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### Viewing cable 06THEHAGUE2277, SCENESETTER FOR ATT...

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Reference ID | Created | Released | Classification | Origin
--- | --- | --- | --- | ---
06THEHAGUE2277 | 2006-10-19 15:03 | 2011-01-17 19:07 | UNCLASSIFIED//FOR OFFICIAL USE ONLY | Embassy The Hague

`

    VZCZCXRO4671
    OO RUEHAG RUEHAST RUEHDA RUEHDBU RUEHDF RUEHFL RUEHIK RUEHKW RUEHLA
    RUEHLN RUEHLZ RUEHROV RUEHSR RUEHVK RUEHYG
    DE RUEHTC #2277/01 2921525
    ZNR UUUUU ZZH
    O 191525Z OCT 06
    FM AMEMBASSY THE HAGUE
    TO RUEHC/SECSTATE WASHDC IMMEDIATE 7164
    INFO RUEAWJA/DEPT OF JUSTICE WASHDC IMMEDIATE
    RUEHZL/EUROPEAN POLITICAL COLLECTIVE
    RUEHAT/AMCONSUL AMSTERDAM 1618

` `

    UNCLAS SECTION 01 OF 05 THE HAGUE 002277

    SIPDIS

    JUSTICE FOR OIA-JFRIEDMAN
    JUSTICE FOR ANDREW BEACH, THERESA PAGLIOCCA

    SENSITIVE

    SIPDIS

    E.O. 12958: N/A
    TAGS: OVIP PTER SNAR PREL PGOV KJUS PINR NL
    SUBJECT:  SCENESETTER FOR ATT...

    ARNALL
    ",
    82501,10/19/2006 15:25,06THEHAGUE2277,"Embassy The Hague",UNCLASSIFIED//FOR OFFICIAL USE ONLY,,"VZCZCXRO4671
    OO RUEHAG RUEHAST RUEHDA RUEHDBU RUEHDF RUEHFL RUEHIK RUEHKW RUEHLA
    RUEHLN RUEHLZ RUEHROV RUEHSR RUEHVK RUEHYG
    DE RUEHTC #2277/01 2921525
    ZNR UUUUU ZZH
    O 191525Z OCT 06
    FM AMEMBASSY THE HAGUE
    TO RUEHC/SECSTATE WASHDC IMMEDIATE 7164
    INFO RUEAWJA/DEPT OF JUSTICE WASHDC IMMEDIATE
    RUEHZL/EUROPEAN POLITICAL COLLECTIVE
    RUEHAT/AMCONSUL AMSTERDAM 1618","UNCLAS SECTION 01 OF 05 THE HAGUE 002277

    SIPDIS

    JUSTICE FOR OIA-JFRIEDMAN
    JUSTICE FOR ANDREW BEACH, THERESA PAGLIOCCA

    SENSITIVE

    SIPDIS

    E.O. 12958: N/A
    TAGS: OVIP PTER SNAR PREL PGOV KJUS PINR NL
    SUBJECT:  SCENESETTER FOR ATTORNEY GENERAL GONZALES VISIT TO
    THE NETHERLANDS, OCTOBER 25-27, 2006

    THE HAGUE 00002277  001.2 OF 005

    ¶1. (SBU) We warmly welcome your visit to the Netherlands,
    the first by an Attorney General since Attorney General
    Aschroft visited in September 2004.  There are four
    important issues where you can advance our law enforcement
    agenda:  (1) Establish a strong working relationship with
    new Minister of Justice Ernst Hirsch Ballin; (2) Launch a
    new bilateral dialogue on cyber crime, a major issue for
    both us and the Dutch; (3) Review with Eurojust the new
    relationship we will have as a result of our recently
    negotiated MOU; and (4) Engage in robust press outreach that
    emphasizes our common goals and answers our many critics
    here.  Accordingly, your schedule is built around a working
    lunch with Minister Hirsch Ballin, meetings with Interior
    Minister Remkes and Eurojust president Kennedy, and your
    welcoming address to the cyber crime conference.  We have
    also scheduled a press conference, a television interview
    and a one-on-one interview with the best weekly magazine in
    the Netherlands.

    Overview
    --------

    ¶2. (SBU) Dutch Parliamentary elections will be held on
    November 22.  The race appears to be a dead heat between
    Prime Minister Jan Peter Balkenende's center-right coalition
    and the left-of-center Labor party.  Balkenende came to
    power in 2001, but his government collapsed in August over a
    dispute regarding Dutch Parliamentarian Aayan Hirsi Ali's
    asylum application.  The Somali-born politician - a vocal
    critic of extreme Islam - is now in the United States with
    the American Enterprise Institute.  How to provide her
    adequate protection in Washington is the subject of
    continuing discussions between us and the Dutch, and the
    issue may come up during your visit as Hirsch Ballin is the
    key Dutch decision maker on this issue.

    ¶3. (U) Aside from the elections, the most significant news
    here is the Dutch economy, which has come to life in recent
    months.  Current projections show the economy growing at a
    rate of nearly 3 percent with unemployment falling below 5.5
    percent.  The economy is outperforming Eurozone averages for
    the first time in seven years.

    ¶4. (SBU) Our relations with the Dutch are excellent, aside
    from Guantanamo and negative public opinion of Iraq and
    other policies.  The Dutch are strong allies in the Global
    War on Terrorism, and currently have nearly 2,000 troops
    deployed in the heart of southern Afghanistan, where the
    Taliban are seeking to make a comeback.  A Dutch contingent
    also served in the early stages of the Iraq war.  Although
    they do not approve of our policies at Guantanamo, they are
    one of the few European countries engaging in serious
    dialogue on the issue with us.  Commercial relations are
    strong, with heavy U.S. investment in the Netherlands and
    heavy Dutch investment in the United States.  In your
    meetings and public remarks it will be important to
    emphasize the breadth of our cooperation and how much we
    value the Netherlands as a partner.

    ¶5. (SBU) Law enforcement cooperation is good and getting
    better.  While Dutch and EU data protection (privacy) rules
    and bureaucratic restrictions continue to hamper some direct
    police-to-police cooperation and information sharing, we
    have made significant progress in the last two years to
    advance our law enforcement priorities with the Dutch.  We
    expect interim Justice Minister Hirsch Ballin to continue
    former Minister Piet Hein Donner's pro-cooperation approach
    with us.

    Law Enforcement Presence
    ------------------------

    ¶6. (SBU) Our law enforcement presence here has tripled since
    9/11 and now constitutes a strong platform for our extensive
    law enforcement and counter-terrorism agenda with the Dutch,
    and for our nascent relationship with EUROPOL and Eurojust.
    Four U.S. law enforcement agencies operate from the Embassy,
    and represent 10 percent of the entire mission staff.

    -- DEA: The six-person office focuses on cocaine and ecstasy
    trafficking and works closely with the Dutch and other DEA
    offices in Europe and South America.  The Dutch are
    facilitating information sharing and allowing some
    controlled delivery operations for the first time.  The DEA
    office here is tied with Madrid as the largest in Western

    THE HAGUE 00002277  002.2 OF 005

    Europe.

    -- FBI: The bureau is represented by a Special Agent who was
    permanently assigned to The Hague in October 2005.  Since
    his arrival, there has been a dramatic increase in the level
    of cooperation between Dutch national police (KLDP) and
    intelligence service (AIVD) on information and intelligence
    sharing, cooperation on international investigations, and
    the initiation of joint investigations.  The Dutch have
    requested FBI assistance in cases ranging from the Hofstad
    Group (a home-grown terrorist cell) to the Natalee Holloway
    disappearance in Aruba.  The Legatt has direct access to the
    KLPD's counterterrorism unit, allowing him to be involved in
    all criminal counter-terrorism investigations.  Counter-
    terrorism and cyber crime are the two largest parts of FBI's
    portfolio here.

    -- DHS: Homeland Security is the largest U.S. law
    enforcement agency in the Netherlands.  DHS officers are
    stationed at the Port of Rotterdam and Schiphol Airport to
    scan cargo and check passengers destined for the United
    States.  DHS has 14 staff in the Netherlands, with plans to
    add at least two more in the coming year.  The DHS office
    covers Belgium and Luxembourg in addition to the
    Netherlands.

    -- Secret Service:  The service has one special agent
    stationed at EUROPOL with a primary focus on counterfeit
    currency.  His relations with EUROPOL colleagues are
    excellent.  The office was established in 2005.

    -- The Alcohol, Tobacco, Firearms and Explosives Agency is
    planning to assign an officer here starting in FY 2007.  The
    Postal Inspection Service has also expressed interest in
    establishing a presence here.

    Counter Terrorism
    -----------------

    ¶7. (SBU) The Dutch have strengthened their counter-terrorism
    capabilities since 9/11 in three significant ways.  First,
    they passed tough new legislation that provided new counter-
    terrorism tools for police and prosecutors, increased
    penalties for crimes committed with ""terrorist intent,"" made
    conspiracy to commit a terrorist offense a crime, and
    criminalized financial support for banned terrorist
    organizations on UN and EU asset freeze lists.  As of
    January 1, 2005, every person over the age of 14 in the
    Netherlands is obligated to carry valid identification and
    the police can demand that identification at any time.  More
    recent legislation has given prosecutors the ability to
    introduce classified material and sources into court
    proceedings, and expanded the ability of law enforcement
    agencies to share data.  The conviction of nine members of
    the Hofstad group in March marked the first successful
    prosecution in the Netherlands for membership in a terrorist
    organization, under 2004 legislation making such membership
    a criminal offence.

    ¶8. (SBU) As with us, new terrorism laws have been
    accompanied by increased attention to immigration.
    Backlash about a growing immigrant population helped bring
    Balkenende to power in 2001.  New immigration laws are very
    strict and include a requirement for immigrant visa
    applicants to pass an exam on Dutch history and culture and
    to learn Dutch.  The exam was so difficult that many Dutch
    natives failed the exam.  As a result of these strict laws,
    immigration is significantly down.  The number of foreign
    marriage partners and children immigrating to the
    Netherlands has fallen by 50 percent over the past two
    years.

    ¶9. (SBU) Second, the Dutch created a new agency specifically
    charged with coordinating counter-terrorism policy: The
    Office of the National Counter Terrorism Coordinator (NCTB)
    reports jointly to Hirsch Ballin and Remkes.  It became
    operational in January 2005 and is mandated with
    coordinating counter-terrorism efforts, including
    facilitating cooperation among the police, intelligence and
    prosecution services.  Like all new government agencies, the
    NCTB suffers from unclear lines of authority.  The CT
    Coordinator, Tjibbe Joustra, reports to both the Justice
    Minister, the designated coordinating minister for
    counterterrorism, and the Interior Minister, who oversees
    the police and the AIVD domestic intelligence service.  The

    THE HAGUE 00002277  003.2 OF 005

    merger of the Justice and Interior ministries into one
    ""super ministry"" for security was proposed in 2005, but
    consideration of the idea has been deferred until the new
    government takes office.  In addition to creating the NCTB
    the Dutch have significantly expanded their military and
    civilian intelligence bureaus.

    ¶10. (SBU) Third, the Dutch have greatly expanded cooperation
    with the United States, Britain and others.  They have been
    strong partners with us on border security initiatives, and
    were the first in Europe to host DHS's Container Security
    Initiative (CSI) and the Immigration Advisory Program.
    Schiphol Airport was willing to share passenger data with
    us, even in the face of EU criticism.  The Port of Rotterdam
    was also criticized by the EU for being the first to adopt
    CSI; other European ports claimed it was an unfair trade
    advantage.

    ¶11. (SBU) The government's quarterly terrorist threat
    assessment released October 16 maintained the threat level
    at ""substantial,"" the second highest of four threat levels.
    Substantial is defined as a ""realistic threat of an attack""
    in the Netherlands or on Dutch interests abroad.  The report
    highlights continuing concern about radicalization among the
    Dutch Muslim population as a factor in the assessment.  The
    Muslim community in the Netherlands is the second largest in
    Europe as a percentage of the population (5.8 percent), and
    is one of the least well integrated in Europe.

    Counter Narcotics
    -----------------

    ¶12. (SBU) We have made significant strides in counter
    narcotics cooperation with the Dutch.  DEA has successfully
    co-located special agents in two KLDP National Crime Squad
    (NR) units, dealing with cocaine and synthetic drug
    investigations.  Co-location has greatly enhanced effective
    cooperation, in particular police-to-police intelligence
    sharing, and has helped to link Dutch drug investigations to
    major ongoing DEA international operations.  Since 2005, DEA
    has been able to conduct controlled delivery (CD) operations
    without a formal MLAT request.

    ¶13. (SBU) Our main concern over the past five years has been
    stemming the flood of ecstasy from the Netherlands to the
    United States.  Through combined efforts by DEA and Dutch
    authorities, the number of ecstasy tablets seized in the
    United States that could be traced to the Netherlands
    dropped from over 5 million a year in the early 2000s to
    roughly 200,000 in 2004.  Dutch efforts against ecstasy were
    commended by President Bush in the 2006 International
    Narcotics Control Strategy Report (INCSR).  Cooperation
    against synthetic drug trafficking will likely remain our
    top focus in the foreseeable future.

    ¶14. (SBU) Police-to-police sharing goes both ways with the
    Dutch.  As a result of the October 2004 MOU between the KLDP
    and the El Paso Intelligence Center (EPIC), the KLDP can now
    run intelligence checks through the EPIC Watch Center 24
    hours a day; the KLPD is the only European police agency
    with such access.  EPIC access has helped foster closer
    police-to-police intelligence sharing.  For example, the
    Dutch have agreed to share names on the ""blacklist"" of drug
    couriers arrested at Schiphol airport; as a result, over
    6,000 drug couriers have been entered into DEA databases.
    Since May 2005, the Dutch have participated in DEA's
    International Drug Enforcement Conference (IDEC) as
    observers; they will become a full IDEC member at the next
    conference in Madrid in May 2007.

    Cyber Crime
    -----------

    ¶15. (U) The bilateral cyber crime conference that you will
    open with Hirsch Ballin and the Ambasasdor on October 26
    will bring together 40 U.S. and Dutch policy-makers,
    prosecutors and police for in-depth discussions on effective
    approaches to combating cyber crime.  In addition to
    detailed discussions of mechanisms for effective cooperation
    on cyber crime, the conference will include sessions on
    combating use of the Internet for child pornography,
    terrorism and radicalization, and scams and frauds.  U.S
    delegates include DOJ prosecutors, cyber crime and
    international affairs experts, and FBI, Secret Service, and
    DHS officials.

    THE HAGUE 00002277  004.2 OF 005

    ¶16. (U) Long the gateway to Europe via sea and air, the
    Netherlands is quickly becoming a digital gateway as well.
    It now tops the world in broadband internet penetration,
    along with South Korea.  Because of the high connectivity of
    the country, the Dutch allocate substantial energy to
    combating child pornography, internet radicalization and on-
    line scams and frauds.  The National Prosecutor just
    released a four-year strategy that identifies cyber crime as
    one of his four priority law enforcement areas.  The FBI
    Legatt spends nearly half his time working on cyber crime
    cases.  The national police are forming a new high tech
    crime squad to investigate complex cyber crime cases.  Dutch
    prosecutors uncovered and are in the process of prosecuting
    one of the largest hacking cases to date. Cases like these
    will be discussed during the conference and help both
    countries develop a better understanding of what is required
    to combat cyber crime.

    Extraditions
    ------------

    ¶17. (SBU) We have an active extradition portfolio with the
    Dutch that generally runs smoothly, although sometimes
    slowly.  Extraditions cover a wide array of crimes, many
    drug-related.  So far this year, 8 suspects have been
    extradited.  Two high-profile cases merit your attention,
    the first involving a terror suspect, the second involving a
    well-known Dutch business executive whom we have indicted on
    corruption charges.

    ¶18. (SBU) The terror case concerns Iraqi-born Dutch citizen
    Wesam Al Delaema.  Al Delaema is the first individual to be
    indicted in a U.S. criminal case for terrorist activities --
    conspiracy to kill U.S. citizens and bomb U.S. property --
    in Iraq.  On October 11, Justice Minister Hirsch Ballin
    approved the extradition to the U.S. of Al Delaema.  In the
    extradition order, the Minister strongly refuted allegations
    by the defense and some opposition parliamentarians that, as
    a terror suspect, Al Delaema would not get a fair trail in
    the U.S.  Specifically, the Minister indicated he saw no
    reason ""not to trust the U.S."" to meet its commitments. Al
    Delaema's attorney has filed a request for an injunction
    against the extradition order.  We expect the Court to
    reject the request; resolution of the case will likely take
    two to three months, after which Al Delaema can be
    extradited.

    ¶19. (SBU) The well-connected Dutch business executive,
    Frederik Pluimers, was indicted in the U.S. on Foreign
    Corrupt Practices Act violations.  Although the Dutch
    Supreme Court in 2003 cleared the way for his extradition,
    the government has not taken any action to complete his
    extradition.  Pluimers is wanted, in his capacity as the
    director of the U.S. subsidiary of Seybolt International, in
    connection with bribes paid to Panamanian officials in 1995.
    Pluimers is very well regarded in Dutch business and
    political circles, however, and former Justice Minister
    Donner deferred action on his extradition in light of
    opposition from fellow Cabinet ministers.  Foreign Minister
    Bot wrote former Deputy Secretary of State Zoellick in late
    2005 to request that the USG drop its extradition request
    for Pluimers; following interagency consultation, Zoellick
    responded that we would not drop the request.  There has
    been no further action on the case.

    Detainee Issues
    ---------------

    ¶20. (SBU) The Dutch in general strongly oppose our detainee
    policies and Guantanamo, although we are making progress
    convincing them that the issues are far more complex than is
    often portrayed in public debates.  Foreign Minister Bot has
    called for the closure of Guantanamo, insisting detainees
    there are in a legal black hole.  He has also condemned the
    use of secret prisons.  In response to parliamentary
    demands, he called at the EU Foreign Ministers meeting in
    September for a resolution condemning the secret sites.  He
    has offered Dutch assistance in developing a detainee policy
    that satisfies international legal norms as the Dutch see
    them.  State Department Legal Advisor John Bellinger visited
    the Netherlands October 10-12 to discuss detainee policy,
    the recently-passed Military Commissions Act, U.S.
    interpretations of our obligations under international law,
    and the future of secret detention facilities.  Justice

    THE HAGUE 00002277  005.2 OF 005

    Minister Hirsch Ballin met with Bellinger and displayed an
    appreciation for the challenges we face, and may raise the
    issue during your meeting with him.

    Your Meeting with Justice Minister Hirsch Ballin
    --------------------------------------------- ---

    ¶21. (U) Ernst Hirsch Ballin took office September 21,
    following the resignation of Piet Hein Donner as Justice
    Minister over charges that he was negligent in not
    preventing a 2005 fire at a Schipol Airport detention center
    that killed several illegal immigrants.  Hirsch Ballin
    served previously as Justice Minister from 1989 to 1994.  He
    is a distinguished law professor with a background in
    international law.  Your working lunch with him provides an
    opportunity to establish ties with the new Minister and to
    express appreciation for improved bilateral law enforcement
    cooperation.  It would also be useful to thank him for the
    strong affirmation of trust in the U.S. justice system he
    presented in the Al Delaema extradition order, and to press
    him to move expeditiously on it once appeals are exhausted.
    You should also thank him for Dutch efforts to combat the
    ecstasy trade.

    Your Meeting with Interior Minister Remkes
    ------------------------------------------

    ¶22. (U) Interior Minister Remkes is responsible for crisis
    management and oversees the police and the domestic
    intelligence service.  His role in setting law enforcement
    and counter terrorism policy is limited.  Your meeting
    offers an opportunity to express appreciation for the
    improved direct police-to-police cooperation in combating
    terrorism, narcotics and organized crime.

    Your Meeting with Eurojust President Kennedy
    --------------------------------------------

    ¶23. (U) Your meeting with Eurojust President Michael Kennedy
    offers an opportunity to inaugurate a new relationship
    between the DOJ and Eurojust.  That relationship will be
    formally initiated during the November signing of a working
    agreement between MOJ and Eurojust.  You can use your
    meeting to focus on how best to utilize the new relationship
    and how to focus on critical enforcement areas.  This is
    also an opportunity to look forward to cooperation on
    implementing the Council of Europe cyber crime convention.

    Press
    -----

    ¶24. (U) We are working to arrange a press roundtable, a
    television interview, and a longer human-interest interview
    with a journalist from the Netherlands's most influential
    weekly newsmagazine.  We are working to arrange a press pool
    to cover your and Dutch Minister of Justice's opening
    remarks at the conference.  The Dutch media will be
    interested to learn about the outcomes of your meetings.
    This is a good opportunity to highlight bilateral law
    enforcement cooperation and commend progress made thus far.
    Journalists will also be interested in hearing about our War
    on Terror.  The Dutch press is generally fair in its
    reporting and your visit should produce some great coverage
    that will help spread our messages to a broad audience.

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