‘Strategic goods’ refers to both military goods (e.g. firearms) and dual-use goods. As the name suggests, dual-use goods not only have a civilian use; they can also be used to produce weapons of mass destruction, ballistic missiles or conventional military goods.
To prevent misuse, the export of strategic goods and services requires a licence. A licence application will be denied if the risk of misuse is deemed to be too great.
Strategic goods and services
Dutch export control policy focuses on 4 categories:
Military goods. These include tanks, firearms and munitions, and certain types of bulletproof vests.
Dual-use goods. These are goods with both civil and military applications. For example, certain fire retardants used in the construction industry can also be used to manufacture poison gas. Other types of dual-use goods include testing and production equipment, and certain materials, software and technology.
Strategic services. Strategic services are services that relate in some way to strategic goods. These include the non-physical transfer (e.g. via phone or email) of programs and technology, the provision of technical assistance and the provision of brokering services. Repairing and maintaining military or dual-use goods and teaching people how to use them also constitute strategic services, as do certain types of software deliveries.
‘Torture goods and services’. Guillotines, thumbscrews, electric shock devices, pepper spray and narcotics are all examples of ‘torture goods’. Depending on the item in question (and associated technical assistance or brokering services), export is either regulated or prohibited on the basis of an EU anti-torture regulation.
Export control policy for strategic goods
Dutch export control policy for strategic goods is based on the following principles:
The Netherlands does not contribute to the development and proliferation of weapons of mass destruction or delivery systems for such weapons.
The Netherlands does not issue licences for the export of military or dual-use goods if they will contribute to human rights violations, internal repression, international aggression or instability.
In deciding whether to issue a licence, security interests take precedence over economic interests.
The Netherlands does not want to impose an unnecessary administrative burden on companies. And the Netherlands is committed to ensuring an international level playing field for Dutch companies.
Export controls take place prior to export.
Criteria for the export of military goods
Dutch central government uses 8 criteria to assess whether a company or organisation should be granted a licence to export military goods (military equipment and technology). These criteria are set out in the EU's Council Common Position on Arms Export Controls. Situations in which the export of military goods is almost always prohibited:
The export of such goods is in breach of international obligations or political commitments.
The country in question commits violations of human rights or international humanitarian law.
The country in question is likely to use the goods to provoke or aggravate a conflict in another country.
The export poses a threat to regional stability.
Situations in which further assessment is required before an export licence can be granted:
The export of such goods poses a danger to Dutch and allied national security.
The recipient country supports terrorism or organised crime or does not comply with international humanitarian law, arms control agreements or disarmament conventions.
The recipient country may use the goods for different purposes or re-export them to other countries.
The export of dual-use goods from the Netherlands often requires an export licence. The goods subject to a licensing requirement are listed inannex I of EU Regulation 428/2009. Article 12 of this regulation sets out a number of considerations which the Dutch export authorities must take into account in assessing an application for an export licence.Annex I of the regulation is regularly updated.
Exporting military goods from the Netherlands generally requires a licence. Likewise, the export of dual-use goods or related services to a final destination outside the EU often requires a licence.
Restrictions may also apply to the export of ‘torture goods’. These can be found inRegulation (EC) 1236/2005, known as the EU Anti-Torture Regulation. A general prohibition applies to torture goods appearing in Annex II of this regulation. This means that it is not permitted to deal in these goods or in services related to these goods. There is only one exception to this rule: goods of historical significance that are intended to be displayed in a museum.
A licensing requirement is also in effect for goods that can be used not only for torture or capital punishment, but also for ‘normal’ applications, for example in the field of medicine. These goods are listed in Annex III and IIIb. Controls are also in place with regard to technical assistance and brokering services in relation to these goods. You can find more information on the website of the Dutch customs authorities under‘Folterwerktuigen‘ (in Dutch).