Difference between revisions of "Netherlands"

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== Discrimination ==
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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. [https://mensenrechten.nl/nl/oordeel/2014-40]
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=== FATCA IGA ===
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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'''; [https://home.treasury.gov/system/files/131/FATCA-Agreement-Netherlands-12-18-2013.pdf] [https://home.treasury.gov/system/files/131/RelatedAgreement-Netherlands-7-23-2020.pdf]
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=== Banks ===
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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''''. [https://www.nvb.nl/english/fatca/]
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=== Media ===
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* 09 Jan 2020 Dutch banks are freezing accounts under FATCA [https://www.internationalinvestment.net/news/4008869/dutch-banks-freezing-accounts-fatca]
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== Legal Action ==
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*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. [https://mensenrechten.nl/nl/oordeel/2014-40]
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*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. [https://uitspraken.rechtspraak.nl/inziendocument?id=ECLI:NL:RBMNE:2020:5647] [https://www.rijksoverheid.nl/binaries/rijksoverheid/documenten/kamerstukken/2020/10/26/beantwoording-kamervragen-over-experiment-dnb-uitgifte-betaalrekeningen/beantwoording-kamervragen-over-het-experiment-van-dnb-met-uitgifte-betaalrekeningen.pdf] [https://americansoverseas.org/en/dutch-accidental-americans-losing-bank-accounts/]
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[[Category:Netherlands]]
 
[[Category:Netherlands]]
 
[[Category:Country]]
 
[[Category:Country]]

Latest revision as of 21:05, 13 April 2021

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]