Open letter to the members of Parliament and the government; Protection against sanction pressure
17 september 2026
To: members of Parliament and the government
Subject: Protection of European organisations against foreign sanctions
Dear MPs, honourable members of the Cabinet,
Since 1848, freedom of expression, including freedom of the press and freedom of the printed press, has been enshrined in the constitution. It is a fundamental right in the Netherlands to express views and thoughts publicly or to make them known. A democratic society can only function properly if these freedoms, as one of the key prerequisites for a well-functioning constitutional state, are properly protected.
It is therefore deeply worrying that the USA government is using sanctions to silence ideological opponents. Sometimes directly, as in the case of the judges at the International Criminal Court, and sometimes indirectly, as in the case of the internet service provider A/I. These are no longer isolated incidents. This is an undermining of the rule of law, freedom of expression and the open and free internet.
These sanctions have far-reaching consequences. In addition to those subjected to sanctions themselves, they also affect thousands of European citizens, organisations and businesses who are facing the effects of (the fear of) secondary sanctions. This painfully exposes how dependent Europe is on the USA when it comes to our digital and financial infrastructure. This dependence undermines the sovereignty of Europe, its business community and its citizens.
The undersigned ask you to prioritise achieving independence from the USA as soon as possible, to speak out against disproportionate USA sanctions, and to protect European internet services and their users from foreign sanctions pressure. We call on you to take five measures:
- Make the creation of an independent European digital infrastructure a priority
- Take diplomatic action against disproportionate sanctions
- Ensure European legal protection and practical assistance
- Protect banking services for organisations and businesses
- Safeguard digital and financial services for the International Criminal Court
Backgroud:
On 26 August, the USA sanctions authority OFAC placed the Italian internet service provider Autistici/Inventati (A/I) on a sanctions list. A/I provides web hosting and email services worldwide to around 20,000 activist groups. The Trump administration claims that A/I provides the digital infrastructure for violent anti-fascist groups. A/I rejects these allegations. Placing an internet service provider on a sanctions list is an unusually disproportionate measure: There are procedures in place for taking websites or accounts containing harmful content offline. Traditionally, the underlying
digital infrastructure has been regarded as neutral.
USA citizens and companies are prohibited from providing assistance to or doing business with individuals or organisations on the USA sanctions list. As a result, autistici.org was blocked on 28 August by Public Interest Registry (PIR), the USA administrator of the .org domain. Subsequently, Banca Etica, an Italian bank not subject to USA legislation, announced on 8 September that it would discontinue A/I’s services within 10 days, for fear that it would otherwise be
expelled from the USA Visa payment system1(Dutch).
A/I has now ceased its operations. This was not primarily because the
bank account was closed: just before it closed, the organisation prepaid as many cloud services as possible
for two years in advance. The decisive factor was the fear of secondary sanctions for ‘material support’ against other organisations and individuals associated with it. The deterrent effect therefore affects precisely those parties that are not themselves on any sanctions list. Furthermore, an organisation without a bank account cannot survive in the long term.
The judges of the International Criminal Court, based in the Netherlands, also found that, after being placed on a USA sanctions list, they were no longer able to open a bank account at any bank in Europe2(Dutch). This is a consequence of the European payment system’s heavy reliance on the USA. We see this in the Netherlands too: all Dutch banks use the networks of the USA-based Visa and Mastercard. The USA sanctions list therefore has alarming side effects that have a far-reaching impact on citizens, businesses and organisations across Europe.
Internet companies in the Netherlands are concerned that they too may be affected by (the knock-on effects
of) measures taken in the USA. That concern is no longer hypothetical: a Dutch provider says it is no longer accepting commissions from the International Criminal Court, following the USA intervention against the Italian internet service provider3(Dutch). On September 14th, the Members Kathmann and El Boujdaini submitted written questions on this matter to the State Secretary for Economic Affairs and Climate Policy and the Minister for Foreign Affairs4(Dutch). We support these questions and, with this letter, wish to provide a broader picture: what is happening at the International Criminal Court is equally relevant to civil society organisations, their hosting and domain names, and their payment transactions.
The undersigned therefore make the following appeals to politicians and government:
1 Invest in independent European digital infrastructure
Give high priority to building an independent European digital infrastructure. Encourage the development of open source Dutch and European alternatives for essential digital services: cloud (including domain names, hosting and email), social media and payments. Support organisations in migrating data and services. As a government, set a good example by relocating public services (such as VAT administration) within the EU. Reduce dependence on a single supplier or state, whilst maintaining open standards and a single global internet.
2 Take diplomatic action
Speak out against the disproportionate impact of extraterritorial foreign sanctions on European service providers and their users. Discuss this matter urgently with the USA Government, preferably at EU level. Call for safeguards regarding communication, avenues of appeal, independent review and protection for users who are not themselves subject to sanctions. In doing so, assess the role that the European Anti-Coercion Instrument can play in warding off pressure on the European internet sector.
3 European legal protection and practical assistance
Work with the European Commission to put forward proposals to protect legitimate activities in Europe. Explore extending the Blocking Regulation, which currently only covers certain USA measures concerning Cuba and Iran, and ensure its enforcement against parties that apply extraterritorial sanctions of their own accord without a European legal basis. As long as co-operating as a precaution remains the safest course of action, protection exists only on paper. Provide a point of contact, legal assistance and practical support to ensure the continuation of essential services.
4 Protect banking services for organisations and businesses
Arrange for additional protection for organisations and businesses that lose access to banking services as a result of
foreign sanctions. In the Jenec case (C-81/24, 11 June 2026), the Court of Justice of the European Union ruled that an OFAC designation alone is insufficient grounds to refuse a consumer a basic payment account. This consumer right
does not automatically apply to organisations and businesses. Establish procedures for individual assessment, the provision of reasons and a swift appeals process with banks and supervisory authorities. Identify the necessary legislative amendments, whilst maintaining the existing sanctions and rules against money laundering and terrorist financing.
5 Safeguard digital and financial services for the International Criminal Court
Drawing on the Netherlands’ responsibility as host country, draw up a plan to ensure that digital and financial services remain available to the International Criminal Court. Involve the Court, banks and Dutch suppliers. Organise this as a single interdepartmental task under a coordinating minister, involving at least the Ministries of Foreign Affairs, Justice and Security, Finance and Economic Affairs and Climate Policy at the table. Arrange alternative services in the event of an impending outage and provide legal support for suppliers. Report on the outcomes of previous measures and the risks that remain.
We ask the Government to provide a response regarding immediate assistance in the event of imminent service disruption, in conjunction with its response to the parliamentary questions of 14 September and, in any event, before the committee debate on ‘Digitalisation of Government and Supervision’ on 30 September, and to present, within six weeks, a plan setting out measures, the ministers responsible and deadlines. We ask the House to take this letter into account during that debate.
Yours faithfully,
1) De Koning, M. (2026, 1 september) Als de Amerikaanse regering je tot terrorist heeft bestempeld: deze Italiaanse internetprovider kwam vorige week op de sanctielijst NRC https://www.nrc.nl/nieuws/2026/09/01/vs-zetten-italiaanse-internetprovider-op-terrorismelijst-burgerrechtenorganisaties-bezorgd-a4935569
2) Lash, T. (2026, 10 september) Als Trump het op je gemunt heeft, kun je ook in Europa niet meer pinnen Correspondent https://decorrespondent.nl/17244/als-trump-het-op-je-gemunt-heeft-kun-je-ook-in-europa-niet-meer-pinnen
3) De Koning, M. (2026, 8 september) Amerikaanse sanctiebeleid jaagt Europese internetsector angst aan NRC,
https://www.nrc.nl/nieuws/2026/09/08/amerikaanse-sanctiebeleid-jaagt-europese-internetsector-angst-aan
4) Kamervragen van de leden Kathmann (GroenLinks-PvdA) en El Boujdaini (D66) over de gevolgen van Amerikaans sanctiebeleid voor Nederlandse internetproviders, 14 september 2026.