Netherlands

Global sanctions guide

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  1. Does the Netherlands have a sanctions regime in place?

Yes.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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)
Kempkensberg 12
PO Box 30003, NL-9700 RD
Groningen
Netherlands

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:
Postbus 98
1000 AB Amsterdam
Westeinde 1
1017 ZN
Netherlands

T: (+31) 20 524 91 11
E: info@dnb.nl
http://www.dnb.nl/en/home/

For the Netherlands Authority for the Financial Markets:

PO Box 11723
1001 GS Amsterdam
Netherlands

T: (+31) 20 797 20 00
F: (+31) 20 797 38 00
E: info@afm.nl
https://www.afm.nl/en

The Public Prosecution Service, the Police and other special enforcement officers oversee enforcement of the laws set.

Public Prosecution Service
Parnassusweg 220
Postbus 84500
1080 BN Amsterdam
Netherlands

T: (+31) 88 699 12 00
E: amsterdam@om.nl
https://www.om.nl/algemeen/english/

The Sanction Acts 1977 mentions the following regulators:

The Customs Authority (Team POSS) organises customs controls, and checks the compliance of companies in the fields of sanctions legislation.

Belastingdienst/Douane
Postbus 3070
6401 DN HEERLEN
The Netherlands

T: (+31) 45 574 30 31

The Fiscal Information and Investigation Service investigates criminal offences regarding export legislation.

T: (+31) 88 155 16 00

Other organisations that can also be involved in carrying out the Sanctions Act 1977:

The Netherlands Enterprise Agency acts as an informal contact for queries about international business. It also advises on export control policies.

T: (+31) 59 233 29 11
http://english.rvo.nl/

The General Intelligence and Security Service (AIVD) investigates weapons of mass destruction and provides information on the reliability of certain foreign organisations and individuals.

T: (+31) 79 320 50 50
https://english.aivd.nl/

Contributor law firm

Manish Bahl, Eversheds B.V., Cuserstraat 85a, 1081 CN Amsterdam, Postbus/PO Box 7902, 1008 AC Amsterdam, Netherlands