Revises its guidelines for the screening of foreign investment
22 Aug 2025
On 22 August 2025, the Dutch Investment Screening Authority (Bureau Toetsing Investeringen, BTI) issued updated guidance on the application of the Foreign Direct Investment Screening Act (Vifo Act). The guidance clarifies the scope of the screening regime and explains how the authority determines whether an investment falls within its remit. In particular, it elaborates on the concept of “active involvement” in sensitive technologies or activities and how this affects notification obligations. The document also outlines how the BTI conducts its assessments and interprets key statutory concepts, thereby providing greater legal certainty for investors.
The guidance narrows the scope of in-scope activities to cases involving genuine technical involvement, such as the development, modification or integration of sensitive or dual-use technologies, while excluding purely commercial activities such as resale or passive use. It also specifies the types of technologies considered sensitive, including advanced semiconductors, photonics, micro-electromechanical systems (MEMS), cybersecurity tools and certain high-assurance digital products, while confirming that entities such as universities or service providers engaged solely in non-technical functions generally remain outside the scope of the regime.
Nature of measure:
Type:
-
Promotion and facilitation (Investment facilitation )
Industry:
Inward FDI:
Yes
Outward FDI:
No
Sources:
