Country package

Sint Maarten
Implementation agenda
1 October – 31 December 2023

Since the beginning of 2021, Sint Maarten and the Netherlands have been
working on the implementation of a wide range of reforms as described in
the country package Sint Maarten. These reforms intend to contribute to
economic and social resilience of the country.
The economy of Sint Maarten must be strengthened in terms of sustainable
economic growth and income generating capacity. Good governance, solid
government finances and social cohesion are vital contributing factors. The
Country Package aims to contribute to an economy and a society that will
be more resilient in the face of crises, while offering new opportunities for
citizens and businesses.
The Country Package includes measures in the following areas: financial
management, costs and effectiveness in the public sector, taxation, the
financial sector, the economy, healthcare, education and reinforcing the
rule of law. These themes and measures as laid down in the Country
Package are periodically specified in an Implementation Agenda, with
concrete steps and actions that need to be taken to realise the reforms.
This is the Implementation Agenda for the last period of 2023, from 1
October to 31 December. While details can be found in the remainder of
this agenda, there are a few major intended results to highlight in this
introduction.
In the field of financial management of the government, the core
implementation of the new financial system will start, which will result in an
improvement of the financial administration. And although there were some
challenges and delays, the implementation of a number of quick wins will
be completed, that contribute to the improvement of the financial
management in the short term.

After the detailed screening of the education system, the recommendations
are being translated into a plan of approach by a project manager that
recently started this assignment.
With regard to taxation, updates of the tax legislation are being prepared for
implementation. At the same time, the transformation of the Tax Office has
started with the procurement of a new integrated IT system.
An integrated, balanced socio-economic reform agenda, which was
established through consultation of the social partners, is presented to the
Council of Ministers together with an implementation plan.
Finally, the draft law for introducing a system of universal, affordable health
insurance is presented to parliament in the coming period.
Overview
This Implementation agenda no longer contains the completed items from
the Implementation Agenda 2023-Q3. The as yet unfinished items from the
Implementation Agenda 2023-Q3 are still included and new agenda items for
the upcoming quarter (2023-Q4) have been added. In this way, we provide
a clear overview of the agreed upon items for the upcoming quarter. For
some measures, items have already been added for the first quarter of next
year (2024-Q1), in order to provide a (more) complete picture of the
planning for the coming period. The intended results are numbered
consecutively so it is clear no steps preceded the current agenda items.

In the field of the civil service, a first draft of an ambitious integral program
plan has been drafted that describes reforms to improve the attractiveness
of the government as an employer, and to improve the responsiveness and
effectiveness of the government organization. The next step is to determine
what is feasible (financial and capacity wise) in the coming years.
The final report of the review of the legislative function of the government
has been adapted in 2023-Q3, so this coming period a plan of approach will
be written on how to get the recommendations implemented.

S.E. Jacobs BA
Prime Minister of
Sint Maarten

A.C. van Huffelen
State Secretary of the Interior and
Kingdom Relations

2

Theme A:
Financial management

Theme E:
Economic reforms

Theme B:
Costs and effectiveness in
the public sector

Theme F:
Healthcare

Theme C:
Taxation

Theme G:
Education

Theme D:
Financial sector

Theme H:
Reinforcing the rule of law

3

Theme A: Financial management
Objective

• managing and bringing into line the financial management and financial supervision based on the need for government to be ‘in control’.

Measure (see Country Package)

Implementation activity

Intended results

Completed

Actor

Explanation

A.1

A.1.1

12. The results of the fit/gap analysis,
the impact analysis, the prepared
project initiation document and the
administrative decision-making are
formalised by means of an update of
the previously drawn up plan of
approach .

1 October 2023

Sint Maarten
+ the
Netherlands

Phase 1 of the program, the core implementation of the new
financial ERP system, is formalised by CoM. The approach for
the next phases of this multi annual program, together with
certain decision points, has yet to be formalised, via an
update of the plan of approach. During the drafting of this
agenda, this was still work in progress.

14. Go live basic design new financial
system.

1 January 2024

Sint Maarten
+ the
Netherlands

The procurement is pending. The design of the new financial
system will involve a phased approach, with the aim to have
the basic structure in production around January 2024.

8. Completed implementation process
of the quick wins to improve the
budgeting process.

1 November
2023

Sint Maarten
+ the
Netherlands

Various activities to implement the recommendations from
the review of the budget process. For example the
formalisation of the budgeting rules, the streamlining of the
process and the strengthening of the information flow.

10. Blueprint and implementation plan
for the implementation of policy based
budgeting in Sint Maarten.

1 April 2024

Sint Maarten
+ the
Netherlands

A proposal is drafted for a budget policy, design and process
that is more policy based, but fits the specific context of Sint
Maarten.

Based on existing and/or additional studies,
it will be determined how the financial pillar
of the organisation can be reinforced. Topics
to be included are financial and policy
control (both centrally and within the
departments), the audit function, and the
position of the Council of Advice and the
General Audit Chamber. Based on
proposals, decision making and
implementation will take place.

A.1.3

Study into existing financial work
processes including the processes
procure to pay and order to cash, and
an inventory of the relevant systems
used. Including fit/gap analysis for
A.1.2.

Detailed research by the Netherlands
together with Sint Maarten of the
practice of the budgetary process (in
particular the preparation and drawing
up of the budget for the coming year
and implementation of the current year
(budget amendments): budgeting
process, budgeting rules, multiyear
estimates (ordinary service and capital
service), tasks/responsibilities/
authorities and (most) relevant actors.

A.1.5

Updating the balance sheet by cleaning
up account receivables, account
payables and assets, among others.

4. Ensuring that the results are
sustainable by making agreements,
drawing up process descriptions and
providing instructions, so that new
'contamination' is prevented as much
as possible.

31 October 2023

Sint Maarten

The completion of this activity took longer than expected due
to new contamination of the financial data and technical
difficulties. These challenges have been resolved, so further
steps can be taken towards a fundamental clean up of the
accounts payable and receivable and the drafting of the
process descriptions and providing instructions. The deadline
is extended from September 2023 to October 2023.

A.1.6

Modify legal framework as basis to
strengthen financial pillar.

6. Bottleneck analysis of financial
regulations completed.

15 December
2023

Sint Maarten
+ the
Netherlands

The analysis has started as planned. Based on the latest
planning of the research firm the analysis will be completed
around December 15th. With the results of the analysis the
financial regulations can be modified or updated, where
necessary, to improve financial management.

A.1.7

Independent advice on shortening the
processing period of delivering and
reviewing the financial statement.

5. Internal control program framework
drawn up.

31 October 2023

Sint Maarten
+ the
Netherlands

Due to the challenges mentioned under activity A.1.5.4 there
was insufficient capacity available for the completion of this
activity. The analysis has been done, but the framework still
has to be drafted. Therefore the completion date will be
extended.

6. Financial Legitimacy Framework
drawn up.

15 December
2023

Sint Maarten
+ the
Netherlands

The preparation of the framework is included in the
bottleneck analysis of financial regulations (see note A.1.6.6).

1. A centralized reception of invoices.

1 January 2024

Sint Maarten
+ the
Netherlands

Improvement of the procure to pay process by getting more
grip and a better view on the invoices that have to be paid.

2. Improving the connection between
Decade and Gefis.

1 January 2024

Sint Maarten
+ the
Netherlands

Improvement of the order to cash process by getting more
grip on the comparability of the financial data in the systems
Decade and Gefis.

3. Improving the Payroll registration

1 January 2024

Sint Maarten
+ the
Netherlands

Improvement of the payroll process by adding registration
options.

A.1.9

Implementation quick wins improving
financial management

4

Measure (see Country Package)

Implementation activity

Intended results

Completed

Actor

Explanation

A.2

A.2.1

Performing a peer review at the
Department of Statistics (STAT)

8. Plan of approach adopted.

31 October 2023

Sint Maarten
and the
Netherlands

Changes to the plan caused further delay in the adaptation.
To secure a smooth approval process the plan will be
presented to the SG's and Counsel of Ministers in the coming
quarter.

A.2.2

Implementation of Department of
Statistics Plan of Approach

1. action #5 plan of approach:
improving legal expertise within the
Department of Statistics.

1 July 2024

Sint Maarten
and the
Netherlands

It has been determined that more legislative support for
drafting ordinances and MoUs is needed. Therefore the end
date has been moved.

4. action #22 plan of approach :
Making data available to researchers by
the Department of Statistics preparation of the Open Data tool.

31 December
2023

Sint Maarten
and the
Netherlands

The implementation of the CBS Open Data tool is ongoing.
The tool should be put into use before the end of the year as
planned.

5. Action #10 of plan of approach:
Governmental Central IT Department
should make sure that STATs data
confidentiality, data protection and
continuity of statistical processes are
met

31 October 2023

Sint Maarten
and the
Netherlands

Cooperation with the central IT department to ensure that
STAT´s activities align with the central policy is not running
smoothly but efforts to resolve this are being made.

6. Action #12 plan of approach :
Publish a Quality Declaration and
related documentation

1 November
2023

Sint Maarten
and the
Netherlands

The publication that will contribute to STATS transparency
has been delayed due to matters related to agenda point
A.2.2.5.

7. Actions 16 and 19 plan of approach:
Establish MoU to improve cooperation
on the business register and civil
registry.

31 December
2023

Sint Maarten
and the
Netherlands

An interministerial work group has been set up to improve
internal cooperation. The MoU's with other stakeholders are
on the legislative agenda.

Based on existing and/or additional studies,
whether and how the use of reliable
statistical information and data for policy
development and decision making can be
reinforced will be determined. Based on
proposals, decision making and
implementation will take place.

A.3

Based on existing and/or additional studies,
it will be determined whether the subsidy
policy, the implementation and the existing
subsidy relationships meet the
requirements: legality, legitimacy,
effectiveness and efficiency. On the basis of
the outcomes, adjustments will be made to
policy and/or implementation, and
unlawfully awarded subsidies will be
reclaimed taking account of the legal
frameworks and legal principles (if
proportional).

A.3.2

This measure is partly included in other
activities and will be taken up further
at a later date.

The improvement of the financial work process subsidies is
already being included in the implementation of the new
financial system (A.1.1). In addition, the bottleneck analysis
of the financial regulations (A.1.6.5) will also look at subsidy
legislation. The improvement of efficiency will be addressed
sequentially at a later time.

A.4

Based on existing and/or additional studies,
it will be determined how the procurement
function can be reinforced, so that the
government can perform the procurement
of goods and services in the most efficient
and effective manner possible.
Centralisation will be considered. Based on
proposals, decision making and
implementation will take place.

A.4.0

This measure is partly included in other
activities and will be taken up further
at a later date.

The improvement of the procurement financial work process
(procure to pay) is already included in the implementation of
the new financial system (A.1.1). In addition, the bottleneck
analysis of the financial regulations (A.1.6.5) will also look at
tender legislation. The further strengthening of the
purchasing function will be addressed sequentially at a later
date.

A.5

A Disaster Risk Management policy
including a Disaster Risk Financing strategy
will be developed and implemented.

A.5.1

Develop Disaster Risk Management
policy.

7. Financial Stability Plan adopted

1 October 2023

Sint Maarten

The draft legislation for the Financial Stability Plan has been
completed but has not yet been adopted due to internal
discussions on how to best proceed with this activity the
deadline was moved for this reason.

5

Theme B: Costs and effectiveness in the public sector
Objective

• increasing the efficiency of the public sector by reducing the public wage bill (in line with the Caribbean average of 10 percent of
GDP) and reducing the costs of the public sector in general terms;
• increasing the quality and effectiveness (including implementation capacity) in the public sector.

Measure (see Country Package)

Implementation activity

B.1

The countries are responsible for the
continuity of vital processes, including under
all circumstances: electricity, oil supply,
internet and data services, drinking water
supply, flight and aircraft handling, shipping
handling, payment transactions, the
emergency services and communication
between emergency services and medical
institutions.

B.1.1

Continuous.

B.2

Based on a complete detailed review of the
(semi) public enterprises and government
entities regarding the legitimacy of public
shareholdership (do they serve the public
interests/objectives?), effectiveness (do
they achieve the targets set?) and
efficiency, proposals will be developed and
implemented.
The objective is to reinforce governance and
operational capacity, in order to prevent
(future) losses and as a consequence risks
for the budget of Sint Maarten. It is not an
objective to arrive at a decision to dispose
of or (partially) sell off (semi) public
enterprises and government entities that
serve a defined public interest.

B.2.2

B.2.3

B.2.4

Intended results

Completed

Actor

Explanation

Performing analysis of government
public limited companies

7. Plan of Approach concerning
implementation of recommendations
adopted.

1 October 2023

Sint Maarten
+ the
Netherlands

During the drafting of this agenda, two plans of approach
regarding the design of the participation policy and the
improvements in the execution of the LNT have been sent to
TWO for assessment. Any other plan will be discussed in a
later phase.

Participation and dividend policies for
government owned companies

1. A (re)design of the participation and
dividend policy, a proposal for the
organizational embedding of the policy
and an implementation plan.

30 April 2024

Sint Maarten
+ the
Netherlands

The implementation of the recommendations stemming from
the analysis of the hired firm to improve the design and
execution of the participation and dividend policies for
government owned companies of Sint Maarten (‘overheidnv’s’), in such a way that the policies will comply with the
legal requirements and meet international standards.

2. Approval by CoM for the
implementation of the new
participation and dividend policy.

31 May 2024

Sint Maarten

Approval by CoM following the (re)design of the participation
and dividend policy after which the implementation can be
finalized. See also B.2.3.1.

1. Ministerial Decrees, Ministerial
Regulations and the necessary formats
and a proposal for the organizational
embedding of the LNT have been
drafted.

30 November
2023

Sint Maarten
+ the
Netherlands

In multiple articles of the new LNT, mandates are provided to
the Minister of Finance. This activity contains the drafting of
these Ministerial Decrees, Regulations and formats. Also it is
important that an organizational embedding is realized
stipulating the working processes roles and responsibilities.

2. Stakeholders are sufficiently
informed about the LNT.

30 November
2023

Sint Maarten
+ the
Netherlands

Concluded information sessions on the new LNT to the
overheid-nv’s for shareholders and stakeholders, including
accountants. Also establish and publish FAQ’s and an
objection procedure.

3. The statutes of the overheid-nv's
have been analyzed to remove
conflicting clauses regarding the LNT.

31 December
2023

Sint Maarten
+ the
Netherlands

Analyses of the statutes of overheid-nv’s, regarding the
removal of conflicting or limiting clauses when it comes to the
LNT-norms and clauses of Civil Code Book 2 especially with
regard to the authorization rights of the remuneration policy.

Executing and enforcing the LNT

6

Measure (see Country Package)

Implementation activity

B.3

Based on existing and/or additional studies,
the countries will work together towards
reinforcing the aviation system at Kingdom
level. This could involve close cooperation
between organisations and the organisation
of uniform work processes in accordance
with international safety requirements,
while aiming for efficiency and cost
reduction.

B.3.1

Agreements reached within the
Aviation steering group will be decisive
in the implementation of this measure.
No separate arrangements are
foreseen in the implementation
agenda.

B.4

Based on an integrated detailed review,
proposals will be developed and
implemented with a view to improving the
quality, effectiveness and implementation
capacity of the government organisation,
which will also include the effectiveness of
the Ministerial staffs.

B.4.2

B.4.3

B.5

B.6

Based on a study into employment
conditions and fringe benefits (including
overtime pay, leave settlements, special
remuneration and allowances, travel and
travel expenses, etc.) proposals will be
developed and implemented for possible
retrenchment measures.

B.5.3

In the framework of optimum staff
deployment, the staff formation, job
occupation and actual presence and
deployability of employees of government
and government organisations will be
examined. If staff wrongfully receive wage,
depending on the situation, measures will
be taken (e.g. halting wage, dismissal
process).

B.6.2

Intended results

Completed

Actor

Explanation

Risk-focused integrated detailed
review(s)

4. Analysis started.

1 October 2023

Sint Maarten
+ the
Netherlands

A delay has occurred in finding the right person(s) to do the
review. It is now expected to start somewhere in September.
The results of the review will be included in the bigger B8/9
plan of approach for the government organisation.

Strengthening legislative functions

9. Determine (other) next steps
recommendations report

1 October 2023

Sint Maarten
+ the
Netherlands

The final report has been delivered, but was not formally
established by CoM until mid July. It should now be
determined how to best implement the recommendations.
This will be done in one plan of approach with bigger outlines;
this will then be worked out in smaller projects / action plans
(see B.4.3.11/12/13).

10. Publication of the report.

1 October 2023

Sint Maarten
+
Netherlands

The final report has been approved by the CoM in July, and is
now ready to be published.

11. Drafting plan of approach for
access to digital information systems
ready.

1 October 2023

Sint Maarten

The legal affairs department needs access to digital legal
systems; quotations have been requested from several
organisations, but have not been received yet.

12. Drafting plan of approach for the
publication of legislation.

1 October 2023

Sint Maarten

Sint Maarten needs (additional) support from KOOP with the
publication of up-to-date legislation.

13. Drafting plan of approach for extra
capacity in other to consolidate older
legislation (before 2019).

1 October 2023

Sint Maarten

The current consolidation project for legislation focusses on
changes made in 2019 and later. Focal point of this activity is
the consolidation backlog from before 2019.

7. Policy response adopted
administratively.

To be
determined

Sint Maarten

The report has been delivered. Finalisation is currently being
coordinated.

8. To be determined

To be
determined

Sint Maarten
+ the
Netherlands

Follow-up will be based on the report and policy response.

8. Organising interpretation sessions
and formulating recommendations
based on the report(s) of the MTO and
the exit survey. The project team
submits the recommendations to the
Council of Ministers for decisionmaking.

1 October 2023

Sint Maarten
+ the
Netherlands

After the general feedback sessions for employees, the
specific interpretation sessions have taken place in June with
the B8/9 expert. These sessions have led to
recommendations, that the committed civil servants would
like to present to the CoM. A request for this presentations
has been sent to the PM.

9. Decision-making on
recommendations distilled from the
MTO reporting.

1 November
2023

Sint Maarten

Actions resulting from the MTO and exit survey will be
included in the bigger B8/9 plan of approach; as this plan of
approach has not been finalized yet, the deadline has been
adjusted.

In addition to the study comparing
employment conditions and fringe
benefits, a benchmark study is
executed to compare the employment
conditions from the semi (public)
sector to the private sector conditions.

An employee satisfaction survey and
exit survey will be performed within the
framework of capacity building and
retention.

7

Measure (see Country Package)

Implementation activity

B.7

An approach will be developed aimed at
reducing and managing costs for hiring
external experts.

B.7.0

Activities will be determined as soon as
the results of the government's review
are known. B.4

B.8

Based on a detailed review of the HR
function (policy, HR consultancy,
administration and instruments),
improvement proposals will be developed
and implemented.

B.8.2

Implementing recommendations for
identified items for improvement in the
roadmap.

B.9

B.10

B.11

Completed

Actor

Explanation
See B.4.2.

1. Plan of approach for implementation
of items for improvement drawn up.

1 October 2023

Sint Maarten
+ the
Netherlands

A first draft of the plan of approach (an integral program plan
in which the activities from measures B.4.2, B.5, B.6, B.8 and
B.9 are bundled) has been written. This is however not ready
for decision making, as the plan in total is (financial and
capacity wise) not realistic/feasible. Therefore the deadline
has been adjusted.

2. Plan of approach for implementation
of items for improvement adopted.

1 November
2023

Sint Maarten
+ the
Netherlands

See B.8.2.1

1. Plan of approach for implementation
of items for improvement completed.

1 October 2023

Sint Maarten
+ the
Netherlands

See B.8

2. Plan of approach for implementation
of items for improvement adopted.

1 November
2023

Sint Maarten
+ the
Netherlands

See B.8

Based on existing and/or additional studies,
a strategic personnel policy will be
developed. This will under all circumstances
include:
- a strategic staff plan in relation to the
outcome of the detailed investigation under
B.4;
- introduction of a performance
management system within the civil
service;
- limiting the political influence on staff
issues.

B.9.2

Based on existing and/or additional studies,
the needs and costs for housing will be
identified and possibilities for cost reduction
and improvements will be explored and,
once identified, implemented. The aim is a
cost reduction of 20% in 5 years (budget
2020 as reference point) and incorporated
in the budget for 2025.

B.10.2

Implementation plan for cost
reductions and improvements with
regard to housing.

5. Plan of approach adopted.

1 October 2023

Sint Maarten

The plan of approach is awaiting approval from the council of
Ministers.

B.10.3

Execution of Implementation plan for
cost reductions and improvements with
regard to housing.

1. Drafting of lists of government
buildings (owned and rented)

1 December
2023

Sint Maarten

The existing list of government buildings must be submitted
for validation. The dealine is moved due to the delay in the
adoption of the plan of approach.

2. Validation of lists of government
buildings (owned and rented)

1 January 2024

Sint Maarten

After the list has been drawn up, it is presented to the
secretary-general of General Affairs for approval. The
validation leading to the approval will be executed by SOAB
and Cadastre. This action has an adjusted deadline due to the
delay in adoption of the plan of approach which serves as a
basis for this action.

3. IT department function book
published

31 December
2023

Sint Maarten

The IT function book has been drawn up and is submitted for
approval. The publishing will follow after all needed approvals
are in.

6. Output 6 plan of approach:
Reviewing and setting up processes
within the IT department.

1 July 2024

Sint Maarten

Part of the processes are finalised. The remaining actions will
continue into next year. These will contribute to the better
performance of the IT department.

7. Delivery of the third progress report

1 October 2023

Sint Maarten

This report explains the progress of the project.

12. Four vacancies are published

1 October 2023

Sint Maarten

In relation to output 1 in the plan of approach, hiring of local
staff, the following roles will be recruited: Project manager;
Systems manager; IT policy officer; Security officer.

13. Two suitable candidates have been
selected.

31 December
2023

Sint Maarten

Given SXM job market, it is expected to fulfil at least two of
the vacancies in 2023. We need more time to fill all four
vacancies.

14. IT Demand as a re-occurring
agenda point in the SG Platform

1 October 2023

Sint Maarten

For overall coordination it is important that all ministries are
involved in the IT Demand. To secure this flow of information
it should be added to a structural gremium.

15. Delivery of the fourth progress
report

1 January 2024

Sint Maarten

This report explains the progress of the project.

In the framework of efficient government,
the possibilities for a digital government
environment and digital services will be
investigated. Based on a study, proposals
will be developed and implemented.

B.11.1

Implementing recommendations for
identified items for improvement in the
roadmap.

Intended results

Implementation Plan of Approach
Revamping the IT department

8

Measure (see Country Package)

Implementation activity

Intended results

Completed

Actor

Explanation

B.14

B.14.2

3. Execution of phases 1 and 2.1 and
2.2 from plan of approach completed.

1 December
2023

Sint Maarten

Previous deadlines for this measure were too tight. A total
NRA takes at least 2 years, where some countries even need
much more (sometimes as much as 5 years). A first draft
report is expected in September; a second version in
December.

7. Progress report second quarter
2023.

1 October 2023

Sint Maarten

This report explains the progress of the project; it has not
been received yet.

8. Progress report third quarter 2023.

1 November
2023

Sint Maarten

This report explains the progress of the project.

2. A plan of approach is being prepared
for the purchase/update of the FIU
registers.

1 October 2023

Sint Maarten

A concept plan of action had already been drawn up in the
past, but as this had never been approved and was outdated
in the meantime, a new plan needs to be drafted with the last
actions under B.14.

3. Update legislation and organising
informative sessions.

1 October 2023

Sint Maarten

A first draft of the legislation is being worked on; the first
informative sessions were held at the end of August. To
finance this, St Maarten will send a request for the remaining
amount of the contribution letter from 2021.

9. Progress report 8 submitted.

15 November
2023

Sint Maarten

This report explains the progress of the project.

10. Drafting of DOMA

1 December
2023

Sint Maarten

Drafting a Development, Operation and Maintenance
Agreement (DOMA), meant for transferring assets of PJIAH
and PJIAE to the PJIAA (the asset company). Assets will be
leased or given in usufruct (vruchtgebruik) based on legal and
financial arrangements. The ToR for someone to draft the
DOMA has been written, but no one has been selected yet.
Therefore the DOMA will not be expected before 1 December
2023.

11. Establish the new code and
legislation for the airport.

1 November
2023

Sint Maarten

With the I-Team no longer being in existence, individual
members have been requested to provide their assistance in
the legislative trajectory of the Corporate Governance
legislation (ordinance and LBHam Code). A presentation was
made to both the Council of Advice and the Council of
Ministers in preparation of the formal decision making process
in the week of August 14. The advice to present the draft
legislation for decision making by the Council of Ministers no
later than the first week of September 2023 is being
prepared. The presentations provided to the different bodies
will assist in handling the documentation more expeditiously.
In relation to the articles of incorporation, the Airport is
having an external law firm reviewing the documents, causing
a delay in the process.

12. Appointing a corporate secretary.

1 November
2023

Sint Maarten

This person will be hired by the airport. Someone has been
selected, but it still needs to be formalized.

13. Appoint a project manager (if it
turns out neccessary and possible).

1 November
2023

Sint Maarten
+ the
Netherlands

With the I-team having finished their tasks, but the project
not being finished, it might be wise to appoint a project
manager to get this project moving as it should. TWO and
SXM will explore possibilities.

1. Development of a plan of approach
to strengthen corporate governance

To be
determined

Sint Maarten

This activity is connected to B.2

Sint Maarten will satisfy the guidelines of
the CFATF in respect of tackling fraud and
money laundering. An plan of approach will
be drawn up and implemented.

B.14.3

B.15

To improve the corporate governance of
public enterprises, the ‘protocol corporate
governance (2020)’ will be adopted (in law)
and recommendations from the taskforce
corporate governance (2020) will be
implemented.

B.15.2

B.15.3

Implementation of National Risk
Assessment (NRA).

Plan of approach concerning
preparation for CFATF Mutual
Evaluation

Execute implementation plan.

Corporate governance

9

Theme C: Taxation
Objective

• the re-establishment of a robust system of taxation with a broad basis that contributes to a fair(er) distribution of income,
encourages the economy and implementation and control by the Tax and Customs Administration;
• realising adequately structured tax services.

Measure (see Country Package)

Implementation activity

Intended results

Completed

Actor

Explanation

C.1

C.1.2

4. Inventory of items from the phase 1
action plan that require calculation of
budgetary consequences.

1 October 2023

Sint Maarten
+ the
Netherlands

Before the action plan (based on the position paper adopted
earlier) can be presented to parliament, the financial
consequences of some items need evaluating. There has been
some delay in establishing the agenda of what measures
need to be calculated.

5. Draft legislative products based on
the phase 1 memo/ action plan are
presented to JZ&W for vetting.

1 December
2023

Sint Maarten
+ the
Netherlands

Next step in realizing the recommendations from the phase 1
decision memo (position paper).

6. Draft legislative products based on
the phase 1 memo/ action plan on the
agenda of Parliament.

Q1 2024

Sint Maarten
+ the
Netherlands

Turning the recommendations from the phase 1 decision
memo (position paper) into law. This pertains to part of the
recommendations from the position paper, mainly abolishing
certain elements of tax legislation.

To increase revenue and to make the
system more robust and simple, an
integrated detailed investigation will be
carried out of the financial system including
income tax. The following proposals will be
considered:
- broadening the tax base, shifting from
direct to indirect taxation and introduction
of VAT/BTW at 12.5 percent in accordance
with the proposals from the Fiscal Affairs
Department (FAD) of the IMF or ABB, in
accordance with the fiscal system for the
Caribbean Netherlands.
- measures aimed at substantial reduction
of tax expenditure and
contributions/transfers to third parties.
- limiting administrative
interference/discretionary authorities of
both civil servants and administrators (in
relation to deductible items, ‘tax holidays’).
On the basis of the detailed investigation
and recommendations, proposals will be
developed and implemented. Account will
be taken of international rules from among
others the OECD.

Create directions with regard to
reforming the tax system based on the
recommendations of the IMF and
previous proposals from Sint Maarten.

C.1.3

Cleaning, selecting and codifying
notices (aanschrijvingen); overview
has already been created.

1. Commissioned to third party to carry
out selection and codification.

1 November
2023

Sint Maarten

In recent years, a backlog has arisen in the conversion of
"aanschrijvingen" (these are interim further regulations of the
Inspector in the application of tax laws) into legislation. This
is now being addressed. The deadline for this item has been
somewhat extended because of capacity/workload issues.

C.1.4

Eliminate outdated legislation; advice
from the Advisory Board on the
necessary legislation has already been
received

1. The assignment to draw up a further
report and to amend legislation has
been granted.

See point C.1.2

Sint Maarten

This point will be further handled in conjunction with the
phase 1 position paper (see activity C.1.2).

C.1.5

Revision General National Ordinance
National Taxes (ALL)

1. ALL revision will be presented to
Parliament for consideration

As quickly as
possible in Q4

Sint Maarten

The General National Ordinances on National Taxes (ALL)
regulate a number of formal matters in the application of (all)
tax laws. Modernisation of the ALL is urgent to improve the
levying of the various taxes.
The revision is ready to be presented to Parliament; decision
making depends on the Parliament's agenda.

10

Measure (see Country Package)

Implementation activity

Intended results

Completed

Actor

Explanation

C.4

C.4.2

Purchase of an integrated IT solution
for the tax office, including an online
portal for the input of the means of
taxation for wage tax, income tax and
tax on business turnover.

8. An IT supplier is selected based on
the tender of May 2023

1 December
2023

Sint Maarten
and the
Netherlands

Instead of the earlier goal of a portal for the tax office, an
integrated IT solution will now be procured. The tender was
published on schedule, but the process was delayed by
external circumstances. The tender closed on August 4.
Selection is now expected to be finalized in November.

C.4.3

Cleaning up of the CRIB files to repair
incorrect name and address details, to
correct register relationships between
entities and to correct persons
wrongfully set to active.

C.4.4

Quick win measures: preparing and
performing (a) clean-up of data files
(see C.4.3), (b) process backlogs and
(c) collect and claim late payments at
an accelerated rate.

12. An interim final report on the quick
win measures is available.

1 October 2023

Sint Maarten

C.4.5

Revision and reinforcement of the
organisation and resources of the Tax
Office (Transformation of the Tax
Office)

2. Transformation of the Tax Office
plan of approach adopted

1 October 2023

Sint Maarten
and the
Netherlands

Preparation of the Plan of Approach took more time than
expected, but is submitted for approval in August 2023.
Adoption by CoM and TWO should take place within short.

3. Program manager and ICT project
manager have been recruited.

1 November
2023

Sint Maarten
and the
Netherlands

Execution of the Plan of Approach takes long term project
management (3 years).

1. Official agreement on content and
consideration in Council of Ministers of
the Kingdom of the Netherlands.

As quickly as
possible

Sint Maarten

Draft agreement will be submitted to the Sint Maarten Council
of Ministers for approval before 1 December 2023.

C.5

On the basis of existing and/or additional
studies, whether and how the Tax Office
can be optimised and modernised, in such a
way that tax collection can be carried out
effectively and efficiently will be
determined. Based on proposals, decision
making and implementation will take place.

A tax scheme for the Netherlands and Sint
Maarten will be agreed on, in line with
minimum Base Erosion and Profit Shifting
(BEPS) conditions, which will also consider
preventing possible profit shifting.

C.5.1

Agreed mutual scheme between the
Netherlands and Sint Maarten
(Belastingregeling Nederland Sint
Maarten).

This point is integrated with C.4.4.

11

Theme D: Financial sector
Objective

• establishing a stable financial sector that is fully able to fulfil its role in support of the real economy;
• establishing an appropriate means of regulating the financial sector, with adequate supervision and governance of compliance;
• establishing a watchdog that is able to respond effectively and timely in the event of problems with financial businesses.

Measure (see Country Package)

Implementation activity

Intended results

Completed

Actor

Explanation

D.1

D.1.1

2. Progress of the implementation of
the recommendations of the IMF will be
monitored and adjusted where
necessary.

Continuous

CBCS

As part of the Ennia resolution, the outline agreement
stipulates that the inclusion of the action points under Theme
D in the implementation agenda is desirable.

3. Setting up of a financial Stability
Committee for policy dialogue with
Ministers of Finance of Sint Maarten
and Curacao.

31 March 2024

CBCS

The date has been adjusted. A request must be made to the
IMF in Q4 2023 for advice on starting a dialogue on the
committee's institutional design. The previous deadline was
September 30, 2023.

4. Strategic Review future financial
sector

30 September
2024

CBCS

The date has been adjusted. The assignment is being
formulated for the execution of the Review. The previous
deadline was September 30, 2023.

5. Finalising implementation of risk
focussed supervision.

31 December
2024

CBCS

6. Strengthening supervision
instruments of financial institutions for
accountability purposes .

30 September
2023

CBCS

7. Review of the resolution framework
and implementation DGS.

31 December
2024

CBCS

An integrated detailed investigation of the
financial sector will be carried out by an
external independent party. Based on the
outcomes of this detailed investigation,
measures will be formulated to address
shortcomings.

As quickly as possible, implementing
the measures to address shortcomings
in response to the recommendations
from the IMF with regard to the
financial sector of the monetary union
Curaçao-Sint Maarten.

D.2

An integrated detailed investigation will be
carried out into the system of supervision
(legislation and regulations, supervisory
policy) of the financial market by an
external independent party.
Based on the outcomes of this detailed
investigation, measures will be formulated
to address shortcomings.

D.2.1

As quickly as possible, implementing
the measures to address shortcomings
in response to the recommendations
from the IMF with regard to the
financial sector of the monetary union
Curaçao-Sint Maarten.

2. Progress of the implementation of
the recommendations of the IMF will be
monitored and adjusted where
necessary. During the further execution
of the reform programme by the CBCS,
the transition to risk-based overview
and strengthening enforcement of
supervision will be prioritised.

Continuous

CBCS

D.4

Known shortcomings in legislation and
regulations will be modernised, under all
circumstances including introduction of the
Deposit Guarantee System (DGS) and
modernisation of the resolution framework).
Overview of which legislation should be
adjusted, followed by adjustment, decision
making and implementation of the
legislation.

D.4.1

Continuation of plan of approach CBCS,
development of legislation calendar
and agreements with WJZ on
reinforcing legislative capacity.

2. Implementation of legislation
calendar. During the further execution
of the reform programme by the CBCS
and in line with the IMF
recommendations, the modernisations
of the resolution framework will be
prioritised. Additionally, CBCS will
develop a roadmap to address the
results of the scheduled asset quality
review.

Continuous

CBCS + Sint
Maarten

D.5

The governance of the CBCS will be
reinforced, in accordance with international
best practices, including the separation of
the various tasks within the CBCS.

D.5.2

As quickly as possible, implementing
the measures to address shortcomings
in response to the recommendations
from the IMF with regard to the
internal organisations of the CBCS.

1. Monitor recommendations progress
as a result of review The complete
independence of the CBCS is the main
priority in following up on the
recommendations from the IMF report.

Continuous

CBCS + Sint
Maarten

Internal governance is a responsibility of the CBCS. Guarding
independence is the responsibility of both the countries of
Curaçao and Sint Maarten and of the CBCS.

12

Theme E: Economic reforms
Objective

• establishing a sound, dynamic and resilient economy;
• establishing a robust and affordable social security system, that applies stimuli at the right place.

Measure (see Country Package)

Implementation activity

Intended results

Completed

Actor

Explanation

E.1

An integrated analysis of the current labour
market policy, legislation and regulations
will be carried out on the basis of which the
labour market policy will be updated and
modernised. Measures such as shorter
working hours, part-time employment,
short-term contracts, flexible dismissal
laws, removal of obstacles to employing
foreign workers, illegal employment and
tackling youth unemployment will be
included in the analysis. Based on the
analysis, proposals will be developed and
implemented.

E.1.2

4. All preparatory steps for a
conference on the integral socioeconomic reform agenda have been
taken.

As soon as
possible in Q4
2023

Sint Maarten

The communication plan connected to the integral agenda
calls for a conference to gain stakeholder and community buy
in. Preparatory steps include all conference planning and
logistics. Including setting the date and sending out a savethe-date to participants.

5. Stakeholder conference on the
integral socio-economic reform agenda
has taken place

As soon as
possible in Q1
2024

Sint Maarten

The communication plan connected to the integral agenda
calls for a conference to gain stakeholder and community buy
in. If possible, this conference will take place in 2023, but no
later than the first months of 2024.

E.2

The informal economy and illegal work will
be dealt with. Based on the study into the
scale of the informal economy, proposals
will be developed and implemented.

E.2.0

This will be incorporated in the socioeconomic reform agenda

E.3

Illegal employment of foreign workers will
be dealt with. As study will be carried out
into illegal employment of foreign workers.
Based on the results and recommendations,
proposals will be developed and
implemented.

E.3.3

Implement implementation plans for
measures against illegal employment.

6. With regard to short-term measure
2 from the implementation plan of E3.3
(synchronisation of the application for
work and residence permits); Taskforce
Pilot Project (TPP) communication plan
has been implemented.

31 december
2023

Sint Maarten

Since inception of the Pilot Project January 16th 2023 –
changes and revisions have taken place. The pilot is now in
motion and expected to finish well before the end of Q4.

7. Attn short-term measure 4:
administrative enforcement legislation
will be revised so that fines can be
imposed in the event of illegal
employment. Advice by Council of
Advice available.

As soon as
possible in Q4
2023

Sint Maarten

The legislation is ready to be sent to CoA. Advice should be
available well before the end of Q4.

E.4

The system of social security will be given
an activation function, with the appropriate
stimuli, while also ensuring an adequate
social catch net. Based on existing and/or
additional studies, proposals will be
developed and implemented. Viewed in
combination with the measures concerning
the reform of the labour market.

E.4.2

Integral socio-economic reform agenda
(see also measures E.3 and E.4)

Integral socio-economic reform agenda
(see also measures E.3 and E.4)

See measure E.1.2. the integral socio-economic agenda is a
follow-up to E1, E3 and E4. The progress is further shown
under E1.

13

Measure (see Country Package)

Implementation activity

E.5

Sint Maarten will raise the retirement age to
66 (in 2025) unless independent studies
show that raising the retirement age to 66
in 2025 is not realistic, and there are
alternative proposals with the same
budgetary effect. An independent economic
institute (appointed by the TWO in
consultation with the country) will map out
the structural budgetary effects for the
affordability of pensions and social security
if the retirement age is raised to 66 years in
2025 and were to be further raised by
indexing to life expectancy, and will
calculate any alternative proposals. The
outcomes will be presented to Sint Maarten
and the Netherlands, followed in
consultation by an assessment of how the
study results should be implemented.

E.5.0

The issue of the pension age is
included in the integral socio-economic
agenda.

E.6

Entrepreneurship and the investment
climate will be prompted. In connection to
this it is essential that, amongst other
things, the licencing system be optimised,
the costs of doing business lowered and
bureaucracy (red tape) removed.
Proposals will be developed and
implemented on the basis of an integral
review of (among other things) laws &
legislation.

E.6.2

Implementation of the
recommendations stemming from the
research into the entrepreneurship and
investment climate.

E.7

Development and implementation of land
policy and spatial plan policy.

Intended results

Completed

Actor

Explanation
See measures E.1 to E.4.

2. Plan of approach concerning
implementation of recommendations
adopted.

1 October 2023

Sint Maarten
+ the
Netherlands

The PoA has been finalized and submitted to TWO-NL and the
Ministry of General Affairs SXM.

3. Implement recommendations 1.1,
1.2, 1.6 and 1.10 from the
entrepreneurship and investment
climate study.

1 October 2023

Sint Maarten
+ the
Netherlands

Measures 1.2 and 1.6 have been completed. Measure 1.1
requires the external expertise (Project Manager) and as such
the date has been adjusted to be in line with the proposed
plan of approach.
Measure 1.10, re-evaluation and possible loosening or
abolishment of moratoria, is not yet completed. The
evaluation is ready but not approved by the responsible
minister. Discussion with the Minister on the proposed
changes will occur within short to have new moratoria list
approved.

4. Implement recommendations 3.1,
3.3 and 3.4 from the entrepreneurship
and investment climate study.

1 December
2026

Sint Maarten
+ the
Netherlands

Measure 3.1 has been completed, but will need to be updated
after all other related measures have been completed.
Deadlines adjusted to be in line with deadlines in the PoA,
given that external expertise (Project Mgr) is required for
these measures. The required expertise will be hired through
public procurement.

5. Execute other priorities (1.3, 1.7,
1.8, 1.9 and 5.1)

1 December
2026

Sint Maarten
+ the
Netherlands

In line with deadlines in the Plan of Approach. Assessing the
feasibility of these measures and implementation into law
requires additional expertise and time. This is part of the
above mentioned procurement process.

E.7.1

Drafting a plan of approach based on
four pillars: 1. Creating a spatial
economic strategy, 2. Land allocation
policy including land inventory, 3. Land
price policy, 4. administrative and
financial backlogs

4. Plan of approach adopted.

1 November
2023

Sint Maarten
+ the
Netherlands

The deadline has been adjusted due to changes to the
original plan, mainly aimed at capacity challenges within the
Ministry. The changes were proposed to ensure the plan is
executable, the points of concern need to be addressed
before final adaptation can take place. The plan of approach
is approved at ministerial level but still has to be approved by
the Counsel of Ministers.

E.7.2

Implementation of the four pillars: 1.
Creating a spatial economic strategy,
2. Land allocation policy including land
inventory, 3. Land price policy, 4.
administrative and financial backlogs

1. Terms of Reference for temporary
workers to organize the Domain affairs
administration is drafted.

1 October 2023

Sint Maarten
+ the
Netherlands

Organize land administration at Domain affairs

2. Finalise Terms of Reference for the
required Project Managers: 1. Backlog
plans of approach; 2. Spacial Economic
Strategy; 3. Land prices and issuance
policy .

1 October 2023

Sint Maarten
+ the
Netherlands

Drafting and approval of the terms of reference for the 3
project managers.

3. Analysis and implementation plan
for the digitization of Domain affairs

1 January 2024

Sint Maarten
+ the
Netherlands

The plan will be drafted by the Domain department in
cooperation with central IT to secure a transition to Microsoft
Dynamics CRM.

14

Theme F: Healthcare
Objective

• managing and ensuring continued management of COVID-19;
• securing the continuity of acute care;
• the efficient structuring of care and establishing a robust and affordable care system.

Measure (see Country Package)

Implementation activity

Intended results

Completed

Actor

Explanation

F.1

To be able to manage COVID-19 and to
maintain its manageability, the
recommendations from the OMT Caribbean
area (24 April 2020 and 3 June 2020) will
be implemented, including under all
circumstances the following measures:
- maintaining available IC capacity;
- strengthening public health services
(including source and contact
investigations);
- keeping sufficient personal protective
equipment (PPE) in stock;
- increasing and maintaining test capacity;
- introducing syndrome surveillance;
- guaranteeing sufficient air ambulance
capacity;
- purchasing COVID vaccine and implement
vaccination program (when vaccine is
available).

F.1.2

1. Draft two pager on the revision of
Public Health Ordinance officially ready
for approval by the Minister of VSA.

1 October 2023

Sint Maarten
+ the
Netherlands

Two pager is pending feedback by TWO, expected before Q4.

2. Plan of Approach on revised Public
Health Ordinance agreed by the Council
of Ministers and TWO.

31 January 2024

Sint Maarten

This follows the previous point.

Based on existing and/or additional studies
into efficiency (including financing) and
effectiveness of healthcare and the
outcomes of measure F.2, proposals will be
developed and implemented. Possibilities
include reassessing the insurance package
and introducing own payments.

F.3.1

21. Public awareness material designed
and approved

31 December
2023

Sint Maarten

Order of the planning has changed, see result 23. Earlier
bidding procedure did not yield a suitable supplier. Next
procedure has been started.

22. Council of Advice received

15 October 2023

Sint Maarten

Uncertainty connected to Social Economic Council Advice has
caused a delay. Urgent request for advice has been submitted
to the Council of Advice. Response pending.

23. Knowledge partner for public
awareness campaign has been
contracted and phase 1 (research)
completed.

30 September
2023

Sint Maarten

Earlier bidding procedure did not yield a suitable supplier.
Next procedure has been started. After supplier selection,
result 21 can be planned again as well.

24. Further report written and GHI LV
and LB ham presented to parliament

30 November
2023

Sint Maarten

Depends on the timing of point 22 (above).

25. Overview of gaps and needsanalyses of executing agencies, SZV
and Tax Office, finalized, start of
change management program.

1 October 2023

Sint Maarten

GHI will mainly be executed by SZV and to a lesser extent
the Tax Office. Both have to be prepared before 1 January
2024. This is the final round of preparation assessment.

F.3

Pandemic preparedness: Revise the
2016 Health Ordinance and associated
protocols to promote pandemic
preparedness. Training of relevant staff
on these procedures and protocols.

Drawing up and implementing action
plan with the aim of increasing the
effectiveness and efficiency of longterm care (General Health Insurance).

15

Measure (see Country Package)

Implementation activity

Intended results

Completed

Actor

Explanation

F.3

F.3.2

7. Implemented interface with the
second lab on SXM

31 december
2023

Sint Maarten

Implementation of the interface with the second lab was
delayed. Previous deadline was September 1.

8. The legislative documents for Law
Amendments PCCP phase II are
drafted and vetted including advice of
Legal Affairs and Advice Council of
Advice.

1 October 2023

Sint Maarten

It is expected that the legislation will pass before the end of
2023. This legislative trajectory moves according to plan.

9. Decision on filling in the "prevention"
part of the PCCP, prevention and
health care infrastructure plan of
approach.

As soon as
possible in Q4
2023

Sint Maarten

This item will be coordinated with item F.3.5. A "Report with
possible prevention programs" is ready and waiting for
approval by VSA. Decision on the way forward is expected in
Q4.

1. Draft Plan of Approach for legislation
and mental health care policy officially
ready for approval by the Minister of
VSA.

1 November
2023

Sint Maarten

Draft plan of approach has been shared with the Netherlands.
Additional assistance by VNG international has been assured,
which has changed the timeline, now expected before 1
November 2023.

2. Plan of approach Mental health care
plan agreed by the Council of Ministers
and TWO

28 February
2024

Sint Maarten

Timing depends on previous point F.3.3-1

1. Draft two pager on revision of
legislation inspection VSA officially
ready including coordination between
work (E) and health (F) officially ready
for approval by the Minister of VSA.

1 October 2023

Sint Maarten
+ the
Netherlands

Draft two pager has been shared with TWO. Deadline shifted
due to delay on the side of TWO.

2. Plan of Approach revision of
legislation inspection VSA officially
ready, including coordination between
work (E) and health (F) agreed by the
Council of Ministers and TWO

31 January 2024

Sint Maarten

Timing depends on previous point F.3.4-1

1. Draft two pager for prevention and
reduction of Non-Communicable
Diseases officially ready for approval by
the Minister of VSA.

1 October 2023

Sint Maarten

STEPS (population health) survey funding has first been
approved, in a project in cooperation with PAHO/WHO (Pan
American Health Organisation, World Health Organisation).
This survey is currently being conducted. Concurrently, work
on two-pager and Plan of Approach will continue.

2. Plan of Approach for prevention and
reduction of Non-Communicable
Diseases agreed by the Council of
Ministers and TWO.

31 January 2024

Sint Maarten

See previous point F.3.5-1

Cont.

F.3.3

F.3.4

F.3.5

Drawing up action plan with a view to
increasing the sustainability of the
healthcare system in the short term,
under all circumstances considering the
implementation of the needs
assessment of healthcare institutions,
efficient purchase of medicines and
preventive care.

Drawing up and implementing action
plan with the aim of increasing the
effectiveness and efficiency of longterm care (legislation and policy
concerning mental health care).

Drawing up and implementing action
plan with the aim of increasing the
effectiveness and efficiency of
supervision on healthcare and labour
(revision of Inspection VSA legislation).
See also theme E.

Drawing up and implementing action
plan with the aim of increasing the
effectiveness and efficiency of health
prevention programs. (Action plan for
prevention and reduction of NonCommunicable Diseases)

16

Theme G: Education
Objective

• establishing basic quality in education;
• establishing a solid link between education and the labour market;
• establishing good transition between systems of education (in European Netherlands and elsewhere).

Measure (see Country Package)

Implementation activity

Intended results

Completed

Actor

Explanation

G.1

G.1.1

10. Draft the plan of approach

31 December
2023

Sint Maarten

The plan of approach will be drawn up with the assistance of
the project manager that recently started the assignment.
Aim is to finalise before the end of this year.

11. Appointment legislative support
finalised

31 December
2023

Sint Maarten

The advice process for approval of the legislative support is
ongoing.

A group of experts from the four countries /
group of educational experts from the four
countries is carrying out a detailed
investigation of the entire education
system, including all public and private
stakeholders, including government. The
study will under all circumstances cover:
- educational quality, teaching methods and
resources;
- connection between education and the
labour market;
- transition between nursery, primary,
secondary education and secondary
vocational education (mbo) / higher
education (ho) / university education (in the
European Netherlands and elsewhere);
- efficiency and effectiveness of education
funding, mitigating inefficiencies in the
system;
- strengthening the quality improvement
through effective supervision by, among
others, the inspectorates;
- cooperation between education and
development facilities in the region (and
possibly the European Netherlands).

Detailed screening of the education
system.

Under all circumstances, the educational
inspectorates of the four countries will be
involved.
Based on the outcomes of the detailed
investigation, measures will be developed
and implemented.

17

Theme H: Reinforcing the rule of law
Objective

• contributing to the reinforcement of the rule of law, at least by focusing on reinforcing border controls, the
approach to tackling financial and economic crime and improving the detention system.

Measure (see Country Package)

Implementation activity

H.1

In the interest of the stability of public order
and security, until further notice, no
cutbacks will be implemented that limit the
operational capacity within the most vital
sectors under the rule of law (The Police
Force, Customs, National Detectives, the
Prosecutor's Office, the Courts, Coast
Guard, Prison and House of Detention,
National Security Service)

H.1.1

Continuous.

H.2

Based on existing and/or additional studies,
whether and how the physical and online
gambling sector needs to be reformed will
be determined. The aim is to increase the
revenue for government. Based on
proposals, decision making and
implementation will take place.

H.2.3

Drafting new gambling legislation

Intended results

Completed

Actor

Explanation
During the JVO in June 2023, the four countries discussed the
capacity issue within the law enforcement departments and
the related imbalance. This discussion will be continued in an
official working group in preparation for the JVO of January
2024.

3. Drafting a new gambling law.

31 december
2023

Sint Maarten

Points of view on the new law will be asked from relevant
institutions like FIU and OM. The Wet Kansspelen op afstand
(Wet Koa) will also be taken up in the draft.

6. The TWO to receive the proposal for
an organisational structure of the Sint
Maarten Gaming Authority (SMGA)

To be
determined

Sint Maarten
+ the
Netherlands

The organizational structure of the SMGA will be part of the
Business Case that is delayed due to scope change. The
adjusted Terms of Reference will be published in October.

7. Feedback/advice on proposed
organisational structure Sint Maarten
Gaming Authority (SMGA) by the
Netherlands

To be
determined

Sint Maarten
+ the
Netherlands

Depending on Business Case delivery. See H.2.3.6

H.2.5

Research into gambling addiction by an
external party

2. Commissioning research into
gambling addiction on Sint Maarten

1 December
2023

Sint Maarten
+ the
Netherlands

The Terms of Reference are being drafted.

H.2.6

Business case Sint Maarten Gaming
Authority

2. Assign business case assignment

1 November
2023

Sint Maarten
+ the
Netherlands

Due to a change of the scope of the Terms of Reference the
BC has not been assigned yet. The adjusted ToR will be
published in October.

H.2.7

Drafting new gambling legislation

1. SXM drafts the necessary LB
h.a.m.'s

1 January 2024

Sint Maarten

SXM is in the process of drafting lower laws and regulations,
like the LB h.a.m. on Loterijen (Loterijbesluit). Several LB
h.a.m.'s need to be written, it is unclear at the moment when
they will be all finished in draft. An overview of necessary LB
h.a.m.'s and regulations has been made to support this.

2. The TWO provides feedback/advice
on drafted legislation and regulations

To be
determined

The
Netherlands

Once an LB h.a.m. is finished in draft it will be shared with
the TWO for feedback and advice.

3. Feedback/advice on lower laws and
regulations is processed

To be
determined

Sint Maarten

Once SXM receives feedback and advice on a certain LB
h.a.m. or regulation, this feedback and advice will be
processed.

18

Measure (see Country Package)

Implementation activity

Intended results

Completed

Actor

Explanation

H.9

H.9.1

6. Chapter 3 draft bill

1 April 2024

Sint Maarten
+ the
Netherlands

Ambition to finalize in January will most likely not be realistic.
There is a slight delay due to the complexity of the matter.

7. Implementation test draft bill

To be
determined

Sint Maarten
+ the
Netherlands

8. Clarity on country request for
assistance

To be
determined

The
Netherlands

The request was met with a positive response. The details will
need to be worked out.

5. The 2023 crime fund policy plan has
been adopted.

1 October 2023

Sint Maarten

Deadlines have been adjusted, as the ministry is working on
eliminating the incurred delay. Additional feedback from
stakeholders on the policy plan has been received and is
being processed. The next step is the formal adoption of the
policy plan by the Minister of Justice.

6. The Crime fund manual has been
adopted.

1 October 2023

Sint Maarten

Deadlines have been adjusted, as the ministry is working on
eliminating the incurred delay. Additional feedback from
relevant stakeholders on the handbook has been received and
is being processed. Adoption of the handbook depends on the
policy plan.

7. The financial administration has
been set up.

1 October 2023

Sint Maarten

Deadlines have been adjusted, as the ministry is working on
eliminating the incurred delay. A digital processing system
has already been purchased. The finance department of the
Ministry of Justice is currently working on the implementation
of this system.

8. An implementing organisation has
been established and trained.

1 October 2023

Sint Maarten

The establishment and operation of the implementing
organisation depends on the set-up of the financial
administration with which the implementing organisation will
work. Given the delay, the deadline has been moved.

9. A Crime Prevention Steering group
has been established and set up.

1 November
2023

Sint Maarten

The establishment of the steering group on the basis of the
National Decree has not yet taken place. The establishment
of the steering committee has been delayed as no candidates
have yet been selected. The deadline has therefore been
postponed.

10. Evaluation completed and project
closed.

To be
determined

Sint Maarten

The evaluation and completion can take place after
completion of the aforementioned points.

H.12

Countries will work together towards to a
harmonised level of protection of personal
data within the Kingdom on the basis of a
Kingdom Act. A plan of approach will be
developed and implemented.

The management and supervision of the
crime fund will be restructured. Curaçao
and Sint Maarten will follow upon the
recommendations from the reports by the
Law Enforcement Council. At the latest by
15 June 2021, the countries will have
appointed an executive organization to
monitor the fund for compliance in line with
the recommendations and to report on
correct functioning of the fund.

H.12.1

Implement project phase based on
adopted plan of approach .

Follow up on the recommendations
from the reports by the Law
Enforcement Council with regard to the
crime fund.

19

Country package
Sint Maarten
Implementation agenda 1 October – 31 December 2023