Netherlands

The Netherlands confers with its partners about existing EU legislation, and it is also a member of various international partnerships centred on particular issues such as nuclear technology, biological/chemical technology, ballistic-missile and drone technology and conventional military technology. The Netherlands is also party to a number of treaties, such as the UN Arms Trade Treaty, the Convention on Cluster Munitions and the Non-Proliferation Treaty.

Legislation and rules governing strategic goods

The most important legislation and rules that apply to the Netherlands when it comes to strategic goods and services are:

EU Regulation 2021/821 (Dual-Use Regulation)

EU Regulation 2021/821 of 20 May 2021 sets out rules on export controls for dual-use goods which apply to all EU member states and apply directly to individuals and companies based within the Union. This regulation is also referred to as the Dual-Use Regulation. Annex I of this regulation contains a complete overview of dual-use goods that require a licence.

EU Common Position on arms export controls

In the EU Common Position 2008/944/CFSP on arms export controls of 8 December 2008, the EU member states reached an agreement on a set of minimum requirements that every national export control system must meet. The essence of this policy is a set of eight criteria, which are set out in the Common Position.

Strategic Goods Decree

The ategic Goods Decree (link in Dutch) sets out additional national rules on trade in both dual-use and military goods. Among other things the Decree fleshes out certain provisions of the Dual-Use Regulation, for example with regard to the ad hoc licensing requirement.

Strategic Services Act

In addition to legislation governing the export and transshipment of military or dual-use goods and the import, export and transshipment of ‘torture goods’, there are also rules on providing technical advice or arranging the sale of strategic goods. The Strategic Services Act (link in Dutch) sets out in greater detail what services may and may not be provided. If a country is subject to an arms embargo, EU countries are not permitted to sell arms to that country. In such a case, Dutch companies or individuals are not permitted to offer technical advice either, pursuant to the Strategic Services Act.

Strategic Services Implementing Regulations

The Strategic Services Implementing Regulations (link in Dutch) fleshes out the provisions of the Strategic Services Act. Among other things these regulations contain a list of countries for which additional actions are expected from parties providing brokering services.

General Customs Act

The General Customs Act (link in Dutch) contains general national rules on the transport of goods across the border.

Economic Offences Act

The Economic Offences Act (link in Dutch) deals with, among other things, criminal offences related to the export of strategic goods and set outs the penalties and non-punitive orders that may be incurred for violations of the Act.

General Customs Regulation (for goods covered by the Anti-Torture Regulation)

Among other things the General Customs Regulation criminalises violations of the Anti-Torture Regulation related to the import, export and transshipment of ‘torture goods’.

Chemical Weapons Convention (Implementation) Act

The Chemical Weapons Convention (Implementation) Act (link in Dutch) implements the Chemical Weapons Convention in the Netherlands. The act makes it an offence to develop, produce, store, transfer, possess, use chemical weapons.