US embassy cable - 04THEHAGUE2831

C O N F I D E N T I A L THE HAGUE 002831 
 
SIPDIS 
 
STATE FOR EB/ESC/TFS (EGOFF), S/CT (TKUSHNER) 
STATE ALSO IO/PHO (APEREZ), EUR/UBI AND EUR/ERA 
NSC FOR MRUPPERT 
TREASURY (JZARATE) AND OFAC 
USEU FOR JUNDERWOOD 
 
E.O. 12958: DECL: 11/02/2014 
TAGS: KTFN, ETTC, EFIN, PTER, PREL, NL 
SUBJECT: DUTCH TO SUPPORT EU DESIGNATION OF LEBANESE 
HIZBALLAH 
 
REF: THE HAGUE 2331 
 
Classified By: CLASSIFIED BY ECONOMIC COUNSELOR RICHARD HUFF. 
REASONS 1.4 (B) AND (D). 
 
1.  (U)  On November 1, Dutch Foreign Minister Bot informed 
the Dutch Second Chamber (lower house of parliament) of the 
GONL's intentions to seek EU designation of both the 
political and military branches of the Lebanese Hizballah. 
The GONL previously had maintained a distinction between the 
two branches and only supported EU designation of the 
military branch. 
 
2.  (C)  A Dutch MFA contact confirmed to Econoff on November 
2 that FM Bot's message to the parliament marked a change in 
the GONL's position on Hizballah.  FM Bot had told the 
parliament last year of the GONL's plans to have the Dutch 
Intelligence Services (AIVD) look into links between the two 
branches.  The MFA contact noted that an AIVD report released 
to the MFA two weeks ago supported strong ties between the 
two branches.  Based on this report, the GONL agreed to 
change its position on designation of the political branch. 
The Dutch plan to lift their reservations and actually argue 
for EU designation of both branches of Hizballah at the 
November 10 Clearinghouse.  However, this contact was not 
optimistic about reaching a consensus on designation among EU 
member states in the Clearinghouse.  Without even a consensus 
on designation of the military branch, he noted that 
consensus on designation of the political branch was even 
less certain. 
 
3.  (U)  As reported reftel, the Netherlands does not need to 
rely upon a Clearinghouse decision to go forward with a 
designation at the national level and subsequent asset 
freezing and seizure actions.  Nonetheless, Dutch officials 
have repeatedly expressed concerns that such actions are 
vulnerable to challenge in local courts without legally 
sufficient supporting evidence.  As a result, Dutch officials 
prefer to act under the umbrella of the EU Clearinghouse 
process.  Proposals are under consideration in the Dutch 
parliament to shift the burden of proof in the Dutch Asset 
Seizure Act from the Public Prosecutor to the criminal. 
SOBEL