Chapter 2. Purpose Article 2
1. The purpose of this Protocol is to take measures in the field of border control in order to update
contribute to countering cross-border / transnationally organized
(undermining) crime in the Kingdom by investing in the Caribbean countries
of the Kingdom and improving mutual cooperation between the services.
2. The measures referred to in paragraph 1 shall in any case include operational ones
supporting personnel deployment of the Royal Netherlands Marechaussee and Dutch Customs
in the Caribbean countries of the Kingdom, under the competent authority of the country where the
activities are performed and under the direction of the head of the person concerned
operational service of the country. The Coast Guard also carries the Caribbean from the
independent tasks to the measures referred to in paragraph 1.
Chapter 3. Collaboration and responsibilities
Article 3
The Caribbean countries of the Kingdom remain responsible for the policy and the
implementation of border control.
Article 4
The operational personnel deployment of the Royal Netherlands Marechaussee and Dutch Customs,
as well as the way in which employees deal with information, takes place in accordance with the
applicable legal provisions, regulations and regulations of the relevant Caribbean country.
Article 5
Managing the operational personnel deployment of KMar and Dutch Customs
takes place in mutual consultation between the relevant operational service of the country and the
KMar and Customs Netherlands. In the action plan article 13 paragraph 1 the objective and
the manner in which the operational deployment of KMar and Customs is managed in the Netherlands
agreed upon in consultation with the countries. The management, policy and authority of the
The Caribbean Coast Guard takes place in accordance with the Coast Guard Act.
Article 6
1. Responsibility for legal status for the Royal Netherlands Marechaussee rests with the
Commander of the Royal Netherlands Marechaussee.
2. Responsibility for legal status for Dutch Customs rests with the Director
General Customs Netherlands.
3. Responsibility for the legal status of the Coast Guard for the Kingdom of the Netherlands
The Netherlands in the Caribbean – in accordance with the Coast Guard Act – rests with the ministers
of the Netherlands, Aruba, Curaçao and Sint Maarten who perform the duties of the Coast Guard
involved. The director of the Coast Guard is in charge of the overall management of the
Coast Guard. This position is fulfilled by the Commander of the Navy in the Caribbean
area.
Article 7
1. The countries wish to cooperate intensively in the field of the
combating transnationally organized and undermining cross-border
crime and the improvement of border control at airports and maritime
boundaries.
2. This collaboration specifically includes:
– Countering smuggling, at least in the field of narcotics,
weapons and illicit money flows;
– Strengthening the information position and information exchange with which to be more focused
supervision can be exercised;
– Broadening the range of surveillance interventions; Strengthening the operations of the customs services;
– Strengthening the execution of the police task at the airport and at the
maritime boundaries;
– Countering illegal migration and migration crime (human trafficking,
human trafficking).
3. The cooperation basically includes the use of multidisciplinary teams and
knowledge transfer through twinning up to and including the management layer.
4. The manner of cooperation is set out in an action plan as referred to in Article 13, paragraph 1
jointly designed.
Article 8
1. Each of the Caribbean countries in the Kingdom agrees with the Netherlands on the contribution
of the Koninglijk Marechausse The Royal Netherlands Marechaussee, Customs Netherlands and the Coast Guard is as far as:
a. Personnel deployment of the Royal Netherlands Marechaussee, which is designed in advance
set modalities;
b. Personnel deployment of Dutch Customs;
c. Guaranteeing 24/7 maritime intelligence-driven action by the Coast Guard, the
required staffing will be put in the regular by means of the Long Term Plan for Personnel
consultation bodies of the Coast Guard are established.
2. The desired capacity referred to in paragraph 1 sub a and b will be established jointly
with the ministers concerned of each of the Caribbean countries of the Kingdom, the
Minister of the Interior and Kingdom Relations, the Commander of the Royal
Marechaussee, the Director-General of Customs Netherlands and the Director of the Coastguard.
3. The desired capacity as referred to in paragraph 1, under a and b, is always set for one
period of three years in the action plan as referred to in Article 13, paragraph 1.
Article 9
The Caribbean countries of the Kingdom contribute under and on behalf of the
supporting personnel deployment as referred to in Article 2, second paragraph, ensuring the mandate,
accreditation and authorization of all required powers for the personnel deployment of the
Royal Netherlands Marechaussee and Dutch Customs required for an effective and lawful
execution and exercise of the agreed tasks and powers.
Article 10
The officers of the Royal Military Constabulary and Customs Netherlands may during the implementation of the
assigned duties if applicable own service uniform and own armament
to wear.
Article 11
The Caribbean countries of the Kingdom, with due observance of Article 2, second paragraph,
first sentence, as well as of Article 3, take the necessary measures so that the follow-up and deployment of the
extra capacity of the Royal Netherlands Marechaussee and of Customs Netherlands, in the
law enforcement chain is properly set up and where necessary in this chain
intensified.
Article 12
1. If civil servants of the Royal Netherlands Marechaussee or Customs become the Netherlands
deployed in the Caribbean countries of the Kingdom, these countries are liable for
attributable damage incurred in the exercise of in and pursuant to this Protocol
agreements made. The law of the relevant Caribbean applies
country.
2. The Netherlands is responsible for damage that is the result of gross negligence or
deliberate misconduct by the officials of the Royal Netherlands Marechaussee or Customs
The Netherlands.
3. Without prejudice to the exercise of its rights vis-à-vis third parties, the Netherlands renounces
claims against Aruba, Curaçao and Sint Maarten for damage suffered, except
when there is gross negligence or willful misconduct. Chapter 4. Execution
