In the Netherlands, sanctions violations have traditionally been enforced almost exclusively through criminal law. With the International Sanctions Measures Act (Wet internationale sanctiemaatregelen), a bill submitted to the Dutch House of Representatives in early 2026, an administrative enforcement track will be added. For companies that trade internationally, this is a fundamental change in how quickly and how often violations are actually fined.
What is changing
The current Sanctions Act 1977 has only been amended to a limited extent in recent years, while the scope and complexity of international sanctions regimes have increased considerably. The bill identifies a number of concrete bottlenecks: missing frameworks for data exchange between supervisors, the absence of administrative enforcement options, insufficient systems for asset management under freezing measures, and too little transparency about relationships with sanctioned individuals and entities.
The most important change: Dutch Customs will be given the power to handle sanctions violations involving the import, transit and export of goods under administrative law, including imposing administrative fines. The Investment Screening Office (Bureau Toetsing Investeringen, BTI) will receive similar powers, with fines that can be set as a percentage of annual turnover, and the option to impose orders subject to periodic penalty payments for breaches of freezing obligations.
Administrative law alongside criminal law
The significance of this shift should not be underestimated. Criminal enforcement requires a criminal investigation, prosecution and a court ruling — a process that can take years and in which the Public Prosecution Service has to make choices about capacity and priorities. An administrative fine can be imposed by the supervisor itself, on the basis of its own investigation, without the involvement of criminal law.
This makes enforcement faster, more direct and, presumably, more frequent. Violations that previously stayed under the criminal radar — for example because they were too limited in scale for a criminal case — can in future be fined more easily under administrative law.
What this means for companies
For organisations that supply goods, technology or services across borders, the risk profile is shifting:
- Greater likelihood of actual enforcement — a lower threshold for action means that violations that used to be left alone may now lead to a fine sooner.
- A more direct role for Customs — for the import, transit and export of goods, Customs will not only have supervisory powers, but also the power to impose penalties.
- Fines linked to turnover — at the BTI, penalties can be set as a percentage of annual turnover, making the financial impact considerable for larger companies.
- Emphasis on own responsibility — with a faster enforcement instrument, a demonstrably careful sanctions screening process becomes more important, precisely to be able to show that violations were not due to a lack of care.
Example from practice
An importer brings in a shipment that afterwards turns out to fall partly under a sanctions regime, without this having been noticed in the declaration. Under current practice, prosecution depends heavily on the seriousness and scale of the case. Under the new act, Customs can fine such a violation directly under administrative law, even when its scale is limited in itself — which increases the need for watertight internal controls on import and export.
Frequently asked questions
Does the administrative fine replace criminal law?
No, the act adds an administrative track alongside existing criminal law. Criminal prosecution remains possible for the most serious violations.
Does this only apply to large companies?
No. The powers of Customs and the BTI apply to all parties that import, transit or export goods, regardless of company size. BTI fines are, however, linked to annual turnover, which makes the impact greater for larger companies.
When will the act enter into force?
The bill is going through the parliamentary process; at the time of writing, no exact date of entry into force had been set. Companies would do well to anticipate stricter and faster enforcement now.
TradeRisk helps companies set up a demonstrably careful sanctions screening process, so that you not only manage sanctions risks, but can also substantiate this to supervisors on request. Also read more about how sanctions screening works and sanctions screening of companies.