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U.S. DEPARTMENT OF STATE
INTERNATIONAL NARCOTICS CONTROL STRATEGY REPORT, MARCH 1996: THE NETHERLANDS
United States Department of State
Bureau for International Narcotics and Law Enforcement Affairs
I. Summary
Drug traffickers and money launderers seek to exploit the geography of
the Netherlands and its highly developed transportation and financial
infrastructure. The Netherlands is a key transit point for cocaine and
heroin headed for Europe. As a major center for the international
chemical industry, it attracts people trying to produce precursor
chemicals for "synthetic" drugs. The Netherlands is also a major
producing and exporting site for amphetamines and "synthetic" drugs,
like ecstasy, destined for the European market. The Dutch government
has made combatting international trafficking a priority, implemented
legislation to counter money laundering, and acts against illicit
chemical plants.
Although illicit drugs remain illegal, the 1974 Dutch Public
Prosecutors' decision not to prosecute cases involving under 30 grams of
cannabis gave rise to "coffeehouses" selling cannabis for personal use.
The Netherlands has an active demand reduction program which puts
authorities in touch with about 75% of its 25,000 "hard" drug addicts.
The number of addicts remains stable and the average addict age is
rising.
II. Status of Country
With its location, extensive transportation and the world's largest
automated container port facilities, the Netherlands is an entrepot for
the European narcotics market, while the country's financial
infrastructure offers opportunities for money laundering. The Dutch
Opium Act of 1919, amended in 1928 and 1976, governs Dutch policy on
narcotics. The law distinguishes between "hard" drugs, which have
"unacceptable risks" (cocaine, opiates etc.), and "soft" drugs (cannabis
products), and penalizes their use accordingly. The law imposes
penalties for the possession, sale, transport, trafficking and
manufacture of all drugs listed in the Opium Act, except for medical or
scientific purposes. Drug consumption, per se, is not prohibited.
Dutch law permits authorities to treat drug use as a health problem and
to divide responsibility for implementing and enforcing the Opium Act
between the Health and Justice Ministries.
III. Country Actions Against Drugs in 1995
Policy Initiatives. In September 1995, the Government of the
Netherlands (GON) published a white paper on Dutch drug policy, which
the Dutch Parliament will review in March 1996. The white paper, a
discussion paper, did not introduce new legislation or major changes to
existing policy and dismissed any consideration of legalizing "hard" or
"soft" drugs. The white paper called for tougher measures to fight
international drug trafficking and the criminal organizations which
sustain it, including so-called drug "tourists". The paper proposed
steps to reduce drug-related crime and public nuisance. The paper
prioritized the prosecution of large-scale producers of cannabis,
advocated reducing from 30 to 5 grams the amount of cannabis products
that may be purchased in "coffeeshops" without prosecution (although an
individual may still possess up to 30 grams without facing prosecution),
and recommended halving the number of operating "coffeeshops". In
addition, the paper proposed a small-scale experiment permitting the
prescription of heroin under tight medical control to a small group of
"hopelessly" addicted persons. Finally, the paper recommended
increasing the number of drug-free prison cells - from 300 to 620 in
1997 - and expanding programs which enable criminal addicts to choose
between treatment or imprisonment. A special addiction clinic for about
70 criminal addicts will open in Rotterdam as a pilot project.
Experiments will also start with "work camps" for criminal addicts to
facilitate their social re-integration.
During 1995, the Netherlands stepped up its criminal investigation
efforts against international trafficking and against Dutch nationals
who produce and export cannabis, amphetamines and ecstasy. A national
investigations unit was established with special responsibility for
assisting foreign investigations. One of the five central police teams
created to fight organized crime is focused on the production and
trafficking of synthetic drugs.
In 1995, the Netherlands completed long term counter-narcotics projects
in Colombia and Bolivia.
In January 1996, the Kingdom of the Netherlands established a Coast
Guard presence in the semi-autonomous countries of the Netherlands
Antilles and Aruba. This initiative is expected to contribute
substantially to international efforts against narcotics trafficking in
the Caribbean.
Accomplishments. The Netherlands has enacted legislation on money
laundering and controls on chemical precursors. Money laundering is
illegal; this applies to illicit money generated from drug trafficking,
fraud, and all other sources. In line with Financial Action Task Force
(FATF) recommendations, Dutch financial institutions are required to
report unusual transactions which meet criteria specified in published
guidelines to a new Disclosure Office (MOT) which will analyze the
information and, if necessary, refer the case to the police. The Act on
the Prevention of Misuse of Chemicals became fully operative July 1,
1995. This Act regulates the production of, and trade in, precursor
chemicals and meets Dutch commitments under the 1988 UN Convention
Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances
and under 1990 EU regulations. Violations of the law can lead to prison
sentences, fines, or asset seizures.
Agreements and Treaties. The Netherlands is a party to both the 1988 UN
Convention and the 1990 Strasbourg Convention on Money Laundering and
Confiscation. Measures to counter money laundering are being extended
throughout the Kingdom to include the Netherlands Antilles and Aruba.
In December 1995, the Council of Ministers of the Kingdom of the
Netherlands decided to make extradition of nationals possible across the
whole Kingdom, including Aruba and the Netherlands Antilles, although
implementing legislation to allow extradition of nationals in Aruba and
the Antilles is not expected to become effective until June 1996. The
governments of the United States and the Netherlands have agreements on
Extradition, Mutual Legal Assistance, and Asset Confiscation and
Sharing. The Netherlands is actively implementing the Schengen
agreement, the BENELUX Agreement on Extradition, and the European
Convention on Extradition and Mutual Assistance. The Netherlands is a
major donor of the United Nations Drug Control Program (UNDCP) and
participates in the Dublin Group, the United Nations Commission on
Narcotic Drugs, the Financial Action Task Force, and the Caribbean
Financial Action Task Force. According to UNDCP, the Netherlands
pledged approximately $433,000 in FY95 contributions to UNDCP.
Cultivation/Production. Dutch grown cannabis has become increasingly
popular. To prevent the Netherlands from becoming a production and
export center for soft drugs, the GON has tightened its procedures for
investigating and prosecuting those engaged in large-scale production of
cannabis. The Netherlands has become a significant producer and
exporter of amphetamines and ecstasy, mainly for the European market.
In 1994, 11 ecstasy laboratories were dismantled, including one with a
daily capacity of a half million pills. Incomplete figures for 1995
show that 15 laboratories have been closed.
Drug Flow/Transit. Seizure records indicate a greater success
intercepting container shipments in ports than in seizing narcotics
shipped across borders over a network of highways and secondary roads.
Most heroin seized in the Netherlands (106 kilos in the first ten months
of 1995) comes from Southwest Asia and is shipped by truck. Heroin
trafficking is reputed to be mainly in the hands of Turkish criminal
organizations; the involvement of Chinese groups has allegedly
diminished. Central and Eastern European countries are playing an
increasing role in the storage and distribution of heroin. The
Netherlands is also a destination and transit point for cocaine arriving
by ship via Colombia, Venezuela, the Netherlands Antilles, and Aruba,
and increasingly, from Central and Eastern Europe.
Demand Reduction. The GON funds an active and extensive prevention and
drug treatment program. Methadone is provided to a daily average of
7,000 addicts in more than 60 municipalities. Demand reduction/drug
education programs, often targeted at young people, aim at both
prevention and risk reduction. Due to concern about the rising
popularity of ecstasy among Dutch high school students, the Netherlands
is undertaking special information/prevention campaigns about the drug.
The Dutch also have well-developed needle exchange programs that have
kept the level of HIV infection low.
IV. US Policy Initiatives and Programs.
Bilateral Cooperation. The United States works closely with the Dutch
in several fora, including the Dublin Group where the Netherlands serves
as regional chair of the Caribbean. Most recently, the USG has been
working with the Netherlands and other interested governments to develop
measures to interdict the flow of drugs and money laundering in the
Caribbean.
The Road Ahead. Dutch Prime Minister Kok was among the first leaders to
express support for President Clinton's call at the United Nations for
strengthening the fight against illicit drug trafficking and
international crime. The United States looks forward to continued close
cooperation with the Dutch in developing effective strategies to combat
international narcotics trafficking and crime.
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