Documents on arms export license released after PILP appeal

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October 6, 2022
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Since 2020, PILP has been litigating against the Minister of Foreign Trade and Development Cooperation (BHOS) over the right to access information on arms exports for Egypt. No document was provided by BHOS because of the customs authorities’ duty of confidentiality. The court upheld the appeal. Some of the requested documents must now be released.

A Wob request by PILP about an arms export license to Egypt was rejected by BHOS. This is because, according to the minister, these documents are subject to customs secrecy. PILP was not allowed to see any of the documents, even after the objection procedure. In 2021, PILP appealed this decision.

According to the Minister for BHOS, it is “evident” that some documents, such as permit applications, are covered by Customs’ duty of confidentiality, because these documents contain information provided confidentially to Customs. Other documents, such as internal memos, also fall under the duty of secrecy, according to the minister. This last category of documents, according to PILP, cannot in any case fall within the scope of the duty of secrecy. Moreover, by not releasing anything at all, the minister is violating Article 10 of the European Convention on Human Rights (ECHR), according to PILP.

On October 6, 2022, the Amsterdam District Court issued its ruling. The court ruled that some of the requested documents should be disclosed. The disclosure of these documents was not to be refused on grounds of confidentiality, nor on other grounds.

PILP sees a worrisome trend in the handling of information requests that are (partly) related to customs. In fact, other NGOs are also dealing with requests that are denied because the requested information would fall under the professional secrecy of customs.

Public access to government information is of great importance for the proper functioning of our democratic constitutional state. In a controversial issue like arms exports, where human rights are at stake, transparency is all the more important. NGOs, such as PILP and our allies, fulfill the role of “public watchdog” in this, according to the European Court of Human Rights. Without access to information, NGOs cannot properly fulfill this monitoring role.

PILP is currently in discussion with partners about the possibility of an appeal.

Read the ruling of the Amsterdam Court here.

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