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Chapter 4 Explanation & Conclusion Chapters 1 – 20: Dutch St Maarten, Aruba, Curacao CEDE Border Control To The Netherlands As Part Of Liquidity Support

Explanation: At the end of 2020, the countries agreed on the third tranche of liquidity support
2020, in combination with a package of measures aimed at realizing
structural reforms in the Caribbean countries of the Kingdom. The package of measures
aims to improve the financial and economic resilience of the Caribbean countries in the
Kingdom. A properly functioning rule of law is conditional for economic
development, contributes to sustainable public finances and ensures the legality of
spending.
The Caribbean borders of the Kingdom play a role in transnationally organized
(subversive) crime. Think of drug smuggling, illegal immigration, human trafficking
and human trafficking, arms trafficking and money laundering. These different forms of transnational
organized (subversive) crime not only has an undermining effect on the
rule of law, but also society in the Caribbean countries in the Kingdom. Partly for that reason
border control will be structurally strengthened there. In addition, this crime in the
Caribbean countries of the Kingdom also influence the European Netherlands. To the stake of the
Caribbean countries in the Kingdom to strengthen against this crime and to waterbed effects


between countries and to prevent forms of crime, it is important that there is
intercountry and multidisciplinary (with the various border services) is being developed.
For Sint Maarten, the protocol follows the results that have already been achieved in the framework
of the mutual regulation on strengthening border control on Sint Maarten. In addition, applies to all
countries in the Caribbean part of the Kingdom under the Baseline project as well
steps have been taken to strengthen border control in the countries. The present
protocol are supplementary to the protocol regarding the deployment of personnel from the flexible deployable
pool Koninklijke Marechaussee (hereafter flex pool KMar).
Chapter 2. Purpose
To achieve the goal as referred to in Article 2 of the protocol, a minimum must be desired
level of control at the external borders to be established, achieved and maintained.
In addition, it is essential that there can be effective and efficient wo at the borders rden checked on
all incoming and outgoing passenger and goods traffic. It directly affects interests
of all countries in the Kingdom. In that context, the Royal Netherlands Marechaussee (hereinafter: KMar)
and Customs Netherlands provide additional assistance / commitment under the responsibility of the
responsible ministers in the countries with the aim of properly functioning border control
persons and goods in the countries. The Caribbean Coast Guard will issue a
workforce intensification in the coming years to a 24/7 task execution on the
maritime boundary. The following is necessary to strengthen border control:
a. Gather information about transnational phenomena as well as for the air and
shipping about the nature of the vessel or aircraft, goods and the persons on board or
occupants, so that an adequate risk analysis can take place on this basis and
choices can be made as to which checks are carried out.
b. Ensure follow-up in the law enforcement chain as referred to in Article 11 of the
protocol.
c. Strengthen and possibly expand the pallet of border control interventions (by a.o.
regular and visible presence, multidisciplinary performance of targeted checks and
inspections, maritime community policing on and around the water and maritime information
action).
d. Achieve personnel, material and facility preconditions.
Chapter 3. Collaboration and responsibilities
The implementation of border control is and will remain the responsibility of the countries. This
means border control of persons and goods in countries under responsibility
of the Ministers of Justice and the Ministers of Finance of Aruba, Curaçao and respectively
Sint Maarten is executed. This responsibility also includes border controls and
activities that are carried out by KMar and Customs Netherlands in that Caribbean country. The support activities of the KMar and the Dutch Customs, the cooperation and information
exchanges with border authorities for the implementation of the protocol are taking place
on the basis of the applicable laws and regulations, including the National Ordinance
admission, deportation and removal (LTU) of the relevant Caribbean country.
Strictly speaking, the Caribbean Coast Guard has this mutual role for the intended role
scheme is not necessary to reach new agreements, as they are a Kingdom organization
already has a legal basis (ie the Coast Guard Act) for the self-employed
performance of duties on the maritime border. In that sense, the Caribbean Coast Guard does not provide any
new support or assistance, nor does it require additional powers from the
Caribbean countries. However, as a maritime law enforcement service, the Coast Guard makes an integral part
part of the partnership and will continue through a workforce increase in the coming years
“Reinforced” can contribute to more effective border control. The long-term plan where in
Article 8 paragraph 1C refers to the long-term plan of personnel already executing in
the Coast Guard Presidium and the Coast Guard Commission has been discussed and will be determined there.
In order to implement the protocol correctly and effectively, it is important that the
officers of the Royal Military Constabulary and Customs Netherlands who are involved in strengthening border control
be entrusted with the same powers as those of the border authorities in
the Caribbean part of the Kingdom.
With regard to the criminal investigation aspects of their duties under the Protocol and the
plan of action, it is desirable that they are based on the laws and regulations in the countries as
be appointed special agent of the police force and can be sworn in as such. In the
In line with this, it is also important that these officers are appointed (at
national decree) as administrative law supervisor with the aim of supervising the
compliance with the admission and, expulsion and the by or pursuant to the National Ordinances
Customs legislation in the relevant Caribbean country. This allows the support of the KMar
and Dutch Customs will be organized more effectively and efficiently because these officers are pro-
be able to actively carry out border control activities. In that context, it is important that the
responsible ministers in the Caribbean countries ensure that the relevant
Netherlands officials for the performance of their duties under this Protocol
receive the same powers, accreditation and authorization to the relevant border control systems
as their colleagues in the Caribbean countries of the Kingdom. To be able to include in the plan of action
further agreements are made about the uniform and equipment of the officials of
Customs Netherlands.
The protocol stipulates that measures will be elaborated in the action plan die the
cooperation between the border control authorities in the Caribbean countries and Dutch Customs,
the KMar and the Coastguard and the professionalism, quality and expertise of those involved
officials will promote. By means of twinning and training and
mutual agreements on command and control, multidisciplinary action and information sharing,
can enhance the professionalism and expertise of border officials and overall cooperation
between executive services in the countries. In the action plan, the
agreements on twinning, steering and any training need are further elaborated.
For the extra efforts of Customs Netherlands, the KMar and the Coastguard, it is also important that the
follow-up in the law enforcement chain is properly organized by the controller
authorities in the countries and intensified where necessary. The protocol has like
referred to in Article 2 as the aim that security on the borders receives a quality impulse and on
sustainable manner is guaranteed. Border control is one, just like law enforcement
important part of the security chain in the countries. Strengthening capacity and
additional technical resources affects the border organizations in the countries. This also works
to other organizations in the security chain, including in the law enforcement chain. A
strengthening border control has both a push and pull effect on several parties,
whereby both direct and indirect effort is required from chain partners of the
security chain. The whole therefore concerns an interaction (one cannot exist without the other).
Strengthening the border will generate extra effort for the entire security chain, but if
if this chain is not simultaneously strengthened, this may limit the effect of strengthening the border. In this context, it is important that the responsible ministers in the
Caribbean countries ensure that any consequences of enhanced border control for
other parts of the security chain, such as law enforcement as early as possible
be mapped out at the stage and coordinated by the border control organizations so that
appropriate measures can be taken by the other organizations in a timely manner and if
need to be intensified. To this end, developments will be on the borders
observed and information (data) are shared and actions must be coordinated.
This interaction will be outlined in the plan of action.
Chapter 4. Implementation
For the proper implementation of the protocol, it is necessary in accordance with article 13 of the protocol
an action plan for each country is drawn up jointly between the local and the Dutch
border services and relevant policy departments. The plans of action for Aruba and Curaçao
are set before 1 April 2021. This applies to Sint Maarten, due to the turnaround time
of the current mutual arrangement for strengthening border control on Sint Maarten, the action plan
set before 1 September 2021. Subsequently, these plans of action will be taken every three
year to be evaluated, renewed and re-established.
The action plan will provide a clear picture of the objectives, further forms and
modalities for the implementation of border control, responsibilities and measures per
service, by country. When drawing up the action plan, proposals for improvement of the
baseline trajectory are taken into account. This action plan will be drawn up by the
working group as referred to in Article 16 of the Protocol. It will also be included in the action plan
describes how adjustments can be made during the implementation of the action plan
are being implemented.
The countries also set up a progress committee for each country. This committee allows the
agreements from the scheme are monitored. In addition, this committee can advise the
responsible ministers of the countries for the implementation of the mutual agreements
regulation.

The countries also set up a progress committee for each country. This committee allows the
agreements from the scheme are monitored. In addition, this committee can advise the
responsible ministers of the countries for the implementation of the mutual agreements
regulation. The progress committee as referred to in Article 15, as the working group as referred to in
Article 16 shall be composed as follows:
–One representative of the Caribbean country’s immigration service (s)
–One representative of the Caribbean country’s Customs
–One representative of the Ministry of Justice of the Caribbean country
–One representative of the Ministry of Finance of the Caribbean country.
–One representative of the KMar
–One representative of Customs Netherlands
–One representative of the Carib Coastguard
–One representative of the Ministry of Justice and Security of the Netherlands
–One representative of the Ministry of Finance of the Netherlands
–One representative of the Ministry of Defense of the Netherlands
–One representative of the Ministry of the Interior and Kingdom Relations of one representative of the Ministry of Defense of the Netherlands
–One representative of the Ministry of the Interior and Kingdom Relations of
The Netherlands
In order to achieve the goal under Article 2, a collaboration between the
Caribbean countries of the Kingdom and the Netherlands. The specific topics for the
cooperation are described in Article 7 of the protocol. The following commitment and resources
will be part of the plans of action to be drawn up as laid down in Article 13
of the protocol:
a. Extra efforts of KMar and Douane Nederland, in which the expertise of these
services such as providing training are central. The extra effort of the KMar finds
additional place on top of the commitment already provided by the KMar on the basis of the KMar flex pool.
b. Strengthening the Coast Guard and enabling it to be operational 24/7.
c. Investing in the equipment, personnel and facilities of the border services.
d. Setting up and establishing an intensive and structural partnership in the
Caribbean countries of the Kingdom with the partners and services involved.
In accordance with article 13 paragraph 2, the Netherlands will structurally increase an amount to € 30.5 million.
available for further support from the Royal Netherlands Marechaussee, Customs and
the Caribbean Coast Guard in strengthening border control in the Caribbean countries
of the kingdom. In addition to the structural resources, the Netherlands also provides incidental resources
disposal for investments in the equipment, personnel and facilities of the border services.
In the action plan as referred to in Article 13 paragraph 1, an inventory of
Covenants to be concluded later (for example for the exchange of information) are included as
this is necessary for the implementation of the collaboration as described in the action plan
state. The countries must then ensure that this is implemented.
The working group as referred to in Article 16 paragraph 1 will meet periodically and monitor the progress of the
discuss the implementation of the action plans, prepare the interim and final reports and the
prepare for the consultation of the progress committee. The working group will be established by the Ministry of
Home Affairs and Kingdom Relations are chaired.
Chapter 5. Disputes
With regular consultation forums as referred to in Article 17 paragraph 1, reference is made to (for example) the
Coastguard committee and presidium in case disputes arise regarding the activities
of the Coast Guard that fall under the Coast Guard Act. When a dispute arises about
the agreements as described in the protocol or the underlying plans of action
this will initially be discussed in the working group, in accordance with article 17 paragraph 1
subsequently, if necessary, in accordance with paragraphs 2 and 3 in the progress committee and the ministerial
consultation.
Chapter 6. Final provisions
The protocol was agreed verbally during it, in the presence of all parties
Ministerial Consultation of 4 February 2021 and will enter into force on the day after all parties have notified the
protocol. This option was chosen because, in view of travel restrictions
as a result of Covid-19, parties cannot physically collectively and therefore simultaneously
proceed to sign the protocol.
The protocol is initially entered into for a period of 7 years with an option for
extension of 3 years each time. To be able to timely anticipate extension or completion
of the protocol and the associated action plans in progress
opted to make a decision during the 5th year of the initial term
possible extension for a period of three years. This means that the decision on the
extension of the protocol takes place 1.5 years before the expiry of the protocol. There is for this one
construction has been chosen so that there is sufficient time for drawing up a new action plan
or, if an extension is not chosen, six months to complete the current action plan and the
commitment to complete this, and one year to arrange for handover and completion
of running routes. In concrete terms, this means that the parties will decide on the
first renewal for three years. After that, the parties decide every 3 years, for the first time in 2029,
before July 1 of that year, on a new extension.
A conscious choice was made to evaluate the protocol and the decision-making regarding
to name an extension in separate articles. However, it is relevant that this, despite the disconnection
in the protocol itself, take place in the same time span because it has a similar tradeoff
regarding.

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