Government to check investments that might pose a risk to national security

This information is provided by

Netherlands Enterprise Agency, RVO

Effective date: 1 March 2022

What changes?

Does your company carry out processes vital to society? Or does your company have sensitive technology? You need to report changes in who has control of the company to the Bureau for Verification of Investments (Bureau Toetsing Investeringen, BTI).

A safety check will be imposed for investments, mergers, and acquisitions that may pose a risk to national security. This safety check will be in place for 2 types of companies in the Netherlands: suppliers of critical processes and companies that have sensitive technologies. Investments, mergers, and acquisitions in these types of companies may lead to risks for national security.

Both investors in suppliers of critical processes and in companies that have sensitive technologies as well as these companies themselves must report changes in control of the company concerned. The report should be submitted to the Bureau for Verification of Investments, BTI. BTI will then assess whether or not there is a risk to national security. If such a risk is detected BTI may set conditions for the investment or even prohibit the investment. This safety check will be implemented for investments stemming from any country.

For whom?

  • Suppliers of critical processes. These processes are so vital to Dutch society that outages or disturbances may lead to large scale social disruption.
  • Companies that own or manage sensitive technologies. These companies have knowledge and/or information that when leaked, may have serious effects on national security.
  • Investors

When?

It is expected that the Act on safety checks for investments, mergers and acquisitions (Wet veiligheidstoets investeringen, fusies en overnames, Wet vifo) will enter into force at the beginning of 2022.

Please note: The effective date of this measure is not yet final. Entry into force is subject to its passing through the upper and lower houses of parliament or proclamation of the Order in Council (Algemene Maatregel van Bestuur, AMvB) or ministerial decree and publication in the Staatsblad or Staatscourant(Government Gazette, in Dutch).

This information is provided by

Netherlands Enterprise Agency, RVO