Best International Trade Law Lawyers in Spier

About International Trade Law in Spier, Netherlands

International trade law governs how goods, services, technology, and payments move across borders. In Spier, a village in the municipality of Midden-Drenthe, businesses operate under Dutch law and European Union law. Companies in Spier commonly trade agricultural products, machinery, consumer goods, and components, moving freight by road to ports such as Rotterdam or to airports such as Schiphol, or via the northern seaports at Eemshaven and Delfzijl. The legal framework covers customs procedures, import and export controls, product compliance, contracts, taxation, logistics liability, data protection, and sanctions compliance.

Because the Netherlands is an EU member state, a large part of the rules that apply to international trade are set at EU level and apply uniformly across the country. Dutch authorities then implement and enforce these rules locally. For a business in Spier this means you navigate EU customs and VAT rules, Dutch administrative procedures, and contract and transport rules under Dutch law.

Why You May Need a Lawyer

You may need a lawyer to analyze which rules apply to your product or transaction, draft and negotiate contracts, and resolve disputes. Common reasons include setting up an export program, choosing and documenting the right Incoterms, ensuring your product can be lawfully placed on the EU market, classifying goods and determining origin for customs duties, applying for licenses for dual-use or military items, screening transactions under EU sanctions, structuring distribution or agency agreements, handling letters of credit and payment security, responding to customs audits or post-clearance assessments, defending penalty cases, and litigating cargo damage or delivery disputes. Early legal input reduces risk, avoids delays at the border, and can lower duty and tax costs through correct planning.

Local Laws Overview

EU customs law applies in Spier through the Union Customs Code with Dutch implementing rules. Dutch Customs within the Tax and Customs Administration handles EORI registration, AEO authorizations, and clearances. Most businesses that interact with customs need an EORI number. Customs duties depend on tariff classification, customs value, and origin, and may be reduced under EU trade agreements when origin rules are met. Special procedures such as inward processing, outward processing, temporary admission, and customs warehousing can defer or suspend duties.

VAT is governed by the EU VAT system and the Dutch VAT Act 1968. Exports outside the EU are usually zero rated. Intra-EU supplies can be zero rated when conditions are met, such as a valid EU VAT number of the buyer and proof of transport. Import VAT is due at import, but many Dutch traders use postponed accounting with an Article 23 permit so import VAT is reported and reclaimed on the VAT return instead of paid at the border.

Export controls and sanctions are strict. Dual-use items are controlled by EU Regulation 2021-821. Military goods require licenses under Dutch rules. EU and national sanctions under the Sanctions Act 1977 restrict dealings with certain countries, persons, and sectors. Companies must screen goods, counterparties, and end uses, and keep records to show compliance.

Product compliance is essential. Many goods require CE marking under EU harmonized rules for safety, health, and environmental protection. The Dutch Commodities Act and related decrees apply to product safety and labeling. Failing to comply can lead to recall, fines, or border detention.

Contracts and disputes follow Dutch civil law unless you choose another governing law under the Rome I Regulation. Incoterms allocate cost and risk in delivery but do not cover payment or transfer of title, so contracts should address these points. Disputes can be resolved in Dutch courts, including the Netherlands Commercial Court which proceeds in English in eligible cases, or via arbitration such as the Netherlands Arbitration Institute. Transport disputes involving road carriage are typically governed by the CMR Convention and Dutch Book 8 Civil Code provisions.

Data protection applies to cross-border customer and supplier data under the EU GDPR. Competition and consumer law compliance is overseen by the Authority for Consumers and Markets. Companies must keep commercial and tax records for the statutory retention period, generally seven years for tax files in the Netherlands.

Frequently Asked Questions

Do I need an EORI number to import or export from Spier

Yes. Any business that lodges customs declarations, applies for customs decisions, or otherwise interacts with EU customs needs an Economic Operators Registration and Identification number. You obtain it from Dutch Customs. One EORI covers your operations across the EU.

How does VAT work on international sales

Exports to customers outside the EU are usually zero rated if you have proper export evidence. Intra-EU supplies can be zero rated if the buyer has a valid EU VAT number and the goods are transported to another member state. Import VAT is due when goods enter the EU unless you have a Dutch Article 23 permit for postponed accounting, which lets you report and deduct import VAT on your return. E-commerce sellers may need the OSS or IOSS schemes for cross-border B2C sales.

Which Incoterms should I use

Incoterms allocate transport costs, risk of loss, and certain customs responsibilities. Choose terms that fit your mode of transport and logistics plan. For containerized shipments, FCA, CPT, CIP, or DAP/DPU/DDP are commonly used. Avoid FOB and CIF for containers since they were designed for non-container sea shipments. Always state the Incoterms version and named place.

Do I need an export license for my goods

Licenses are required for military items, many dual-use items, certain chemicals, cultural goods, and some waste and endangered species. The Central Import and Export Service of Dutch Customs handles most license applications and advice. Screening the product against control lists and assessing the end use and end user is essential before you ship.

How do EU sanctions affect my business

EU sanctions can prohibit sales, services, payments, or transport to targeted countries, sectors, ships, or persons. You must screen counterparties and banks, check sectoral restrictions, and monitor updates. Financial sanctions are enforced in the Netherlands by relevant authorities including the Ministry of Finance and sector regulators. Breaches can lead to fines, criminal liability, and reputational damage.

What should an international sales contract under Dutch law include

Describe the goods precisely, include the agreed Incoterms and named place, set price and currency, payment method and security, delivery times, inspection and acceptance rules, warranty and conformity, limitation of liability, retention of title, force majeure, compliance clauses for sanctions and export controls, governing law, and dispute resolution forum. Clear terms reduce ambiguity in customs and court settings.

How are customs duties calculated

Duties depend on tariff classification under the Combined Nomenclature, origin of the goods, and customs value, typically the transaction value adjusted for certain costs. Preferential origin under EU trade agreements can reduce or eliminate duties if rules of origin are met and properly documented with a statement on origin or other proof.

What can I do if I disagree with a customs assessment

You can file an objection within six weeks of the date of the decision under Dutch administrative law. If the objection is rejected you can appeal to the court. Filing an objection does not automatically suspend payment, so ask about suspension or provide security when appropriate. Deadlines are strict, so act promptly.

Are there special customs procedures for temporary import or repairs

Yes. Temporary admission allows duty relief for goods that will be re-exported. Inward processing lets you import for processing without paying duty, and outward processing lets you export for processing and re-import with duty relief. For exhibitions you may use an ATA Carnet. These procedures require prior authorization and careful record keeping.

Who is liable for cargo damage during road transport to the port

International road carriage is governed by the CMR Convention. The carrier is liable for loss or damage between takeover and delivery, subject to defenses and liability limits based on weight, unless there is willful misconduct. Claims must be notified promptly and brought within the limitation period. Contract terms and insurance should align with your chosen Incoterms.

Additional Resources

Dutch Customs, part of the Tax and Customs Administration, for EORI, customs procedures, AEO, and enforcement guidance.

Central Import and Export Service, the licensing and information point for dual-use, military goods, and other controlled items.

Netherlands Enterprise Agency, for export promotion, sanctions updates, and trade instruments such as export credit and guarantees.

Kamer van Koophandel, the Dutch Chamber of Commerce, for business registration, VAT and EORI basics, and internationalization support.

Authority for Consumers and Markets, for competition law and consumer protection in cross-border trade.

Ministry of Foreign Affairs sanctions desk, for policy and guidance on EU and national sanctions measures.

Netherlands Commercial Court, a specialized chamber for complex international commercial disputes in English.

Netherlands Arbitration Institute and TAMARA, for arbitration and mediation in commercial and maritime cases.

European Commission resources such as the EU customs tariff, rules of origin guidance, and the Access2Markets database for duties and procedures.

Groningen Seaports and the Port of Rotterdam information services, for practical guidance on port procedures and logistics planning.

Next Steps

Define your trade profile by listing your products, target countries, supply chain, and transport modes. Gather documents such as product specifications, safety and conformity files, bills of materials, supplier declarations, and draft contracts. Obtain or verify your EORI and VAT registrations, and consider an Article 23 permit for postponed accounting of import VAT if you are established in the Netherlands.

Screen your products for export controls and your counterparties for sanctions. Select suitable Incoterms and align them with your logistics and insurance. Decide on payment methods that manage risk, such as documentary credits, and align contract terms with bank requirements.

Engage a customs broker or freight forwarder familiar with your sector, and set up internal procedures for classification, origin management, customs valuation, and record keeping. Many records must be kept for at least seven years under Dutch tax law.

Consult an international trade lawyer experienced with Dutch and EU rules. Bring your documents, timeline, and questions. Ask about compliance programs, license needs, duty optimization, contract drafting, and dispute resolution options. Be mindful of short appeal deadlines on customs decisions, typically six weeks, and seek help immediately if you receive an assessment or penalty.

If you operate from Spier or elsewhere in Drenthe, consider in-person or remote consultations. Your lawyer can coordinate with local logistics providers and national authorities to help you ship on time and in full compliance.