National Ordinance on Security Service
The National Ordinance on Security Service defines, among other things, the establishment, tasks, duties, responsibilities and powers of VDSM. The ordinance also provides for an independent supervisory committee. In this manner, the ordinance meets the requirements arising from both the Constitution of Sint Maarten and the jurisprudence of the European Court of Human Rights.
For democracy to function well on Sint Maarten, there must be a high degree of open government and effective political and judicial review. In contrast, a Security Service only works effectively if its activities remain unnoticed (if necessary) and are not public. This means that regarding transparency and control, VDSM cannot be held to the same standard as other government departments. That is why it is extremely important that the ordinance regulating VDSM is clearly defined, especially where it regards special powers.
National Decree on Designating Positions of Confidentiality and the Execution of Security Screenings
One of the tasks allocated to VDSM by the National Ordinance on Security Service is to conduct security screenings of persons holding positions in the public or private sector that are deemed vulnerable and potential avenues for posing a threat to national security. These positions are regulated by law and anchored in the National Decree on Designating Positions of Confidentiality and the Execution of Security Screenings.
The compilation of positions of confidentiality is by no means complete. It is a dynamic list due to, among other factors, the security measures that are implemented by organizations, the reorganization of an organization, the creation of new functions, etc. The positions are therefore under constant review.
The governing laws of the National Security Service Sint Maarten are listed below in pdf format. Please note, all laws are written in Dutch; the English translations, if available, are also provided.
National Ordinance on National Security Service Sint Maarten/Landsverordening Veiligheidsdienst Sint Maarten
National Decree on Designating Positions of Confidentiality and the Execution of Security Screenings/Landsbesluit Aanwijzing Vertrouwensfuncties en uitvoering van veiligheidsonderzoeken
National Ordinance Substantive Civil Servants Law/Landsverordening Materiaal Ambtenarenrecht
National Accountability Ordinance/Comptabiliteitsverordening