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

On 19 May 2026, Treasurer Jim Chalmers announced a further overhaul of Australia's foreign investment framework under the Foreign Acquisitions and Takeovers Act 1975. The package introduces a performance target of processing all low-risk applications within 30 days from 1 January 2027, expands the exemption-certificate regime for repeat low-risk investors, and eliminates approval requirements for certain low-risk transaction types. Countervailing measures tighten the framework: enhanced compliance and enforcement powers are added for avoidance and non-compliance, and screening requirements are explicitly increased for sensitive sectors including critical minerals, critical infrastructure, critical technology, sensitive data, and defence-site-proximate assets.

On 17 May 2026, Treasurer Jim Chalmers signed the Foreign Acquisitions and Takeovers (Disposal of Interests in Northern Minerals Limited) Orders (No. 1) 2026 (F2026N00326), directing six China-linked foreign investors to divest a combined 1,678,895,780 shares in Northern Minerals Limited (ASX: NTU) within 14 days of the Orders commencing on 18 June 2026. The six named investors are: Real International Resources Limited (619.1m shares), Qogir Trading and Service Co. Limited (523.5m), Vastness Investment Group Limited (271.3m), Chuanyou Cong (130.1m), Hong Kong Ying Tak Limited (95.3m), and Zhongxiong Lin (39.7m), together representing approximately 17.6% of NTU's total shares. NTU owns the Browns Range Heavy Rare Earths Project in Western Australia, one of the few ex-China commercial-scale dysprosium and terbium deposits. These orders are the second tranche of Treasurer-forced divestment of Chinese shareholders in NTU, distinct from the AUD 14 million Federal Court penalty imposed on Indian Ocean International Shipping in January 2026 for non-compliance with the June 2024 disposal orders.

On 20 March 2026, METI/MOFA (Japan) and the US Departments of State and Energy jointly published the "Japan–United States Critical Minerals Project Cooperation Joint Fact Sheet," identifying five specific upstream critical-mineral projects spanning four continents (Australia, Tanzania, Brazil, UAE, Namibia) to receive structured joint financing through JOGMEC equity and offtake instruments and US DFC/Ex-Im Bank facilities. The document operationalises the October 2025 US-Japan Critical Minerals Framework and the same-day Action Plan, converting policy-framework language into named project commitments covering nickel, lithium, battery-anode graphite, and heavy rare earths. It was released the day following the Takaichi–Trump summit on 19 March 2026 and follows the Critical Minerals Investment Ministerial convened in Tokyo on 14 March 2026.

President Trump signed a Presidential Proclamation on 20 February 2026 invoking Section 122 of the Trade Act of 1974 (19 U.S.C. § 2132) to impose a temporary 10% ad-valorem import surcharge on articles imported into the United States, effective 12:01 a.m. EST on 24 February 2026. The proclamation was issued within hours of the US Supreme Court's 20 February 2026 ruling in Learning Resources, Inc. v. Trump, which held that the International Emergency Economic Powers Act (IEEPA) does not authorize the president to set tariffs and vacated the IEEPA-based reciprocal-tariff regime previously in effect. The Section 122 surcharge is statutorily limited to 150 days (terminates 24 July 2026 absent Congressional extension) and the statute caps any such surcharge at 15% ad valorem. Goods qualifying as USMCA originating from Canada or Mexico are exempt; CAFTA-DR textile/apparel articles meeting specified rules of origin are exempt; and a substantial product-exception list excludes critical minerals, energy products, certain pharmaceuticals, electronics, vehicles, aerospace products, specified agricultural goods, and goods already subject to Section 232 duties (the Section 122 duty does not stack on Section 232).

On 11 December 2025 the US Department of State announced the inaugural Pax Silica Summit, held in Washington D.C. on 12 December 2025, at which the United States, Australia, Japan, the Republic of Korea, the United Kingdom, Singapore and Israel signed the non-binding Pax Silica Declaration. The declaration commits signatories to coordinate "trusted" supply chains across the full technology stack — software, frontier foundation models, network infrastructure, compute and semiconductors, advanced manufacturing, transportation logistics, minerals refining and processing, and energy — explicitly to reduce "coercive dependencies." The coalition has since expanded to add the United Arab Emirates, Greece, Qatar, Sweden and India (signed 20 February 2026 at the India AI Impact Summit), and on 26 March 2026 State announced a USD 250 million Pax Silica Fund intended to catalyse trusted-capital co-investment in critical-minerals processing and semiconductor supply chains.

India's Ministry of Defence signed a contract worth over Rs 62,370 crore (excluding taxes, ~USD 7.5 billion) with Hindustan Aeronautics Limited (HAL) on 25 September 2025 for 97 Light Combat Aircraft (LCA) Mk1A — 68 single-seat fighters and 29 twin-seat trainers — for the Indian Air Force. The acquisition falls under the "Buy (India-IDDM)" (Indigenously Designed, Developed and Manufactured) category of the Defence Acquisition Procedure 2020 and carries an indigenous-content requirement of over 64%, incorporating 67 additional indigenous items compared with the prior January 2021 LCA Mk1A contract. Deliveries begin 2027-28 and run over six years, supported by a vendor base of roughly 105 Indian component manufacturers.

On 18 September 2025, the Australian Government published the Net Zero Plan 2050 and six sectoral emissions-reduction plans covering Electricity & Energy, Industry, Transport, Built Environment, Agriculture & Land, and Resources. The Net Zero Plan establishes the overarching policy architecture to achieve Australia's 62–70% emissions-reduction target (below 2005 levels) by 2035 and net zero by 2050, structured around five "CLEAN" strategic priorities. The six sector plans provide detailed decarbonisation pathways, capex envelopes, and policy-instrument linkages that frame operation of the Future Made in Australia Act, the Critical Minerals Production Tax Incentive, the Capacity Investment Scheme, and the Safeguard Mechanism for the following decade. The plans were released simultaneously with Australia's updated 2035 Nationally Determined Contribution submitted to the UNFCCC.

The US Department of Commerce preliminarily determined that countervailable subsidies are being provided to producers and exporters of silicon metal from Laos, Australia, Norway, and Thailand, publishing four parallel preliminary affirmative CVD determinations on 2025-09-26 following an initiation on 2025-05-21 (petition by Ferroglobe USA, Inc. and Mississippi Silicon LLC). For Laos, Commerce set a preliminary countervailable-subsidy cash-deposit rate of 240.00% ad valorem for both the sole mandatory respondent, Lao Silicon Co., Ltd., and the all-others rate, based entirely on adverse facts available after finding the respondent did not cooperate. Companion CVD investigations against Australia, Norway, and Thailand were found affirmative the same day, each with its own preliminary subsidy-rate cash-deposit schedule. Commerce ordered CBP to suspend liquidation and require cash deposits at the indicated rates on covered entries from the Laos determination onward. Final CVD determinations are aligned with companion antidumping investigations on the same product.

Prime Minister Anthony Albanese announced the Critical Minerals Strategic Reserve (CMSR) on 24 April 2025 as a A$1.2bn election commitment in the 2025-26 Budget. The Department of Industry, Science and Resources released the design package on 12 January 2026, prioritising antimony, gallium, and rare earth elements as the initial focus minerals (A$1bn for offtake transactions drawn from an expanded A$5bn Critical Minerals Facility, plus A$185m for physical stockpiling and implementation). The Export Finance and Insurance Corporation Amendment (Strategic Reserve) Act 2026 passed Parliament on 31 March 2026 with effect 1 April 2026, giving Export Finance Australia (EFA) statutory power to enter offtake agreements, contracts for difference, forward contracts, and physical stockpiles for fuel and critical minerals. CMSR becomes operational in second half 2026.

President Trump signed Executive Order 14257 on 2 April 2025 declaring a national emergency over US trade deficits and imposing a baseline 10% ad-valorem tariff on imports from nearly all trading partners effective 5 April, with higher country-specific "reciprocal" rates effective 9 April. The rate schedule was constructed from a formula tied to bilateral goods-trade deficits and ranged from 10% (UK, Singapore, Brazil, Australia, others) through 20% (EU), 24% (Japan), 25% (Korea), 32% (Taiwan, Indonesia, Switzerland), 34% (China, later raised to 84% then 125% during the April escalation), 46% (Vietnam), 49% (Cambodia). Multiple subsequent EOs paused the country-specific rates for 90 days for non-China destinations on 9 April while keeping the 10% baseline, pending bilateral negotiations.

President Trump signed two Presidential Proclamations on 11 February 2025 reinstating a universal 25% ad-valorem tariff on all steel-mill products and raising the aluminum tariff from 10% to 25% on all imports into the United States, effective 12 March 2025. The proclamations revoked every bilateral exclusion and quota arrangement negotiated by the Biden administration with the EU, UK, Japan, Korea, Australia, and others under the 2021-2022 "alternative measures" frameworks, returning all trading partners to the baseline Section 232 rate without product-level or country-level carve-outs.

Australia enacted the Taxation (Multinational—Global and Domestic Minimum Tax) Act 2024 (No. 132, 2024) and its companion Imposition Act (No. 133, 2024), receiving royal assent on 10 December 2024, together implementing all three OECD/G20 GloBE charges in a single legislative cycle: an Income Inclusion Rule (IIR), an Undertaxed Profits Rule (UTPR), and a Qualified Domestic Minimum Top-up Tax (QDMTT). The IIR and QDMTT apply to fiscal years beginning on or after 1 January 2024 (retroactive at enactment); the UTPR applies to fiscal years beginning on or after 1 January 2025. All three charges apply to Australian members of MNE groups with consolidated annual revenue ≥ EUR 750 million, administered by the Australian Taxation Office.

On 2 June 2024, Treasurer Jim Chalmers signed the Foreign Acquisitions and Takeovers (Disposal of Interests in Northern Minerals Limited) Orders 2024 (F2024N00475), directing five China-linked foreign investors to divest a combined 613,573,632 shares in Northern Minerals Limited (ASX: NTU) to non-associates by 2 September 2024 on national-security grounds. The five named investors are Yuxiao Fund Pte Ltd, Black Stone Resources Limited, Indian Ocean International Shipping and Service Company Limited, Ms Ximei Liu, and Mr Xi Wang, together holding approximately 10.4% of NTU's total shares. NTU owns the Browns Range Heavy Rare Earths Project in the East Kimberley region of Western Australia — one of the few commercial-scale dysprosium and terbium deposits outside China. This is the foundational FATA s.69(2) disposal-order instrument; non-compliance led to an AUD 14 million Federal Court penalty in January 2026 and a second tranche of disposal orders against six further China-linked investors in May 2026.

Act No. 9 of 2025, given Royal Assent on 14 February 2025, enacts the two production tax credits announced in the May 2024 Future Made in Australia package. Schedule 1 creates the Hydrogen Production Tax Incentive (HPTI): A$2/kg refundable tax offset for eligible renewable hydrogen produced with emissions intensity below 0.6 kgCO2e/kg H2. Schedule 2 creates the Critical Minerals Production Tax Incentive (CMPTI): a refundable 10% tax offset on eligible processing and refining expenditure for the 31 minerals on Australia's Critical Minerals List. Both offsets apply to production occurring between 1 July 2027 and 30 June 2040, capped at 10 years per project, administered by the ATO via new Divisions 419 (CMPTI) and 421 (HPTI) of the Income Tax Assessment Act 1997.

The Defence Trade Controls Amendment Act 2024 (C2024A00021) received Royal Assent on 8 April 2024 and created three new criminal offences in the Defence Trade Controls Act 2012: section 10A (supply of Defence and Strategic Goods List technology in Australia to a non-exempt foreign person); section 10B (secondary supply of DSGL Part 1 Munitions or Part 2 Dual-Use Sensitive/Very Sensitive goods or technology outside Australia when originally exported from Australia); and section 10C (provision of DSGL Part 1 services to foreign nationals outside Australia). All three offences carry maximum penalties of 10 years imprisonment or 2,500 penalty units (~A$782,500), or both. The offence framework commenced 1 September 2024 with a six-month compliance-transition period; criminal liability attached from 1 March 2025. The Act also codifies AUKUS-partnership exemptions, carving out supplies to and from citizens and permanent residents of the United Kingdom and United States, underpinning the licence-free trilateral technology-transfer environment sought under AUKUS Pillar 2.

Australia designated aluminium ores (including bauxite), alumina and aluminium hydroxide as "export sanctioned goods" for Russia under the Autonomous Sanctions (Export Sanctioned Goods -- Russia) Designation 2022, banning their export from Australia to Russia effective 20 March 2022. Prime Minister Scott Morrison announced the measure a day earlier as part of Australia's response to the invasion of Ukraine, framing it as an attack on Russia's aluminium industry, which sourced roughly 20% of its alumina from Australian supply. Rusal, Russia's dominant aluminium producer, was identified as the primary target.

Russia Federal Law No. 127-FZ of 4 June 2018 "On measures (countermeasures) regarding the unfriendly actions of the United States of America and other foreign states" establishes the statutory authority under which the President and Government of the Russian Federation may impose counter-measures against states that engage in "unfriendly actions" toward Russia. The law enumerates permissible countermeasure categories — including import/export prohibitions, restrictions on foreign participation in Russian state procurement, suspension of international cooperation obligations, and prohibition of foreign-company services and transactions — and delegates implementation authority to the President (primary) and Government. It entered into force on the day of official publication (4 June 2018) and is the foundational parent statute for every major Russian counter-sanctions presidential decree and government resolution subsequently issued, including the gas-for-roubles payment regime, capital controls, parallel- imports authorisation, and asset-confiscation counter-mechanism.

The Autonomous Sanctions Act 2011 (Cth Act No. 38 of 2011; assented 12 April 2011, commenced 6 December 2011 with the Autonomous Sanctions Regulations 2011) is Australia's foundational parent statute enabling the entire autonomous sanctions regime — economic and travel measures imposed unilaterally by Australia independently of UN Security Council mandatory obligations. The Minister for Foreign Affairs may, by legislative instrument, impose targeted financial sanctions, travel bans, and vessel-dealing prohibitions on designated persons, entities, and vessels. As of 2026 the Act underpins Australia's autonomous sanctions programs against Russia, Iran, DPRK, Myanmar, Belarus, Syria, Venezuela, Zimbabwe, Libya, Ukraine (occupied territories), and other regimes, and was materially extended in December 2021 to authorise Magnitsky-style thematic human-rights and corruption sanctions. Structurally peer-foundational to the UK Sanctions and Anti-Money Laundering Act 2018 (SAMLA), Canada's Special Economic Measures Act 1992 (SEMA), Japan's FEFTA sanctions provisions, and the EU's Anti-Coercion Instrument — the ASA 2011 completes the G7+AU sanctions-parent-statute set in the IPTM register.