U.S. Department of State
1996 International Narcotics Control Strategy Report, March 1997

United States Department of State

Bureau for International Narcotics and Law Enforcement Affairs

THE NETHERLANDS

I. Summary

The Government of the Netherlands plays an active role in the international community to combat drug trafficking. The Netherlands is a party to the 1988 UN Convention and the 1990 Strasbourg Convention on Money Laundering and Confiscation. The Dutch are major donors to the UNDCP. All drugs normally treated as illegal in other countries, are illegal in the Netherlands. In 1976, however, Dutch public prosecutors invoked the "expediency principle" in Dutch law and issued guidelines which gave top priority to prosecuting for trafficking and a lower priority to prosecution for the use of cannabis. In the past year, the government reversed some of the implied tolerance of the "expediency principle", and announced measures tightening controls on, and expanding prosecution for, "soft" drug sale, production and possession. Nevertheless, there is still friction between the Netherlands and some of its neighbors over what is perceived as excessive tolerance for cannabis use in the Netherlands. The Netherlands has extensive demand-reduction programs. The number of "hard" drug addicts stabilized in the past few years. The average age of addicts has risen, and the number of drug overdose deaths remains relatively low.

II. Status of Country

The Dutch Opium Act of 1919, amended in 1928 and 1976, distinguishes between "hard" drugs, having "unacceptable" risks (cocaine, opiates etc.), and "soft" drugs (cannabis products). One of the main aims of this policy is to separate the markets for soft and hard drugs so that soft-drug users are less likely to come into contact with the more potent drugs. The Opium Act imposes penalties for the possession, sale, transport, trafficking and manufacture of both categories of drugs. Drug use, per se, is not an punishable offense but is rather considered a health problem. The Sale of marijuana in coffee shops, and more open use of the drug in the Netherlands' largest cities than in other European capitals have contributed to the perception that the Netherlands is excessively tolerant on narcotics, and occasionally caused friction between the Netherlands and its neighbors.

III. Country Actions Against Drugs in 1996

The government set up a special XTC team, consisting of police, customs, the Economic Control Service (ECD) and the National Intelligence Service, which should assure that the Netherlands, in the words of the government's instructions: "...is no longer considered by the international community to be the main center for XTC." Authorities dismantled twelve XTC laboratories in 1994 and 15 in 1995. The staff of the ECD, which investigates the flow of chemical precursors, will also be expanded, in light of their new responsibilities.

The government has also decided to intensify border controls, especially at ports of entry. A container scanner will be placed in Rotterdam port. The Dutch government intends to place similar scanners in the port of Amsterdam and at Schiphol airport. In 1997, the so-called "HARC" (Hit and Run Container) teams will be established. These will be especially engaged in the investigations of drug trafficking through cargo containers in sea and airports.

Accomplishments. Dutch policies on hard narcotic drugs, like heroin, are generally similar to those of its EU partners, and the Dutch concurred in a recent EU resolution to combat illicit drug cultivation in the EU, as well as "drug tourism". However, the Netherlands pursues a different policy on so-called soft drugs (cannabis), which can be sold in small quantities under strict guidelines and conditions. The Dutch believe their policies are firmly grounded, but perception that Holland is lax on drug issues has caused friction with its EU neighbors. In part as a response to criticism of their policies, Dutch authorities tightened the regulations on the sale of marijuana.

In 1996, the Dutch government sought to bring "cambios" (Bureaux de Change/travelers' money exchange offices) under tighter control by Dutch banking authorities. Cambios can now only operate with a license from the Netherlands Central Bank. As a result, the number of cambios (which was considered too high for legitimate needs) has now decreased dramatically.

Cultivation and Production. The government is seriously concerned about the production and export of Dutch-grown cannabis ("Nederwiet"). It has given top priority to the investigation and prosecution of large-scale commercial cultivation of Nederwiet and doubled the criminal penalty to four years imprisonment. Although it gives no special priority to the prosecution for home cultivation by adults, Dutch public prosecutors recently decided to impose fines on the possession of more than five hemp plants. According to the government's Progress Report, more than 550,000 hemp plants were confiscated in 1994 and 1995. In 1994, authorities dismantled 21 greenhouses used to cultivate cannabis; 22 were dismantled in 1995.

Drug Flow/Transit. According to the Dutch police, about 100 criminal organizations are engaged in the drug trade in the Netherlands. Dutch officials believe that hard drug trafficking is mostly in the hands of foreign organizations, while Dutch nationals are mainly engaged in the soft drug trade.

Police records of 1995 drug seizures show that the largest amount of drugs come into the country through container shipments. Authorities seized large quantities of cocaine at Amsterdam's Schiphol Airport. Much of the heroin seized in the Netherlands (351 kgs in 1995) comes from Southwest Asia (e.g., Afghanistan) and is shipped by truck. Although heroin trafficking is done mainly by Turkish organizations, the role of Central and Eastern Europeans in the distribution of heroin is increasing. Cocaine seizures dropped to 4,851 kgs in 1995 from 8,200 kgs in 1994.

Demand Reduction. The Netherlands has extensive demand reduction programs and low-threshold medical services for addicts, who are also offered drug rehabilitation programs. Authorities believe such programs reach about 70-80 percent of the country's 25,000 hard-drug users (in a total population of 15.1 million). Because of the focus on disease prevention and care programs, the health condition of Dutch drug addicts is relatively good. The number of hard-drug addicts has stabilized and the average age of addicts has risen to 31 years. HIV infection among addicts is relatively low because of an extensive needle exchange program. The death rate also is low.

Preventive measures are targeted at young people. In the Netherlands, information on the effects of drug use is part of the primary school curriculum. In secondary schools, the information programs are geared to teaching "healthy living" and "social skills", such as the ability to recognize and resist peer pressure. The government recently decided to intensify and expand demand reduction programs in schools, targeting cannabis and XTC. The government also has set up programs offering criminal addicts the choice between treatment and imprisonment.

Law Enforcement Efforts. The Dutch police do not have a standard national registration system of arrests for drug-related crime. Arrests reported for violation of the Opium Act are in the range of 4,000-10,000, with the larger figure probably the more accurate indicator. Criminal cases for narcotics-related offenses have remained fairly constant in this range in the past few years.

Agreements and Treaties. The Netherlands is a member of all the leading international organizations for narcotics control and plays a leading role in many of them. 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. The US and the Netherlands have agreements on extradition, mutual legal assistance, and asset sharing. The Netherlands has enacted controls on chemical precursors.

IV. US Policy Initiatives and Programs

Bilateral Cooperation. The US enjoys good cooperation with the Netherlands in fighting international crime, including money laundering. The Dutch Disclosure Office has close links with the US Treasury's Financial Crimes Enforcement Center. The Dutch submitted a formal draft cooperation agreement to the US Treasury towards the end of 1995. This agreement, which is intended to increase cooperation between Treasury and the Dutch Financial Crimes Unit, is under consideration in the US. The Dutch are also involved in efforts to expand cooperation between other financial crime enforcement offices, particularly in the EU.

Adequate records can be made available officially to appropriate USG personnel through the bilateral Mutual Legal Assistance Treaty (MLAT) with the Netherlands. US authorities cooperate closely with the Dutch criminal intelligence service and the Dutch Internal Revenue Service Investigation Office.

The Dutch, who assumed the presidency of the EU in January 1997, consider efforts against narcotics trafficking and organized crime to be a major focus of their presidency. The US works closely with the EU and the presidency country in dealing with these issues. For example, the USG cooperates with the Dutch, both through the EU and bilaterally, on actions against narcotics trafficking in the Caribbean.

Aruba and the Netherlands Antilles are self-governing states within the Kingdom of the Netherlands. Since 1986, Aruba has had a status aparte which gives it equal status with the Netherlands Antilles and the Netherlands under the Charter of the Kingdom. The Netherlands has actively encouraged an increased focus on countering narcotics trafficking the Caribbean within the constraints imposed by Constitutional arrangements. The USG is negotiating a Maritime Cooperation Agreement with the Kingdom which will strengthen cooperation and facilitate prosecution of traffickers. The USG is also working with the Kingdom to assist Aruba in countering narcotics trafficking.