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12 September 2018 Supervision Supervision label Factsheet

The Covenant on administrative and criminal-law sanctions (Convenant bestuurlijke boeten en strafrechtelijke sancties) laid down the coordination procedure governing the choice between the imposition of an administrative fine, the disclosure of facts, or criminal-law settlement in the context of specific instances of non-compliance with financial legislation.

It was succeeded by the Covenant on the avoidance of unlawful concurrence of administrative and criminal-law sanctions (Convenant ter voorkoming van ongeoorloofde samenloop van bestuurlijke en strafrechtelijke sancties) in 2009.

This was done because non-compliance with certain provisions of financial legislation can be penalised by imposing either a criminal-law sanction or an administrative fine or by disclosing a fact. It is essential for the relevant authorities to coordinate with each other, as according to the "una via" principle no offence may be penalised more than once (e.g. the imposition of an administrative fine rules out criminal prosecution). Conversely, the "una via" principle provides that it is impossible to impose an administrative fine for the relevant fact once criminal proceedings have been instituted and the investigation in court has started or once the right to institute criminal proceedings has lapsed because the party concerned has met the conditions set.

De Nederlandsche Bank N.V., the Public Prosecution Service, the Dutch Authority for the Financial Markets (AFM), the Ministry of Finance, and the Fiscal Intelligence and Investigation Service/Economic Investigation Service (Fiscale Inlichtingen- en Opsporingsdienst/Economische Controledienst – FIOD/ECD) of the Dutch Tax and Customs Administration are parties to this Covenant.