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Director’s license and the Dutch American Friendship Treaty

March 26, 2010

The administrative court of the Netherlands Antilles located in Sint Maarten, recently held a hearing regarding the denial of a director’s license which was requested on behalf of a U.S. national.

The U.S. national argued that his petition needed to be evaluated in accordance with the regulations applicable to a petition submitted by a European Dutch national. 

The court declared that the regulations in the Dutch American Friendship Treaty can only be interpreted as stating that U.S. nationals in Sint Maarten are subject to the same regulations as European Dutch nationals in Sint Maarten.

The judge reopened the hearing to continue the debate on the regulations regarding a director’s license and specifically to receive more information on the regulations applicable to European Dutch nationals.

This judgement is in accordance with decisions in the administrative court of Aruba regarding immigration requirements and privileges applicable on U.S. nationals. For assistance regarding the Dutch American Friendship Treaty in your specific case contact us at www.gobiklaw.com.

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5 Comments
  1. Alan Isadore Levitt permalink

    Pursuant to Dutch American Friendship Treaty, I have applied for Casino Controller, Controleur Tax and Controleur Finance jobs with new Country Sint Maarten. I was told by Stefan Fox, Esq here in Sint Maarten that as a highly qualified U.S. Citizen with 35 years of professional accounting and major Las Vegas casino operations valuable extensive experience, that I have same employment hiring rights as a Dutch European national. Is this true or not true? Waiting for government interview since June 2010. I was told by Director Human Resources that offers will be made by government before 10-10-10 when Sint Maarten becomes Country within Dutch Kingdom.
    Live to hear from you to decide if I will need to hire a Dutch attorney on my behalf or return to Las Vegas so I will not starve here with no job opportunity because of new Country Sint Maarten non compliance with DAFT. Thank you for expediting my request for DAFT answers.
    Sincerely, Mr Alan Isadore Levitt in Philipsburg, Sint Maarten. Tel: 01 (599) 586-6686.

    • Dear Mr. Levitt:

      In principle you have the same hiring rights. However, this does not mean that you can oblige Sint Maarten (or anyone else) to hire you based on your submission of an application. Do take note that you must comply with the applicable immigration laws. For further assistance in this matter you can contact me at bryan@gobiklaw.com.

      Regards,

      Bryan Coffie

  2. Werkhoven permalink

    I’m a Curacao Born Dutch Citizen. I Lived 18 years in the US, hwere i married and started a family. I moved back to Curacao with my American wife and kids early last year. Our request for my wife’s residency was never officially denied, since I never received a denial letter from the Bestuurs College,but I understood from an immigration worker who looked into my file that our request was denied because my wife was in Curacao when her petition was being processed. My question: Can the Dutch American Frendship Treaty be of any help to resolve our situation?

  3. Nick Bell permalink

    Dear Mr. Coffie, (response to Levitt/Coffie)

    Complying with applicable immigration laws seems to be easier said than done when you consider that there are two different sets of immigration laws and that may change based upon which political party is in power. You have the BTA, but the Netherlands and St. Maarten are still ignoring DAFT.
    So I have a couple of questions:

    1) Is St, Maarten considered to be a “Trust Territory” under the U.N. Charter – Chapter XII? If yes, What Chapter/s – Article/s may apply to St. Maarten being in breach of DAFT?

    2) I have been advised that I or another American should form a “not for profit association” as it may make more headway through the court system. What is your opinion?

    3) Lastly, Is America adhering to DAFT. How are Dutch nationals being treated upon entering and working in America? If America is ignoring DAFT then it doesn’t make much sense in pursuing this issue in St. Maarten.

    Regards,

    Nick Bell

  4. John permalink

    if you have an agent in St Maarten how often as an american are you allowed to visit them? its a business trip but is it once a moth? does anyone know what the legal time as an american that you can spend visiting your agents.

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