Industrial Policy & Trade Monitor· 2662 actions· ✨ 89 recent

The National Defense Authorization Act for Fiscal Year 2026 (P.L. 119-60), signed into law on 18 December 2025, expands the Department of Defense's existing "covered materials" domestic- sourcing restriction (which already barred DoD contracting for SmCo/NdFeB magnets, tantalum and tungsten sourced from China, Russia, Iran or North Korea) to add gallium, germanium and molybdenum under Section 844. Restrictions on materials "melted or produced" in a covered nation take effect 31 December 2026, widening on 1 January 2027 to also cover materials "mined, refined, or separated" in a covered nation; the gallium/germanium additions specifically phase in on 18 December 2027. The same NDAA bundles two related supply-chain provisions: Section 867 gives DoD broader authority (contracts, grants, other-transaction agreements, equity-style investments, and anti-market-manipulation subsidies) to invest in the domestic industrial base for critical minerals, microelectronics, machine tools and other defense-relevant capacity, and Section 842 bars DoD from procuring advanced batteries whose cells or key components are owned, sourced, refined or produced by a foreign entity of concern, phased in 2028-2031.

On 6 November 2025, the US Department of the Interior (DOI) and the US Geological Survey (USGS) released the final 2025 List of Critical Minerals under the Energy Act of 2020 (30 U.S.C. § 1606), expanding the designation from 50 to 60 minerals. The final list adds 10 newly designated commodities — boron, copper, lead, metallurgical coal, phosphate, potash, rhenium, silicon, silver, and uranium — based on updated supply-chain disruption modelling, public comment, and interagency recommendations. The list constitutes the foundational statutory anchor for downstream US critical-minerals policy instruments including DPA Title III awards, DOE LPO Title 17 loan eligibility, IRA Section 45X Advanced Manufacturing Production Credit eligibility, Section 30D FEOC determinations, BIS export-control predicate assessments, Section 232 trade-investigation predicates, and CFIUS critical-technology triggers under 31 CFR § 800.215.

Indonesia's Ministry of Energy and Mineral Resources (MEMR) issued Ministerial Decree Kepmen ESDM No. 268.K/MB.01/MEM.B/2025 on 8 August 2025, establishing Guidelines for Determining Benchmark Prices (Harga Patokan Mineral/HPM and Harga Patokan Batubara/HPB) for the sale of metal minerals and coal. It revokes the predecessor Kepmen 72/2025 and relaxes the absolute HPM/HPB price-floor mandate—exempting pre-existing contracts at below-benchmark prices—while preserving HPM/HPB as the obligatory basis for royalty and tax calculation, closing transfer-pricing avoidance. Pricing formulas cover nickel, cobalt, copper, gold, bauxite, tin, and coal grades, directly determining royalty revenues collected under the already-filed PP 19/2025 progressive royalty framework from the world's largest nickel producer (~62% of global supply).

President Trump signed Proclamation 10962 on 30 July 2025, imposing a 50% Section 232 tariff on imports of semi-finished copper products (pipes, wires, rods, sheets, tubes, foils) and copper-intensive derivative products (cables, connectors, electrical components, pipe fittings) effective 12:01 a.m. ET on 1 August 2025. The proclamation also authorises the Commerce Secretary to impose a 25% domestic-sales requirement and export controls on high-quality copper scrap, and lays out a phased schedule for refined-copper tariffs (15% from 1 Jan 2027, 30% from 1 Jan 2028) contingent on a Commerce review report due 30 June 2026. Copper input materials (ores, concentrates, cathodes, anodes) and copper scrap itself are exempt from the 50% tariff. The original 90-day "inclusions" process for expanding the derivative list was terminated by a follow-on April 2026 proclamation that consolidated authority with Commerce + USTR.

President Trump signed Executive Order 14241 on 20 March 2025 (Federal Register publication 25 March 2025) invoking Defense Production Act (DPA) Title III sections 301, 302, and 303 — and selected Title VII authorities — for domestic critical-mineral production, and delegated those authorities to the Chief Executive Officer of the U.S. International Development Finance Corporation (DFC). The order operationalises the "national energy emergency" declared by EO 14156 (Jan 2025) to waive certain DPA §303 congressional-notification thresholds, designates "mineral production" as an Industrial Base Analysis and Sustainment Program priority, expands the EO definition of "critical minerals" to include uranium, copper, potash, gold (and any further item designated by the Chair of the National Energy Dominance Council), and directs the Departments of the Interior, Energy, Treasury, and EXIM Bank to mobilise federal lands, permitting, and financing to expand US upstream and midstream capacity. EO 14241 is the cross-cutting domestic-mineral umbrella authority of the second Trump administration, paired with FY2025 supplemental appropriations (USD 2bn National Defense Stockpile, USD 5bn Industrial Base Fund) and complemented by the 24 April 2025 follow-on EO on offshore minerals and the 8 April 2025 coal amendment.

Indonesia's House of Representatives (DPR) passed the Fourth Amendment to Law No. 4 of 2009 on Mineral and Coal Mining on 18 February 2025, and the government enacted it as Undang-Undang Nomor 2 Tahun 2025 on 19 March 2025. The amendment statutorily entrenches the long-standing hilirisasi (downstream-utilisation priority) doctrine for IUP/IUPK holders at production stage, opens preferential mining-permit allocation pathways for SMEs, cooperatives, religious-organisation business entities, and BUMN/BUMD, and ties licence issuance to approved RKAB production quotas — operationalising the Bahlil/Prabowo supply-management strategy across nickel, bauxite, copper, cobalt, manganese, tin, and zinc.

Indonesia issued Government Regulation (Peraturan Pemerintah) No. 8 of 2025 on Foreign-Exchange Proceeds from Natural-Resource Exports (DHE SDA), amending PP No. 36/2023. President Prabowo Subianto announced the policy at Merdeka Palace on 17–18 February 2025 and the regulation takes effect on 1 March 2025. It mandates that exporters of non-oil- and-gas mining, plantation, forestry, and fisheries products with export-proceeds value of USD 250,000 or more per shipment retain 100 percent of those foreign-exchange proceeds inside Indonesia's financial system for 12 months — sharply up from the prior 30 percent for 3 months under PP 36/2023. Oil-and-gas exporters remain on the earlier 30 percent / 3-month regime. Permitted in-period uses include rupiah conversion at the holding bank, payment of state obligations in foreign currency, dividend distribution, payment for imported raw materials and capital goods unavailable domestically, and servicing of foreign-currency capital-expenditure loans. Non-compliance carries administrative sanctions including suspension of export services. The government has projected the measure could lift retained foreign- exchange proceeds by USD 80 billion in 2025 and over USD 100 billion on a full 12-month basis.