Country Reports on Terrorism 2015 - The Netherlands

Overview: The Netherlands continued to respond effectively to the global terrorist threat in the areas of border and transportation security, counterterrorism financing, countering violent extremism, and bilateral and multilateral counterterrorism cooperation. In its March 2013 quarterly terrorism threat assessment, the Office of the National Coordinator for Security and Counterterrorism (NCTV) raised the national threat level from "limited" to "substantial" (the second highest rank), where it remained through 2015. The main factor for elevating the threat level was the uptick in the number of Dutch nationals travelling to conflict areas, especially Syria, as foreign terrorist fighters. In 2014, the Dutch government released a Comprehensive Action Program to Combat Jihadism that included both existing and proposed measures to halt the flow of foreign terrorist fighters to Syria and elsewhere. The plan focused on risk reduction, travel intervention, disruption of recruiters, countering radicalization, addressing the use of social media, and information exchange and cooperation. The government announced on February 27, 2015, an additional investment of nearly US $144 million annually for the fight against terrorism.

The Netherlands is implementing UN Security Council Resolution (UNSCR) 2178 to prevent aspiring foreign terrorist fighters from leaving the country. Measures include dismantling recruiting networks, preventing extremist imams from speaking at mosques, requesting internet hosting companies to remove online extremist content, and revoking passports. As of November 2015, 150 passports of potential foreign terrorist fighters have been revoked. The government has pursued criminal cases against prospective and returned foreign terrorist fighters and against foreign terrorist fighter recruiters. The government's strategy to counter Islamic State of Iraq and the Levant (ISIL) propaganda has a domestic focus: supporting opposing voices in the affected communities and suggesting to internet providers that they compare content of sites to their terms of use (Notice and Take Action).

The Netherlands is a member of the Global Coalition to Counter ISIL, and has a liaison embedded in CENTCOM, which coordinates the mission. The Netherlands has conducted air strikes and contributed military personnel and trainers in Iraq. The Netherlands and Turkey co-chair the Coalition's Foreign Terrorist Fighters Working Group.

Legislation, Law Enforcement, and Border Security: The Netherlands continued to use counterterrorism legislation and legislation that supplements the criminal code to address terrorism. On November 27, the government submitted four pieces of draft counterterrorism legislation to Parliament: 1) A law revoking citizenship, without a court ruling, of dual national foreign terrorist fighters who have joined a designated terrorist organization; 2) A set of administrative penalties, including a travel ban and a contact ban, that the government can impose on persons suspected of terrorist activities; 3) A law resulting in automatic expiration of a person's passport and identity card when a travel ban is issued; and 4) A law governing cybersecurity, including online counterterrorism.

Draft legislation regarding the revocation of Dutch citizenship for dual citizens after a conviction for preparing to commit a terrorist act was awaiting further deliberation in the First Chamber (Senate) at year's end.

Government agencies countering terrorism include the national police; the prosecutor's office; local governments (the mayor being responsible for public order); the National Coordinator Counterterrorism and Security (which coordinates all counterterrorism policy); the General Intelligence and Security Service (AIVD); and the Ministries of Security & Justice, Interior and Kingdom Relations, Foreign Affairs, Social Affairs and Employment; and Defense. Since 2013, the national police organization has been undergoing a nationwide restructuring, which is expected to improve police's operational capacity and effectiveness. This operation has suffered significant setbacks, however, and in August 2015, the government extended the program deadline to 2018 and doubled the appropriated funding. High priority is placed on community policing and the first-line role of local police officers. Within the national police organization, the Central Criminal Investigations Service is the specialized counterterrorism unit. The National Prosecutor's Office also has dedicated counterterrorism prosecutors.

The Netherlands has continued to strengthen its border security. Dutch ports of entry have biographic and biometric screening capabilities, and the government maintains a national terrorist watchlist of persons and organizations that are under economic sanctions. The government coordinates and freely shares information related to foreign terrorist fighters with INTERPOL and EUROPOL. The Netherlands collects Advance Passenger Information (API) data for flights coming from selected points of embarkation outside the EU.

The Netherlands remained strongly committed to effective cooperation with the United States on border security. The Port of Rotterdam was the first European port to participate in the Container Security Initiative (CSI); in 2014 the two governments held discussions to have CSI go from a WMD-focused initiative to incorporate all threats.

Significant law enforcement actions related to counterterrorism included:

• On February 9, a district court acquitted two men of preparing to commit terrorist acts, conspiring to commit terrorist acts, and preparing to commit violent acts (such as murder and arson). The two men were arrested while traveling to Turkey and Syria in 2014. The prosecutor argued they planned to join the conflict in Syria, but the suspects claimed they wanted to vacation in Turkey and provide humanitarian assistance in Syria. Both men had a brother fighting in Syria. The prosecutor has filed an appeal.

• On March 20, authorities in Tilburg arrested a 30-year-old man for trying to recruit young asylum seekers to join ISIL. The prosecutor doesn't believe he successfully enticed any new fighters. The suspect was also charged with money laundering and was arrested in 2014 at Schiphol airport carrying US $65,165 in cash and army clothing traveling to Yemen. His case was pending trial at the end of 2015.

• On April 30, a Court of Appeals sentenced five members of the Dutch chapter of the Liberation Tigers of Tamil Eelam (LTTE), also known as the Tamil Tigers. The five persons (aged between 43 and 60) were convicted of participation in a terrorist organization, having a leadership position in the Dutch chapter of LTTE, and raising funds for LTTE (often through coercion). The suspects were acquitted of recruitment, extortion, and incitement. The prosecutor appealed the incitement ruling. The prison sentences range from nineteen months to six years and three months, slightly higher than the 2011 district court ruling.

• On June 8, a district court convicted a returned foreign terrorist fighter of preparing to commit crimes with terrorist intent and possession of weapons. He was arrested as he was on his way to commit a robbery, the proceeds of which were intended for foreign terrorist fighters in Syria. The sentence was four years in prison.

• On July 27, a district court sentenced a woman to six months in prison for financially supporting the Islamic Jihad Union (totaling US $2,172). The court acquitted her of the charges of participation in a terrorist organization and membership in a terrorist organization. Her conviction remained under appeal through the end of 2015.

• On September 8, a district court acquitted a man for preparing to commit an ISIL-inspired attack against Amsterdam police officers and/or the U.S. Embassy. The court ruled that the man, a Moroccan national who was in the country illegally, would not have followed through on his threats. The prosecutor filed for an appeal.

• On November 30, authorities in The Hague arrested an 18-year-old man from Syria for involvement with a terrorist organization. The man had arrived in the Netherlands in October as a migrant.

• On December 10, a district court convicted nine persons for various levels of participation in a criminal organization with terrorist intent and/or incitement to violence. Some suspects were also convicted of other charges. The sentences ranged from seven days to six years in prison. One suspect had returned from Syria, while two were still in the conflict zone and tried in absentia. A tenth suspect reportedly died in Syria; his case was pending trial at year's end.

Countering the Financing of Terrorism: The Netherlands has been a member of the Financial Action Task Force (FATF) since 1990, and is one of the Cooperating and Supporting Nations of the Caribbean Financial Action Task Force, a FATF-style regional body. A legislative proposal to simplify the termination of social security payments, social subsidies, and government student loans for suspected foreign terrorist fighters was undergoing consultations at year's end. Under the proposed law, payments can be stopped as soon as a person is discovered to have joined a terrorist organization. The European Commission sets many rules for countering terrorism finance in directives that EU member states then implement via national legislation. At the end of 2015, The Netherlands was working to implement the Fourth Money Laundering Directive, presented on May 20. The Netherlands cooperated with the United States in designating terrorist organizations and individuals as well as interdicting and freezing assets. The Netherlands participated in the counterterrorism financing working group of the Counter-ISIL Coalition.

Dutch authorities monitor financial transactions and freeze the assets of persons on terrorist watchlists. Assets are frozen immediately when an individual or entity receives a UN designation. The Netherlands also uses EU listings and its own national designations in determining whether to freeze assets. The list of individuals or entities is made public, but information on the amount of assets frozen or seized is not. As of December 2015, the assets of 37 individuals and three organizations were frozen. Of the 37 individuals, 19 were added in 2015. In July, a district court convicted a woman for financially supporting a terrorist organization.

Non-profit organizations may choose to apply to a private entity for a "seal of approval" certification for their financial transactions. Law enforcement can access this entity's data based on court order. The FATF concluded that the requirements that have to be met in order to obtain this "seal of approval" are stringent. These requirements include knowing donors and beneficiaries and having safeguards to make sure directors and employees do not have a conflict of interests.

For further information on money laundering and financial crimes, see the 2016 International Narcotics Control Strategy Report (INCSR), Volume II, Money Laundering and Financial Crimes: http://www.state.gov/j/inl/rls/nrcrpt/index.htm.

Countering Violent Extremism: CVE is integrated into the Dutch government's approach to terrorism. The government's strategy on CVE is the August 2014 Comprehensive Action Program to Combat Jihadism, which contains eight existing and proposed measures specifically focused on detecting radicalization and preventing new people from becoming foreign terrorist fighters. These include increased cooperation with Muslim communities, strengthening existing networks of local and national key figures, providing support to concerned citizens, supporting education institutions, setting up expert centers on social tensions and radicalization, directing actions at high-risk areas, mobilizing societal opposition and enhancing resilience against radicalization and tensions, and stimulating social debate about the values of democracy such as rule of law. The Comprehensive Action Program also addresses combating pro-violent extremist content on social media and the internet.

Local governments are responsible for countering radicalization with support, such as tools and training, provided by the NCTV. Many major cities are investing heavily in training local professionals. On September 8, the national government announced its intent to invest more than US $4,345,200 in nine local governments that face a disproportionately large population of potential violent extremists. Furthermore, in 2015, the government created a Social Stability Experts Unit, which assists local governments and communities in CVE, a Family Support Point for Radicalization, which assists parents and family members of radicalizing individuals, and an Exit Facility, which offers a "way out" for radicals who want to re-integrate.

The Netherlands creates tailored programs for violent extremist individuals and focuses on identification, de-radicalization, and prosecution. Returned foreign terrorist fighters undergo a threat assessment by the government; some returnees are prosecuted. The Netherlands also attempts to rehabilitate and reintegrate some returned foreign terrorist fighters into mainstream society. The government works with partners which include, but are not limited to: police, the public prosecutor's office, youth care, and child protection services. Various local governments work with NGOs to develop and implement CVE policy. Interventions on radicalizing individuals remain case-specific and vary in intensity and design.

International and Regional Cooperation: The Netherlands continued to seek bilateral, regional, multilateral, and international opportunities for exchanging information and experience on security, counterterrorism, and foreign terrorist fighter issues. In 2015, the Netherlands succeeded the United States as co-chair of the Global Counterterrorism Forum (GCTF) and took over as host of the GCTF Administrative Unit. With Morocco, the Netherlands chairs the GCTF Working Group on Foreign Terrorist Fighters. The Netherlands is on the governing board of the three GCTF-inspired institutions; the International Center of Excellence for Countering Violent Extremism "Hedayah" in Abu Dhabi, the International Institute for Justice and the Rule of Law in Malta, and the Global Community Engagement and Resilience Fund in Switzerland.

The Dutch participated in an informal EU core group of 11 member states that focused on foreign terrorist fighters. Within this group, the Netherlands chaired a working group that aims to develop and harmonize methods to ban extremist imams from entering the EU. The Dutch have taken a lead role in the EU to establish protocols to combat terrorism finance and provide funds to the IMF for assistance to countries that lack the resources to implement these measures expeditiously. The Dutch cooperated with EU and OSCE counterterrorism efforts and contributed to the counterterrorism work of the UN Office on Drugs and Crime. The government supported projects carried out by the UN Counter-Terrorism Committee Executive Directorate. The Netherlands participates in the Global Initiative to Combat Nuclear Terrorism.

The Netherlands continued to finance a wide variety of counterterrorism capacity building projects such as the organization Free Press Unlimited and the Center on Global Counterterrorism Cooperation's program on rule of law and criminal justice capacity and cooperation in North Africa. The Dutch government continued to work with the International Centre for Counterterrorism – an independent think tank on counterterrorism issues, established in The Hague in 2010 with Dutch government encouragement.