Industrial Policy & Trade Monitor· 2663 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.

China's Ministry of Commerce on 9 October 2025 issued Announcements No. 61 and No. 62, jointly constituting the largest single architectural escalation of PRC export controls to date. No. 61 expands the controlled rare-earth list from 7 to 12 of 17 elements (adding holmium, erbium, thulium, europium, ytterbium) and — for the first time — imposes extraterritorial application via a 0.1% de-minimis rule, a foreign-direct-product (FDP) rule, and a 50%-affiliate rule, directly mirroring US BIS architecture. No. 62 places rare-earth extraction, smelting, separation, magnet manufacturing, and recycling technologies (including IP licensing, investment, and provision to foreign persons) under export licensing. PRC-direct exports were controlled from publication; the de-minimis and FDP offshore-items provisions were due to take effect 1 December 2025. On 7 November 2025 MOFCOM Announcement No. 70 suspended both measures until 10 November 2026 as part of the post-APEC Trump-Xi tariff detente — see amendments block.

Poland's Sejm adopted on 25 July 2025 — and the President signed on 5 August 2025 (Dz.U. 2025 poz. 1080, in force 7 September 2025) — a Special Act on Strategic Investments in the Field of National Defence and Public Security that creates an accelerated authorisation track for defence and public- security infrastructure projects: a single combined administrative decision issued within 90 days of application, simplified notification regime inside closed military zones, replacement of full environmental and water-law assessments with targeted mitigation, and an exemption from the Public Procurement Law for Ministry-of-National-Defence-cleared unmanned aerial vehicles, unmanned weapon platforms and counter-drone systems. The statute is the procedural backbone for Poland's PLN 187bn 2025 defence budget (≈4.7% of GDP, the highest share in NATO) and dovetails with Poland's €43.7bn EU SAFE defence-loan allocation signed in May 2026.

China's Ministry of Commerce and General Administration of Customs announced on 4 April 2025 export licensing requirements on seven medium and heavy rare-earth elements: samarium, gadolinium, terbium, dysprosium, lutetium, scandium and yttrium. Exporters must apply for individual licences citing the end-user and end-use, with licences granted at MOFCOM's discretion. The announcement came two days after the 2 April Trump reciprocal-tariff package and was widely interpreted as a proportional response. Unlike the December 2024 Ga/Ge/Sb ban this is not US-specific on its face — but in practice licence approvals through April-June 2025 were heavily skewed away from US-bound shipments.

China's Unreliable Entity List Working Mechanism, led by MOFCOM, issued Announcement [2025] No. 1 on 2 January 2025 designating 10 US defense entities — five Lockheed Martin subsidiaries (Missiles and Fire Control, Aeronautics, Missile System Integration Lab, Advanced Technology Laboratories, Ventures), the Javelin Joint Venture (Raytheon/Lockheed Martin), Raytheon Missile Systems, and three General Dynamics units (Ordnance and Tactical Systems, Information Technology, Mission Systems) — as Unreliable Entities under the 19 September 2020 Provisions on the Unreliable Entity List, citing their participation in US arms sales to Taiwan. The measures prohibit the 10 firms from engaging in import/export activity related to China and from making new investments in China, and bar approval/renewal of work permits and stay/residence qualifications for their senior executives. This is the first multi-entity UEL designation under the 2020 Provisions and was issued the same day as the parallel MOFCOM Announcement [2025] No. 1 of the export-control bureau adding 28 US entities to China's Export Control List — together establishing a coordinated two-track countermeasure template against US defense and dual-use industry.