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

Brazil enacted Lei 15.506 of 16 September 2026 (in force on publication, Art. 51), establishing the Política Nacional de Minerais Críticos e Estratégicos (PNMCE) — Brazil's first standalone critical-minerals sovereignty framework — and the Conselho Nacional para Industrialização de Minerais Críticos e Estratégicos (CIMCE). The law originated as Bill PL 2780/2024, approved by the Chamber of Deputies on May 6-7, 2026 (one day before the Lula-Trump White House meeting) and then by the Senate. It authorises the Union to create the Fundo Garantidor da Atividade Mineral (FGAM) with up to R$2bn (Art. 9) to guarantee critical-mineral projects, and a tax credit of up to 20% of spend on critical-mineral processing, transformation and urban mining. The Chamber-approved text (CMCE committee with prior-approval rights over takeovers and foreign participation, FGAM up to R$5bn, 0.3% gross-revenue R&D levy) was amended before enactment; see the 2026-09-16 amendment.

Presidential decree signed by President Claudia Sheinbaum and published in the evening edition of the Diario Oficial de la Federación on 23 April 2026, in force 24 April 2026. The decree amends the Tariff of the Ley de los Impuestos Generales de Importación y de Exportación (LIGIE/TIGIE) and the Decreto que establece diversos Programas de Promoción Sectorial (PROSEC), imposing MFN import duties at 5%, 10%, 15%, 25%, 30% or 35% ad valorem on 185 tariff fractions covering chemical products, cosmetics, paper and cardboard, textiles, steel, graphic arts, aluminum manufactures, auto parts, electrical material, bicycles, musical instruments, furniture, wind turbines, and trailers. Goods originating in countries with which Mexico has a free-trade agreement remain eligible for preferential treatment, so practical incidence falls on China and other non-FTA suppliers (Korea, India, Vietnam, Thailand, Brazil, Indonesia, Taiwan, UAE, South Africa). Paired PROSEC modifications add tariff fractions to Article 5 sections I, II.b and XIX (electrical, electronic, automotive and auto-parts industries) at exempt (EX) rates.

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.

On 1 May 2026 the trade pillar of the EU-Mercosur Partnership Agreement (the "Interim Trade Agreement", iTA) entered provisional application between the European Union and the four Mercosur states — Argentina, Brazil, Paraguay and Uruguay — following its publication in the EU Official Journal on 27 February 2026 alongside the broader EU-Mercosur Partnership Agreement (EMPA). The iTA covers goods (eliminating duties on more than 90% of bilateral trade over a transition period including immediate cuts on cars, pharmaceuticals, wine and olive oil), services, government procurement at federal and state level, intellectual property (344 EU geographical indications protected), SPS/TBT disciplines, and a sustainability chapter. Mercosur receives tariff-rate quotas on agri-food exports (beef, poultry, sugar, ethanol, honey). Provisional application proceeds pending full ratification of EMPA by the Council, European Parliament and all EU national parliaments and a pending CJEU opinion; only the trade pillar applies provisionally.

President Trump signed Executive Order "Ending Certain Tariff Actions" on 20 February 2026 (Federal Register doc 2026-03832, published 25 February 2026), terminating the additional ad-valorem duties imposed under nine prior IEEPA-based executive orders. The order followed within hours of the US Supreme Court's 6-3 decision the same day in Learning Resources, Inc. v. Trump, 607 U.S. ___ (2026), holding that the International Emergency Economic Powers Act does not authorize the President to impose tariffs and vacating the Trump 2.0 IEEPA tariff regime. The EO directs CBP to cease collection "as soon as practicable"; CSMS guidance set the collection-end date at 12:00 a.m. eastern on 24 February 2026. The order explicitly preserves all underlying national-emergency declarations and all non-IEEPA trade actions — Section 232 of the Trade Expansion Act, Section 301 of the Trade Act, Section 122 of the Trade Act, and Section 201 — so the Section 232 cascade and the paired Section 122 10% temporary surcharge (effective 24 Feb 2026) remain in force. This is the first SCOTUS-driven repeal of a presidential tariff regime in the modern era and recalibrates the entire post-2024 US tariff architecture by removing IEEPA as a legal pillar.

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).

Decree reforming various tariff fractions of the General Import and Export Duties Tariff (TIGIE), published in the Diario Oficial de la Federación on 29 December 2025 and in force 1 January 2026. The reform, approved by Congress as a statutory amendment to the LIGIE (Chamber of Deputies and Senate, Dec 2025) and signed by President Claudia Sheinbaum, raises MFN import duties to between 5% and 50% ad valorem on 1,463 tariff lines covering more than 20 chapters of the TIGIE, spanning automotive, auto parts, textiles, apparel, footwear, steel, aluminum, plastics, paper, leather, furniture, glass, toys, appliances and cosmetics. The increases apply only to goods originating in countries without a free trade agreement with Mexico — principally China, South Korea, India, Vietnam, Thailand, Brazil, Indonesia, Chinese Taipei, the UAE, and South Africa. The decree formalises at statutory level the September 2024 Sheinbaum executive order placing a 50% duty on finished passenger vehicles from non-FTA states and is framed by the Secretaría de Economía and SHCP as the operational tariff instrument of Plan México (2025-01-21).

On 18 September 2025 Brazil's federal government published Medida Provisória (Provisional Measure) 1318/2025, creating REDATA — the Special Taxation Regime for Datacenter Services — alongside a parallel IT-export regime (REPES). REDATA zeroes federal taxes on servers, storage, networking, cooling and other datacenter capital equipment for qualifying operators from 1 January 2026, conditioned on 100% renewable/zero-carbon energy sourcing, a 2% of investment R&D-in-Brazil commitment, and preferential use of Brazilian- manufactured components. The Finance Ministry projects R$5.2 billion in forgone-tax incentives in 2026 alone, with potential to unlock up to R$2 trillion in private datacenter investment over ten years. REDATA is framed as implementing the National Datacenter Policy (PNDC) under the Nova Indústria Brasil industrial-policy umbrella.

On 22 August 2025 Brazil's national development bank BNDES detailed the credit and guarantee component of the "Plano Brasil Soberano," the federal government's response to the US 40% IEEPA tariff on Brazilian goods (Executive Order 14323). BNDES opened roughly BRL 40 billion (~USD 7.3bn) in subsidised working-capital and investment credit lines — BRL 30bn drawn from the Export Guarantee Fund (FGE) and BRL 10bn from the bank's own resources — capped at BRL 150 million per company, plus a further ~BRL 12bn across a complementary emergency line and PEAC FGI Solidário credit-guarantee cover, taking the package to roughly BRL 72 billion (~USD 13.2bn). Eligibility is prioritised for exporters that lost 5% or more of gross revenue to the US tariffs, with more favourable terms for those above a 20% exposure threshold. Congress subsequently passed Medida Provisória 1.310/2025 (published 1-2 September 2025), opening a BRL 30 billion extraordinary budget credit to fund the package; BNDES began accepting applications under the credit lines on 18 September 2025.

President Trump signed Executive Order 14323, "Addressing Threats to the United States by the Government of Brazil," on 30 July 2025 (published in the Federal Register on 5 August 2025 as FR doc 2025-14896). Invoking IEEPA and the National Emergencies Act, the order declared a country- specific national emergency citing "policies, practices, and actions" of the Lula government — including the criminal prosecution of former president Jair Bolsonaro, asserted infringement of the free-expression rights of US persons via DSA-style platform-content rules, and retaliatory measures targeting US digital firms — as constituting an "unusual and extraordinary threat" to US national security, foreign policy, and economy. The EO imposed a 40% additional ad valorem duty on Brazilian-origin goods effective for entries on or after 12:01 a.m. EDT on 6 August 2025; stacked on top of the 10% baseline reciprocal rate from EO 14257/14326, the cumulative rate reached 50% for non- exempt goods. Annex I exempted civil aircraft and parts, orange juice, certain machinery, certain metals, and energy/energy products. The EO was amended on 20 November 2025 (effective for entries on or after 13 November 2025) to exempt 238+ HTSUS codes for agricultural products (beef, tropical produce, nuts, coffee, cocoa, cassava derivatives, etc.) following initial Trump-Lula bilateral negotiations on 6 October 2025. The IEEPA-tariff component was terminated by EO of 20 February 2026 ("Ending Certain Tariff Actions") within hours of the SCOTUS 6-3 ruling in *Learning Resources, Inc. v. Trump* holding that IEEPA does not authorize the imposition of tariffs.

On 11 April 2025, President Luiz Inácio Lula da Silva sanctioned without vetoes Lei nº 15.122/2025 ("Lei da Reciprocidade Econômica"), published in the Diário Oficial da União on 14 April 2025 and effective the next business day. The statute — Brazil's first standalone economic-retaliation framework — empowers the Executive to suspend (i) trade concessions on imports of goods and services, (ii) intellectual-property rights and obligations under Lei 12.270/2010, and (iii) concessions or commitments assumed under trade agreements, as countermeasures against unilateral measures by individual countries or economic blocs that negatively impact Brazilian international competitiveness, including environmental requirements stricter than Brazil's own. Decreto nº 12.551 of 14 July 2025 (DOU 15 July 2025) regulates the law, creating the Comitê Interministerial de Negociação e Contramedidas Econômicas e Comerciais (CINCEC), chaired by MDIC with seats for Casa Civil, Fazenda and Itamaraty (Relações Exteriores), and establishes both a fast-track provisional countermeasure procedure (CINCEC-only) and an ordinary track (≥5 months) routed through SE-CAMEX, GECEX, the CAMEX Strategic Council and a 30-day public consultation.

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.

On 25 March 2025 the European Commission adopted the first list of 47 Strategic Projects inside the EU under Article 7 of the Critical Raw Materials Act (Regulation (EU) 2024/1252), followed on 4 June 2025 by 13 Strategic Projects located in third countries — 60 designations in total. The 47 EU projects span 13 Member States and 14 strategic raw materials, with an expected EUR 22.5bn capital-investment envelope; the 13 third-country projects require a further EUR 5.5bn. Designation triggers fast-track permitting (max 27 months for extraction, 15 months for processing/recycling), preferential access to EU/EIB/EBRD finance, and Member State priority status, operationalising the CRMA's 2030 benchmarks (≥10% extraction, ≥40% processing, ≥25% recycling, ≤65% single-country dependence).

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.

On 2 August 2024, President Luiz Inácio Lula da Silva sanctioned Lei nº 14.948/2024 (with partial veto, Mensagem nº 741) at a ceremony in the Pecém Industrial-Port Complex in Ceará, following Senate and Chamber approval of PL 2308/2023; the law was published in the Diário Oficial da União on 5 August 2024. The statute establishes Brazil's first comprehensive legal framework for low-carbon hydrogen: it (i) creates the National Low-Carbon Hydrogen Policy (PNH2BC) under the National Energy Policy umbrella, (ii) sets a statutory definition of "low-carbon hydrogen" as fuel/industrial input with lifecycle GHG intensity ≤ 7 kg CO₂e/kg H₂, (iii) institutes the Brazilian Hydrogen Certification System (SBCH2) for origin and emissions accreditation, (iv) creates the Special Incentive Regime for Low-Carbon Hydrogen Production (Rehidro), suspending PIS/Pasep and Cofins for five years on capital-goods, raw-materials and services purchases by qualified producers, and (v) authorises the Programa de Desenvolvimento do Hidrogênio de Baixa Emissão de Carbono (PHBC) — a tax-credit envelope capped at BRL 18.3 bn between 2028 and 2032 (subsequently regulated by Lei nº 14.990/2024 sanctioned 30 September 2024). ANP gains regulatory authority over hydrogen transportation, storage and import/export licensing, while the law amends Leis nºs 9.427/1996 (ANEEL) and 9.478/1997 (Petroleum Law) to integrate hydrogen into the energy-policy and electricity-regulation framework. Industry reporting at sanction cited >USD 30 bn in announced project pipeline, concentrated in Northeast renewable-rich states (Ceará, Bahia, Pernambuco, Rio Grande do Norte) leveraging Pecém, Suape and Açu as hydrogen-derivative export terminals.

On 22 January 2024, Brazil's National Council for Industrial Development (CNDI), reactivated by President Lula in 2023, launched Nova Indústria Brasil (NIB) — Brazil's first comprehensive national industrial policy since the 2011-2014 Plano Brasil Maior. The framework commits roughly R$300 billion (~USD 60 billion) in financing through 2026, distributed across loans, non-refundable grants and equity participations administered by BNDES (Brazilian Development Bank), Finep (Research and Projects Financing Company) and Embrapii (Brazilian Industrial Research and Innovation Company), with quantitative targets running to 2033. The R$300bn envelope combines R$106bn announced at the first CNDI meeting in July 2023 with R$194bn redirected from existing budget lines. NIB is structured around six "missions": (1) sustainable and digital agro-industrial chains, (2) health-industrial complex resilience (medicines, vaccines, devices), (3) urban infrastructure and green mobility, (4) digital transformation and Industry 4.0 including semiconductors, (5) bioeconomy and energy transition, and (6) defence, sovereignty and national-security technologies. Two presidential decrees signed the same day establish local-content preferences for New PAC public-procurement bids and create an Interministerial Public Procurement Commission. As of February 2025, BNDES had approved R$220bn in NIB-aligned operations, and the plan has anchored downstream sectoral programmes including Brasil Semicon, the Mover automotive programme and Mais Inovação.

Regulation (EU) 2023/1115, adopted 31 May 2023 and in force 29 June 2023, requires all EU operators and traders placing seven in-scope commodities and their derived products on the EU market — or exporting them from the EU — to file due-diligence statements certifying that goods are deforestation-free (no land cleared after 31 December 2020) and produced in compliance with the relevant legislation of the country of origin. A Commission-administered risk-classification system assigns producer countries to low, standard, or high-risk tiers with differentiated due-diligence burdens. Application was subsequently postponed twice: to 30 December 2026 for large operators (Reg (EU) 2024/3234 and Reg (EU) 2025/2650).

Lei nº 9.019, signed 30 March 1995 by President Fernando Henrique Cardoso and published in the Diário Oficial da União 31 March 1995, is the foundational Brazilian statute transposing the WTO Antidumping Agreement (ADA) and Subsidies and Countervailing Measures Agreement (SCM Agreement) into domestic law following Brazil's signature of the Marrakesh Agreement on 15 April 1994. The law grants DECOM (within SECEX/MDIC) authority to conduct AD/CVD investigations and injury determinations, and CAMEX/GECEX authority to impose provisional and definitive duties. It has been amended by Lei 10.611/2002, Lei 12.270/2010, and Lei 14.609/2023 (anti-circumvention + electronic-investigation procedures), and is the statutory parent of Brazil's entire modern trade-remedy architecture including the filed GECEX implementing instruments on carbon steel, polyester fibres, and optical fibre.