Identifier
Created
Classification
Origin
04THEHAGUE2308
2004-09-14 05:47:00
UNCLASSIFIED
Embassy The Hague
Cable title:  

CABINET APPROVES AND FORWARDS NEW DUTCH COUNTER-

Tags:  PTER PINR PINS NL KPRP 
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This record is a partial extract of the original cable. The full text of the original cable is not available.
UNCLAS SECTION 01 OF 02 THE HAGUE 002308 

SIPDIS

DEPT FOR EUR/UBI, S/CT, D/HS, INL
JUSTICE FOR OIA - JFRIEDMAN

E.O. 12958: N/A
TAGS: PTER PINR PINS NL KPRP
SUBJECT: CABINET APPROVES AND FORWARDS NEW DUTCH COUNTER-
TERRORISM PLAN TO PARLIAMENT

REFTEL: (A) THE HAGUE 2145 (B) THE HAGUE 1847

UNCLAS SECTION 01 OF 02 THE HAGUE 002308

SIPDIS

DEPT FOR EUR/UBI, S/CT, D/HS, INL
JUSTICE FOR OIA - JFRIEDMAN

E.O. 12958: N/A
TAGS: PTER PINR PINS NL KPRP
SUBJECT: CABINET APPROVES AND FORWARDS NEW DUTCH COUNTER-
TERRORISM PLAN TO PARLIAMENT

REFTEL: (A) THE HAGUE 2145 (B) THE HAGUE 1847


1. On September 10, Justice Minister Donner and Interior
Minister Remkes submitted to the Second Chamber of
Parliament CT Coordinator Joustra's plan to streamline Dutch
counter-terrorism policies. As expected (reftels),the plan
establishes an office of National CT Coordinator (NCTb) by
January 1, 2005, under the joint authority of Justice and
Interior. The Justice Minister will have primary
responsibility in handling situations of "acute" threat,
while the Interior Minister will be in charge of crisis
control operations. The Ministers noted that recent
incidents have highlighted the existence of a potential
terrorist threat in the Netherlands, and "based on
experiences, insights and recommendations, the Cabinet
concluded there were reasons for new steps and measures."
Justice Ministry is preparing a full translation of the 26-
page plan (expected by week's end); meanwhile, Embassy
offers this quick summary.

More Efficient Central Organization
--------------

2. To improve the process of shaping and coordinating CT
policy, currently spread over several departments, the CT
activities of the Justice and Interior Ministries will be
merged into one organization led by the National CT
Coordinator (currently Tjibbe Joustra),who will be charged
with preparing general CT policies. The National
Coordinator for Surveillance and Security (NCBB) will also
become part of the NCTb organization. The Coordinator's
activities will fall entirely under ministerial
responsibility (both Justice and Interior) and will be
funded by the Justice Ministry.


3. The NCTb will also act as "process director" in areas
indirectly related to CT, such as:
- identification of possible targets and development of
protection measures (including the critical infrastructure
protection and alerting projects); and
- assessment and monitoring of policy areas where other
departments have primary responsibility, such as terrorist
financing and NBC terrorism.

Threat Assessment/Information/Alert System
--------------

4. An expertise and analysis center will be created under
the NCTb, in which the AIVD (general) and MIVD (military)

intelligence services, the Immigration and Naturalization
Service (IND),the Kmar military police, the fiscal and
economic control services (FIOD/ECD),Customs and Foreign
Affairs will participate. The Coordinator will also be
responsible for communicating information to the public in
case of terrorist threats. An alerting system is being
developed for early 2005 and will be introduced in stages.
This color-coded system is supposed to determine the state
of alert and measures required. The Justice Minister will
announce code changes. Currently, consultations are being
held with the private sector about measures to be taken
during each of the different coding phases.

Responsible CT Minister in "Acute Threat" Situations
-------------- --------------

5. Legislation will be submitted giving the Justice
Minister primary responsibility for taking measures in
"acute threat" situations, even in areas of other Ministers.
The measures may include evacuations, roadblocks, stopping
train or aircraft transport, or discontinuing
telecommunications in certain regions. In anticipation of
this law, the Cabinet plans to enable the coordinating CT
(Justice) Minister to make use of these new authorities on
the basis of a Royal Decree on the recommendation of the
Prime Minister. The Interior Minister will remain in charge
of crisis control operations in the event of actual
disasters/terrorist attack.

Disrupting Suspicious Activity
--------------

6. Following the Madrid bombing, AIVD, police, the public
prosecutor's office and IND began new cooperation to
identify and "disrupt" suspicious activity. Under this new
CT plan, MIVD will also participate in that effort. To
prevent delays in achieving preventative action when it cuts
across various agencies, the Cabinet gave the Justice
Minister final responsibility to "disrupt" suspicious
activity. This means the Justice Minister can ask his
ministerial colleagues for help from services/organizations
falling under their responsibility.

Plans for Additional Legislation
--------------

7. In order to prevent possible terrorist attacks, the
Cabinet plans to submit additional proposals to Parliament:

- lower the threshold for granting use of special
investigation methods, such as phone taps, infiltration and
surveillance. The Cabinet believes an "indication" of
persons or groups preparing an attack is sufficient reason
for use of these methods, instead of the current requirement
of "concrete suspicion";
- authorize the prosecutor to request data from private
organizations, not allowed under the Privacy Protection Act,
in order to obtain information about persons being recruited
for terrorism;
- authorize a public prosecutor to designate certain areas
within a locality for building and personal searches, in the
case of a specific threat; and
- simplify procedures for extending a suspect's detention
after having being taken into custody. The Cabinet wants to
enable the examining judge to extend a suspect's detention
by another 10 days based on "normal suspicion" rather than
the current "serious objections" standard.

Non-Profit Organizations/Breeding Ground for Terrorism
-------------- --------------

8. The Cabinet is also considering measures to require
greater transparency for foundations through increased
government control and sanctions. The Cabinet will also
shortly submit a separate report to the Second Chamber
describing plans to prevent, isolate and curb radicalization
and disintegration of society.

Sobel