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LOWTAX OFFSHORE

NETHERLANDS ANTILLES: COUNTRY AND FOREIGN INVESTMENT REGIME


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BACK TO NETHERLANDS ANTILLES INFORMATION: BUSINESS, TAXATION AND OFFSHORE

On this Page:

- NETHERLANDS ANTILLES GEOGRAPHY
- NETHERLANDS ANTILLES POPULATION LANGUAGE AND CULTURE
- NETHERLANDS ANTILLES GOVERNMENT
- NETHERLANDS ANTILLES RELATIONSHIP WITH THE EU
- NETHERLANDS ANTILLES ECONOMY AND CURRENCY
- NETHERLANDS ANTILLES ENTRY AND RESIDENCE
- NETHERLANDS ANTILLES BUSINESS ENVIRONMENT
- NETHERLANDS ANTILLES FREE TRADE ZONES
- NETHERLANDS ANTILLES IMPORT OF FOREIGN CAPITAL
- NETHERLANDS ANTILLES FOREIGN INVESTMENT REGIME


Netherlands Antilles Geography

The Netherlands Antilles consist of two groups of islands in the Caribbean Sea. One group (the Leeward Islands) includes Curacao and Bonaire and lies about 50 km north of Venezuela; the other group of three islands (the Windward Islands), St Maarten, St Eustatius and Saba are 160 km east of Puerto Rico. Miami is 2.5 hours by air from Curacao, the largest and dominant island, which has the capital Willemstad.

The land area is 960 sq km, with a coast line spanning 364km. The climate is tropical (12 degrees from the equator), but cooled by northeast trade winds. Average temperature is 27 C. Rain falls from October to February, mostly at night.The landscape is generally hilly with a volcanic interior. The highest point is 862m at Mount Scenery. Natural resources include phosphates and salt, but only 10% of the land is cultivable.

Hurricanes can occur between July and October but rarely threaten Curacao and Bonaire which lie south of the Caribbean hurricane belt; only three have come near this century.

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Netherlands Antilles Population Language and Culture

In July 2007 the population was estimated at 223,652 with an annual growth rate of 0.79%. Of the total population, around 144,000 live on Curacao. The official (and used) language is Dutch, but 90% of the local population speak Papiamento, a Creole dialect which is a mixture of Spanish, Portuguese, Dutch and English. Spanish and English are also widely spoken, particularly in Willemstad. Ethnically, the population is 85% mixed black, the balance being Carib Amerindian, white and East Asian. 80% of the population is Catholic, with substantial Protestant, Jewish and Muslim communities. There is religious and ethnic harmony.

The islands were discovered by the Spanish in 1499; the peaceful native inhabitants, a tribe of Arawak Indians, were mostly transported to Hispaniola. In 1634 Curacao fell to the Dutch and became an important base for expeditions against the Spanish. During the 18th century Curacao became a trading port for pirates, American rebels, Dutch merchants, Spaniards and Creoles from the mainland. The English took Curacao briefly in 1800 but Dutch rule was restored in 1816 and the port was declared free.

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Netherlands Antilles Government

The Netherlands Antilles is a part of the Kingdom of the Netherlands, with full autonomy in internal affairs; it is a parliamentary democracy and is politically stable. The Netherlands government is responsible for defense and foreign affairs. The legal system is based on Dutch civil law but includes some influence from English common law. Appeals from the Netherlands Antilles courts are to the Netherlands Supreme Court in the Hague.

The Queen of the Netherlands is the Head of State. A federal or central government takes care of state matters, comprising a Governor appointed by the Queen for a period of 6 years, an appointed Council of Ministers, and an elected 22-member parliament (De Staten) which serves a term of four years. There are a number of small political parties.

The Government formed after elections in 2002 collapsed in April, 2004, and a temporary coalition was put in power. Following elections held in January 2006, the Partido Antia Restruktura (PAR) won 16 of 22 seats in parliament.

A constitutional crisis erupted in 2004 due to irreconcilable differences between the constituent islands, and a joint Commission appointed by the Netherlands and the local government concluded that the jurisdiction should be broken up, with the islands of Curacao and St Maarten becoming autonomous countries alongside the Netherlands and the Caribbean island of Aruba, whilst the remaining three islands - Saba, Bonaire and St. Eustatius - should be brought under the direct control of the Dutch government in The Hague.

In December, 2004, the Dutch cabinet approved this proposal, saying that the new constitutional arrangement must guarantee the quality of the judicial system, sound governance and responsible financial management.

In January, 2005, the islands formed a series of working groups to discuss detailed implementation of the new constitutional proposals.

Pending such changes, the central government deals with tax, communications, public health, education, banking, law and order, company registration and economic control. An Island government deals with local affairs; it consists of a Lieutenant-Governor appointed by the Queen, and an Executive Council appointed by an elected Island Council.

In January, 2006, representatives from the Dutch government, Aruba and the five islands of Bonaire, Curacao, Saba, St Eustatius and St Maarten agreed a roadmap towards new constitutional relations at the latest Round Table Conference on constitutional affairs.

Bonaire, Saba and St. Eustatius will attain the new status of “specific nature” within the Kingdom and have direct ties with the Netherlands, while the “aimed end perspective” for Curaçao and St. Maarten is country status within the Kingdom.

It is the aim of the agreement to dissolve the Netherlands Antilles by 15th December, 2008.

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Netherlands Antilles Relationships with EU

As an overseas territory of the Kingdom of the Netherlands, the Netherlands Antilles is an associate of the EU. Its citizens carry EU passports, and have free rights of entry, residence, work etc in the EU.

In so far as the Netherlands Antilles applies the common import tariff of the EU single market, it can freely export products into the EU which it has sourced externally, without additional processing. Products originating in the Netherlands Antilles, or which have undergone 'substantial economic transformation' there, have EU origin.

However the Netherlands Antilles does not form part of the EU fiscal area, and, somewhat analogously to the British Dependent Territories, does not apply Dutch or EU taxes.

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Netherlands Antilles Economy and Currency

The currency is the Netherlands Antillean guilder, gulden or florin (these terms are used interchangeably). The rate of exchange is fixed against the US dollar at US$1 = ANG1.790.

The Netherlands Antilles are not naturally well-favoured with domestic resources; due to the lack of arable land and water, agriculture accounts for only around 1% of GDP. The economy is largely based on tourism, petroleum processing/trans-shipment and offshore finance. Almost all the consumer goods are imported from Venezuela and the US; as a result local inflation tends to reflect international levels.

After oil was discovered in Venezuela, the Dutch-British Shell oil company built a refinery on Curacao, which dominated exports until it was closed in 1985, with dismal effects on the economy and employment. A limited re-opening has helped economy to grow steadily more recently, but unemployment is still high by international standards.

The Government's fiscal position has deteriorated sharply in recent years, and there is high debt with a substantial annual budget deficit. The islands receive approximately US$100m a year in aid from Holland and international agencies. GDP per head was $US16,000 in 2004, and has tended to remain static in recent years, although 2005 figures showed St Maarten and Bonaire tending to grow more strongly than Curacao.

GDP growth was projected to accelerate to about 1½ percent in 2006.

The offshore financial sector began during the German occupation of Holland in the Second World War, when Dutch companies sought corporate and financial refuge, and has developed steadily ever since, giving Curacao in particular a more sophisticated business infrastructure than most countries in the region.

The islands have good natural harbours, and there is a ship repair facility in Curacao.

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Netherlands Antilles Entry and Residence

Nationals of Belgium, Germany, Luxembourg and the Netherlands can enter using national identity cards; nationals of the US can enter with voter registration cards or birth certificate; nationals of Canada with birth certificates or proof of citizenship; nationals of Brazil, Venezuela, Mexico, San Marino and Trinidad & Tabago can enter with national identity cards. All other nationals need passports.

Entry for tourist purposes does not require a visa, except for nationals of most former Eastern bloc countries, China, Cuba, Dominican Republic, Haiti, North Korea, Libya, Cambodia and Vietnam. Tourist entry is for 14 days, and another 14 days on local application, except for Belgium, the Netherlands, Germany, Luxembourg, the UK, the US, Spain and a number of South American, African and other countries, for whom it is 90 days (and another 90 days on local application).

NB These lists can change, and you should check with your travel agent before travelling.

Visas can be obtained from Dutch embassies around the world. In all cases of tourist entry a return or onward ticket is required.

Longer stay, for work or residence, requires residence and/or work permits, unless you are Antillean, or already a long-time resident (more than 10 years). Residence permits have to be applied for in person at the Governor's offices; a good deal of personal, medical and financial information and documentation is required. Work permits have to be applied for by employers, after advertising a position in local newspapers and failing to fill it.

Prominent political figures met in the Netherlands Antilles in mid-2005 to discuss a new project aimed at tightening up the jurisdiction's immigration procedures. Its main objective is to prevent undesirable goods and persons from entering the Netherlands Antilles and Aruba. It also seeks to prevent illegal movement of persons and goods from the Dutch Caribbean territories to the Netherlands.

In April 2006, it emerged that the St Maarten authorities were studying proposals that would streamline the process for applying for residency and work permits in the jurisdiction, a system which attracts much criticism for its opacity and complexity.

Meanwhile, i n early March 2007, it was announced that a protocol had been signed by Justice Minister David Dick and the Lt. Governors of the islands of the Netherlands Antilles for establishing a new organisation that will be in charge of immigration issues.

When operative, the new organisation will deal with the administrative work in connection with issuing residence permits, with the police force taking sole responsibility for border control.

 

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Netherlands Antilles Business Envionment

International (offshore) business in the Netherlands Antilles takes place largely in Willemstad on Curacao; here the business and telecommunications infrastructure is good, but in other regions much less so.

There are no government restrictions on foreign-owned businesses in the Netherlands Antilles, and inwards investment is encouraged. The strongest commercial links are with the Netherlands and the United States, and this is reflected in the available selection of local professional services and their personnel and skills. Likewise, there is a sophisticated financial structure in place which is based on a Netherlands model.

For anglo-saxon or non-European investors, the dominant role of the civil code in local business law must be carefully considered. While for those who are familiar with civil code jurisdictions, it offers a perfectly workable and effective business environment, others, especially non-Dutch-speaking others, may find it strange at best, or excessively slow, bureaucratic and expensive at worst.

The close connections of the Dutch Antilles with their 'parent' country, and the EU, mean that the jurisdiction is comparatively 'leaky' as regards banking secrecy. The Netherlands Antilles preserves a reasonable degree of fiscal secrecy, but it is not among the top players in this respect, and the jurisdiction was obliged to accept the EU Savings Tax Directive from 2005.

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Netherlands Antilles Free Trade Zones

Free trade zones are located at the harbour at Willemstad, the Hato-Curacao international airport and the Industrial Park. The free zones are secure and permanently maintained; they are fully serviced, and have telecommunications connections.

The free trade zones are an effective distribution centre for export to the Caribbean, Americas and the EU. There are no customs duties imposed for imports, trans-shipment and/or export of goods; foreign exchange transactions in respect of free zone goods are exempt from commission. Twenty five percent of total sales may be made to the local market.

Profits on export sales from the free zones are taxed at 2%.

As of April 1, 2001, special tax legislation for international Internet companies on Curacao came into force to act as an incentive to persuade e-commerce companies to relocate their activities to the Island. The new law replaced the old Free Zone law and governs 'E-Zones'. Only companies with a capital divided into shares may perform activities in the e-zones including trading or providing services to companies located outside the Netherlands Antilles.

A company may be allowed to conduct business with other firms located in an e-zone but the company has to apply to the local authority before doing so. If given the go ahead the company must meet certain criteria relating to price setting, quality of the goods and services on offer and the distribution of goods. The turnover generated through local business may not exceed 25% of the total turnover.

In terms of profit tax the profit of companies within the e-zones is taxed at 2% - including surtax - until January 1, 2026. This rate is not applicable on the profit of an e-zone company if it is generated by the sale of goods or services to companies located in the Netherlands Antilles or generated through the rendering of services to affiliated companies located in the country. In addition there is no import duty or turnover tax charged on goods entering the e-zones.

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Netherlands Antilles Import and Foreign Capital

The Central Bank of the Netherlands Antilles regulates exchange control. Imports and exports may be transacted in any convertible currency except Netherlands Antilles guilders. Foreign exchange dealings are reported for statistical purposes only (!).

A licence is required for the investment of any foreign capital into the Netherlands Antilles and is only permitted if the investment enhances the economy and social environment of the jurisdiction. A license is also necessary for the repatriation of capital and earnings from the Netherlands Antilles. Licenses are usually granted as there are no laws contrary to such repatriation.

Offshore businesses in the Netherlands Antilles are exempted from foreign exchange restrictions.

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Netherlands Antilles Foreign Investment Regime

Incentives are available to foreign investors including reduced rent of up to 40 per cent for buildings in the free zone (e-zones, see above); duty free building materials, machinery and equipment; an annual investment allowance of 8 per cent on the total investments for the first two financial years; unlimited use of carry-over losses incurred over the first four years of the company's business. A business Development Scheme is available to provide export assistance. Financing assistance is available through OBNA and Korpodeko, and trade agreements with the EU and USA are established.

Further investment incentives and subsidies are available to both foreign and domestic businesses located in the jurisdiction.

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