Netherlands

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Discrimination

Article 7, first paragraph, under a, of the General Equal Treatment Act (AWGB), in conjunction with Article 1 of the AWGB, prohibits making a distinction based on nationality when, among other things, offering and providing access to goods or services. in the performance of a profession or business and in the conclusion, performance or termination of relevant agreements. [1]

FATCA IGA

The Reporting Netherlands Financial Institution must review electronically searchable data maintained by the Reporting Netherlands Financial Institution for any of the following U.S. indicia: a) Identification of the Account Holder as a U.S. citizen or resident; b) Unambiguous indication of a U.S. place of birth; [2] [3]

Banks

Dutch Banking Association (NVB) Banks are required to determine whether, on the basis of the American and Dutch regulations, a customer is a so-called 'U.S. person'. [4]

Media

  • 09 Jan 2020 Dutch banks are freezing accounts under FATCA [5]

Legal Action

  • 02 Apr 2014 The Netherlands Institute for Human Rights has ruled in its opinion that BinckBank vis-à-vis... has made prohibited discrimination based on nationality by terminating the provision of services. [6]
  • 23 Dec 2020 Volksbank is allowed to close bank accounts of 'unintentional American' because it refuses to provide a US identification number to the bank. The publication of a ruling by the Kifid complaints committee about the dispute between the 'unintentional American' and Volksbank and a press release about it is not unlawful. [7] [8] [9]