License for Military Goods: Export, Import & Transit in the Netherlands
Category: Defence industry, Licenses
This is a brief introduction to the licences required when dealing with military or strategic goods in the Netherlands.
What are Military and Strategic Goods?
Military goods are products specifically designed for military use, such as weapons, ammunition, vehicles, communication equipment, and optics. There are also dual-use goods: civilian products that can also be used militarily, such as certain software, technologies, and chemicals. Both categories often require a license.
When is a License Required?
To export, import, produce, trade, or transit military goods, a license is usually required from the Central Import and Export Office (CDIU), which operates on behalf of the Ministry of Foreign Affairs.
– Within the EU/NATO: CDIU assesses independently.
– Outside the EU/NATO: Additional review by the ministry.
Types of Licenses for Military Goods
There are three main types of transfer licenses:
- Individual license – for a specific delivery.
- Global license – for multiple deliveries to fixed recipients.
- General license – for deliveries to certified recipients.
Certification of Recipients
Companies in the EU, Norway, Iceland, or Liechtenstein can be certified as recipients of military goods. With this certification, suppliers can use a general transfer license. Certification is granted if specific criteria are met.
Transit Through the Netherlands: License or Notification
For transit of military goods through the Netherlands:
– License required for transshipment or sensitive destinations.
– Notification required for transit without transshipment, depending on origin and destination.
– Exception: NATO equipment or goods from the EU with an EU destination.
Preliminary Assessment: Sondage
If there is uncertainty about the license requirement, a sondage can be requested. This is a non-binding assessment by the CDIU to determine if a license is needed.
No License Required? Request a Statement
If goods are not subject to licensing, the CDIU can issue a statement. This is useful for communication with foreign clients or authorities.
Catch-All Provisions: Extra Control in Risk Cases
In exceptional cases, a license may still be required, for example, if there is suspicion of use for weapons of mass destruction or military use in sanctioned countries. This also applies to transit.
Blenheim: Legal Partner for Defense Contracts and Licenses
Blenheim supports companies in obtaining licenses, drafting contracts with the Ministry of Defense, and complying with procurement rules. Contact us for tailored legal advice.