NETHERLANDS Law and Practice Contributed by: Sebastiaan Bennink, Nicolas Burnichon, Siqi Zhao and Daniel Webb, Bennink Dunin-Wasowicz
2. Overview of Regulatory Field 2.1 Primary Regulators
Organisatie NIWO) – responsible for the licensing of road transport operators; and • Human Environment and Transport Inspectorate ( Inspectie Leefomgeving en Transport ILT) – over - sees access for ships entering Dutch waters and aircraft seeking entry into Dutch airspace. 2.2 Enforcement 2.2.1 Enforcement Responsibilities Although there is more co-ordination and communica - tion amongst various national competent authorities, the enforcement of sanctions in the Netherlands is not yet centralised. Different national competent authori - ties are responsible for enforcement within their spe - cific areas of competence. • The Central Import and Export Service ( Centrale Dienst In- en Uitvoer CDIU) supervises the import and export of goods and is in charge of issuing licences. • The Tax and Customs Administration ( Belasting- dienst/Douane Noord ), through the Precursors, Origin, Strategic Goods and Sanctions Legislation (POSS) team, supervises compliance with sanc - tions. • The Dutch Central Bank ( De Nederlandsche Bank DNB) and the Dutch Financial Markets Authority ( Autoriteit Financiële Markten , AFM) oversee the compliance of sanctions in relation to financial transactions. • The Dutch Public Prosecution Service ( Openbaar Ministerie OM) is responsible for criminal enforce - ment of sanctions, and is assisted in its investiga - tions, where necessary, by the POSS team and the Fiscal Information and Investigation Service ( Fiscale inlichtingen- en opsporingsdienst FIOD). • Other authorities, as listed in 2.1 Primary Regula- tors , with competence in specific areas are respon - sible for the enforcement of sanctions within their particular domains. In the Netherlands, interminis - terial collaboration is essential for the implementa - tion and enforcement of sanctions. It is important to note that a bill on the Internation - al Sanctions Act is proposing to establish a central reporting point for sanctions notifications.
Implementation of Sanctions in the Netherlands In the Netherlands, the implementation and admin - istration of sanctions are governed by the Sanctions Act 1977. Sanctions are primarily implemented by the Ministry of Foreign Affairs in co-ordination with other ministries that are responsible for specific measures, depending on their area of competence. Key ministries involved The following ministries play a central role in the domestic implementation of international sanctions: • Ministry of Finance – responsible for provisions relating to the financial sector and financial trans - actions; and • Ministry of Infrastructure and Water Management – oversees provisions concerning transport infra - structure, including roads, railways, waterways and airways, with a particular focus on Dutch ports. Other relevant ministries and authorities A number of other ministries and agencies are respon - sible for implementing sanctions-related measures within their areas of competence: • Ministry of Economic Affairs – focuses on issues relating to economic competitiveness and trade; • Ministry of Education, Culture and Science – responsible for education, cultural development, cultural heritage and scientific research; • Ministry of Climate Policy and Green Growth – han - dles matters related to the energy sector; • Ministry of Agriculture, Fisheries, Food Security and Nature – oversees sustainable food produc - tion, environmental protection and rural develop - ment; • Ministry of Housing and Spatial Planning – respon - sible for housing policy and the release or provision of economic resources connected to real estate; • Ministry of Justice and Security – ensures the enforcement of legal measures and upholds the rule of law in the context of sanctions; • National and International Road Transport Organi - sation ( Nationale en Internationale Wegvervoer
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