U.S. Department of State

International Narcotics Control Strategy Report
March 1997
Bureau for International Narcotics and Law Enforcement Affairs

NETHERLANDS ANTILLES

I. Summary

The Netherlands Antilles serves as a transhipment point for cocaine from South America (specifically Colombia, Venezuela, and Suriname) to the US and Europe, primarily the Netherlands. The islands of the Netherlands Antilles are located strategically near the country that is the driving force behind the cocaine trade, Colombia, and its neighbor, a major transit zone, Venezuela. The location of the Netherlands Antilles presents drug control challenges. However, it made progress during 1996 in confronting international narcotics trafficking.

The Netherlands Antilles comprises the islands of Curacao, Bonaire, St. Eustatius, Saba and the Dutch half of Sint Maarten, and is used extensively by illicit courier organizations sending shipments to the US via air drops, cruise ships, commercial aircraft, and container cargo shipments. The Netherlands Antilles is a part of the Kingdom of the Netherlands. Since 1954, it has been a separate entity. Under the Kingdom's constitution, it has autonomy over internal affairs, but not foreign affairs or defense.

The Dutch half of the island of Sint Maarten still shows evidence that it is a major center for cocaine and heroin shipments to both the US and Europe. Money laundering organizations appear to be directing large cash deposits into new building and land development projects. There are increasing indications that money launderers are using legitimate businesses as front operations. On Bonaire, financing from sources linked to drug trafficking organizations has been offered to hotels facing financial difficulties. Such problems require the governments of the Netherlands (GON) and the Netherlands Antilles (GONA) to focus more on addressing the developing problems in international narcotics trafficking there.

The Netherlands has not extended the 1988 UN Convention to the Netherlands Antilles because the Netherlands Antilles lacks revisions in its Criminal Procedure Code that would implement the Convention.

A joint GONA-GOA commission is reviewing the code to make the technical revisions, which it will then submit to the parliaments of the Netherlands Antilles and Aruba for approval. After the revisions are approved, the Criminal Procedure Code is expected to facilitate the implementation of the 1988 UN Convention and other GONA laws. Those other laws are expected to combat international and local drug trafficking and money laundering activities, broaden the investigatory powers of local enforcement agencies with regard to search, seizures, extradition of nationals, and questioning and detaining of suspects.

II. Status of Country

The five islands of the Netherlands Antilles are geographically split into two distinct groups. The islands of Bonaire and Curacao are located off the South American coast near Colombia and Venezuela. Saba, St. Eustatius and the Dutch half of Sint Maarten are hundreds of miles away east of the Virgin Islands and the Anegada Passage, just above the Leeward Islands of the Caribbean. Cocaine is the principal drug transiting the Netherlands Antilles. The majority of cocaine enters Bonaire and Curacao on commercial maritime vessels originating in Colombia, and small fishing vessels from Venezuela. The cocaine is then transhipped via couriers on cruise ships or commercial airliners. Large-scale commercial shipments of cocaine, as evidenced by large seizures of cocaine in air-freight shipments and on container cargo vessels, are smuggled primarily through the major ports in these islands, and then on to the US and Europe.

In Curacao, local drug traffickers who are responsible for transhipments of drugs are paid in cocaine instead of cash. This results in increased crime and drug abuse problems. Heroin also enters Curacao via couriers from Colombia. The drug is transhipped to the US and Europe via couriers who ingest 500-700 grams of heroin encased in rubber packages.

The area around Saba, called the Saba Banks, appears to be a favored zone for traffickers' aerial drops of multi-hundred kgs amounts of cocaine destined for Puerto Rico. There is no evidence that indicates large shipments of cocaine continue to enter Sint Maarten by sea. Colombian-based narcotics trafficking organizations appear to wield significant influence in the Antillean island economies and are more than a match for the modest law enforcement resources there. Consequently, narcotics trafficking on a large scale continues.

Sophisticated off-shore corporate banking facilities offering secret bank accounts, casino/resort complexes, high volume tourism, and a stable currency make the Netherlands Antilles attractive to money laundering organizations. Local governments, with the assistance of Dutch officials, are attempting to enact legislation that would place more controls on banking and financial institutions, and give local law enforcement officials greater authority to investigate money laundering activities and suspicious transactions. But the problem of controlling money laundering is formidable because launderers rely on sophisticated, highly paid advisors, adept at maneuvering assets out of the purview of local and other authorities. The local governments charged with monitoring money laundering have modest resources, and are relatively unfamiliar with conducting financial investigations.

III. Country Actions Against Drugs in 1996

Policy Initiatives. In January 1996, the Netherlands Antilles, Aruba and the Netherlands established a joint coast guard to improve drug interdiction efforts in the coastal waters of the Kingdom's Caribbean islands. The US began working with the GON on a Maritime Law Enforcement Agreement. Such an agreement would allow for improved cooperation on surveillance and interdiction efforts in the waters surrounding the Netherlands Antilles and Aruba. The Hague, after consulting the Antillean and Aruban governments, renewed a port visit and overflight agreement which allows US vessels and aircraft pre-clearance and access to docking, overflight and landing privileges in the Netherlands Antilles and Aruba.

Law Enforcement Efforts. Antillean law enforcement officials maintained good working relations with their USG counterparts. This relationship has been one of the key factors in the increased arrests of drug couriers transiting through the Antilles. The GONA seized 650 kgs of marijuana and 710 kgs of cocaine in 1996, a significant increase from the 111 kgs of cocaine seized in 1995.

The GONA began customs checks in Sint Maarten, including limited vessel inspection. The GONA implemented detection dog controls at all Antillean airports and ocean cargo facilities. The parliament approved laws that permit the establishment of a law enforcement entity designed to detect and counter money laundering, but such entities, called MOT's, are not yet functioning. The Antilles hosted the first International Crime Symposium, focussing on the Caribbean perspective, to better link its efforts with regional anti-crime activities.

Implementing asset forfeiture regulations enacted in 1996, the GONA seized about $1.2 million in real estate and other property, jewelry and two luxury yachts. Authorities confiscated the assets from individuals engaged in activities directly associated with drug trafficking.

The GONA arrested 594 suspects from 48 different nations on narcotics-related charges during the year. In addition, approximately 500 individuals carrying drugs were arrested upon arrival in the Netherlands on international flights originating from the Netherlands Antilles.

Corruption. Corruption is a serious problem in the Netherlands Antilles. The potential for corruption is magnified by the gaming industry and tight bank secrecy, which facilitate money laundering. Limited economic options contribute to a requirement for constant vigilance and severe penalties to prevent corruption from emerging as a main factor eroding frail democratic institutions in the Antilles.

Agreements and Treaties. The GONA is part of the Kingdom of the Netherlands. The 1988 UN Convention does not yet apply in the Netherlands Antilles. The GON became a party to the Convention in 1993. The Netherlands has not yet acceded to it on behalf of the GONA because the Netherlands Antilles has not enacted domestic legislation necessary to fulfill its obligations.

An extradition treaty in force between the USG and the GON was extended to the GONA. The GONA does not currently extradite its nationals.

Demand Reduction. Drug-related petty crime has increased in the Antilles, further demonstrating growing narcotics problems. Drug abuse is growing at an alarming rate in Curacao, especially the use of crack. Crack seizures confirm this trend. At the national level, the National Drug Coordinator is responsible for the production and distribution of demand reduction materials and media releases. Mobile teams also provide training and coordination assistance to local and neighborhood demand reduction activities. The government is seeking resources for more in-country rehabilitation programs and treatment centers.

IV. US Policy Initiatives and Programs.

The GONA works closely with USG officials on the exchange of narcotics information. Curacao is seeking to implement a Joint Information Coordination Center (JICC). Progress on the JICC was stalled because of in-fighting between police and customs forces.

Signature of a Maritime Agreement between the Netherlands and the USG may increase the international emphasis on counternarcotics activities in the Caribbean. These should be of particular benefit to the Antilles with its disparate groups of islands separated by hundreds of miles.

The Road Ahead. Good cooperation on counternarcotics issues will remain an important factor in law enforcement on the islands and in their surrounding waters. Corruption will be a problem in the Antilles, as narcotics traffickers and money launderers attempt to discourage further changes which would bolster enforcement against trafficking and money laundering. Continued GON financial and material support, especially on the counternarcotics front, will be essential to successful law enforcement in the Netherlands Antilles. The US, through JIATF EAST will augment, where possible, military assets in the region in collaboration with Combined Task Group 4.4. The signing of the maritime ship riders agreement between the USG and the GON is a key objective. The GONA's clearly articulated interest in passing tough laws and receiving antinarcotics training programs conducted by USG agencies bodes well for its counternarcotics progress in the coming year.

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