News item | 08-07-2022 | 15:00
On a proposal from Minister Yeşilgöz-Zegerius of Justice and Security, the Council of Ministers has approved a bill that should criminalize more forms of espionage. Many espionage activities are already punishable under Dutch law. Think of classic espionage such as violating state and company secrets. However, criminal law still has insufficient scope to act if there are no state, official or business secrets or if other acts are performed for foreign powers. This concerns, for example, the collection and delivery of packages, the tracking of people and the distribution of information. While such activities can also lead to a danger to national security or to the safety of persons. This bill changes that.
Minister Yeşilgöz-Zegerius: “Endangering Dutch interests through espionage must be severely punished. That is why it is good that a maximum prison sentence of 8 years can soon be imposed on persons who carry out espionage activities for a foreign government. With this bill I want to ensure better protection of our national security now that the threat is increasing and I give substance to an important ambition from the coalition agreement.”
Espionage activities for foreign governments
The bill makes it an offense to perform espionage activities for a foreign government and thereby endanger important Dutch interests, such as national security and the safety of persons. An example of this is that a person living in the Netherlands, who has previously had contact with an intelligence officer of a foreign regime, travels from the Netherlands abroad and takes documents with him at the request of the spy. A prison sentence of up to 8 years can be imposed for this. In addition, persons who incite others to perform such acts for another country are also punishable under the new provision. Because espionage activities are increasingly taking place digitally, the penalty for a number of computer offenses is increased by a third when they are committed for a foreign power.
Diaspora Espionage
Foreign powers are also increasingly trying to exert influence within communities in the Netherlands that originate from those countries. This is also known as diaspora espionage. For example, data is collected – openly and secretly – and attempts are made to influence citizens from this community based on their own (alleged) interest. In doing so, it does not shy away from mobilizing members of the community to silence or pressure opponents and critics within those communities to otherwise cooperate. This too will be punishable under the new law.
guarantees
In many cases, contact, cooperation or the exchange of information with foreign governments is not punishable and should not be punished. After all, the Netherlands is an open society, in which contact with foreign governments, companies, scientists, journalists and between citizens is and must remain possible. That is why espionage activities are punishable only if conduct is carried out for foreign governments that damage important Dutch interests, such as national security and the safety of persons, and if the person carrying out the activities is aware that he is creating danger. for these interests and also intends or accepts this.
The reason for the bill is partly the Threat Assessment State Actors 2021 that the National Coordinator for Security and Counterterrorism (NCTV) has drawn up together with the General Intelligence and Security Service (AIVD) and the Military Intelligence and Security Service (MIVD). In this threat assessment, the threat from various state actors is outlined and also which possible targets they aim at.
The internet consultation for this bill took place at the beginning of this year. The Council of Ministers has now agreed to send the bill to the Council of State for advice.