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Introduction
The last group of goods subject to export control measures are military goods. Military goods, defined as products and technologies specifically designed for military applications, are subject to strict controls. These measures aim to prevent military goods from falling into the wrong hands or being used for illegal purposes. Trade in these goods requires a high degree of responsibility and strict compliance with both national and international legislation.
What are military goods?
Military goods are items specifically designed or modified for military purposes. They encompass a wide range of products, from weapons and ammunition to advanced technologies used by armed forces. The goods in question are listed in the Common EU List of Military Goods. The supervision of the export and transfer of the goods on this list is implemented in the Besluit strategische goederen and the Uitvoeringsregeling strategische goederen 2012.
The list of military goods is divided into
the following categories:
1.
Weapons and ammunition
2.
Vehicles and transport
equipment
3.
Electronic equipment
4.
Chemical and biological
materials
5.
Cyber weapons and software
Importance of export control
Controlling the export of military goods is essential for maintaining international peace and security. These controls aim to prevent the proliferation of military technology and equipment to undesirable recipients, such as embargoed countries, terrorist groups, or other non-state actors. International agreements such as the Wassenaar Arrangement and the Arms Trade Treaty play a significant role in regulating this trade. In addition to European legislation, the national laws of member states often impose additional obligations for the inbound and outbound flow of military goods.
Exceptions and exemptions
Although most military goods require a license for export, transit, or transfer, certain exceptions and exemptions are possible. For example:- The "allied nations exemption" allows transit without transshipment to Australia, Japan, New Zealand, and Switzerland without an authorisation.
- Specific exemptions apply for NATO armed forces.
- Transfers to Belgium or Luxembourg may also qualify for exemption from authorisation requirements under certain conditions.
Post-clearance controls and oversight
The Centrale Dienst voor in- en uitvoer (CDIU), Fiscale inlichtingen- en opsporingsdienst (FIOD) and Team precursoren, oorsprong, strategische goederen, sanctiewetgeving (POSS) conduct post-clearance audits to ensure compliance with legislation and authorisation conditions. These audits often include company visits and administrative inspections, and they may take place years after the goods have been exported.
More information?
Do you have questions or need advice regarding the trade in military or other high-risk goods? Contact us today. Our experts are ready to support you every step of the way and ensure you are fully prepared.