Protocol on Strengthening the border control in the Caribbean countries of the Dutch Kingdom
The undersigned: The State of the Netherlands, represented in this matter by the State Secretary of Home Affairs and Kingdom Relations, drs. R.W. Knops.
The country of Aruba, represented in this matter by the Minister of Justice, Security and Integration, Mr. A.C.G, Bikker and the Minister of Finance, Economic Affairs and Culture
mr. X.J. Maduro,
The country of Curaçao, represented in this matter by the Minister of Justice, Q. Girigorie and
the Minister of Finance, K. Gijsbertha,
The country of Sint Maarten, represented in this matter by the Minister of Justice, A.
Richardson,
Hereinafter referred to as “the Parties”
Whereas:
that the Parties within the Kingdom have been cooperating for some time within the framework of
border control for which various agreements have been made:
January 10, 2005 Protocol Common Border Control Teams between the Netherlands and
the Netherlands Antilles for a period of 2 years;
February 25, 2008 Kingdom Act of February 25, 2008, regulating the tasks and
powers, as well as the management and policy of the Coast Guard
the Netherlands Antilles and Aruba (Coast Guard Act for the
Netherlands Antilles and Aruba);
19 January 2012 Protocol on the deployment of personnel from the flexible deployment pool
Royal Netherlands Marechaussee between the Netherlands, Curaçao and Sint Maarten
for the period from January 1, 2011 to June 30, 2015;
14 June 2014 Protocol on the deployment of personnel from the flexible deployment pool
Royal Netherlands Marechaussee between the Netherlands, Aruba, Curaçao and Sint
Maarten for a period from July 31, 2015 to December 31, 2019;
23 November 2017 Mutual arrangement of Sint Maarten and the Netherlands as referred to in
Article 38, first paragraph, of the Statute of the Kingdom of the Netherlands
to strengthen the border control of Sint Maarten
between the Netherlands and Sint Maarten for a period of 1 January 2018
until January 1, 2020;
23 January 2019 Protocol on the deployment of personnel from the flexibly deployable pool
Royal Netherlands Marechaussee between the Netherlands, Aruba, Curaçao and Sint
Maarten for an indefinite period;
November 2, 2020 Mutual arrangement Curaçao Land Package between Curaçao and
The Netherlands as referred to in Article 38, first paragraph, of the statute of
Kingdom of the Netherlands to be implemented
to the measures described in the country package
including condition H.11 Strengthening border control;
13 November 2020 Mutual arrangement Landspakket Aruba between Aruba and the Netherlands as
referred to in Article 38, first paragraph, of the statute of the Kingdom of the Netherlands
Netherlands with which to implement the measures described in the national package, including
condition H.11 Strengthening border control;
11 December 2020 Extension of the mutual arrangement of Sint Maarten and the Netherlands as
referred to in Article 38, first paragraph, of the Statute of the Kingdom of the Netherlands
Netherlands to strengthen the border control of Sint Maarten
concluded between the Netherlands and Sint Maarten for the period of 1
January 2021 to July 1, 2021;
22 December 2020 Mutual arrangement for the Sint Maarten National Package between Sint Maarten and
The Netherlands as referred to in Article 38, first paragraph, of the statute of
Kingdom of the Netherlands to be implemented
to the measures described in the country package
including condition H.11 Strengthening border control.
that the Parties are affiliated with the Judicial Four-Party Consultation (JVO) working group
baselines (grip on borders) with the aim of jointly strengthening border control;
that the social situation in Venezuela – the largest neighbor of Aruba and
Curaçao – is becoming increasingly precarious, putting greater pressure on border control
to stand;
that the Caribbean countries of the Kingdom are conveniently located for
transnationally organized crime, which has disruptive consequences
can bring;
that further, structural cooperation between the Parties is required to achieve the
combat transnationally organized crime;
that the Parties wish to express this further, structural cooperation in the
adoption of a protocol detailing the operational framework of this further
cooperation, which in any case includes commitment and capacity, are included and
worked out;
that the services involved in this cooperation from Aruba KPA, Dimas, Gaurda nos
Costa, IASA and Customs Aruba, from Curaçao, KPC, Immigration Service and Customs Curaçao,
from Sint Maarten KPSM, Customs Sint Maarten and IBP, from the Netherlands the Koninklijke
Marechaussee and Customs Netherlands and from the Kingdom of the Netherlands the Caribbean Coast Guard
Concern area;
having regard to Article 38, paragraph 1, of the Charter for the Kingdom of the Netherlands;
agree to the following:
Chapter 1. General provisions
Article 1
In this protocol:
the countries: Aruba, Curaçao, Sint Maarten and the Netherlands
b. the Caribbean countries of the Kingdom: Aruba, Curaçao and Sint Maarten
c. KW / Coast Guard: Caribbean Coast Guard
d. KMar: Royal Netherlands Marechaussee
e. Flex pool KMar: personnel deployment from the flexibly deployable pool Royal Netherlands Marechaussee
f. Plan of action; plan of action as mentioned under Article 13 paragraph 1
g. Transnationally organized crime: organized crime that is coordinated
is established across national borders, involving individuals or groups in more than one country
engage in illegal activities.
h. Twinning: Collaboration based on a horizontal, non-hierarchical relationship, in which
elements such as equality, reciprocity and mutual knowledge transfer are central
stand.
i. Legal positional responsibility: party that is responsible for the payment of
salaries, allowances, premiums and the like as well as the costs associated with the
transfer from the normal residence of the deployed personnel j. Working group: the working group as referred to in Article 16.
k. Progress committee: the progress committee as referred to in Article 15.
