Does the Netherlands have a sanctions regime in place?
Does the Netherlands implement UN sanctions?
Yes. The Netherlands is a member of the European Union, which implements UN sanctions in all member states by way of directly applicable regulations.
Does the Netherlands implement an autonomous sanctions regime?
Yes. The Netherlands’ autonomous sanctions regime relies on the sanctions set up by the UN Security Council, the EU, and other jurisdictions such as the US, as well as implementing sanctions without prior action from the UN or the EU. The latter types of sanctions are often targeted at individuals who are directly or indirectly connected with terrorism in the Netherlands, or may relate to regimes whose actions have affected the Netherlands.
What is the nature of the sanctions regime in the Netherlands?
The Netherlands enacts legislation that allows for the implementation of EU and UN sanctions. The overarching legislation is the Sanctions Act 1977, which sets down UN and EU sanctions into sanctions orders. The Sanctions Act requires all persons and entities in the Netherlands, and all Dutch nationals overseas, to comply with the Dutch sanctions regime.
Sanctions can include arms embargoes, embargoes on specific goods, financial sanctions that put restrictions on loans and credit, asset freezes of certain people and companies as well as travel and visa restrictions for certain individuals.
Does the Netherlands maintain a list of sanctioned individuals and entities?
Yes. The Netherlands maintains a list of sanctioned individuals and entities based on national law. The Netherlands also uses an up-to-date EU list of organisations and people subject to financial sanctions. The list itself also contains references to specific regulations which contain restrictions.
Are there any other lists related to sanctions?
Yes. Based on the Sanctions Act 1977, the Netherlands may implement international rules on sanctioned countries, persons or specific sectors into Dutch regulations. Another related list is the UN sanctions committees list relating to terrorism. The list includes all of the individuals and entities that are targeted by sanctions and measures that are enforced and imposed by the UNSC.
Does the Netherlands have a licensing or authorisation system in place?
Yes. The Central Import and Export Office (“CDIU”) is responsible for the licensing and authorisation of the export, import and travel of goods and services. The CDIU itself issues licenses for the import and export of these strategic goods and services.
What are the consequences for a breach of sanctions in the Netherlands?
Consequences for breaching EU sanctions for an individual include either a fine, imprisonment or both. For a company, the entity itself will be fined along with the directors and/or officers involved being fined and/or imprisoned as a result of the breach of EU sanctions. The Sanctions Act 1977 states the statutory maximum of fines.
Who are the relevant regulators in the Netherlands and what are their contact details?
The Central Import and Export Office is responsible for the information on and issuing of licences for import and export of goods and services.
Licensing Office at Tax and Customs Service
Central Import and Export Service (CDIU)
PO Box 30003, NL-9700 RD
T: (+31) 88 151 21 22
The Ministry of Foreign Affairs and the Ministry of Finance are responsible for financial sanctions. For both Ministries:
T: (+31) 77 465 67 67
De Nederlandsche Bank and the Netherlands Authority for the Financial Markets are responsible for the administration and supervision of, and compliance with the rules set on financial transactions.
For De Nederlandsche Bank:
1000 AB Amsterdam
Eversheds Sutherland is the name and brand under which the members of Eversheds Sutherland Limited (Eversheds Sutherland (International) LLP and Eversheds Sutherland (US) LLP) and their respective controlled, managed and affiliated firms and the members of Eversheds Sutherland (Europe) Limited (each an "Eversheds Sutherland Entity" and together the "Eversheds Sutherland Entities") provide legal or other services to clients around the world. Eversheds Sutherland Entities are constituted and regulated in accordance with relevant local regulatory and legal requirements and operate in accordance with their locally registered names. The use of the name Eversheds Sutherland, is for description purposes only and does not imply that the Eversheds Sutherland Entities are in a partnership or are part of a global LLP. The responsibility for the provision of services to the client is defined in the terms of engagement between the instructed firm and the client.