Unofficial Translation SNO | A° 2014 N° 55 (G.T.) 3de juni 2014, no. 14/1188 | Geconsolideerde tekst van de Sanctielandsverordening

A° 2014 N° 55 (G.T.)
PUBLICATION BULLETIN


National Decree of June 3, 2014, No. 14/1188,
Establishing the consolidated text of the Sanctions National Ordinance.

The Governor of Curaçao,
On the proposal of the Minister of Justice;
In consideration of:
the General Transition Regulation on Legislation and Governance of the Country of Curaçao;
Has approved the following:

Article 1

The consolidated text of the Sanctions National Ordinance is established in accordance with the text included in the annex to this national decree.

Article 2

This national decree with the annex will be published in the Publication Bulletin.
Willemstad, June 3, 2014
L.A. GEORGE-WOUT
The Minister of Justice,
N.G. NAVARRO

Issued on June 27, 2014
The Minister of General Affairs,
I.O.O. ASJES


Annex belonging to the National Decree of June 3, 2014, no. 14/1188, establishing the consolidated text of the Sanctions National Ordinance.

Consolidated text of the Sanctions National Ordinance, as it stands after:

  • Amendments made by the Netherlands Antilles through:

    • Implementation National Ordinance Code of Criminal Procedure (P.B. 1997, no. 237);
    • Implementation National Ordinance Administrative Jurisdiction (P.B. 2001, no. 80); and

  • Aligned with the provisions in the General Transition Regulation on Legislation and Governance of the Country of Curaçao (A.B. 2010, no. 87, annex a); and

  • Amendments made by Curaçao through:

    • Implementation National Ordinance Criminal Code (P.B. 2011, no. 49).

Section 1. Definitions

Article 1
For the application of this National Ordinance and the provisions based on it, the following definitions apply:

a. Sanction National Decree: a national decree containing general measures, as referred to in Article 2;
b. Sanction Regulation: a ministerial regulation as referred to in Article 7;
c. Minister: the Prime Minister, Minister of General Affairs;
d. Ministers: the Prime Minister, Minister of General Affairs, and the minister directly involved in the matter.

Section 2. Sanction Measures

Article 2
In compliance with decisions or recommendations of bodies of international organizations, or based on international agreements related to maintaining or restoring international peace and security or promoting international law, and to which the Kingdom of the Netherlands is committed, rules described in Articles 3 and 4 may be established by national decree on the proposal of the Minister or Ministers.

Article 3

  1. The rules referred to in Article 2 may pertain to the movement of goods, services, and payments; maritime, air, and road traffic; postal services; and telecommunications, all related to states or areas designated in the sanction national decree.
  2. The movement mentioned in the first paragraph also includes any action that is evidently aimed at facilitating such movement.
  3. The rules may also contain provisions regarding the usual documents for the goods, services, payments, maritime, air, road traffic, postal services, and telecommunications.
  4. This National Ordinance does not affect powers granted under the National Ordinance on Import and Export (P.B. 1968, no. 42) and the National Ordinance on Foreign Exchange Transactions (P.B. 1981, no. 67).

Article 4

The rules referred to in Article 2 may also pertain to the admission and stay of foreigners in the sense that a sanction national decree may determine that:

  1. In deviation from Articles 6, 7, and 8 of the National Ordinance on Admission and Expulsion (P.B. 1966, no. 17): a. The entry and stay of foreigners who are nationals of a state designated by a sanction national decree,
    b. Foreigners established in a region outside Curaçao designated by a sanction national decree, or
    c. Foreigners in possession of cross-border travel documents issued by authorities designated by a sanction national decree,
    may be refused.

  2. The minister or ministers may revoke residence or establishment permits of foreigners who belong to one of the categories mentioned under 1. In such a case, the revocation of a residence or establishment permit is considered as a revocation as referred to in Article 14 of the National Ordinance on Admission and Expulsion.

Article 5

  1. Before making a proposal to establish or amend a sanction national decree as described in Article 3, the minister or ministers shall inform the Social Economic Council or, in their opinion, relevant stakeholders significantly affected by the decision and give them the opportunity to express their opinion.
  2. Paragraph 1 does not apply if the minister or ministers consider that the general interest opposes its application.

Article 6

  1. A sanction national decree, as well as a decree to amend or revoke it, does not enter into force earlier than two months after the date of publication in the Publication Bulletin.
  2. Regarding a sanction national decree that is not enacted in response to a decision of an international organization to which member states are legally bound, or regarding a decree to revoke or amend it, the States or at least one-fifth of the statutory number of members of the States may express within one month from the date of publication that they wish the relevant decree to be confirmed by national ordinance. If such a wish is expressed, the draft of a corresponding national ordinance is submitted as soon as possible.
  3. If the draft national ordinance referred to in paragraph 2 is not approved by the States, the relevant sanction national decree shall be immediately revoked.
  4. A sanction national decree expires, unless previously revoked, three years after its entry into force, unless otherwise determined by national ordinance.

Article 7

  1. The minister or ministers may, when they consider proposing the establishment, amendment, or revocation of a sanction national decree, and if they deem that an urgent reason requires immediate action, establish rules with general application through a ministerial regulation in line with the contemplated sanction national decree. They may also suspend rules included in an existing sanction national decree.
  2. A ministerial regulation as referred to in paragraph 1 does not enter into force until it has been published in the Publication Bulletin.
  3. A ministerial regulation remains in effect until a sanction national decree on the same subject, established under Article 2, enters into force, but no longer than ten months after the regulation came into effect.

Article 8

  1. The ministerial regulation referred to in Article 7 must be published in the Publication Bulletin before it becomes effective.
  2. The ministerial regulation remains in force until a sanction national decree regarding the same subject is issued, or for a maximum period of ten months after its entry into force.

Section 3: Exemptions and Waivers

Article 9

  1. The minister or ministers may, wholly or partially, grant exemptions from or waivers for the rules described in Article 3 upon request.
  2. An exemption may be modified or revoked, and a waiver may be refused, modified, or revoked.
  3. A decision to grant an exemption, as well as a decision to amend or revoke it, must be published in the Publication Bulletin.
  4. An exemption or waiver may be granted under restrictions. Conditions may be attached to the exemption or waiver.
  5. The minister or ministers may revoke a waiver if the information provided to obtain it is found to be incorrect or incomplete to such an extent that a different decision would have been made had the correct circumstances been known. The revocation must be communicated in writing, stating the reasons.
  6. The minister or ministers may revoke multiple waivers simultaneously if they deem that a significant reason necessitates it. A decision made under this paragraph must be published in the Publication Bulletin.

Article 10

(This article has been repealed)

Section 4: Supervision and Investigation

Article 11

  1. The supervision of compliance with the provisions of or based on this national ordinance is assigned to officials or individuals designated by national decree. Such a designation must be published in De Curaçaosche Courant.
  2. The individuals designated under paragraph 1 are authorized, to the extent reasonably necessary for the performance of their duties, to: a. Request all necessary information;
    b. Demand access to all books, documents, and other data carriers, make copies of them, or take them temporarily for that purpose;
    c. Subject goods to inspection and investigation, take them temporarily for that purpose, and take samples;
    d. Enter any premises, except homes, without the express consent of the resident, accompanied by individuals designated by them;
    e. Examine vessels, stationary vehicles, and their cargo.
  3. Access to the premises as referred to in paragraph 2, section d, may be granted with the assistance of law enforcement if necessary.
  4. The entry into homes or parts of vessels designated as residences, as referred to in paragraph 2, section f, is subject to Title X of the Third Book of the Criminal Procedure Code, with the exception of Articles 155 (paragraph 4), 156 (paragraph 2), 157 (paragraphs 2 and 3), 158 (paragraph 1, last sentence), and 160 (paragraph 1). The authorization is granted by the Attorney General.
  5. Rules concerning the exercise of the duties of the individuals designated in paragraph 1 may be established by national decree containing general measures.

Article 12

  1. In addition to the persons referred to in Article 184 of the Code of Criminal Procedure, officials or persons designated by national decree are responsible for investigating offenses punishable under this national ordinance. Such a designation must be published in De Curaçaosche Courant.
  2. By national decree, general measures may be established regarding the requirements to which the officials or persons designated under paragraph 1 must comply.

Article 13

  1. Everyone is required to fully cooperate with supervisors and investigating officials, providing any assistance they reasonably request in exercising their powers.
  2. Those bound by an obligation of confidentiality by virtue of their office, profession, or legal provision may refuse to provide assistance, to the extent that their confidentiality obligation extends to such information.

Article 14

Any person involved in the implementation of this national ordinance who comes into possession of confidential information, and who knows or reasonably should know the confidential nature of such information, is required to maintain confidentiality. This does not apply if a legal provision requires disclosure or if the necessity of disclosure arises from the tasks of the person in the execution of this national ordinance.

Section 5: Penal Provisions

Article 15

  1. Any intentional act in violation of the provisions established by Articles 2 or 7, or Article 14, will be punishable by imprisonment of up to one year, a fine of up to ten thousand guilders, or both.
  2. Any unintentional act in violation of the provisions established by Articles 2 or 7, or Article 14, will be punishable by detention of up to four months, a fine of up to three thousand guilders, or both.
  3. The offenses penalized in paragraph 1 are considered crimes, while those penalized in paragraph 2 are considered misdemeanors.

Section 6: Transitional and Final Provisions

Article 16
The criminal law of Curaçao applies to residents and legal entities established under the laws of Curaçao who commit offenses punishable under this national ordinance outside of Curaçao.

Article 17

This article contains the repeal of the Export Prohibition Ordinance 1944 (P.B. 1944, no. 117).

Article 18

This article includes amendments to the National Ordinance on Import and Export (P.B. 1968, no. 42).

Article 19

This article includes amendments to the National Ordinance on Foreign Exchange Transactions (P.B. 1981, no. 67).

Article 20

This national ordinance shall enter into force at a time to be determined by national decree.

Article 21

This national ordinance may be cited as the Sanctions National Ordinance.

Note: This unofficial translation is based on the translated "A° 2014 N° 55 (G.T.) 3de juni 2014, no. 14/1188 | Geconsolideerde tekst van de Sanctielandsverordening" In case of discrepancies, the original Dutch version takes precedence.


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