Transparency called for in combating foreign influence

The funding of civil society organisations may not be accompanied by undesirable foreign influence and abuse of the freedoms applicable in the Netherlands. For this reason, Minister for Legal Protection Sander Dekker has submitted a legislative proposal to the House of Representatives granting mayors and the Public Prosecution Service the power to inspect all donations from outside the European Union (EU) or the European Economic Area (EEA).

Minister Dekker:

'Our rule of law is founded on freedom and equality. Foreign funds intended to facilitate or coerce organisations into inciting hatred, discrimination or anti-democratic ideas have no place here. Organisations that welcome such donations should not be allowed to get away scot-free.'

The House of Representatives’ parliamentary committee of inquiry into the undesirable influence of unfree countries (abbreviated to ‘Pocob’) concluded earlier this year that undesirable influence exists as a result of foreign money flows to institutions in the Netherlands. The broad government response to this issue was submitted to the House of Representatives today. Furthermore, in its advice on the legislative proposal, the States General pointed out that the foreign funding of civil society organisations in the Netherlands may pose a risk to the democratic rule of law. Minister Dekker submitted a legislative proposal, which was adopted by the House of Representatives last month, that facilitates the prohibition of antidemocratic organisations that seriously threaten our society or aim to overthrow the rule of law. The legislative proposal on the Transparency of Civil Society Organisations that has been submitted encompasses the prevention of influence on our freedoms through donations. By doing so, Minister Dekker has implemented the coalition agreement.

Mayors, the Public Prosecution Service and any other specifically designated government bodies will be granted the power to make enquires with a civil society organisation about foreign donations and, if they prove to be substantial, to make further enquiries about the individual who has made the donation. This is possible, for example, if a threat to the public order exists arising from the problematic conduct of a civil society organisation. An organisation that fails to cooperate has committed an economic offence, while obstructive directors run the risk of having a directorship disqualification imposed for a maximum period of five years. Moreover, the mayor and the Public Prosecution Services may impose or have an incremental penalty payment imposed.