On Tuesday, November 25, the Committee for Justice and Security is organizing an expert meeting on the bill Transparency Act and combating undermining by social organizations (35,646). The meeting was prompted by concerns about the consequences of amendments adopted in the House of Representatives, particularly the possible constitutional and rule of law implications.
The bill amends the Civil Code, the Trade Register Act 2007, and the Economic Offenses Act. Social organizations are required to provide insight into donations originating from outside the EU or the EEA. In addition, foundations are required to deposit their balance sheets and profit and loss accounts with the trade register. The bill does not apply to political parties.
With these measures, the bill aims to prevent social organizations from being unduly influenced by donations from abroad. Such funding can pose a threat to the democratic rule of law. Therefore, the mayor, the public prosecutors office, and other designated government agencies have the authority to inquire about foreign donations to social organizations. This includes foundations, associations, religious communities, and foreign legal entities. If these donations are large, additional information about the donor can be requested.
In addition, foundations must henceforth deposit their financial statements with the trade register. Supervisory and enforcement agencies can access this information. This is intended to help prevent misuse, such as money laundering and financing terrorism.
Following the memorandum of amendment, the public prosecutors office may request the court to apply enforcement measures. The scope has also been expanded: it now concerns all donations received by social organizations, regardless of the source of the funds.
Experts invited include Charlotte Baarda, researcher and policy advisor at the Netherlands Institute for Human Rights; Yvette Kleekamp, Public Affairs advisor at Goede Doelen Nederland; Rinus Otte, chairman of the Board of Procurators General of the Public Prosecution Service; Susanne Scheepers, board member of the Dutch Association of Mayors/mayor of Simpelveld; and Ellen Timmer, spokesperson for financial privacy at Privacy First.
The meeting will take place on November 25 from 8:00 PM to 10:00 PM and can be attended in person or followed and replayed via livestream.
