned in section 1 of Resolution 1526 of January 30, 2004 of the Security Council of the United Nations, and also

3 3 their family members, to enter the Netherlands Antilles or to travel through the Netherlands Antilles. 2. Natural persons as contemplated in the first paragraph will not be understood to include residents of the Netherlands Antilles, nor any other natural persons to whom the National Ordinance on Admission and Expulsion is not applicable. Article 5 It will be prohibited for all persons to contribute in any manner, either directly or indirectly, to acts that are prohibited in virtue of articles 1 to 4 inclusive. Article 6 1. The Minister of Finance, having heard the Central Bank of the Netherlands Antilles, may grant release from the prohibitions included in articles 1 to 3 inclusive and 5, upon a request to such effect being submitted to him in writing. 2. The release referred to in the first paragraph will not be granted with regard to the prohibition referred to in article 4. Article 7 The present national decree will take effect as from the first day of the second calendar month after the date of issue of the National Gazette in which it has been inserted. Article 8 The present national decree will be cited as: Sanctions National Decree Al-Qaida c.s., Taliban of Afghanistan c.s., Osama bin Laden c.s. and terrorists to be designated locally. The Prime Minister, Minister of General Affairs and Foreign Relations, E.S. DE JONGH-ELHAGE The Minister of Finance, E.T.M. DE LANNOOY Given in Curaçao, September 28, 2010 A.P. VAN DER PLUIJM-VREDE Issued on The Minister of General Affairs and Foreign Relations, E.S. DE JONGH-ELHAGE

4 4 93 Explanatory Statement belonging to the National Decree laying down general provisions, of September 28, 2010 for the enforcement of articles 2, 3 and 4 of the Sanctions National Ordinance 2, to the effect of implementing Resolutions 1267 (October 15, 1999), 1333 (December 19, 2000), 1363 (July 30, 2001), 1368 (September 12, 2001), 1373 (September 28, 2001), 1390 (January 16, 2002) and 1526 (January 30, 2004) of the Security Council of the United Nations (Sanctions National Decree Al-Qaida c.s., the Taliban of Afghanistan c.s., Osama bin Laden c.s. and terrorists to be designated locally) Introduction For the purpose of combating international terrorism, the Security Council of the United Nations has adopted some resolutions. The object of the present national decree, laying down general provisions will be to implement the resolutions included in Resolution 1267 of October 15, 1999, Resolution 1333 of December 19, 2000, Resolution 1363 of July 30, 2001, Resolution 1368 of September 12, 2001, Resolution 1373 of September 28, 2001, Resolution 1390 of January 16, 2002, and Resolution 1526 of January 30, 2004 of Security Council of the United Nations, related with financial transactions with Al-Qaida c.s., the Taliban of Afghanistan c.s., respectively Osama bin Laden c.s. and terrorists, whether or not to be designated locally. The abovementioned resolutions impose on the countries an obligation to have effective laws and regulations in place to freeze (financial) balances and other assets of persons, enterprises or institutions designated by the Al-Qiada and Taliban Sanctions Committee of the United Nations, established in accordance with Resolutions 1267 of October 15, 1999, 1333 of December 19, 2000 and 1390 of January 16, 2002 of the United Nations (the UN freezing list ). Also balances and assets of terrorists, whether or not to be designated locally, of entities who finance terrorism or terrorist organizations, whether or not to be designated locally, as designated by the Ministers of Finance and of Justice, should be frozen. The freezing list can be consulted on website of the United Nations: The National Decree on the freezing of balances of Taliban of Afghanistan c.s. and Usama Bin Laden c.s. 3 and the National Decree, laying down general provisions, of May 9, 2003 to the effect of amending the National Decree on the freezing of balances of 2 National Gazette 1997, No National Gazette 2002, No. 27

5 5 Taliban of Afghanistan c.s. and Usama Bin Laden c.s. 4 have been enacted on the ground of article 4 of the National Ordinance on Foreign Exchange Transactions 5. However, it only enables regulations to be laid down for financial transactions with regard to countries or goods to be designated, and not with regard to persons, enterprises or institutions. By means of articles 2 to 4 inclusive of the Sanctions National Ordinance as a legal basis for the present national decree it is also made possible to draw up regulations for financial transactions with regard to persons, enterprises or institutions to be designated. In article 2 of the Sanctions National Ordinance regulations are laid down for the delegation of regulatory powers with regard to maintenance or restoration of international peace and security or promotion of the international system of law to the government. In articles 3 and 4 of the Sanctions National Ordinance it is specified, by mentioning the subjects to be regulated, in what cases the government may make use of the powers referred to. In article 9 of the Sanctions National Ordinance, the authority of the minister or the ministers to grant exemption, in full or in part, or, upon a request to such effect, release from the requirements laid down in the rules, described in article 3, is provided for. On such ground it is laid down in the present national decree that the Minister of Finance may grant release from the prohibitions laid down in articles 1 to 3 inclusive and 5. The prohibitions laid down in these articles are related with the subjects included in article 3 of the Sanctions National Ordinance. Article 4 provides for, among other things, implementation of article 4 of the Sanctions National Ordinance in regard of which the Minister of Finance has no authority to grant release. Financial section It is not foreseen that the prohibition clauses contained in this Sanctions National Decree will form any burden on the national budget. Advisory Council The recommendations of the Advisory Council (Advisory Council, No. R.A./02-09-LB, dated December 8, 2009 and Rva, No. RA/26 a -10-LB, dated July 21, 2010) have been acted upon in full and included in the present national decree and in the explanatory statement. Explanation article by article Articles 1, 2 and 3 Reference is made to, among other things, section 4, item b, of Resolution 1267 (October 15, 1999), section 8, item c, of Resolution 1333 (December 19, 2000), section 1 of Resolution 1363 (July 30, 2001), section 5 of Resolution 1368 (September 12, 2001) and section 1, items c and d, Resolution 1373 (September 28, 2001) and section 2, item a, of Resolution 1390 (January 16, 2002) of the Security Council of the United Nations. In this 4 National Gazette 2002, No National Gazette 1981, No. 67

6 6 connection it is also explained, among other things, what should be understood by terrorists, terrorist financing and terrorist organizations, whether or not to be designated locally. Article 4 Section 1 of Resolution 1526 of January 30, 2004 imposes an obligation on countries to prohibit persons affiliated with Al-Qaida, the Taliban of Afghanistan, or Osama bin Laden to travel in or through their countries. By means of this article such obligation is carried into execution. In such connection it does not form any exception for residents of the Netherlands Antilles itself, nor for other natural persons to whom the National Ordinance on Admission and Expulsion is not applicable. The Prime Minister, Minister of General Affairs and Foreign Relations, E.S. DE JONGH-ELHAGE The Minister of Finance, E.T.M. DE LANNOOY