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The amendment to the Bibob Act, which will enter into force on 1 August 2020, strengthens the approach to undermining. Ministers Grapperhaus (Justice and Security) and Dekker (for Legal Protection) want to prevent the government from unintentionally facilitating criminal activities. On the same date, an amendment to the Judicial and Criminal Procedure Decree (BJSG) will also enter into force.

Beide arrangements ensure that municipalities, provinces and central government can do their own Bibob research even better. From now on, they can check the judicial records of the persons who actually have behind the scenes control over the person who has applied for the license. This makes it easier to prevent their front men from misusing government services in addition to criminals. The measure also applies to the business relationships of the government's counterparty in a real estate transaction or government contract. Until now, only judicial data could have been provided on the government's counterparty - usually the applicant for a permit - but not on its business relationships.

Public procurement with significant social or economic value is vulnerable to criminal activity. That is why the Bibob research is extended to all public contracts and is no longer limited to the construction, ICT and environment sectors.

Furthermore, Bibob research will be extended to real estate transactions in the event of a transfer of leasehold, provided that the municipality has stipulated a consent requirement for that transfer. In addition, the amendment regulates various other powers to be able to apply the Bibob Act more effectively. For example, the National Bureau Bibob can advise government authorities to apply the Bibob Act if it has relevant information about criminal offenses.

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Work is currently underway on a subsequent amendment to the Bibob Act, which broadens the exchange of information between the National Bibob Office and administrative bodies, and between administrative bodies themselves. The government aims to submit that bill to the Council of State in the third quarter. The Bibob Act (promotion of integrity assessments by public administration) has been in force since 2003 and aims to protect the integrity of the government.

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Grapperhaus
Ferdinand Grapperhaus