What is an internal compliance programme (ICP), and when do I need one?
An Internal Compliance Programme (ICP) describes the internal control measures required for monitoring compliance with export control legislation. It serves as an in-house manual detailing such matters as the internal protocols and procedures put in place to deal with all risks relating to export control. An ICP is always a customised document.
ICPs & global export licences
If you are applying for a global export licence, you will need an ICP. At present there is no ICP requirement for individual and general export licences. In assessing licence applications, the CDIU determines whether a company’s ICP meets the Dutch requirements.
The ICP requirement is, in principle, part of the Netherlands’ export control policy. A number of other EU countries also have an ICP requirement for licence applications. There have been developments within the EU which could lead to ICPs becoming mandatory in all cases at some point in the future. An upcoming review of the Dual-Use Regulation may entail the introduction of EU-wide legislation requiring an ICP.
ICP format
There is no standard format for ICPs. Instead, the Dutch government requires that a number of basic elements be included in every ICP. For specifics, please refer to the guidelines on setting up an internal compliance programme for Strategic and Torture Goods, Technology and Sanctions.