US embassy cable - 04THEHAGUE2308

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