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MINISTRY OF FINANCE
Directie Financial Markets
Schoolplein Advocaten
Attn Atty. R. Vleugel
P.O. Box 13319
3507 LH UTRECHT
29 Jan 2007 Our Ref FM2007-00105M Information Integrity Dept
T 070-3428997
F 070-3427984
Subject: Decision Sison
Dear Sir,
In your letter of 22 November 2006, you requested on behalf of your client J.M.C. Sison to grant an authorization on the basis of Article 5 of the European regulation No. 258012001 of 27 December 2001 regarding specific restricting measures against definite persons and entities with the view of the fight against terrorism (Pb L344) (hereafter the regulation) from the frozen assets for the purpose of applying these to essential living needs of your client.
Juridical analysis
On the basis of Article 2, first paragraph, parts of a and b of the regulation, the assets, financial and other economic means of persons mentioned in the lists connected with this regulation are frozen and it is forbidden to provide assets, financial and other economic means to those on the list attached to this regulation Mr. Sison was put on this list on 28 October 2002.
On the basis of Article 5, first paragraph of the regulation, the Minister of Finance is authorized to grant a specific authorization to make available frozen assets and other financial and economic means for persons on the aforementioned list to use.
Regarding the utilization of this authority, I consider the following.
On the basis of a unanimous decision of the member states, the Council of the European Union decided to put Mr. Sison on 28 October 2002 on the list of persons who commit terrorist acts or try to commit, or participate in committing such acts or facilitate the carrying out of such acts. In that connection, the regulation has given to the member states the discretionary authority to grant, on humanitarian grounds, an authorization to sue frozen assets.
Mr. Sison is a refugee whose process has been finished ("uitgeprocedeerde vluchteling"). He has not been granted a permit to stay and he ought to leave the country ("hij dient het land te verlaten"). Also for that reason , by decision of the authorities, no benefits, such as allowances ("geen vergoedingen, zoals uitkeringen") are given. As long as Mr. Sison does not act according to the circumstance that provides him no permit to stay and he chooses to stay in The Netherlands, he is dependent for his living needs on his own financial reserves. Since Mr. Sison's own assets are frozen, it is in this case not unreasonable to grant an exemption ("ontheffing") for humanitarian reasons and for primary living needs. Mr. Sison can therefore make use of his own financial reserves to take care of essential human needs.
Decision
Considering Article 5, second paragraph of the regulation, I grant from what is defined in Article 2, first paragraph, subpart a and b of the regulation (freezing of means) a specific authorization to the Postbank N.V. to release monthly an amount of E 500 from the Giro Account 5822994 in the name of J.M.C. Sison.
The authorization can be changed or withdrawn, if later it turns out that with the application for the authorization incorrect or incomplete data have been provided, and knowledge concerning the correct and complete data would have led to a different decision and further as soon as the circumstances, as they are at the moment, change.
A copy of this decision is sent to the Nederlandsche Bank N.V.
On the basis of the General Administrative Law, you can file a complaint against this decision within six weeks. The complaint must be addressed to the Minister of Finance, directie Financial Markets, Department Integrity, P.O.Box 20201, 2500 EE The Hague
With the signed complaint, there must be:
- your name and address;
- the date
- mention of the administrative organ which has taken the decision and as far as possible the date and character ("kenmerk") of the decision
- a presentation of the reasons why you do not agree with the decision.
THE MINISTER OF FINANCE
In his name,
THE VICE TREASURER-GENERAL
(sgd.) Dr. B. ter Haar
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