News item | 04-10-2023 | 2:46 PM
Since July 14, 2023, the government has introduced the additional national arms export control policy in the form of a presumption or denial abolished. This policy applied to Saudi Arabia, the United Arab Emirates and Turkey in connection with their involvement in Yemen and Syria respectively. The exception of Turkey as a final destination for a global permit will also no longer apply as of October 1, 2023.
What has changed?
Old situation: until July 14, 2023 was a presumption or denialpolicy in force on the export of military goods or dual-use goods with military end-use to Saudi Arabia, the United Arab Emirates and Turkey. A permit could only be granted if it was beyond doubt that the goods were not used in Yemen (in the case of destination Saudi Arabia and the United Arab Emirates). In the case of destination Turkey, a permit could only be granted if it was established that the goods were not used in Northern Syria. In addition, the license application had to pass a test against the eight criteria from the EU Common Position on arms exports.
New situation: since July 14, 2023 it is presumption or denialpolicy abolished. License applications for the export of military goods or dual-use goods with military end use to Saudi Arabia, the United Arab Emirates and Turkey are strictly assessed against the EU Common Position on arms exports.
From October 1, 2023, it will also be possible to apply for a global permit for Turkey again.
Why is the policy being changed?
The reason for this policy change is the proposed Dutch accession to a treaty in the field of export controls in the military domain (in German) which currently includes Germany, France and Spain. Application of additional national policies hinders effective participation in this treaty. Moreover, the additional national policy is not necessary to prevent unwanted use of goods originating from the Netherlands. Finally, by abolishing additional national policy, the government is aligning as closely as possible with the jointly agreed European arms export policy and thus contributes to a more level playing field in the field of arms export control. Removing the exception of Turkey as a final destination for a global permit is also in line with this ambition.
For a further explanation of these policy changes, see the letters to Parliament Measures to promote European defense cooperation and further European convergence of arms export policy and Report on Dutch export control policy in 2022.
Since when has the new policy come into effect?
- Abolition presumption or denial – as of July 14, 2023.
- Opening of the global permit to Turkey as a final destination – as of October 1, 2023.
To which goods does the policy apply?
The abolition of it presumption or denialpolicy has a direct effect on license applications for the export of military goods and dual-use goods with military end use to Saudi Arabia, the United Arab Emirates and Turkey.
The re-opening of the global license for Turkey as a country of final destination also applies to military goods and dual-use goods with military end use.
It does not apply to dual-use goods with civil end use.
Will anything else change?
Furthermore, policy towards Saudi Arabia, the United Arab Emirates and Turkey remains unchanged, i.e.:
- For transit to Saudi Arabia, the United Arab Emirates and Turkey, it is not permitted to use the General transit permit regulations NL007 (transit via the Netherlands from EU or NATO+ countries). Transit from Turkey is possible under NL007.
- Turkey is excluded as a final destination for transit under the General permit regulations NL008 (transit via the Netherlands to EU or NATO+ countries).