Bibob (The Public Administration (Probity Screening) Act)
As an entrepreneur, you may be confronted with the Bibob Act. Kuyp Baar can assist you with advice in this context. For instance, in case you are confronted with a negative Bibob test or before you apply for a licence. We have experience in all areas relating to the Bibob Act.
Our clients appreciate the fact that we do not charge office costs and that you always have direct contact with your lawyer. We maintain short lines of communication, act quickly and give clear advice.
In case you wish to have advice, you may always contact us by telephone free of any obligation. After our telephone conversation, we will be able to determine whether your case is in good hands with us.
What is the Bibob Act?
The Public Administration (Probity Screening) Act, or the Bibob Act, is a relatively new legislation, introduced in 2002. The Act was amended almost a decade later on 1 July 2013 to expand the scope and simplify the application of the Act. Since that time, it has been possible to apply ‘Bibob’ test more frequently and more easily.
Very briefly, Bibob enables the conduct of integrity screenings in connection with applications for licences, or the revocation of licences and subsidies as well as government contracts. The law aims to prevent the granting of licences or contracts with which criminal activity could be facilitated.
The Bibob can be applied in several areas. The Bibob Act lists the areas covered under its scope of application. The Act distinguishes between ‘decisions’ and government contracts.
Decisions for these purposes would for example cover licences under the Licensing and Catering Act, the Games of Chance Act, the Opium Act, the Housing Act, certain environmental permits, etc. The Bibob Act also applies to certain subsidies. As regards decisions covered under its scope, the administrative body has the power to refuse to grant a licence or subsidy applied for, or to revoke a previously granted licence or subsidy, on the grounds of a serious risk that the decision would be used to exploit a criminally procured advantage, or else, to commit criminal offences.
The Bibob bureau may request advice before awarding public contracts in the construction, environment and ICT sectors. A Bibob advice may also be requested in connection with property transactions with the government.
Administrative bodies, such as municipalities, can themselves conduct BIBOB tests in connection with the licence applications, and investigate on their own whether a 'serious risk' exists. The Bibob Act therefore confers the power to refuse or revoke licence, if such serious risk can be established. If necessary, administrative bodies may also request the National Bibob Bureau for an official opinion concerning the existence, and if so, the degree of such serious risk.
In this context, it is important to note that the Act confers the power to refuse the granting of a decision even in case the person involved fails to provide the information required in order to perform the Bibob test.
As an entrepreneur therefore, it is possible that you may have to deal with the Bibob. A Bibob test is especially to be expected when applying for a catering industry licence, for example. It is important to seek advice well in time especially since a licence may be refused on the ground that the required forms were filled in incompletely or incorrectly.
Kuyp Baar advocaten provides advice and also litigates in Bibob cases. We can advise you concerning which applications are subject to Bibob, and provide you with assistance in case a licence or subsidy is revoked under the Act.