As from 1 August 2008, the Algemene Douanewet (in English: General law on Customs”) has entered info force. Due to the coming into force of the General law on Customs, the old legislation on Dutch export controls will cease to be effective. The Besluit strategische goederen en Uitvoeringsregeling strategische goederen (“Dutch legislation on export controls”) has entered into force on 1 August, 2008.
The new legislation on Dutch export controls contains separate provisions on military goods and Dual-use goods. The reason for this is that the European Union (“EU”) has a common regime for Dual-use goods. The EU has adopted legislation (i.e. Regulation (EC) 1334/2000, “Dual-Use Regulation”) that is directly applicable in all EU Member States. This is, however, not the case for military goods.
As regards to dual-use goods, the Dutch export controls legislation stipulates the prohibition to act contrary to certain Articles of the Dual-Use Regulation. Furthermore, it contains provisions on export licences. The Dutch Ministry of Economic Affairs is the competent authority in the Netherlands that issues export licences. Applications for export licences have to be filed with the Central Agency for Import and Export (Centrale Dienst voor In en Uitvoer, “CDIU”).
The Dutch legislation on export controls provides that it is prohibited to export or transport military goods without an export licence. There are, however, certain exceptions. For example, an export licence is not required for transport and export of military goods to Belgium and Luxembourg. Military goods are defined as military goods listed in the EU Common List of Military Goods and as goods defined in Article 3 of the Uitvoeringswet verdrag chemische wapens (in English: Chemical Weapons Convention (Implementation) Act.
The obligation to notify applies to transport and export of military goods, for which an export licence is not required. Such transports and exports have to be notified to the Tax inspector of Customs North.
A major amendment compared to the old legislation on Dutch export controls is that the exception of export licences for military goods for “rapid transport” has been abolished.
Violations of Dutch export controls legislation are sanctioned by criminal sanctions. The criminal sanctions are not laid down in the General Law on Customs, but in the Wet op de Economische Delicten (in English: Economic Offences Act).