Banda case: Trial to open on November

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Trial Chamber IV of the International Criminal Court (ICC) scheduled the opening of the trial in the case The Prosecutor v. Abdallah Banda Abakaer Nourain on 18 November 2014, for three charges of war crimes allegedly committed in Darfur, Sudan. On 16 April 2014, Trial Chamber IV had vacated the date of the opening of the trial in this case, initially scheduled for 5 May 2014, in view of logistical difficulties encountered. Background: Abdallah Banda faces three charges of war crimes (violence to life in the form of murder, whether committed or attempted; intentionally directing attacks against personnel, installations, material, units or vehicles involved in a peacekeeping mission; and pillaging). These crimes were allegedly committed in an attack carried out on 29 September 2007, against African Union Peacekeeping Mission in Sudan, at the Haskanita Military Group Site, in the Umm Kadada locality of North Darfur, Sudan. While the case initially involved Saleh Mohammed Jerbo Jamus, Trial Chamber IV terminated the proceedings against him on 4 October 2013, upon receiving evidence pointing towards his death. Abdallah Banda is not in the Court’s custody as he is facing trial under a summons to appear. The situation in Darfur was referred to the ICC by United Nations Security Council resolution 1593 on 31 March 2005, under article 13(b) of the Rome Statute.

Ambassadors receive Certificate of Merit

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Three Ambassadors receive Certificate of Merit.   By Bonnie Klap, Editor in Chief.  As has become a regular event by now, three more parting Ambassadors received the Certificate of Merit on behalf of the Diplomat Magazine. The Certificates were  awarded as a token of gratitude for  their contribution to the bi-lateral ties between The Netherlands and their countries and their support for the Diplomatic Community and the Diplomat Magazine.
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Ambassador George Troup of New-Zealand
  The recipients were  Ambassador Markus Börlin of Switzerland, Ambassador George Troup of New-Zealand and Ambassador Gazmend Barbullushi of Albania. Ambassador Börlin has served his country for 4 years and was a well known and well liked Diplomat. Ambassador  George Troup also served his country for 4 years. He and his charming wife Hillary were familar faces at the numerous Diplomatic events in The Hague and beyond. Ambassador Troup  will return to New-Zealand and enjoy his well-deserved retirement. Ambassador Gazmend Barbullushi has served his country for a full 5 years, during which he has  worked hard  to develop tourism to Albania.
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Marc Stokbroekx, Ambassador Markus Börlin of Switzerland and Roy Lie.
 
Certificate of Merit – Ceremony of Merit- Farewell ceremony
Please open this link to read about our previous Certificate of Merit recognition to parting ambassadors: https://diplomatmagazine.eu/2014/07/06/parting-ambassadors-receive-certificate-merit/    

A Royal Passion for Art

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Exhibition ‘A Royal Passion for Art’ in Luxembourg from 12th July to 12th October 2014 The ‘Villa Vauban’ museum in Luxembourg City will host the exhibition ‘A Royal Passion for Art’ from 12th July to 12th October 2014. The exhibition was hosted by the ‘Dordrechts Museum’ until 15th June 2014 and pays tribute to the extensive art collection of William II, King of the Netherlands and Grand-Duke of Luxembourg, and his wife Anna Pavlovna, marking the historical connection between Luxembourg and the Netherlands. In case you missed the much acclaimed exhibition in Dordrecht, you will have the occasion to combine a visit to this important event of Dutch-Luxembourg relations with a visit to Luxembourg (see: http://www.visitluxembourg.com/en). For more information, please consult the brochure or the exhibition’s website: http://www.villavauban.lu/en/New/Guillaume+II+.html

A successful Story

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Diplomat Magazine is honored and extremely proud to be the ‘target’ of top Dutch journalists interested in publishing articles about diplomatic events that we organize together with Diplomat Club The Hague.  Once again, well known newspapers from The Hague are spreading the news on how successful our Diplomats Meet&Greet are taking place at Carlton Ambassador Hotel. Now was the turn to Croatia Diplomats Meet&Greet on July 3rd. It was beautifully covered by Dutch journalist Leo van der Velde, reporter and diplomatic editor from AD Haagsche Courant.  Diplomat Magazine was initially created in June, 2013 not only to publish this successful publication we have, but to organize regular informal events that diplomats were personally asking us to put in place. To open the news published by Mr. van der Velde, please click here: HaagscheCourant.News

Farewell to Ambassador Geerkens

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Farewell reception Ambassador Belgium. His Excellency Mr. Frank Geerkens, Ambassador of Belgium and his charming wife, Mrs. Aygun Geerkens-Ismayilova, hosted a farewell reception at their residence. An overwhelming number of people, including members of the Dutch Government, came to bid farewell to Ambassador Geerkens, who, during his 3 year posting in The Netherlands, has clearly established a very extensive network. In addition to his diplomatic work, Ambassador Geerkens was a tireless and avid supporter of the cultural ties between The Netherlands and Belgium, regularly  hosting fascinating cultural  events at his residence. Ambassador Geerkens will return to his homecountry Belgium and will be working in the semi-private sector. Please take a look at the complete set of beautiful pictures by clicking here: https://www.flickr.com/photos/121611753@N07/sets/ BW BR 02BW BR 15 BW BR 11 BW BR 13 BW BR 18   Please take a look at the complete set of beautiful pictures by clicking here: https://www.flickr.com/photos/121611753@N07/sets/ 

Mongolia new visas regulations

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The Embassy of Mongolia to the Kingdom of the Netherlands is pleased to inform that starting from June 25, 2014 till the end of 2015, the citizens of many European countries, including Netherlands, Belgium and Luxembourg, travelling to Mongolia on touristic and business purposes, and staying in Mongolia for the period of less than 30 days, are waived from visa. Therefore we invite all people, including staff from diplomatic corps in The Hague, to visit Mongolia and experience rich national traditions and colorful culture of Mongolia.

Sports Law at ASSER Institute

Is Sport Playing by the Rule of Law?

A Summer Programme by The ASSER Instituut

 By Oskar Van Maren & Antoine Duval. The T.M.C. Asser Instituut, located in The Hague, is an inter-university institute specialised in international law. It conduces academic research of interdisciplinary as well as comparative nature, covering amongst others international and European sports law. The ASSER International Sports Law Centre (AISLC) was founded within the framework of the Instituut in 2002. It is one of the few academic institutions specialised in transnational sports law in Europe. The Centre’s activities include fundamental research, applied (contract) research, such as reports and studies for the European Commission or the Dutch government, consultancy and legal advice, publications, and the organisation of events. The Centre has recently stepped up its activities on social media, and provides daily newsflashes on sports law via its twitter account: @sportslaw_asser. We have also launched a new International Sports Law Blog on which we offer short commentaries on various transnational sports law subjects (e.g. Financial Fair Play, FIFA Governance or Olympic Agenda 2020).ASSER.PROFESSOR From 30 June to 4 July 2014, we hosted our second Summer Programme on International Sports Law. We welcomed 17 participants from all around the world for a week of lectures, workshops, debates and moot courts. The programme covered issues relating to doping, match-fixing, broadcasting rights, sports arbitration, EU free movement rights of athletes, social dialogue in sport, tax law and sport and the good governance of sport. A number of speakers were seasoned academics, though we carefully balanced the line-up by including a trade unionist, an EU Commission official, a Sports Governing Bodies representative, a Court of Arbitration for Sport (CAS) arbitrator and a range of practising sports lawyers. The programme kicked-off on Monday morning with a very special keynote lecture by FIFA Presidential Candidate Jérôme Champagne. Champagne, an experienced diplomat and ex-FIFA official, outlined his views for FIFA’s future, offering a passionate plea for a better redistribution of football’s large financial resources and a democratisation of its “Government”. It was an opportunity for our students to engage directly with someone closely involved in the governance of the beautiful game. Many questions, and criticisms, were raised and Champagne was very willing to give his, at times controversial, point of view on most of them. Our aim was to bring FIFA, and more widely the world of Sports Governing Bodies, to our students and we feel we have very much succeeded in offering a useful glimpse at it.ASSER.STUDENTS Over the next five days our participants faced a dense academic programme, while also getting to know The Hague and its diplomatic circles. Indeed, they sat in a number of lectures, but they also participated in a mock arbitration trial in front of a CAS panel (headed by a CAS arbitrator), had the opportunity to debate the (good and/or bad) state of sport’s governance with stakeholders, and learned directly from the pros how match-fixing is combatted in real life. Thus, this Summer Programme is not solely about grasping the legal subtleties of International Sports Law; it also aims at fleshing out this legal reality with practical insights  Our participants had very different backgrounds, but as from now on they have one thing in common: a good grasp of the way International Sports Law operates and we are very proud of it. If you wish to find out more about the Summer Programme or future events organised by the ASSER International Sports Law Centre we encourage you to visit our website, subscribe to our newsletter or follow us on twitter.

The Dutch business sector gathered on The Pacific Alliance Focus Day

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  • Bernard Wientjes shared his views on The Pacific Alliance: “There are a lot of chances for the future for Dutch businesses”.
  • Executives from Shell, Rabobank, KLM and Berson UV participated in the discussion panel.
  • The Vice Minister of Business Development of the Ministry of Trade, Industry and Tourism of Colombia presented the opportunities and challenges of this integration initiative.
For the first time, the leading Dutch global companies in the strategic sectors of water management, agrifood, energy, logistics and infrastructure gathered at MINBUZA to explore the business opportunities offered by The Pacific Alliance. Executives from Shell, Rabobank, KLM, APM Terminals and Berson UV joined the dialogue with the diplomatic community, the government and academic sectors to share their experiences in profiting from the business potential offered by the Alliance of Chile, Colombia, Mexico and Peru. The Netherlands is one of the 32 observer states of the Pacific Alliance (full list of observer states). In her welcoming remarks, the Director of the Western Hemisphere Department of MINBUZA, Maryem van den Heuvel, underscored the opportunities that the Pacific Alliance countries offer for knowledge and business exchanges with the Netherlands. The Chairman of VNO-NCW, Mr. Bernard Wientjes, said that Dutch companies invest a lot in the Pacific Alliance countries, and he considers that there are many opportunities for Dutch businesses in that region. This event was the last public appearance of Mr. Wientjes before his retirement. In her presentation, The Vice Minister for Business Development of the Colombian Ministry of Trade, Industry and Tourism, Mrs. María del Mar Palau, mentioned that the four countries of the Pacific Alliance are stable democracies with an increasing economic growth and development. Vice Minister Palau; the Ambassador of Colombia to the WTO, Mr. Gabriel Duque; and the General Director for External Policies of the EU, Mr. Jesper Tvevad, were among the most notable attendees. During the event, executives from KLM, Shell, Rabobank, Berson UV, APM Terminals and Nuffic shared their own experiences in the Pacific Alliance countries, showing the profitable character of this unique integration initiative.

Global Energy Now

By  Leona Beeldstroo, from Global Energy Now. On June 12 Global Energy Now! organized a meeting in Nieuwspoort, the International Press Centre in The Hague with entrepreneurs and representatives (ambassadors, economic attachés, minister counselor) of the following embassies: Aruba, Algeria, Chile, Colombia, Dominican Republic, Egypt, El Salvador, Guatemala, Croatia, Peru, Ukraine, Uganda and South Africa. The informal lunch presented an excellent opportunity to get to know each other and topics like clean tech and sustainability were addressed. After finishing the sandwiches, Member of Parliament Mrs. Lutz Jacobi provided an inspiring guided tour through the Lower House of the Dutch parliament. It turned out to be a sparkling introduction to a part of the history of the Dutch political system.   20140612_140355 Global Energy Now! Tel:      00 31 (0)  58-8431067 Mob:   00 31 (0)    6-82005063 eFax:   00 31588450138 Email: leona@globalenergynow.nl Web:   www.globalenergynow.nl   001                                                                                                                                             

Tax Exemptions

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State aid: Commission questions tax exemptions for Dutch public companies and takes steps to ensure fair competition between EU ports
Direct from the European Commission.
The European Commission has opened an in-depth investigation to verify whether exemptions from corporate tax granted under Dutch law to public companies, including port operators, are in line with EU state aid rules. The Commission has concerns that exempting certain companies merely because they are publicly owned may give them an advantage over their competitors. The opening of an in-depth investigation gives interested parties an opportunity to submit comments on the measures under assessment; it does not prejudge the outcome. Separately, the Commission is also gathering information on taxation of ports in other Member States. The Commission has informed France and Belgium of its concerns regarding the taxation of ports in these countries and has asked Germany to provide further information to ensure that there are no undue competitive advantages being granted to ports.
Commission Vice President in charge of competition policy Joaquín Almunia said: “Fair competition is crucial for all market players. The Commission therefore needs to verify that public companies, including port operators, in the Netherlands are not given more favourable tax treatment than their private competitors. Furthermore, there should be a level-playing field between ports in the EU, so it is important to make sure that state aid rules are being complied with in all Member States.”
In May 2013, following complaints, the Commission asked The Netherlands to abolish tax provisions exempting certain public companies from the obligation to pay corporate tax (see IP/13/395). The Commission has concerns that these provisions selectively favour public companies over their private competitors, in breach of EU state aid rules. Since then, the Dutch authorities have expressed their intention to subject public companies to corporate tax, but under their plans a number of exceptions would remain, notably for five Dutch seaports: Rotterdam, Amsterdam, Zeeland, Groningen and Moerdijk. Given that the Dutch authorities have not fully accepted the measures proposed by the Commission to ensure compliance with the state aid rules, the Commission has now opened an in-depth investigation.
Cross-border competition plays an important role in the ports sector and the Commission is committed to ensuring a level playing field in this important economic sector. In 2013, the Commission therefore has, on its own initiative, sent a questionnaire to all Member States to obtain a better overview of the corporate tax systems applicable to ports.
In its investigation, the Commission has become aware of possible corporate tax advantages for publicly and privately owned ports in several Member States. The Commission has found indications of sectorial tax exemptions for ports or of other sectorial advantages such as reduced tax rates. In certain Member States, ports are not subject to corporate tax but to an alternative tax regime that might be more favourable. In other Member States, ports do not actually pay any corporate taxes because they are loss-making. This raises questions about whether the public financing of those ports, for example the recurrent compensation of their losses, respects EU state aid rules.
Today, the Commission has sent letters to Belgium and France as first steps to ensure that ports in these countries do not benefit from unjustified corporate tax advantages. The letters, sent as part of the cooperation procedure applicable to existing aid, outline the Commission’s concerns and give Belgium and France an opportunity to respond. In Germany, ports appear to be subject to corporate tax but the Commission has asked for further information regarding certain ports to ensure they do not receive undue competitive advantages. The Commission is also continuing its investigation into the functioning and taxation of ports in other Member States and will take the necessary steps to ensure fair competition between all ports in the EU.
Background
Under the Dutch Corporate Tax Law, revenues stemming from economic activities carried out by public bodies – either as part of the public administration or in the form of publicly owned companies – are, in principle, exempted from corporate tax. There are a number of exceptions from this exemption: certain economic activities (like farming or mining) and certain publicly owned companies (like Schiphol airport in Amsterdam or the National Lottery) are subject to corporate tax. Nevertheless, there are still economic activities carried out by public bodies and many publicly owned companies that remain exempted. These companies compete directly with private players in The Netherlands and in the EU who do not benefit from the same advantage.
The exemption from corporate tax for Dutch public companies dates back to 1956, before The Netherlands’ accession to the EU. The measure therefore constitutes existing aid and its assessment is subject to a specific cooperation procedure between The Netherlands and the Commission. When existing aid seems to be in breach of EU state aid rules, the Commission proposes measures to the Member State. If the Member State does not accept the proposal, the Commission may open an in-depth investigation to verify the compatibility of the existing aid and, if it is not compatible with EU state aid rules, may require the Member State to put an end to existing aid that distorts competition in the Single Market.
The non-confidential version of the decision will be made available under the case number SA.25338 in theState Aid Register on the competition website once any confidentiality issues have been resolved. New publications of state aid decisions on the internet and in the Official Journal are listed in the State Aid Weekly e-News.