Sanction State Ordinance 2006

AB 2007 no. 24 CENTRAL LEGISLATIVE REGISTER 16 April 2014 * ==================================================================== Title: LAND DECREE containing rules regarding the adoption of measures to comply with or implement international obligations Citation title: Sanction State Ordinance 2006 Location: AB 2007 no. 24 Amendments: AB 2009 no. 14 (inwtr. AB 2009 no. 16); AB 2013 no. 77; AB 2014 no. 11 (inwtr. AB 2014 no. 12) ====================================================================== §1 Definitions

Article 1
In this Land Decree and the provisions based thereon, the following terms are understood as:
international decision : a decision of an organ of an organization under public international law, or an international agreement aimed at maintaining or restoring international peace and security, promoting or restoring the international legal order, or combating terrorism; sanction decision : a Land decision containing general measures as referred to in Article 2, first paragraph; the Ministers : the Minister of General Affairs and the minister or ministers responsible for ensuring compliance with obligations contained in a treaty or an international decision; the Minister : the minister responsible for financial affairs. §2 Implementation

Article 2

1. To comply with a treaty or an international decision to which Aruba is bound, where such compliance requires that rules be established that apply or may apply locally and impose a restriction or prohibition on, or an obligation upon, residents, rules shall be established by Land decision containing general measures.
2. If an international decision obliges Aruba to implement it without delay, the Ministers may decide that the hearing of the Council of Advice regarding the relevant Land decision shall be dispensed with. In such cases, the words "the Council of Advice having been heard", as well as the comma before and after them, shall be omitted from the form of promulgation referred to in Article 6 of the Land Decree on Promulgation and Entry into Force (AB 1992 no GT 2) of the relevant Land decision.

Article 2a
Article 2 applies mutatis mutandis to regulations or decisions adopted within the framework of the European Union's common foreign and security policy, insofar as they are aimed at maintaining or restoring international peace and security or promoting the international legal order.

§3 Sanction Decisions

Article 3

Rules established in a sanction decision may include restrictions on international services and financial traffic, shipping and air traffic, and postal and telecommunications traffic to and from Aruba; they may deviate from rules established in Land decrees.

Article 4

Rules established in a sanction decision that in some manner aim to infringe upon one of the fundamental rights mentioned in Articles I.3, I.8, I.16 (first paragraph), and I.19 (first paragraph) of the Constitution of Aruba (AB 1987 GT no. 1) are binding only insofar as the individual natural and legal persons, groups, or entities against whom these rules are directed are described or identified with sufficient clarity that there is no doubt regarding their identity.

Article 5

1. The Ministers designated in the sanction decision may, by ministerial regulation, grant exemptions from provisions in that sanction decision and, upon written request, dispense with them by ministerial order.
2. A dispensation may be subject to provisions, conditions, or restrictions necessary to minimize the consequences of non-compliance with obligations imposed on Aruba.
3. The Ministers referred to in the first paragraph shall revoke a dispensation if:
   a. the data provided to obtain it prove to be so incorrect or incomplete that, had all correct circumstances been fully known at the time of assessment, a different decision would have been made; or b. the provisions, conditions, or restrictions attached to the dispensation have not been complied with by the concerned party.
4. The Ministers may revoke a dispensation if the general interest so requires.
5. The decision to grant or revoke a dispensation is made in writing and contains the reasons therefor.
6. Notice of the granting of a dispensation is published in the Landscourant of Aruba, stating the reasons.

Article 6

1. The Minister may, with a view to proper implementation and supervision of compliance with a sanction decision concerning financial traffic, establish further rules regarding the manner in which administrative organization and internal control are conducted by:
   a. enterprises, cooperative associations, and foundations that, on the basis of the Trade Register Ordinance (AB 1991 no. GT 15), the Land Decree on Cooperative Associations (AB 1987 no. GT 8), and the Land Decree on Foundations (AB 1999 no. GT 3), are required to be registered in the designated registers; b. associations recognized as moral persons, referred to in Title IX of Book Three of the Civil Code of Aruba (AB 1989 no. GT 100). Before the Minister establishes such rules, the Central Bank is consulted. In such cases, the words "the President of the Central Bank of Aruba having been heard", as well as the comma before and after them, appear in the form of promulgation referred to in Article 6 of the Land Decree on Promulgation and Entry into Force (AB 1992 no GT 2) of the relevant Land decision.
2. The Minister may, by ministerial regulation, grant exemptions or, upon written request, dispense with rules established under the first paragraph by ministerial order. Article 5 applies mutatis mutandis.
3. The promulgation of decisions established under this article is carried out by publication in the Landscourant of Aruba.

§4 Confidentiality

Article 7

1. Data and information provided or obtained in accordance with this Land Decree concerning individual natural and legal persons, groups, and entities, as well as data and information received from an institution referred to in Article 8, shall not be published and are confidential.
2. Any person who, by virtue of the application of this Land Decree or decisions taken under it, performs certain tasks is prohibited from using or giving further publicity to data or information provided or obtained in accordance with the aforementioned articles, or from institutions referred to in Article 8, or from data or information obtained during the examination of business records and documents, beyond what is necessary for performing their task or required by this Land Decree.
3. Paragraph 2 does not affect, with respect to those to whom it applies, the obligation to make a statement as a witness in criminal cases regarding data or information obtained while performing their task under this Land Decree, in accordance with the Code of Criminal Procedure of Aruba (AB 1996 no. 75). It also does not affect the obligation to make a statement as a witness, party, or expert in civil cases during a hearing of parties, in accordance with the Code of Civil Procedure and Bankruptcy Ordinance of Aruba, provided that such obligation applies only to enterprises or institutions declared bankrupt or dissolved by a court decision, and does not apply to data or information concerning enterprises or institutions involved or having been involved in an attempt to enable the relevant enterprise or institution to continue its business or purpose.

§5 Information Exchange

Article 8

The Minister, without prejudice to provisions in binding decisions of international organizations and in derogation of Article 7, is authorized to provide data or information obtained while performing their task under this Land Decree to Aruban or foreign government authorities, or to Aruban or foreign institutions designated by public authority responsible for supervising compliance with or implementing treaties or international decisions and the rules established under that article, unless:
a. the provision of data or information is reasonably contrary to or may conflict with the interests this Land Decree aims to protect; b. the purpose for which the data or information will be used is insufficiently determined;
c. it is not sufficiently guaranteed that the data or information will not be used for a purpose other than that for which they were provided;
d. the confidentiality of the data or information is not sufficiently guaranteed; or e. the provision of data or information would not be compatible with Aruban law or public order.

§6 Administrative Enforcement

Article 9

1. The Minister may impose a coercive fine to enforce rules established under Article 6, first paragraph.
2. The Minister determines the coercive fine as either a lump sum or an amount per time unit during which the obligation is not fulfilled, or an amount per violation of the obligation. The determined amount must be in reasonable proportion to the seriousness of the infringed interest and the intended effect of imposing the coercive fine.
3. The order imposing a coercive fine under this article specifies a period during which the offender may fulfill the obligation without forfeiting the coercive fine.
4. Forfeited coercive fines accrue to the Land and are accounted for as funds of the Ministry of Finance.

Article 10

1. For a violation of rules established under Article 6, first paragraph, the Minister may impose a fine within six months after the violation is established.
2. The amount of the fine is Afl. 1,000 for each day the offender has been negligent, provided that the fine for a separate violation may not exceed Afl. 100,000.
3. The Minister increases the fine by fifty percent if less than one year has elapsed since a previous fine for violation of provisions under Article 6, first paragraph, became final.
4. The Minister may moderate the fine amount if it appears disproportionately high in a specific case due to special circumstances.
5. Paid fines accrue to the Land and are accounted for as funds of the Ministry of Finance.

Article 11
A person against whom an action by the Minister is directed, to which they could reasonably attach the consequence that a fine under Article 10, first paragraph, will be imposed, is not obliged to make any statement regarding it. They are informed of this before being asked for information orally.

Article 12

1. If the Minister intends to impose a fine under Article 10, first paragraph, they notify the concerned party of this intention, stating the grounds upon which it is based.
2. The Minister gives the concerned parties the opportunity to submit their views in writing or orally before the fine is imposed.

Article 13

1. The Minister imposes the fine under Article 10, first paragraph, stating:
   a. the actions regarding which the fine is imposed; b. the violated provisions;
   c. an indication of where and when the violation was established;
   d. how the fine amount was determined; e. the period within which, the place where, and the manner in which the fine must be paid.
2. A fine under the first paragraph is enforceable from the expiration of the period within which the offender may file an objection in accordance with the Administrative Law Ordinance (AB 1993 no. 45).

§7 Collection of Administrative Enforcement

Article 14

1. If a forfeited coercive fine or fine is not paid within the period determined by the Minister, they notify the offender in writing within two weeks to pay the amount of the coercive fine or fine, increased by collection costs.
2. In case of non-payment, the Minister may collect the amount and costs referred to in the first paragraph, increased with collection costs, by means of a writ of execution; the writ is issued by the Tax Collector and is exempt from stamp duty.
3. The Tax Collector, when issuing a writ of execution under the second paragraph, acts in accordance with the instructions contained in Chapter I of the Land Decree on the Collection of Taxes, Contributions, and Fees by Means of Writs of Execution, as well as on the Legal Proceedings Concerning Taxes, Contributions, and Fees (AB 1988 no. GT 12).
4. A writ of execution under the second paragraph is an order within the meaning of the Administrative Law Ordinance (AB 1993 no. 45); in derogation of Articles 9, fourth paragraph, and 23, fourth paragraph, of that Land Decree, filing an objection or appeal against the writ suspends the operation of the order.

§8 Supervision

Article 15

1. Supervision of compliance with this Land Decree or provisions based thereon is entrusted to officials designated by the Minister, as well as, if such compliance must be carried out by persons or institutions subject to supervision by the Central Bank of Aruba or persons working at this institution, to persons designated by the President of the Central Bank of Aruba and working at this institution. A designation under the first paragraph is published in the Landscourant of Aruba.
2. The persons designated under the first paragraph are, exclusively insofar as reasonably necessary for performing their tasks, authorized to:
   a. request all information; b. inspect all business books, documents, and other information carriers and take copies or temporarily remove them for this purpose;
   c. subject goods to collection and examination and temporarily remove them for this purpose;
   d. enter all places, except dwellings without the explicit consent of the occupant, accompanied by persons designated by them.
3. If necessary, they obtain access to a place under paragraph 2(d) with the assistance of the strong arm.
4. The exercise of tasks by persons referred to in paragraph 1 is subject to the Land Decree on General Provisions regarding Supervision (AB 1998 no. 70).
5. Any person involved in actions described in a sanction decision shall provide all cooperation and furnish all information required by the supervisors designated under paragraph 1 for performing their task under this Land Decree.

Article 16
(repealed)

§9 Penal Provisions

Article 17

1. A person who intentionally acts in violation of a sanction decision is punishable by imprisonment of up to six years or a fine of the fifth category.
2. A person who acts unintentionally in violation of a sanction decision is punishable by detention of up to one year or a fine of the fourth category.
3. A person who acts in violation of provisions attached to an exemption or dispensation under Article 5, second paragraph, or acts in violation of Article 15, fifth paragraph, is punishable by detention of up to six months or a fine of the third category.

Article 18

1. The offense penalized in Article 17, first paragraph, is a criminal offense (misdrijf).
2. The offenses penalized in Article 17, second and third paragraphs, are infractions (overtredingen).

Article 19

The Aruban Criminal Code applies to residents of Aruba who commit an offense penalized under or by virtue of this Land Decree while outside Aruba.

Article 20

1. The Sanction Ordinance (AB 1997 no. 64) is repealed.
2. This Land Decree enters into force on the day following its publication in the Promulgation Gazette of Aruba.
3. It may be cited as the Sanction State Ordinance 2006.