Transit transactions through the Netherlands

The Netherlands export control legislation includes transit controls for military items. 

What is a transit transaction

Transit through the Netherlands is defined as: the transport of goods that only enter the territory of the Netherlands in order to be transported through this territory to a destination outside the territory of the Netherlands. Although under international law "territory" would include the Netherlands' territorial waters and it's airspace, by exempting these parts of the territory in the transit controls, the scope of these controls is limited to those transactions that actually enter Netherlands' "soil".

Transit policy of het Netherlands

Since August 1st, 2008 the controls on the export from and transit through the Netherlands of military goods is based on the General Customs Law (Algemene douanewet), the Decree on strategic goods (Besluit strategische goederen) and the Implementation order on strategic goods (Uitvoeringsregeling strategische goederen). These regulations can be found in Dutch on the website www.wetten.nl. The goal of the transit controls is to enable the government to get a better insight into the type and size of transit transactions of military goods through the Netherlands and to be able to act when a transaction is deemed undesirable. In principle, all transit transactions of military goods through the Netherlands now require a license from the Dutch Export Control Authorities, similar to the license requirement in case of export.

Exempted from the transit-license requirement are transit transactions of military goods originating from or destined for Australia, Japan, New-Zealand, Switzerland, Member States of the European Union or NATO allies. However, whilst exempted from the transit-license requirement, for these transactions there is still a notification requirement. Furthermore, some transactions are also exempted from both the license and reporting requirement. These are transit transactions of defense material owned by and destined for Dutch or NATO troops, AFCENT-headquarters or the European Space Agency, or transactions of military vehicles owned or used by an army with the purpose of storing the vehicles or for using them in events such as state visits, naval reviews or aviation demonstrations.

How to request a transit-license or notify a transit transaction

Transit license requests, like export license requests, can be obtained via the externe link: Central Licensing Office website and will be assessed according the EU Code of Conduct on Arms Exports. There is a standard form that has to be filled out.

If there is a notification requirement, a transit transaction should be reported to the Central Licensing Office before the goods are loaded into the outgoing means of transport or before departure when the goods leave with the same means of transport with which they entered the Netherlands. There is no standard reporting form, but whenever possible the notification should contain:

  • the name and address of the original exporter and of any forwarder or transport company that may present the transit notification on his behalf;
  • an adequate description of the goods concerned;
  • the country of origin of the goods and a copy of the export license granted by the authorities of that country of origin;the country of final and immediate destination and information on the consignee and end user of the goods;
  • the precise location where Customs might - if deemed necessary - inspect the goods.

Transit of Small Arms and Light Weapons

The Arms and Ammunition Act (Wet wapens en munitie), under responsibility of the Ministry of Justice, states that in some cases an authorisation or "consent" is needed when small arms or light weapons mentioned in the Arms and Ammunition Act enter, leave or pass through the Netherlands. If military goods passing through the Netherlands have to be reported as mentioned above, and also require a consent under the Arms and Ammunition Act, then the request for the "consent", will be accepted as notification under the General Customs Act as well.

An example

Suppose you are called upon to arrange the transport through Rotterdam of a battle tank that is currently in Sweden but is to be delivered to Morocco. You do not need a transit license as Sweden is an EU member state, but you do have to report the transit transaction at the Central Licensing Office because a battle tank is mentioned on the Common Military List of the European Union. Suppose now that instead of a battle tank, you have to arrange the passage through the Netherlands of a Swedish machine gun on its way to Morocco. Again, because the machine gun originates in Sweden, an EU member, there is no license required. Again, the transaction has to be notified since a machine gun is on the Common Military List of the European Union. But since a machine gun is also listed in the Arms and Ammunitions Act, you will also need to request a consent for its entrance on Netherlands territory. In this case the consent request will suffice and no separate notification is required.

For license applications please visit the externe link: licensing office’s website. For questions concerning the export control of strategic goods and strategic services please contact the licensing office by phone or e-mail. See details on the contact                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          page.