US embassy cable - 04THEHAGUE382

S E C R E T THE HAGUE 000382 
 
SIPDIS 
 
EUR (STEPHENS), EUR/SCE (GREGORIAN/KOUMANS), S/WCI 
(PROSPER), TREASURY OFAC (NEWCOMB) 
 
E.O. 12958: DECL: 02/12/2014 
TAGS: PREL, MOPS, EFIN, ETTC, KAWC, BK, MK, HR, GM, CY, HU, SL, SZ, YI, NL, ICTY, NK 
SUBJECT: OPERATION BALKAN VICE III:  THE NETHERLANDS 
 
REF: STATE 27291 
 
Classified By: CLASSIFIED BY POLITICAL COUNSELOR MARY DALY FOR REASONS 
1.5 (B AND D). 
 
 1. (S) EmbOffs delivered reftel demarche to Dutch Ministries 
of Finance and Foreign Affairs respectively on February 9 and 
10.  Dutch MFA Western Balkans Chief Klaas van der Tempel 
expressed support for the action, noting the GONL had been 
active last year in arguing for EU visa restrictions on 
similar individuals.  He said enacting visa restrictions on 
the individuals identified reftel would be relatively 
straight-forward and that they would encourage such action in 
this case. 
 
2. (S) Freezing of assets, he said, was a more complex 
matter.  For the Dutch, this would require evidence that 
would stand up if challenged in a Dutch court.  EmbOffs 
pushed back, arguing that PIFWCs or their supporters would be 
unlikely to challenge an asset freeze, fearing that such 
action would smoke them out of hiding.  Van der Tempel also 
made clear that, in the Dutch view, any action they took 
would have to be undertaken pursuant to EU regulation which 
does not now exist, adding that a Security Council Resolution 
directing such action would be optimal.  He noted that this 
issue was on the agenda of the EU COWEB, which he termed a 
good start.  He also suggested that proof of links between 
these individuals and Karadzic, Mladic and Gotovina will be 
needed in order to get EU partners to agree to an asset 
freeze.  Concerning asset freeze against the three principal 
PIFWCs, van der Tempel saw less difficulty given their 
indicted status, and EmbOffs noted that this would presumably 
apply to all indictees.  In general he said that the GONL 
supports taking such action and saw no political arguments 
against an asset freeze.  He took note of the Secretary's 
communication on this issue with the Irish Presidency and 
said it would be helpful if the Irish put this issue on the 
table in EU Councils. 
 
3. (S) Emboff also delivered demarche to Erik Ligthart in the 
Ministry of Finance's Integrity Division.  Ligthart said that 
he would convey information to the AIVD (Dutch Intelligence 
Service) so they would be positioned to screen for possible 
accounts of these individuals in the Netherlands.  Since the 
Dutch have no freeze regime in place directed at the 
individuals named reftel, they cannot direct their banks to 
freeze accounts at this point.  In terms of the political 
decision to enact a freeze, the Finance Ministry defers to 
MFA. 
SOBEL