Best Sanctions & Export Controls Lawyers in Delft

About Sanctions & Export Controls Law in Delft, Netherlands

Sanctions and export controls are legal regimes that restrict trade, financial transactions, and transfers of certain technologies and goods in order to protect national security, foreign policy, and public safety. In the Netherlands these rules come from a mix of European Union measures, national legislation, and administrative practice. Delft, as a technology and research hub with universities, small and medium sized enterprises, and manufacturing, is a place where these rules often matter for businesses, researchers, and service providers.

EU sanctions - adopted by the Council of the European Union - are directly applicable in the Netherlands. The Dutch government supplements and enforces these measures through national laws and administrative rules. Export controls regulate sales and transfers of military goods, dual-use items, and certain technologies that could be used for military or other restricted applications. Enforcement involves customs authorities, licensing authorities and, in serious cases, criminal prosecutors.

Why You May Need a Lawyer

Sanctions and export control matters raise legal, commercial and reputational risks. You may need a lawyer if you face any of the following situations:

- You export or re-export goods, software or technology that may be on a controlled list and you are unsure whether a licence is required.

- Your company receives unusual payment instructions, requests for end-use or end-user changes, or other red flags that suggest circumvention of sanctions.

- A shipment has been detained or seized by Dutch customs, or you received an administrative fine, criminal notice or compliance order.

- You are an academic, researcher or technology transfer office at TU Delft and you need to assess whether a collaboration or transfer of knowledge triggers export control requirements.

- You believe your bank has frozen assets or blocked transactions because of sanctions, or you need to request an exemption, licence or delisting.

- You need to design or review an internal compliance program - including sanctions screening, record-keeping and due diligence - or to respond to audits and regulator inquiries.

Local Laws Overview

Key aspects of the legal framework you should know in Delft and the wider Netherlands include:

- EU measures: Sanctions and many export control rules are implemented at EU level. EU Council regulations are directly binding in the Netherlands and must be followed without separate national implementing measures.

- National implementation and enforcement: The Dutch government issues national regulations and guidance to implement EU measures and enforces rules using customs, prosecutors and administrative authorities.

- Licensing: Exports of military items and many dual-use goods usually require a licence from the relevant Dutch authority. The Ministry of Foreign Affairs is a central licensing body for strategic goods, while customs enforces controls at the border.

- Lists and classifications: Controlled items are identified on EU military and dual-use lists. Whether an item requires a licence depends on classification, destination, end-use and end-user.

- Financial sanctions and asset-freezing: Dutch banks and financial institutions must comply with EU and national asset-freeze and transaction-blocking obligations. De Nederlandsche Bank provides supervision and guidance in the financial sector.

- Criminal and administrative penalties: Violations can bring administrative fines, seizure of goods, and criminal prosecution. Penalties vary by the seriousness of the breach and whether it was intentional or due to negligence.

- Research and education: Transfers of controlled technology, software or technical data can apply to research activities. Basic scientific research can sometimes be exempt, but there are important limits where national security, military end-uses, or specific sanctions are concerned.

Frequently Asked Questions

What is the difference between sanctions and export controls?

Sanctions are policy measures that restrict dealings with countries, entities or individuals for foreign policy or security reasons - for example trade bans, asset freezes or travel restrictions. Export controls are rules that manage the transfer of specific goods, software and technology - especially military items and dual-use items that could have military or proliferation applications. Both regimes can overlap when exports to sanctioned countries are restricted and when controlled items are involved.

Do EU sanctions apply in Delft automatically?

Yes. EU sanctions that are issued as Council regulations are directly binding and enforceable in the Netherlands, including Delft. Dutch authorities implement and enforce those measures locally.

How do I know if a product or technology is controlled?

Controlled items appear on the EU dual-use list or the EU common military list. Classification depends on technical specifications, intended use and end-user. Practical classification can be complex - companies often consult the licensing authority, customs or a specialised lawyer for a binding assessment.

Who issues export licences in the Netherlands?

Licensing for strategic exports is issued by the responsible national authority. In practice licensing decisions for military and many dual-use items are made by central government bodies. Customs enforces licence requirements at the border. If you are unsure where to apply, a lawyer or compliance advisor can point you to the correct authority.

What must I do if Dutch customs detains my shipment?

If customs detains a shipment contact legal counsel immediately, preserve documentation, and respond to customs requests swiftly. Depending on the issue you may need to provide classification information, end-user statements, licences or proof of permitted exemptions. Quick action can reduce the risk of seizure, fines or criminal investigation.

How do sanctions affect banks and payments?

Banks are required to block transactions and freeze assets that fall under sanctions. If a transaction is blocked you should request a clear explanation from your bank and consult counsel about options, including licences, exemptions or requests for humanitarian or other authorised transfers where applicable.

Are academic collaborations in Delft subject to export controls?

Yes. Transfers of controlled technical data, specialised equipment, or know-how can trigger export controls even in academic settings. Basic scientific research may be treated differently, but collaborations involving military end-use, specific restricted destinations or sanctioned parties may require licences. Universities typically have compliance offices to assess risk and manage approvals.

Can I be criminally liable for inadvertent export control breaches?

Yes. Depending on the circumstances, criminal liability can arise from negligent or intentional breaches. The severity of penalties depends on whether the breach was deliberate, repeated or related to circumvention of sanctions. A lawyer can advise on exposure and on steps to reduce risk, including voluntary disclosure and remedial measures.

What is a voluntary self-disclosure and should I make one?

A voluntary self-disclosure is a disclosure to authorities that a breach has occurred or may have occurred. Making an early voluntary disclosure can affect enforcement outcomes and may be viewed favorably by authorities. However, the decision to disclose should be made with legal advice because it involves evidentiary and strategic considerations.

How can my small business in Delft build a basic export control and sanctions compliance program?

Start with a risk assessment of your products, customers and destinations. Implement customer and transaction screening, train staff, create written procedures for licence checks and record-keeping, and set escalation protocols for suspicious cases. Periodic audits and keeping up to date with EU and Dutch measures are important. A specialist lawyer can help design proportionate controls and templates for internal policies.

Additional Resources

Useful institutions and types of organisations to consult for guidance and support in the Netherlands include:

- The Dutch central authorities responsible for export licensing and sanctions implementation and enforcement.

- Netherlands Customs - the enforcement authority for physical exports and imports.

- Financial supervisors and central bank authorities for guidance on financial sanctions and asset-freezing requirements.

- Your university research compliance office, if you are at TU Delft or another academic institution.

- The Netherlands Enterprise Agency and government trade support services for practical export information and non-strategic export permits and documentation.

- Professional legal advisers and law firms in the Netherlands with experience in sanctions, trade controls and administrative and criminal law.

- Industry associations and compliance networks that provide sector-specific guidance, training and practical tools for screening and classification.

Next Steps

If you think you need legal help with sanctions or export controls in Delft follow these practical steps:

- Gather key documents - product descriptions, technical specifications, MSDS or datasheets, commercial invoices, contracts, order details, communications with the buyer, and any screening results or licences already obtained.

- Do an initial internal risk assessment - identify the product, destination, end-user, and whether the product might be on a controlled list or subject to sanctions.

- Contact a lawyer experienced in Dutch and EU sanctions and export control law. Ask for an initial consultation to discuss risks, likely steps and estimated fees.

- If a shipment is detained, preserve all records and stop any further shipments until you get legal advice. If relevant, consider whether a voluntary disclosure is advisable.

- Implement or review compliance measures - screening processes, staff training, licence-check procedures, record-keeping and escalation routes. A legal adviser can help tailor these to your size and risk profile.

- Keep communications with authorities factual and documented, and seek legal representation where enforcement action, large fines or criminal investigations are possible.

Seeking expert legal advice early can reduce legal and commercial risk and help you continue trading and researching responsibly and lawfully in Delft.