At BenninkAmar, we assist our clients in every aspect of sanctions, export controls and other trade law matters. We make it possible for our clients to focus on their business opportunities, whilst being assured that they act in compliance with any applicable trade law regulations. Trade law regulations and enforcement increase on a global scale. This requires a proactive and comprehensive approach to trade law compliance in international business. We at BenninkAmar ensure the complete compliance for our clients and assist them in navigating through this complex and ever-changing legal area.
BenninkAmar is the only law firm in the Netherlands that is fully specialised in and focused on economic sanctions, export controls and other trade law matters. We are highly regarded for our in-depth knowledge, and our clear and practical advice on complex multi-jurisdictional legal matters. On the Dutch market, BenninkAmar is unparalleled in advising and representing its clients, including many globally operating publicly listed multinationals, in all matters arising from trade laws. We are very successful in ensuring effective compliance and securing optimal results for our clients with supervisory authorities, including OFAC and EU authorities, efficiently resolving enforcement issues.
BenninkAmar furthermore disposes of an international network of excellent law firms specialised in international sanctions and export controls, including in the United States, where we have a strategic alliance with the US law firm Jacobson Burton Kelley PLLC.
We advise and assist our clients on Dutch anti-corruption legislation, as well as on FCPA and UKBA compliance and enforcement matters.
We assist our clients in classifying their goods against the relevant EU and US regulations, e.g. the dual-use regulation, the EU Military List, sanctions regulations, the Commerce Control List and the United States Munitions List. In case you wish to submit a classification request with the Dutch or US authorities, we can assist you with this submission.
We draft and implement compliance policies and procedures for our clients. We prefer our policies and procedures to be thorough but relatively short and simple. We believe that this is crucial for effective and efficient compliance.
We advise and assist our clients with regard to all aspects of economic sanctions and embargo regulations, both from an EU and a US perspective, as both of these legal systems are crucial in international business.
We advise and assist our clients with regard to all aspects of export control regulations, including those related to dual-use goods, software and technology.
We advise and assist our clients with regard to all aspects of export control regulations, including those related to military, defence and aerospace goods, services and technical data.
We advise and assist our clients in applications for export licenses with the Dutch and US authorities.
In case a governmental authority engages in an investigation, whether criminal enforcement or otherwise, relating to sanctions or export controls, we assist and represent our clients in such investigations. Our general approach in such investigations is to endeavour to resolve the enforcement issue in the most efficient and painless way. We are widely experienced in both Dutch and US (OFAC) enforcement procedures.
We also perform internal audits and gap analyses of our clients’ trade law compliance. In case of an alleged violation of sanctions and export control regulations, we also engage in internal investigations at the request of our client.
We carry out due diligence on behalf of our clients in case of an acquisition, in order to establish whether any gaps exist in the compliance of the target, and to subsequently close these gaps.
An important part of the internal compliance is the training of the board, senior management and the staff. We are widely experienced in this. Our trainings are characterized by a clear explanation of the legal theory, combined with many case studies and practical examples. We can provide in-house trainings, webinars and e-learnings.
Many sanctions and export controls also have implications for the transportation and shipping of goods. We advise and assist our clients on these aspects as well.
In case a violation of sanctions or export controls has been found, it can sometimes be beneficial to voluntarily self-disclose this violation with the competent authorities. We have wide experience with VSDs in both the Netherlands and the US and assist and represent our clients throughout the procedure of the disclosure.
International sanctions and export controls
International sanctions are political instruments that can be imposed by the United Nations, the European Union and on a national level in order to punish or steer the behaviour of certain countries and groups. International sanctions generally consist of trade sanctions and financial sanctions. Trade sanctions relate to trade in specific goods and related services, such as dual-use items and military goods, arms embargoes or trade with government institutions or state-owned companies. Financial sanctions mainly relate to financial services and the freezing of funds and economic resources.
International sanctions are becoming more and more important in international politics, often with major, immediate, consequences for business. A few examples are trade with countries such as Russia, Ukraine, Iran, Sudan and many others.
Export controls refers to the controls and restrictions on import and export of strategic goods to and from the Netherlands or Europe for reasons of national or international security, foreign policy, anti-terrorism, crime fighting and non-proliferation. Export controls apply to specific goods, regardless of the exact destination of the goods. The strategic goods to which export controls relate, can be divided into (i) dual-use items and (ii) military items. Dual-use items are items that can be used for both military and civil purposes and the export of such goods is restricted under strict EU legislation. For the export of military items strict national regulations apply. Under circumstances there can be a certain overlap between international sanctions and export controls. This applies in particular if sanctions apply to strategic goods, such as an arms embargo of further restrictions relating to dual-use items. This creates an often complex legal landscape, in which it can be difficult to navigate your company.
BenninkAmar holds the most prominent experts in these areas of law. They can assist you with, amongst others:
- drafting export management and compliance programs (EMCPs) and related procedures;
- providing export and sanctions training to staff, management and the board, if requested also by means of an e-learning tool;
- transaction advice;
- third party screening and transactions screening;
- practical compliance tools for sanctions and export controls;
- general sanctions and export controls advice;
- advice on license obligations;
- assistance in license procedures;
- conducting appeals in case of rejected license applications;
- assistance in voluntary self-disclosures;
- internal investigations with regard to sanctions and export controls;
- assistance in criminal investigations regarding sanctions and export controls;
- representation in criminal court cases on sanctions and export controls.
BenninkAmar furthermore disposes of an international network of excellent law firms specialised in international sanctions and export controls, including in the United States.