Global tensions have led to an expansion of export and trade restrictions in recent years, for example in the semiconductor industry. But also the introduction of the renewed European Dual-Use Regulation in September 2021 is an example of renewed export rules.
What are trade and export restrictions?
Trade restrictions are (sanction) measures against certain countries, organisations or persons, often in the form of a ban on trade in special products, such as technology or raw materials. Think of economic sanctions against Russia.
Export restrictions are restrictions on the amount of goods exported by a government to a certain country or countries. Think of the export licenses needed to export chip machines from ASML to China.
Trade and export restrictions are rules that are included under the subject of compliance. Violating restrictions can have far-reaching (criminal) consequences. Compliance is therefore essential.
In international trade (especially with suppliers from the US) it is common for a foreign supplier to impose export restrictions based on foreign regulations that must also be passed on to buyers in the chain. For example; a Dutch FHI member orders semi-finished products in the US to make a product that is delivered outside the EU. The US supplier can then require the Dutch FHI member to comply with various export restrictions, and that these are also passed on to buyers in the chain.
Apart from this specific example, FHI members themselves may also need a certificate to provide export control statements to their customers. In a world of increasing compliance regulations, such statements are increasingly valuable.
Model trade restrictions for FHI members
FHI has drawn up model declarations for its members with which purchasers can declare that they comply with export and trade restrictions. Due to the far-reaching scope of US export restrictions and trade with US parties, the declaration (also) refers to US export and trade restrictions.
The statement can be used by FHI members who are subject to export restrictions imposed by a US party with the obligation to pass them on. The statement can be used for customers of the FHI members, whereby it must be examined whether the statement is in line with the statement of the US party.
The statement can also be used as a stand-alone document by FHI members who want to impose export and trade restrictions on customers. In that case, it is advisable to investigate whether it is necessary to include the US export and trade restrictions. This only seems necessary if there is a US supplier (of semi-finished products, for example) who has first imposed the export restrictions.
Through My fhi As a member company, you can download the Trade Restrictions Certificate NL 2025 free of charge. Would you like to know more about your legal position in international trade? Please contact Sander Pieroelie, lawyer at Vestius Advocaten in Amsterdam and affiliated with FHI via FHI Advice. FHI Advice can be reached via legal@fhi.nl
Nederlands