Review report 48 on the implementation of cooperation criteria by the AIVD and the MIVD

In this report, the CTIVD assessed how the AIVD and the MIVD implement the cooperation criteria in their policy and in the weighting notes.

Motion no. 89 by members Schouw and Segers

On 9 April 2014 the Dutch House of Representatives held a debate on interception by the NSA and the role of the Netherlands in this activity. During and after the debate, various motions were submitted, including motion no. 89 by members Schouw (D66) and Segers (CU). The purpose of this
motion was to achieve greater clarity concerning the assessments forming the basis for the AIVD’s and MIVD’s cooperation with foreign intelligence and/or security services. In response to this motion, the Minister of the Interior and Kingdom Relations and the Minister of Defence indicated that the
existing cooperation criteria with foreign services (including respect for human rights and democratic anchorage) will be included in the ISS Act 2002 to be modified and will be further implemented in the explanatory memorandum. Weighting notes relating to the cooperation criteria are drawn up for foreign services with which cooperation takes place. According to the Ministers, these notes will from now on also devote attention to the assignment of powers and procedures within the foreign services. The CTIVD was asked to oversee execution of the motion.

This investigation

The CTIVD has drawn conclusions concerning policy and practice in the light of the facts established. It is up to the Dutch House of Representatives to assess whether motion no. 89 by members Schouw and Segers has been adequately executed. The CTIVD regards this review report as an interim position. It intends to conduct a final investigation into this topic a year from now.