Double Dutch: corporate transparency and white collar crime in the 2023 Dutch election manifestos

The Dutch general election is due to take place tomorrow, Wednesday 25 November 2023, after the collapse of the Fourth government led by Prime Minister Mark Rutte (2010-2023) after he allegedly deleted text messages in contravention of government policy. His Volkspartij voor Vrijheid en Democratie (VVD) has been the largest partner in several centre-right flavoured coalitions over the past 13 years.

In anticipation, I have taken an (unscientific) look at the election manifestos of all parties to see what they had to say, if anything, on matters relating to corporate transparency, integrity, anti-corruption, money laundering and similar issues. The Netherlands is one of several countries that has closed its UBO-register in the wake of last year's ECJ ruling and has not brought in any national legislation to ensure it remains accessible. It is also quite an opaque place when it comes to corporate transparency. The below does not include a close reading of the various provisions to combat organised crime, which has become an increasingly important issues since the assassination of crime journalist Peter de Vries in 2021

In case you weren't aware, the Netherlands is a fully proportional electoral system, which means that it has a much larger selection of parties contesting the elections and broad coalitions are the norm. They are listed in order of the latest polling figures from aggregator Peilingwijzer, from 20 November 2023. This has not taken into account the effects of last nights televised debate, which appears to have shifted things slightly.

Volkspartij voor Vrijheid en Democratie (VVD)

??Current seats: 34/150

??Polling: 16.6-18.7%

??Projected seats: 26-30

??Politics: centre-right, conservative-liberal

The VVD is the party of former Prime Minister Mark Rutte and has been the leading centre-right force in Dutch politics for the last 13 years. Under current leader Dilan Ye?ilg?z-Zegerius the party has indicated that it would consider a coalition with Geert Wilders' PVV (see below), which it had always previously ruled. Its manifesto is pretty light on corruption or transparency issues, with the only mentions on corruption being around the Netherlands Antilles and Ukraine.

• "Together with Aruba, Cura?ao and St Maarten we will focus on proper and ethical management, financially solid leadership, the tackling of corruption..." While corporate transparency, especially around shareholders, is quite limited by European standards, the Dutch Caribbean territories act as an offshore tax haven. It periodically crops up in various corruption investigations.
• In Ukraine, it will help "fight corruption and the strengthening of institutions".
• On a Counter Terrorism Financing front, it wants full transparency on how religions foundations and groups are funded.
• Nothing on corporate transparency, lobbying or the other topics - the VVD are very much the continuity party in these elections. Given its leading role in the past four governments, the VVD likely avoids questions about these topics by not suggesting policies that may place their role in government under further scrutiny during the election.

Partij voor de Vrijheid (PVV)

??Current seats: 17/150

??Polling: 14.1-17.5%

??Projected seats: 22-28

??Politics: right-wing populist, anti-Muslim, anti-immigration

Led by Geert Wilders, perennial bête noire of Dutch politics, the PVV currently holds 16 seats. It is a nationalist, right-wing, anti-immigration populist party that is big on anti-Muslim rhetoric, but light on policy and corruption. It hasn't really made any notable suggestions whatsoever, beyond shouting about immigration and Islam. The PVV and Wilders will likely be kingmakers in any right-wing coalition.

Nieuw Sociaal Contract (NSC)

??Current seats: 0/150

??Polling: 12.4-15.4%

??Projected seats: 26-30

??Politics: centre-right, Christian-democratic

The NSC is the new kid on the block in the Netherlands and had been polling exceptionally well, though the enthusiasm has fallen away a bit. Founded by former CDA MP Pieter Omtzigt, a stalwart critic of the previous government, the NSC has focused on issued such as good public stewardship and ethics.

• Its manifesto says that it "wants to put the fighting of corruption much higher up the agenda" It also wants more international cooperation to fight transnational crime and a greater emphasis on vetting and training of officials, especially those that are in positions that are vulnerable to corruption.
• Despite this, the NSC appears to want to water down AML screening provisions, and for there to be a presumption of innocence for money laundering offences. It claims that transaction monitoring and automated screening is too invasive and that it cost a lot of money while being of "dubious efficacy". It does support reform of the EU AML provisions together with other EU countries, though it doesn't really state what that means!
• Like the VVD, NSC wants "religious institutions...to be transparent about how they are funded".
• The NSC wants a cool-down period for public officials becoming lobbyists and greater independence for regulators.

Groenlinks-PvdA (GLP)

??Current seats: 17/150

??Polling: 14.1-16.1%

??Projected seats: 21-25

??Politics: centre-left to left.

The GLP is an alliance between the Green Left and Dutch Labour Party, who have put out a joint manifesto for the 2023 elections. The parties have a history of cooperation in the parliament, so this appears to be a fairly natural fit. The lead candidate is Frans Timmermans, a well-liked and experienced politician who until recently held senior roles in the European Commission, overseeing the Green Deal and Climate Action. It probably has the most detailed provisions on governance and integrity issues and the strongest language on combating corruption.

• The GLP is the only party that wants to open up the UBO register (hooray!), though only to NGOs and journalists.
• In its own words: "We want EU institutions to crack down on corruption, fraud, foreign influence, opaque lobbying and transgressive behaviour towards personnel. First, we look for possibilities within the current EU treaty, but where necessary, we we support treaty amendment."
• It will seek to end the role of Zuidas (the Dutch equivalent of the City of London) "as a transit port for international criminal financial flows".
• Civil forfeiture: the GLP seems to want to bring in a form of civil forfeiture, introducing unexplained wealth orders that could be used to seize assets that could be reinvested in the communities harmed.
• GLP proposes to introduce stricter measures governing political donations, reducing the declaration threshold to EUR 1,000 and introducing a maximum of EUR 20,000 per person per year. Donations made through a company will have to reflect the ultimate beneficiary, while foundations (which are notoriously opaque) will be prohibited from making donations.
• It will also turn the Advisory Board on the Legal Status of Political Office Holders (college Rechtspositie Politieke Ambtsdragers; CRPA) into an independent regulator that is empowered to investigate ethics and integrity breaches by public officials.
• The introduction of a public lobbyist register. In addition, for two years after officials find a new role in the private sector, the CRPA will ensure that there is no sign of a conflict of interest.
• The GLP supports EU enlargement, though it wants more forceful action against corruption and the deterioration of the rule of law.

D66

??Current seats: 24/150

??Polling: 5.1-6.7%

??Projected seats: 7-11

??Politics: centrist to centre-left

D66 has been a major centre-left party that has been part of the last two governing coalitions in the Netherlands (since 2017). Traditionally it is very socially liberal and is popular with urban professionals in the Randstad. It hasn't made many specific references to corruption, though the manifesto tackles some related topics.

• D66 states that it wants to target "enablers" such as legal firms that act as intermediaries in corruption and that it wants to invest in financial investigations to "follow the money".
• It wants to enhance the tools for mayors and provincial authorities to tackle integrity violations, in cooperation with national authorities. It also wants to ensure that they have sufficient powers to do so.
• The party wants to bring in a new corporate governance code, under which directors "will explicitly be required to weigh the interests of all stakeholders", which if necessary will be legislated for. This would apply to private companies and private equity investors.
• Although the Netherlands has been relatively good at ensuring access to judicial records, D66 has stated that it would like court judgments to be made available “as quickly as possible”.
• Lobby register: Like several other parties, it is looking to introduce a lobbying register.

BoerBurgerBeweging (BBB)

??Current seats: 1/150

??Polling: 3.9-5.6%

??Projected seats: 5-9

??Politics: agrarian, populist, right-wing

The BBB is a populist party that was created in 2019 in the wake of the mass livestock farmer protests that happened that year. It tends to veer Eurosceptic and is generally against environmental regulations, with its main political nemesis being the PVDD (see below). It has nothing to say about corruption, transparency or financial crime.

Partij voor de Dieren (PvdD)

??Current seats: 6/150

??Polling: 3.4-4.5%

??Projected seats: 5-7

??Politics: left, animal rights

The Party for the Animals is, as the name suggests, a pro-animal rights and welfare party. It is traditionally left-leaning with a heavy focus on green issues. Its manifesto is fairly light on corruption issues, which only appear in the context of slaughterhouses, though it has several proposals on transparency and governance.

• PvdD would like to see human rights violations and corruption punished by European sanctions. It also supports withdrawing EU subsidies from countries that are backsliding on the rule of law, media freedom and human rights (cue angry PiK and Fidesz noises)
• The introduction of a "coordinated strategy for the integrity of ministers and senior officials", through the introduction of a lobbyist register and the strengthening of whistleblower protections.
• The end of the "Dutch Tax Paradise" and "tax evasion by multinationals". This includes the publication of all tax treaties concluded by the government.

Socialistische Partij (SP)

??Current seats: 9/150

??Polling: 3.2-4.3%

??Projected seats: 4-6

??Politics: social democratic or democratic socialist (depending on who you are talking to)

The SP is the successor of the communist party in the Netherlands and the main voice of the far-ish left. Oss, where I grew up, was for a long time a stronghold for the SP but it has since been displaced by BBB (see below). The SP has several mentions of corruption-related issues in the manifesto.

• The party wants to stop development funds being paid directly to "corrupt regimes that breach human rights, instead providing funds to reliable organisations in those countries".
• "Directors and supervisors of companies and other organisations performing public services can be prosecuted in cases of wrongdoing such as fraud, corruption or serious failure. This also applies to (top) government officials." This appears to suggest that it wants more robust enforcement on this front.
• The SP wants to fine companies for supply chain failures, though this will likely be covered by the incoming CS3D regulations anyway. The manifesto does state that it will "champion laws and regulations to tackle exploitation, pollution and corruption by multinationals" and "Together with developing countries, we will fight tax evasion internationally".
• The SP is one of the few parties to discuss political financing. It wants full transparency of all donations (there are several exemptions and loopholes at the moment) and a total prohibition on any donations from companies, and from individuals and entities based outside the Netherlands.
• It also wants greater government transparency, with a full public lobbying register and much greater public access to government records (unless there are exceptional reasons for them to remain private). Presumably the model for this is something like Norway.

ChristenUnie (CU)

??Current seats: 5/150

??Polling: 2.4-3.2%

??Projected seats: 3-5

??Politics: centrist, Christian-democratic

The CU is the more economically progressive of the two major Christian Democratic parties and has been a junior partner in the last two coalitions that have governed the Netherlands since 2017. It has quite a strong manifesto when it comes to AML and transparency issues.

• In cases of serious corruption or threats to the rule of law in EU member states, CU supports replacing the requirement of unanimity for sanctions, with a four-fifths voting threshold introduced.
• Tackling tax havens: CU wants an EU-wide agreement to not conclude any further tax treaties with tax havens and to introduce high withholding taxes on payments from these jurisdictions. It also wants to crack down on this practice in the Netherlands and end it being "a haven for tax evasion and criminal money laundering." Among others, this include making all tax agreements with companies public.
• The CU's manifesto states that "tackling and preventing money laundering fraud and terrorist financing" is firmly part of its plans to make the financial sector "shock proof". This includes more robust integrity supervision and the introduction of a European authority to monitor suspicious financial flows.

Forum van Democratie (FvD)

??Current seats: 8/150

??Polling: 2.3-3.3%

??Projected seats: 3-5

??Politics: populist, right-wing

The FvD is a populist right-wing party formed in 2016 and led by Thierry Baudet. Perennially dogged by controversy, it has taken some very extreme policy positions and is strongly Eurosceptic. After some initial electoral success it has splintered into several smaller populist parties. Considering that it has been accused of being surreptitiously funded by Russia and being staunchly pro-Putin, it may not come as a surprise that it does not have any extensive manifesto pledges around corporate transparency or anti-corruption.

• Its sole mention of corruption is part of its plan to make the Netherlands Antilles a new "Florida of the Netherlands" through which Dutch business could access the Latin American market. It only states that it has zero tolerance for "corruption, self-enrichment or abuse of power in the Antilles." Conveniently, it provides no concrete measures, but will leave local authorities to deal with this.

Christen-Democratisch Appèl (CDA)

??Current seats: 15/150

??Polling: 2.3-3.4%

??Projected seats: 3-5

??Politics: Christian-democratic, centre-right to right

The CDA is a socially conservative Christian-democratic party that nevertheless has an occasional liberal streak when it comes to lawmaking. It was part of the last two governing coalitions in the Netherlands, which were led by the VVD. It is surprisingly thin on integrity issues, with not a single reference to anti-corruption, money laundering or related topics.

DENK

??Current seats: 3/150

??Polling: 2.2-3%

??Projected seats: 3-5

??Politics: centre-left, minority rights

DENK was originally founded as a minority rights platform by two former Dutch Labour MPs with a Turkish immigrant background. Its focus continues to be very much on the rights of minority groups in the Netherlands, and it veers left politically. Its manifesto does not mention corruption, AML or transparency.

Staatkundige Gereformeerde Partij (SGP)

??Current seats: 3/150

??Polling: 2-2.6%

??Projected seats: 2-4

??Politics: Biblical fundamentalism

The SGP is a Dutch protestant fundamentalist party that essentially supports government-by-bible. Its closest parallel is probably the evangelical wing of the US Republican Party. Its manifesto has a lot of statements from the bible, but little on anti-corruption, AML or corporate transparency, which I believe were not major topics of interest 2,000 years ago.

Volt

??Current seats: 3/150

??Polling: 1.8-3%

??Projected seats: 2-4

??Politics: centrist, socially liberal, pro-EU

A relative newcomer, Volt is is a progressive party with a strongly pro-European platform. It has quite a few proposals for improving EU-wide policing, though much of its focus is on drugs and organised crime, with little on corruption.

• Volt proposes to crack down on "illegal capital flows" from developing economies. Its provisions include greater enforcement of financial crime (without details) and allowing banks to "trace illegal capital flows from developing countries". Not sure how banks feel about this.
• The expansion of AML legislation to tackle organised crime, based on Italy's anti-mafia laws.
• A lobby register and binding integrity rules for all EU bodies and MEPs. Cool-down periods for public officials to enter the private sector.
• Greater public transparency on the Norwegian model, where most government communications are available.

Ja21

??Current seats: 3/150

??Polling: 1-1.9%

??Projected seats: 1-3

??Politics: right-wing populist

Ja21 is a splinter party from the far-right FvD over allegations of racism, anti-semitism and homophobia. It is a solidly right wing party whose manifesto is mostly centred around immigration and law and order issues. Few of those deal with financial crime though - the only mention of money laundering is about drugs money and small shops.

Belang van Nederland (BVNL)

??Current seats: 0/150

??Polling: 0.4-1.3%

??Projected seats: 0-2

??Politics: right-wing populist

BVNL is another minor splinter party from the FvD, this time over the latter's comparison of COVID-19 measures to the Nazi occupation of the Netherlands. Although it claims that it is a "classically liberal" party, it has a libertarian streak and is the unofficial crypto party of the Netherlands. The front page of the manifesto looks like a satire...

• None of its proposed measures sound particularly useful or welcome. It wants to scrap the UBO-register and "simplify" AML legislation. Like NSC, it claims that this leads to too many issues with securing funding and "rarely catches criminals".
• It also wants to ban ministers and secretaries of state from holding dual citizenship. I wasn't aware this was allowed at all - I had to give up my Serbian passport previously!

Bij1

??Current seats: 1/150

??Polling: 0.4-0.8%

??Projected seats: 0-1

??Politics: left-wing, anti-capitalist

BIJ1's platform is about "radical equality and economic justice" and is led by former TV personality Sylvana Simons. It has several proposals on tax evasion, though it doesn't mention corruption.

• It wants to make "establishing shell companies impossible and tackle existing shell companies". It also wants to close loopholes that allows these practices to exist.

50plus

??Current seats: 1/150

??Polling: 0.3-0.7%

??Projected seats: 0-1

??Politics: Pensioners

50Plus is a special interest party with a single seat in the Tweede Kamer. It has a generally centrist platform with all issues focused on advocating for pensioners' rights. It has one of the shortest manifestos, which is very light on detail (and nothing on the topics at hand).

Credit to Jethro Vrouwenfelder for the idea and his piece on what the election manifestos were saying about Fraud.