Best International Trade Law Lawyers in Ommen

About International Trade Law in Ommen, Netherlands

International Trade Law in Ommen operates within the broader Dutch and European Union framework. Most rules that affect importing and exporting goods or services are set at EU level, applied by Dutch authorities, and enforced locally. Companies in Ommen trade across EU internal borders with minimal customs formalities and engage in global trade that requires careful attention to customs, export controls, sanctions, product compliance, taxation, data protection, competition rules, and contract law. Although Ommen is a smaller municipality in Overijssel, the same national and EU rules that apply in Rotterdam or Amsterdam apply here. Local businesses typically work with Dutch Customs, the Netherlands Chamber of Commerce, and sector regulators, and use recognized international standards such as Incoterms to allocate risk and logistics responsibilities.

Why You May Need a Lawyer

You may benefit from legal counsel when you plan to start or expand cross-border sales, set up distributors or commercial agents, or negotiate terms with overseas suppliers or buyers. A lawyer can help you choose appropriate Incoterms, draft clear contracts with effective governing law and dispute resolution clauses, and allocate risk for transport, nonpayment, delays, and force majeure.

Legal help is also important when you import or export controlled goods or technology, including dual-use items that require licensing. Counsel can guide you through sanctions screening and licensing under Dutch and EU rules to avoid severe penalties. If you face a customs valuation dispute, tariff classification issue, or seizure of goods, a lawyer can handle objections and appeals with Dutch Customs.

Other common scenarios include product compliance and CE marking questions, labeling and safety for consumer goods, GDPR and cross-border data transfers for e-commerce, VAT and import VAT planning including Article 23 deferral, trade finance documentation such as letters of credit, IP protection and anti-counterfeiting measures at the border, and competition law checks on distribution agreements, pricing, and territories.

Local Laws Overview

Customs and market access: Imports and exports are governed by the EU Union Customs Code and Dutch customs legislation. You will need an EORI number to interact with customs systems. Preferential tariffs under EU trade agreements may require proof of origin such as a statement on origin or a EUR.1 certificate, depending on the agreement. Dutch Customs handles declarations and audits and offers AEO authorizations for trusted traders.

Export controls and sanctions: The EU Dual-Use Regulation 2021-821 applies to certain goods, software, and technology. The Dutch Sanctiewet 1977 implements EU and UN sanctions. Licenses for strategic or dual-use exports are administered in the Netherlands by the Central Import and Export Service of Dutch Customs, acting for the competent ministries. Businesses must conduct sanctions and end-use screening.

Contracts and disputes: Dutch contract law is set out mainly in the Dutch Civil Code. International sales may be governed by the UN Convention on Contracts for the International Sale of Goods unless excluded. Choice of law and forum are recognized under the Rome I Regulation and the Brussels I Recast Regulation. The Netherlands Commercial Court in Amsterdam can hear international business disputes in English if parties agree. Courts in Overijssel sit in Zwolle and Almelo for local matters.

Commercial agency and distribution: Commercial agency is regulated in the Civil Code with agent protections such as goodwill indemnity. Distribution is not specifically codified but must comply with EU competition rules, including the Vertical Block Exemption Regulation 2022-720.

Consumer protection and e-commerce: Cross-border B2C sales must follow EU consumer rules implemented in Dutch law, including information duties, withdrawal rights, and pricing transparency under the EU Consumer Rights and Omnibus Directives. The Dutch Authority for Consumers and Markets enforces competition and consumer law.

Product compliance and safety: Many products must meet EU harmonized standards and carry CE marking. The Dutch Food and Consumer Product Safety Authority oversees product safety, labeling, and market surveillance. The new EU General Product Safety Regulation applies from December 2024, strengthening obligations for online marketplaces and distance sellers.

Tax and VAT: Imports into the Netherlands generally incur import VAT at the time of customs clearance. Businesses can apply for the Article 23 license to defer import VAT to the periodic VAT return. Intra-EU supplies may be zero rated if conditions are met, with reverse charge for acquisitions. Excise and environmental levies can apply to specific goods.

Transport and logistics: International carriage by road is governed by the CMR Convention, and sea and air shipments use standard documents such as bills of lading and air waybills. Insurance terms often follow Institute Cargo Clauses. Agreed Incoterms 2020 determine delivery, risk transfer, and who handles customs formalities and insurance.

Intellectual property and border enforcement: Trademarks are registered at Benelux or EU level. Rights holders can file customs applications for action to detain suspected counterfeit goods under EU border measures.

Data transfers: Personal data in cross-border operations must comply with the GDPR and the Dutch GDPR Implementation Act. Transfers to non-adequate countries typically require safeguards such as standard contractual clauses and transfer risk assessments.

Frequently Asked Questions

Do I need an EORI number to trade internationally from Ommen

Yes. Any business that lodges customs declarations in the EU needs an EORI number. Dutch entities obtain an EORI from the Dutch Customs system. One EORI is valid across the EU.

What taxes apply when importing or exporting goods

Imports may be subject to customs duties, import VAT, and possibly excise or environmental levies. Exports of goods are generally zero rated for VAT. For intra-EU trade, VAT reverse charge rules often apply. Dutch businesses can request Article 23 authorization to defer import VAT to the VAT return, improving cash flow.

How do Incoterms affect my rights and costs

Incoterms 2020 allocate responsibilities for delivery, risk transfer, transport, insurance, and export-import clearance. Choosing the wrong term can unintentionally shift risk or cost. For example, EXW may be risky for exporters who then lose visibility over export formalities. A lawyer can help select a term aligned with your logistics and compliance capacity.

Does the CISG apply to my international sale contract

Yes by default if both parties are in CISG member states, including the Netherlands, unless you clearly exclude it in the contract. Many Dutch companies opt in or out depending on industry practice. Your contract should state whether the CISG applies in addition to your chosen governing law.

When do I need an export license for dual-use goods or technology

Licensing depends on the EU Dual-Use list and end-use controls. Even off-list items can need a license if destined for prohibited end uses or sanctioned parties. Licenses are processed in the Netherlands by the Central Import and Export Service of Dutch Customs for the competent ministries. Early classification and screening are essential.

How do EU sanctions impact my transactions

EU sanctions can restrict dealings with certain countries, sectors, goods, vessels, and listed persons. They can require asset freezes, transaction prohibitions, or licensing. Dutch companies must screen customers, owners, banks, and vessels and keep records. Violations can lead to criminal and administrative penalties.

Can we use English law and arbitration in our contracts

Yes. Parties are generally free to choose governing law and arbitration. Dutch courts will respect valid choices under Rome I and the New York Convention. You can also choose Dutch law and resolve disputes at the Netherlands Commercial Court in English if both parties agree and eligibility criteria are met.

What can I do if Dutch Customs challenges my tariff classification or valuation

You can respond with evidence, seek a Binding Tariff Information ruling, or file an objection within the statutory period. If needed, you can appeal to the competent court. A customs lawyer can prepare technical arguments and support documentation.

Which documents prove preferential origin for lower tariffs

Depending on the relevant EU trade agreement, proof can be a statement on origin by a registered or approved exporter, an invoice declaration, or a EUR.1 certificate issued by customs. The correct document and wording depend on the agreement and the value and status of the exporter.

What are common pitfalls for Ommen SMEs starting cross-border e-commerce

Frequent issues include unclear terms and returns policies, missing consumer disclosures, weak sanctions and fraud screening, mis-declared origin or classification, inadequate product labeling and CE compliance, and overlooking local tax and data protection rules in destination markets. Early legal and compliance setup reduces costly fixes later.

Additional Resources

Belastingdienst Douane - Dutch Customs

Central Import and Export Service CDIU

Netherlands Enterprise Agency RVO

Netherlands Chamber of Commerce KVK

Authority for Consumers and Markets ACM

Netherlands Food and Consumer Product Safety Authority NVWA

Benelux Office for Intellectual Property BOIP

European Commission Directorate-General for Trade

Netherlands Arbitration Institute NAI

Netherlands Commercial Court

Province of Overijssel business support services and regional development agencies such as Oost NL

Municipality of Ommen business desk

Next Steps

Map your trade flows. List your products, HS codes, origin, target markets, and Incoterms used. Identify whether any goods, software, or technology might be dual-use or subject to sectoral sanctions.

Assemble core documents. Gather product specifications, safety and conformity files, supplier declarations of origin, previous customs rulings, and your standard terms and conditions.

Obtain required registrations. Secure an EORI number, consider AEO status if suitable, and explore Article 23 import VAT deferral if you import regularly.

Set governance and screening. Implement written procedures for classification, valuation, origin, sanctions and end-use checks, and contract approvals. Document your compliance program.

Engage a lawyer experienced in EU and Dutch trade law. Request a scoping call to prioritize issues, review contracts, and assess licensing or product compliance needs. For Ommen-based matters, ask about handling disputes at the Overijssel courts or using arbitration or the Netherlands Commercial Court.

Negotiate robust cross-border contracts. Address governing law, forum, language, Incoterms, payment and security, retention of title, IP, compliance representations and warranties, and force majeure. Align your logistics and insurance coverage with the agreed Incoterms.

Plan for audits and disputes. Keep evidence for customs and tax audits, track deadlines for objections and appeals, and decide in advance on mediation or arbitration for high-value deals.

Continue monitoring. Sanctions, trade remedies, product rules, and VAT obligations change regularly. Assign responsibility to monitor legal updates and train your team.