Dutch government policy on international sanctions
The United Nations (UN) and the European Union (EU) have the authority to impose international sanctions. Sanctions can targeted countries, organisations, companies and individuals for a variety of reasons, for instance if there is a threat to international peace and security. The EU can also impose sanctions as a means of promoting peace, international security, human rights, democracy, the rule of law, and compliance with international law.
In this way, sanctions can be used to combat the spread of nuclear weapons, or to respond to countries, individuals or organisations that violate human rights. They can also be used against people involved in terrorist activities.
Compliance with sanctions is mandatory. Sanctions do not involve military action. The purpose of sanctions is:
- to change undesirable conduct by individuals, companies, organisations or countries;
- to limit opportunities to engage in such behaviour;
- to deter other parties from engaging in this type of behaviour.
Sanctions are meant to be temporary and preventative in nature. When the country, individual or organisation in question stops engaging in undesirable conduct, the sanctions can be lifted.
Different types of sanctions imposed by the European Union (EU) and the United Nations (UN)
- Financial sanctions
One type of financial sanction is the freezing of bank accounts or other assets. Another is the placing of restrictions on investment, or on financial transactions with foreign entities.
- Trade restrictions
An example of trade restrictions is a complete or partial ban on the trade in certain products (e.g. diamonds, minerals, oil or petrochemical products) or related technology.
- Arms embargoes
- Travel and visa restrictions on certain persons
A number of examples:
Both the UN and the EU have imposed a wide-ranging package of the above measures on North Korea, with the aim of bringing the country back to the negotiating table. Sanctions are designed to have the greatest impact on those in power. The ultimate goal is the de-nuclearisation of North Korea and a peaceful resolution of the conflict between North and South Korea.
The EU has imposed an arms embargo and other measures on Venezuela and Myanmar. There are also sanctions in place against specific people, including financial sanctions and travel and visa restrictions. These measures were taken in response to human rights violations in Venezuela and Myanmar.
The EU incorporates international sanctions that have been adopted in UN Security Council resolutions into European law. But it also imposes its own sanctions on the basis of its Common Foreign and Security Policy.
The Netherlands and international sanctions
The Dutch government does not impose its own sanctions; instead it adopts those that have been agreed by the UN or EU. Sanctions are most effective when a coalition of countries imposes them.
Implementation of sanctions in the EU and the Netherlands
International EU sanctions can be imposed both by EU decisions and by EU regulations. Sanctions laid down in a regulation are those that involve measures in areas for which the EU has exclusive or shared competence, such as trade and international financial transactions.
Sanctions may also be laid down in an EU decision. EU decisions are binding on the member states, which is important for imposing entry bans, for example..
European regulations and decisions can be found on EUR-lex, a website containing all official publications and legislation of the EU.
Sanctions measures in EU regulations
Sanctions measures laid down in EU regulations do not have to be incorporated into Dutch legislation. They have direct effect in EU member states. In such cases the Dutch government only needs to issue a sanctions order stating that it is a criminal offence to violate the regulation. Financial sanctions, for example, are imposed by means of EU regulations.
Sanctions measures in an EU decision
Dutch legislation does need to be amended when an arms embargo is imposed.
Under the Sanctions Act 1977 the Dutch government must issue a sanctions order to criminalise the violation of international sanctions like arms embargoes and travel restrictions. A sanctions order makes it a criminal offence to violate international sanctions. It makes reference to the international sanctions referred to in EU regulations. The sanction measures contained in EU decisions are incorporated into the sanctions order. Sometimes it is not necessary to adopt a new sanctions order because existing legislation is sufficiently comprehensive.
Existing sanctions legislation can be sufficient
Sometimes there are already laws in place which enable us to implement international sanctions. In that case no new sanctions order is needed. For example, there are already laws in place which provide a legal basis for imposing visa or travel restrictions on certain individuals. If travel restrictions are broadened to include additional individuals, their names can simply be added to the sanctions list.
Cooperation in implementing international sanctions
The Minister of Foreign Affairs is not the only person responsible for implementing international sanctions in the Netherlands. Collaborating with other government ministers is key.
Which other minister is involved will depend on the nature of the sanctions in question. If the sanctions are financial in nature and involve freezing bank assets or blocking international transactions, the Minister of Finance will have co-responsibility with the Minister of Foreign Affairs.
If the sanctions relate to trade restrictions, the Minister for Foreign Trade and Development Cooperation will be the other responsible party.
In some cases more than two ministers will be responsible. In the case of counterterrorism sanctions, for example, the Ministers of Foreign Affairs, Justice & Security, and Finance all bear responsibility for implementation.
Supervising the implementation of international sanctions
Supervisory authorities, inspectorates and implementing organisations all have a key role in overseeing and enforcing sanctions. For example:
- The Dutch customs authority monitors the import and export of goods and services to and from countries which are subject to sanctions. It has the power to conduct inspections. Customs’ Central Import and Export Office (CDIU) is in charge of issuing licences and granting exemptions.
- De Nederlandsche Bank (DNB, the Dutch central bank) and the Netherlands Authority for the Financial Markets (AFM) supervise the financial sector to ensure compliance with financial sanctions.
- The Human Environment and Transport Inspectorate (ILT) is involved in shipping and air transport. If a ship falls under a sanctions regime, the ILT can in certain circumstances give it permission to enter Dutch waters. The same applies to aircraft seeking to depart from, land in or fly over Dutch territory.
International sanctions: exceptions, exemptions and licences
Many sanctions regimes include exceptions for certain activities, for example to facilitate humanitarian aid.
In some cases, commercial sanctions do not ban trade in certain goods and services outright, but rather impose a licensing or exemption requirement. If businesses wish to trade in these goods or services, they must first apply for a licence.
Applications for a licence or exemption must be sent to the relevant competent authority. This is a government body designated by the Minister of Foreign Affairs to issue decisions on exemptions and licences. In the case of financial sanctions, for example, the authority in question is the Ministry of Finance. This link will take you to a complete list (in Dutch) of the competent authorities for each sanctions regime.