Read the initial assessment issued by the Dutch NCP – 3 December 2015
Read the final statement issued by the Dutch NCP – 30 November 2016
Read the evaluation statement issued by the Dutch NCP – 3 May 2017
On 8 June 2015 the Dutch NGO Both ENDS – in conjunction with and on behalf of the Brazilian NGOs Associação Fórum Suape Espaço Socioambiental, Conectas Direitos Humanos and Colônia de Pescadores do Município do Cabo de Santo Agostinho – submitted a specific instance to the Dutch NCP.
The submission alleged that the Atradius Dutch State Business (ADSB), the official credit insurance agency of the Netherlands, had not observed the Guidelines. The allegations relate to the provision of export credit insurance on behalf of and for the account of the Dutch State with respect to dredging projects by the Dutch company Van Oord for the Suape Industrial Port Complex in Suape, Brazil.
Parallel notifications were lodged with Van Oord Marine Ingenuity (Rotterdam), Van Oord Serviçios de Operações Marítimas Ltda (Rio de Janeiro) and Complexo Industrial Portuário Eraldo Gueiros – Empresa Suape, Pernambuco, which are considered by the Brazilian NCP.
On 3 December 2015, the NCP published its initial assessment accepting the specific instance for further examination. The NCP offered its mediation services to the parties with the objective of helping the parties reach an agreement on the NCP’s recommendations regarding addressing issues connected to the case itself and issues relating to due diligence, monitoring and leverage for the export credit agency sector on the basis of the Guidelines. Both parties accepted and participated in several meetings between January 2016 and July 2016, enabling constructive dialogue to take place on the topics of disclosure, due diligence, and monitoring and evaluation between the submitters, and ADSB and the Ministry of Finance.
On 30 November 2016, the NCP published a final statement concluding the specific instance. The NCP concluded that both the contracting party (CIPS, the commissioning company in Suape) and the contractor (Van Oord) could have improved their due diligence activities, including consultation with affected stakeholders.
The NCP issued a follow-up evaluation statement on the outcomes of the dialogue in May 2018.