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UNCLAS SECTION 01 OF 10 THE HAGUE 001879 
 
SIPDIS 
 
STATE FOR EB/IFD/OIA/NEFIRD AND EUR/ERA 
 
TREASURY FOR OASIA/IMI/RENEEMATHIEU 
 
USDOC FOR 4212/USFCS/MAC/OEURA/FALCO 
 
E.O. 12356:  N/A 
TAGS: EINV ECON KTDB EFIN KIDE NL OPIC
SUBJECT: NETHERLANDS 2003 INVESTMENT CLIMATE 
STATEMENT 
 
REF: STATE 128494 
 
¶1. Attached we transmit the text of the 2003 investment 
climate statement for the Netherlands.  This update 
corresponds with chapter VII in the FY 2003 Country 
Commercial Guide. The full text of the ICS has also 
been transmitted by e-mail to EUR/IFD/OIA for the 
attention of 
Neil Feird and Ann McConnell July 24, 2003. For 
additional information on the Netherlands ICS please 
contact Jan Razoux Schultz in Embassy The Hague's 
Economic Section at telephone number 00 31 70 310 92 
76,or by e-mail at razouxje@state.gov. 
 
A.1. Openness to Foreign Investment 
----------------------------------- 
 
¶2.  The Netherlands' trade and investment policy is 
among the most open in the world.  With combined 
merchandise exports and imports accounting for more 
than two-thirds of GDP, the Dutch economy is one of the 
most internationally oriented.  The Netherlands remains 
among the world's largest suppliers of investment 
capital and currently ranks number six among the 
world's ten largest foreign investors (third if FDI is 
related to GDP).  The Netherlands also ranks number six 
among global recipients of FDI.  The Dutch government 
maintains liberal policies toward foreign direct 
investment, and adheres to the OECD investment codes. 
 
¶3. The only Dutch exception to the principle of 
national treatment is in air transport.  Nationality 
and ownership requirements apply for licenses to 
operate an airline, and the right to cabotage is 
reserved to national carriers.  With the exception of a 
few public and private monopolies from which foreign 
and domestic private investment is banned (the 
Netherlands central bank, Netherlands railways, 
national airport Amsterdam Schiphol, national carrier 
KLM, and public broadcasting) foreign firms are able to 
invest in any sector and are entitled under the law to 
equal treatment with domestic firms. 
 
¶4. European Union reciprocity provisions in banking and 
investment services and in a few other areas bind the 
Dutch.  Provisions related to government incentives, 
national rules of incorporation, and access to the 
capital market are all administered on a 
non-discriminatory basis.  Business laws and 
regulations are in accordance with international legal 
practices and standards and apply equally to foreign 
and Dutch companies. 
 
¶5. Structural and regulatory reforms have long been an 
integral part of a major reorientation of Dutch 
economic policy.  Product market competition is 
strengthened by way of programs aimed at strengthening 
market forces, deregulation and legislative quality 
combined with tightening of competition policy. The 
government has reduced its role in the economy by 
introducing market forces in formerly public utilities 
sectors.  While the gas and electricity sectors are 
gradually being opened up to foreign competition, 
government-controlled entities retain dominant 
positions in rail transport and water sector and 
continue to play a large role in aviation and in 
telecommunications. 
 
¶6. Despite relatively high Dutch labor costs and labor 
market imperfections (complex labor laws resulting in 
restrictive hiring and firing practices for employers), 
foreign investors have found the Netherlands a 
favorable location for their European investment 
projects.  The Dutch actively solicit foreign 
investment through the Netherlands Foreign Investment 
Agency (NFIA), and related regional economic 
development companies. Approximately 30 percent of 
total FDI in the European Union is directed towards the 
Netherlands.  Foreign direct investment is concentrated 
in growth areas including information technology, 
biotechnology, medical technology and food processing. 
Investment projects are predominantly in contract 
manufacturing (high-tech assembly), distribution, and 
value-added logistics.  Ernst & Young's international 
annual benchmark studies identify the Netherlands as 
one of four most popular locations for foreign ICT in 
Europe, while also ranking the Dutch biotechnology 
sector among Europe's elite. 
 
¶7. The Netherlands also ranks among the countries in 
Europe with the largest number of broadband connections 
and the highest internet penetration in the European 
Union.  According to the Economic Intelligence Unit 
(EIU) e-commerce readiness survey, the Netherlands 
ranks third in the world due to continued rollout of 
broadband services, internet related legislation and 
government programs.  The government will shortly 
embark on a broadband action program aimed at creating 
the regulatory framework that will stimulate and 
facilitate broadband development. 
¶8. The Netherlands is particularly attractive for the 
establishment of European headquarters, European 
distribution centers, call centers and shared services 
centers.  Investment surveys indicate that U.S. 
investors in particular favor the Netherlands as a 
location for European Distribution Centers (EDCs).  An 
estimated 60 percent of U.S. companies in Europe have 
located their EDCS in the Netherlands.  Following the 
introduction in 1997 of a more friendly tax regime, the 
number of European headquarters established in the 
Netherlands has also increased sharply to nearly ninety 
in 2002.  A special Corporate Financing Arrangement 
(CFA) allows European headquarters established in the 
Netherlands to set aside eighty percent of intra- 
company financing into a tax-free reserve, thereby 
reducing the effective corporate tax rate to seven 
percent from a normal rate of 34.5 percent. 
 
¶9. Foreign investors find the Netherlands attractive 
because of the country's stable political and 
macroeconomic climate, a highly developed financial 
sector, the presence of a well educated, and productive 
labor force, and the high quality of Dutch physical and 
communications infrastructure. The Netherlands ranks 
among the world's most internationally oriented 
countries, second only to Singapore. 
 
¶10. Various international surveys rank the Netherlands 
among the top ten countries in the industrialized world 
with the most competitive economies and most favorable 
business and investment climate.  The 2003 World 
Competitive Survey by the Swiss-based Institute for 
Management Development (IMD) ranked the Netherlands 
eighth among the world's most competitive (smaller) 
economies.  The Economist Intelligence Unit's (EIU) 
2003 survey of the global business environment singled 
out the Netherlands as the country with the most 
favorable business climate for the period 2003-2007, 
due to its political stability and effectiveness, 
policy towards investment and the availability of 
finance.  Finally, a recent OECD study cites the 
Netherlands among countries offering the best 
environment for direct investment. 
 
¶11. The Netherlands is also known for its favorable 
fiscal climate. Precise tax guidance given to foreign 
investors provides transparency with regard to long- 
term tax obligations.  A recent Forbes global tax 
burden survey ranked the Netherlands relatively 
favorably with regard to the overall tax burden as well 
as the marginal tax rate. 
 
¶12. Despite predominantly favorable business and 
investment conditions, other international 
organizations, including the World Economic Forum, flag 
a sharp erosion of the competitive position as a major 
challenge confronting the Netherlands.  More 
specifically, relatively high wage cost, growing 
imperfections in the road infrastructure, and a less 
than flexible labor market are sited as potential 
bottlenecks in attracting foreign direct investment to 
the Netherlands. 
 
¶13. Deterioration of the fiscal climate due to sharper 
tax competition among EU Member States and measures by 
the European Commission aimed against national tax 
incentives with a subsidy element is likely to also 
affect the Dutch competitive environment.  To this end, 
the CFA corporate financing arrangement will be 
abolished in January of 2004 as a state subsidy harmful 
to EU tax competition. 
 
¶14. There are no apparent foreign investment screening 
mechanisms and 100 percent foreign ownership is 
permitted in those sectors open to foreign investment. 
The rules on acquisition, mergers, takeovers, and 
reinvestment are nondiscriminatory.  All firms must 
conform to certain rules of conduct on mergers and 
takeovers.  The Social Economic Council (SER), an 
official advisory body composed of representatives of 
government, business and labor, administers Dutch 
merger and takeover rules.  SER rules are intended, 
first and foremost, to protect the interests of 
stakeholders and employees.  They include requirements 
for timely announcement of merger and takeover plans 
and for discussions with trade unions.  A survey among 
European companies by Heidrick & Struggles ranks the 
Netherlands second after the United Kingdom for its 
transparency of corporate governance practices. 
Despite the supposedly open policy, elaborate corporate 
protective measures against hostile takeovers may de 
facto block acquisitions or takeovers by Dutch and 
foreign investors.  A draft corporate governance code 
of conduct that seeks to improve transparency in 
shareholder/management relations as well as structure 
and accountability of management, was introduced in 
July 2003.  The code of conduct, providing for a 
marginal reduction of takeover defenses, will become 
effective as of January 1, 2004. 
 
¶15. The Netherlands maintains no preferential or 
discriminatory export or import policies with the 
exception of those that result from its membership in 
the European Union.  The Dutch also abide by all 
internationally agreed strategic trade controls,(e.g. 
the Wassenaar Agreement). In summary, Dutch domestic 
restrictions on foreign investment remain minimal and 
no new ones are being planned.  The Dutch investment 
climate should continue as it is, but will increasingly 
be influenced by EU policies. 
 
A.2. Conversion and Transfer Policies 
------------------------------------- 
¶16. There are no restrictions on the conversion or 
repatriation of capital and earnings (including branch 
profits, dividends, interest, royalties), or management 
and technical service fees, with the exception of the 
nominal exchange license requirement for non-resident 
firms. 
 
A.3.  Expropriation and Compensation 
------------------------------------ 
¶17. The Netherlands maintains strong protection on all 
types of property, including private property, and the 
right of citizens to own and use property. 
Expropriation would only take place in the public 
interest and with adequate compensation.  We have no 
reason to believe that it would be undertaken in a 
discriminatory manner or in violation of established 
principles of international law.  The embassy is 
unaware of any recent expropriation claims involving 
the Dutch government and U.S. or other foreign-owned 
property. 
 
A.4.  Dispute Settlement 
------------------------ 
¶18. The embassy is not aware of any investment dispute 
involving the Dutch government and U.S. or other 
foreign companies.  The Netherlands is a signatory to 
the International Convention on Investment Disputes and 
a member of the International Center for the Settlement 
of Investment Disputes (ICSID).  Although the central 
government has no rules regarding withdrawals of 
investment, occasionally trade unions go to court over 
company closures.  This has occurred in the case of 
both domestic and foreign-owned firms. 
 
A.5 Performance Requirements/Incentives 
---------------------------------------- 
¶19. There are no trade-related investment performance 
requirements in the Netherlands.  General requirements 
to qualify for investment subsidy schemes apply equally 
to domestic and foreign investors.  There are no 
requirements for employment of local capital or 
managerial personnel.  However, in practice almost all 
chief executives of major U.S. subsidiaries in the 
Netherlands are Dutch or other EU nationals, because 
skilled managers are available at a cost less than that 
of posting an American abroad.  In the case of staff 
personnel, however, Dutch nationals must be employed 
unless firms can demonstrate that a Dutch national 
cannot perform the job in question.  This burden is 
eased by an existing provision that prior employment 
with the firm of at least two and a half years amounts 
to a presumption of unique qualifications for the job. 
 
¶20. Limited, targeted investment incentives have long 
been a well-publicized tool of Dutch economic policy to 
facilitate economic restructuring and to promote energy 
conservation, regional development, environmental 
protection, R&D, and other national socio-economic 
goals.  Subsidies and incentives are available to 
foreign and domestic firms alike and are spelled out in 
detailed regulations.  Subsidies are in the form of tax 
credits that are usually disbursed through corporate 
tax rebates or direct cash payments in the event of no 
tax liability. 
 
¶21. Reflecting the European Union's limits on direct 
government support, the Regional Investment Projects 
Subsidies Scheme (BSRI), formerly IPR, is the only 
major investment incentive still available to 
investors.  The BSRI aims to encourage corporate 
investment in parts of the country with a high 
unemployment rate by giving an investment grant for new 
investments (industrial buildings and fixed assets) or 
the acquisition of land.  Investment costs qualifying 
for BSRI grants include costs incurred for the 
acquisition of land, necessary buildings and durable 
equipment.  BSRI cash grants of up to 20 percent of 
actual investment costs are available up to a maximum 
of approximately $13 million per project.  Sharply 
rising unemployment, a major criterion for Brussels 
approval of national investment subsidies, is likely to 
increase the significance of the BSRI as an investment- 
stimulating instrument. 
 
¶22. Local investment subsidies are sometimes also 
available from regional development companies. 
Regional non-tax incentives are available in the form 
of cash grants, low-interest loans, local government 
participation and export guarantees for selected areas. 
The growing number of tax incentives offered to 
investors in other EU countries has prompted the 
government to look into the possibilities of expanding 
existing tax instruments to aggressively improve the 
Dutch tax climate vis--vis that in competitor 
countries like Belgium, Germany and Ireland. Right to 
 
A.6. Right To Private Ownership and Establishment 
--------------------------------------------- ---- 
¶23. There are full rights of private ownership and 
establishment of business enterprises in the 
Netherlands, except in the monopoly sectors as noted in 
the introduction.  Despite the fact that service 
providers must often meet stringent licensing 
requirements, numerous enterprises in the Netherlands 
are 100 percent owned by foreign firms, including many 
from the United States.  Licenses are granted on the 
basis of competitive equality. 
 
A.7. Protection of Property Rights 
---------------------------------- 
¶24. The Netherlands has a generally good set of 
legislation and regulations that protect intellectual 
property rights.  However, the enforcement of 
anti-piracy laws remains a concern to producers of 
software and digital media (see below).  The 
Netherlands belongs to the World Intellectual Property 
Organization (WIPO), is a signatory of the Paris 
Convention for the Protection of Industrial Property, 
and conforms to the accepted international practice for 
protection of technology and trademarks. The Dutch have 
been slow in implementing EU directives bringing 
domestic legislation in line with the WIPO 1996 
Copyright Treaty (WCT), the WIPO performance and 
phonogram treaty (WPPT), and the EU 98/44/ec directive. 
There is an overall sense among policy makers to step 
up measures aimed at raising awareness of Intellectual 
Property Rights (IPR) rules and regulations and to 
strengthen enforcement. 
 
¶25. Patents for foreign investors are granted 
retroactively to the date of original filing in the 
home country, provided the application is made through 
a Dutch patent lawyer within one year of the original 
filing date.  Patents are valid for 20 years.  Legal 
procedures exist for compulsory licensing if the patent 
is inadequately used after a period of three years, but 
these procedures have rarely been invoked.  Since the 
Netherlands and the United States are both parties to 
the Patent Cooperation Treaty (PCT) of 1970, patent 
rights in the Netherlands may be obtained if PCT 
application is used.  The Netherlands is a signatory of 
the European Patent Convention, which provides for a 
centralized Europe-wide patent protection system.  This 
convention has simplified the process for obtaining 
patent protection in the Member States.  Infringement 
proceedings remain within the jurisdiction of the 
national courts, which could result in divergent 
interpretations detrimental to US investors and 
exporters. 
 
¶26. The enforcement of anti-piracy laws remains a 
concern to producers of software, audio and videotapes 
and textbooks from the United States.  Organized 
optical disc software piracy and e-commerce piracy are 
also of major concern to the Dutch.  Annual losses to 
the US motion picture industry due to audiovisual 
piracy in the Netherlands have been estimated at tens 
of millions of dollars annually.  The Dutch government 
has recognized the need to protect intellectual 
property rights and law enforcement personnel have 
worked with industry associations to find and seize 
pirated software.  Dutch IPR legislation currently in 
place explicitly includes computer software as 
intellectual property under the copyright statutes. 
 
A.8. Transparency of the Regulatory System 
 
¶27. Laws and regulations that affect direct investment, 
such as environmental rules, health and safety 
regulations, etc., are non-discriminatory and apply 
equally to foreign and domestic firms.  Dutch tax law 
facilitates attracting non-Dutch personnel to live and 
work in the Netherlands. Currently, expatriate staff 
transferred to the Netherlands on a temporary contract 
can make use of the 30 percent ruling.  The ruling 
provides that 30 percent of his/her gross employment 
income in the Netherlands is not taxable under Dutch 
personal income tax laws. This treatment is granted for 
a maximum of ten years.  Furthermore, the expatriate is 
considered a non-resident, meaning that only income 
from Dutch sources is taxed in the Netherlands. 
 
¶28. Dutch corporations and branches of foreign 
corporations currently are subject to a corporate tax 
rate of 34.5 percent (profits of up to _ 22,689 
($24,000) are taxed at a rate of 29 percent) on taxable 
profits, which puts the Netherlands at the higher end 
of the corporate tax bracket in the European Union. 
Dutch corporate taxation generally allows for the 
exemption of dividends and capital gains derived from a 
foreign subsidiary (participation exemption).  A survey 
by Baker & McKenzie into the corporate tax structure of 
EU Member States observed that both the corporate tax 
rate and the effective corporate tax rate (20.67 
percent in the year 2001) are higher than the European 
average.  Nevertheless, the Dutch corporate tax 
structure ranks among the most competitive in Europe. 
A further reduction of the corporate tax rate to 30 
percent to bring the effective corporate rate closer to 
the EU average has therefore been proposed.  No local 
Dutch income taxes are levied on corporations. 
Furthermore, the Netherlands maintains an extensive 
network of tax treaties with a large number of 
countries.  A new tax treaty with the U.S. took effect 
on January 1, 1994. 
 
A.9.Efficiency of Capital Markets and Portfolio 
--------------------------------------------- -- 
Investment 
---------- 
¶29. Dutch financial markets are fully developed and 
operate at market rates, facilitating the free flow of 
financial resources.  The Netherlands is an 
international financial center for the foreign exchange 
market and for eurobonds and bullion trade.  The 
flexibility that foreign companies enjoy in conducting 
business in the Netherlands extends into the area of 
currency and foreign exchange.  There are no 
restrictions on foreign investors' access to sources of 
local finance. 
 
A.10.Political Violence 
----------------------- 
¶30. The Netherlands is noted for its stable political 
environment. In the highly consensus-oriented Dutch 
society, political violence is almost nonexistent.  The 
Dutch economy derives much of its strength from a 
stable industrial climate fostered by partnership 
between unions, employers' organizations and the 
government.  Strikes are rarely regarded as the primary 
means to settle labor disputes and labor strikes in 
recent decades have been very rare. 
 
A.11. Corruption 
---------------- 
¶31. New anti-bribery legislation, implementing the 1997 
OECD anti-bribery convention, became effective in 2001. 
The new anti-bribery law reconciles the language of the 
OECD anti-bribery convention with the EU fraud 
directive and the Council of Europe convention on 
fraud.  It makes corruption by Dutch businessmen in 
landing foreign contracts a penal offense, and bribes 
are no longer deductible for corporate tax purposes. 
At a national level, Dutch justice and interior 
ministries have taken steps to sharpen regulations to 
combat bribery in public procurement and in the 
issuance of permits and subsidies.  This has led NGO 
Transparency International to rank the Netherlands 
number six among the least corrupted countries in the 
world after Canada, Austria, Switzerland, Sweden and 
Australia 
 
---------------------------------- 
¶B. Bilateral Investment Agreements 
---------------------------------- 
¶32. The Netherlands has signed bilateral investment 
agreements with a large number of countries including: 
Albania, Argentina, Bangladesh, Belarus, Belize, 
Bolivia, Bosnia-Herzegovina, Brazil, Bulgaria, Burkina 
Faso, Cameroon, Cape Verde (Republic of), Chile, China, 
Costa Rica, Cuba, Croatia, Czech Republic, Ecuador, 
Egypt, El Salvador, Estonia, Ethiopia, Gambia, Georgia, 
Ghana, Guatemala, Honduras, Hong Kong, Hungary, India, 
Indonesia, Ivory Coast, Jamaica, Jordan, Kazakhstan, 
Kenya, Korea (Republic of), Kuwait, Laos, Latvia, 
Lebanon, Lithuania, Macedonia, Malaysia, Malta, Mexico, 
Moldova (Republic of), Mongolia, Morocco, Mozambique, 
Namibia, Nicaragua, Nigeria, Oman, Pakistan, Panama, 
Paraguay, Peru, Philippines, Poland, Romania, Russian 
Federation, Senegal, Singapore, Slovenia, Slovak 
Republic, South Africa, Sri Lanka, Sudan, Tajikistan, 
Tanzania, Thailand, Tunisia, Turkey, Uganda, Ukraine, 
Uruguay, Uzbekistan, Venezuela, Vietnam, Yemen, 
Yugoslavia, Zambia,  and Zimbabwe. 
 
¶33. The Netherlands adheres to the OECD codes on 
capital movements and invisible transactions, with the 
exceptions mentioned earlier.  It maintains a treaty of 
friendship, commerce and navigation with the United 
States that generally provides for national treatment 
and free entry for foreign investors, with certain 
exceptions.  The Netherlands is also a member of the EU 
single market. 
 
--------------------------------------------- -- 
¶C. OPIC and Other Investment Insurance Programs 
--------------------------------------------- -- 
¶34. Dutch companies investing in developing countries 
through the establishment of subsidiaries or joint 
ventures can insure their investment against 
non-commercial risks with the privately-owned 
Netherlands Credit Insurance Company (NCM) under the 
1969 investment reinsurance act (WHI).  The NCM 
reinsures its political risks with the Ministry of 
Finance.  Dutch investors have not heavily utilized 
this insurance program, however, and efforts are 
underway to find ways of making the program more 
effective. 
 
¶35. According to Article 7b of the investment 
reinsurance act (WHI) of 1969, reinsurance of 
investment in LDC's (Less Developed Countries) can be 
provided only if a satisfactory agreement has been 
reached with the recipient country regarding 
regulations that will apply to Dutch investment in that 
country.  The act covers procedures that will be 
followed in the case of a dispute between the investor 
and the host country on recovery of indemnity resulting 
from the insurance of the investment.  A temporary 
program (Thrio) covering the insurance of investment in 
all Eastern and Central European countries, with the 
exception of the former Yugoslavia and the Asian 
republics of the Commonwealth of Independent States 
(CIS) was introduced in 1991.  In 1997, the WHI and 
Thrio programs were merged with similar programs for 
developing countries into the Investment Reinsurance 
Arrangement (IRA).  Investment in countries with which 
the Netherlands has concluded a bilateral investment 
treaty is eligible for coverage under the IRA.  The 
Netherlands is a member of the Multilateral Investment 
Guarantee Agency (MIGA). 
 
-------- 
¶D. Labor 
-------- 
¶36. The Dutch workforce is largely well educated and 
multilingual.  As a result of the current economic 
downturn, employment growth has been decelerating which 
has resulted in a steep increase in the level of 
unemployment.  With an unemployment rate of 5.4 percent 
in June of 2003 (up from 3.7 percent in May of 2002), 
the official unemployment rate is climbing but remains 
well below the EU average.  Stagnating employment 
growth and a growing number of layoffs are expected to 
raise the average unemployment rate to more than five 
percent of the labor force in 2003, and to well over 
six percent, and closer to the EU-15 average, in 2004. 
Because of unfavorable labor market developments, the 
Dutch government is giving the highest priority to 
reducing structural unemployment, particularly long- 
term unemployment, while boosting job creation. 
 
¶37. The Netherlands currently has the highest part-time 
work rate in the OECD, which has contributed to greater 
labor market flexibility.  A substantial increase in 
the participation of women in the workforce led the 
share of part-time workers in the total working 
population to increase to more than 40 percent.  Labor 
market participation, especially by elderly workers, is 
slowly but gradually growing from a low of sixty 
percent in the early 1990s to more than 70 percent of 
the potential labor pool in 2004.  The high part-time 
employment rate and low labor market participation are 
the main factors contributing to less than full 
utilization of labor potential.  Increasing labor 
market participation is regarded as a critical to 
ensure continued economic growth and to cope with the 
impact of a rapidly graying population. 
 
¶38. The Dutch government's job creation policy is 
focused on the following elements: reducing the general 
burden of taxes and social security contributions, 
moderating growth in wage levels, improving 
productivity, and strengthening the economic structure. 
In addition, the Dutch government has taken measures to 
improve labor market flexibility.  This combination of 
greater (but not full) labor market flexibility, 
consensual wage restraint, and lowering of the tax 
burden and social security contributions is seen as the 
key to economic recovery. 
 
¶39. Workers may be found through government-operated 
labor exchanges, a rapidly growing number of private 
employment firms, or directly through, for example, 
newspaper advertisements.  The official average 
workweek currently is 38 hours, but work-shortening 
programs (ADV) effectively reduce the average workweek 
to 36 hours.  Cutting average working hours is often 
used to create jobs or avoid layoffs.  Recently 
concluded wage contracts include provisions for a 36- 
hour workweek.  Also, the American business community 
in the Netherlands has given cautious approval to 
efforts to split the average 38-hour working week over 
four instead of five days, and treat Saturday as a 
normal working day.  This would help ease the country's 
traffic-choked roads and allow companies to better 
utilize their machinery.  On the other hand, new 
legislation has been adopted which will increase the 
flexibility in the operating hours of companies and 
shops. 
¶40. The average contract wage increase in 2002 was 
close to four percent compared to an increase of 
approximately five percent in 2001.  Counting on the 
impact of a slowdown in the economy and sharply rising 
unemployment to moderate wage demands, official 
estimates optimistically expect the negotiated contract 
wage rise in 2003 to stay just below three.  Labor 
contracts for the year 2003 and 2004 concluded so far 
provide for an average contract wage rise of 2.4 
percent.  The average per unit wage costs increase in 
2003 is forecast to decelerate to a level below an 
average 4.6 percent wage cost increase in 2002. 
Surveys of average annual labor costs, base pay plus 
employers' social security costs, mandatory benefits 
and voluntary benefits, across the European Union rank 
the Netherlands ninth after countries such as the UK, 
Germany, France, Sweden and Denmark. 
 
¶41. Benchmark reports by the European Industry 
Federation UNICE observe that, despite relatively high 
wage costs, the Netherlands has one of the highest 
levels of labor productivity in the manufacturing 
industry.  In order to reduce the gap between 
productivity and wage costs the Dutch government has 
significantly reduced employers' costs for workers who 
earn minimum wage or slightly above.  It has also 
called on organizations of employers and workers to 
create jobs at the lowest end of the wage scale. 
Currently, the lowest wage established by collective 
labor agreements (CAO's) is about eight percent higher 
than the statutory minimum wage ($1,413 per month in 
2002). 
 
¶42. Labor/management relations in both the public and 
private sectors are generally good in a system that 
emphasizes the concept of social partnership.  Although 
wage bargaining in the Netherlands is increasingly 
decentralized, there still exists a central bargaining 
apparatus where labor contract guidelines are 
established.  About 75 percent of all Dutch workers are 
covered by union contracts that are negotiated on a by- 
sector basis with employers associations and, if 
accepted by the government, are extended by law to the 
entire sector. Some sector labor contracts (e.g., road 
transport and haulage) are relatively inexpensive, 
while others (e.g., metal) are more costly.  To avoid 
surprises, potential investors are advised to consult 
with local trade unions to determine which, if any, 
labor contracts apply to workers in their business 
sector prior to making an investment decision. 
Collective bargaining agreements negotiated in the past 
few years have, by and large, been accepted by the rank 
and file without much protest, despite only moderate 
wage rises, and days lost to strikes are relatively 
low. 
 
¶43. The Dutch have always had an economy that derives 
its strength from free trade and a stable industrial 
climate fostered by partnership between unions, 
employers' organizations and the government.  There is 
substantial labor involvement in corporate 
decision-making on matters affecting workers.  Each 
company in the Netherlands with at least 50 workers is 
required by law to institute a Works-Council with which 
management must consult on a range of issues including 
investment decisions.  Legislation implementing the EU 
work council directive came into effect in March of 
¶1998.  The Dutch government in 2003 agreed on 
legislation governing employee participation of 
European companies (companies operating in at least two 
EU member states).  Under this legislation, company 
founders and its workers must conclude an agreement on 
employee participation.  Trade unions and management 
are generally receptive to foreign investment, 
especially where this leads to improved employment 
possibilities and related benefits.  U.S. companies 
generally perceive works councils as contributing to 
management-worker relations and a benefit to the 
company. 
 
--------------------------------- 
¶E. Foreign Trade Zones/Free Ports 
--------------------------------- 
¶44. The Netherlands has no free trade zones or free 
ports in the sense of territorial enclaves where 
commodities can be processed or reprocessed tax-free. 
There are, however, a large number of customs 
warehouses (EU category a through e, but no category a 
and f or "free zones") and free warehouses at 
designated places and international airports where 
goods in transit may be temporarily stored under 
customs supervision.  Goods may be repacked, sorted or 
relabeled. 
 
--------------------------------------- 
¶F. Foreign Direct Investment Statistics 
---------------------------------------- 
¶45. Statistics on the level of FDI in the Netherlands 
(by country of origin and industry sector), and 
comparable data covering the stock of Dutch FDI abroad, 
are compiled by the Netherlands Central Bank (NB) on an 
ad hoc basis (http://www.dnb.nl).  The NB's FDI inflows 
are based on sources of capital transactions rather 
than on actual "by country" investment outlays. 
 
¶46. The FDI to GDP ratio in the Netherlands continues 
to be among the highest in the European Union. The NB's 
FDI statistics reveal that the total stock of FDI in 
the Netherlands amounted to $350 billion, equal 74 
percent of GDP, at the end of 2002.  Sharing in the 
global foreign direct investment slowdown, total FDI 
inflows into the Netherlands in 2002 were almost halved 
(down 45.7 percent) to seven percent of GDP, from well 
over 13 percent in 2001. 
 
¶47. FDI from the U.S. in 2002 fell sharply to $ 7 
billion, from $ 24.8 billion in 2001.  The NB's FDI 
statistics also show that reduced inflows of direct 
investment and lower capital movements by non-bank 
financial enterprises lowered the stock of U.S. direct 
investment in the Netherlands to $74 billion, equal 16 
percent of GDP, in 2002 ($145.7 billion according to 
U.S. Department of Commerce statistics).  This ranks 
the United States as the largest supplier of direct 
investment in the Netherlands. 
 
¶48. According to FDI statistics based on actual 
investment outlays by country of origin during the 
period 1987 through 2002, the Netherlands Foreign 
Investment Agency (NFIA) was actively involved in the 
establishment of close to 700 U.S. investment projects 
with a total value of more than $5 billion.  The total 
volume and value of direct investment projects for the 
whole of 2002 is estimated to be somewhat higher than 
the official number because the Netherlands has no 
compulsory registration of foreign investment, and also 
because there is a considerable amount of regional 
investment acquisition. 
 
¶49. Foreign companies established in the Netherlands 
account for roughly one-third of industrial production 
and employment in industry.  At the end of 2002, about 
25 percent of foreign establishments in the Netherlands 
were of U.S. origin, 51 percent from the European 
Union, 10 percent from other European countries, four 
percent Japanese and the remaining 12 percent from 
non-OECD and non-EU countries. 
 
¶50. The Netherlands is regarded as one of the most 
attractive countries for setting up European 
headquarters (EHQ's), call centers, shared services 
centers (SSCs), and European distribution centers 
(EDC's).  Of all foreign headquarters established in 
Europe, close to 60 percent are located in the 
Netherlands.  An estimated 25 percent of SSCs in Europe 
have chosen to come to the Netherlands.  According to 
the UK Data Monitor, the Netherlands currently also has 
close to one thousand call centers within its borders, 
many of which are located in the capital of Amsterdam. 
 
¶51. Amsterdam has also developed into the continent's 
biggest data-communications infrastructure junction and 
ICT center.  U.S. ICT companies including Cisco Systems 
and MCI World Com have chosen to build their data 
centers close to Amsterdam's fiber optic high-speed 
data lines and its Gigaport broadband network. A 
similar data-communications infrastructure junction and 
ICT cluster, linking the Netherlands with the North of 
Europe, has been established by U.S. company Tycom in 
the city of Groningen in the north of the Netherlands. 
 
¶52. The Dutch also lead Europe in attracting 
distribution centers.  An estimated 42 percent of U.S. 
multinational companies have established a European 
distribution center in the Netherlands.  U.S. companies 
investing in the Netherlands have also been expanding 
robustly in the micro-electronics field and value-added 
logistics. 
 
¶53. According to the Netherlands Foreign Investment 
Agency, computer manufacturers in particular are 
looking to northern Europe to establish an assembly, 
maintenance and distribution centers.  Packard Bell is 
successfully operating a distribution center in the 
city of Nijmegen, province of Gelderland, employing 500 
workers.  Technology wholesaler, Ingram Micro, 
established a multi-million dollar regional 
distribution center in the province of Limburg.  Other 
large U.S. electronics firms with establishments in the 
Netherlands are AT&T, Rank Xerox, IBM,and Honeywell. 
 
¶54. Abott Laboratories, manufacturer of infant formula 
and medical nutritional food, has chosen the province 
of Noord-Brabant as the place to invest $ 51 million in 
a European distribution center. Abott Labs will be 
following in the footsteps of Amgen Europe BV, leading 
manufacturer of bio-pharmaceuticals, that has been 
operating a European Logistical center in Noord-Brabant 
since 1989. 
 
¶55. In the chemical sector, Lyondell Chemical Nederland 
Ltd. is currently investing an estimated $1 billion in 
a joint project with Bayer aimed at expanding Propylene 
Oxide (PO)and Tertiary Butyl Alcohol production 
capacity in the Port of Rotterdam Botlek area. 
 
¶56. The top fifteen U.S. investors in the Netherlands, 
based on the number of employees (by company investment 
outlays are protected) include Alcoa Europe Holding BV, 
IBM Nederland NV, Sara Lee/DE NV, Dow Benelux NV, Du 
Pont De Nemours Nederland BV, General Electric Plastics 
Europe BV, Philip Morris Holland BV, Compaq Computer 
BV, Cargill BV, Honeywell BV, Masterfoods Veghel BV, 
Merck, Sharp & Dohme BV, Esso Nederland BV, Eastman 
Chemical Europe BV, and Cisco Systems International BV. 
 
Russel