The Security Investigations Unit (UVO) of the MIVD and AIVD can start offering more customization in investigations of people, who have previously stayed abroad for longer periods of time. This is possible with the arrival of the new Policy Rule on Security Screening 2021.
This new policy rule will take effect Jan. 1, 2021.
A security screening is conducted on a person who will be taking a position of trust.
If the examination is completed with a positive result, the person will receive a Certificate of No Objection (VGB) and can then actually be placed on this position.
The security research pays attention to several categories of data, namely:
judicial and criminal records;
data on state dangerous or anti-democratic activities (political data);
personal conduct and circumstances.
Under the current policy for judicial and political data, if a person (or their partner) has resided outside the Netherlands, inquiries are made with a peer service in the country of residence.
If the AIVD or MIVD does not have the requisite cooperative relationship with the intelligence and security service in that country, this will in principle lead to a refusal or withdrawal of the certificate of no objection (VGB). After all, the investigation does not provide sufficient information to determine whether the person can be placed in a position involving confidentiality.
The exception provision under which a VGB can still be issued in a limited number of cases does not currently provide sufficient scope for customization in all cases.
This changes with the advent of the new Policy Rule. More account can be taken of the circumstances of the stay outside the Netherlands. Each stay will be assessed based on various factors, such as the destination and reason for the stay.
If a cooperative relationship exists with the service of the country in question, a reference will be plotted there by the UVO.
In addition, and increasingly when a cooperative relationship is lacking, the UVO relies on the information provided by the person concerned himself, such as an official overview of (the absence of) judicial antecedents from the country in question, employer's statements, proof of (hotel) accommodation or excerpt of birth register. This information is verified and included in the assessment.
Thus, in addition to the UVO's obligation of effort, an effort is also expected from the person concerned. The point is to enable the UVO to get as complete a picture as possible of the doings of the person undergoing security screening.
Therefore, if this still fails despite the reference to the peer service and the data provided by the person concerned, there is insufficient data to give an opinion on whether or not the intended position of trust was faithfully performed.
Therefore, even under the new policy, due to the protection of national security, this will result in a refusal or revocation of the VGB.
Until Jan. 1, 2021, the current Security Screening Policy Rule will remain in effect.
View: parliamentary letter policy rule on security screenings 2021
