Industrial Policy & Trade Monitor· 2663 actions· ✨ 89 recent

The U.S. Department of Commerce, through the International Trade Administration's Enforcement and Compliance unit, published a technical correction to its 31 January 2024 final rule ("Procedures and Rules for Article 10.12 of the United States-Mexico-Canada Agreement", 89 FR 6011) that established the binational-panel and extraordinary-challenge-committee procedures replacing the legacy NAFTA Article 1904 framework. The correction removes erroneously duplicated regulatory text in 19 CFR § 356.8(b)(2) — language that had been inadvertently copied from § 356.8(b)(1) in the prior rulemaking — and is effective on publication. The fix is non-substantive and does not alter any rights, obligations, or procedural requirements for parties to USMCA Chapter 10 binational-panel reviews of US antidumping and countervailing duty determinations involving Canadian or Mexican merchandise.

In a final rule published at 89 FR 84766 (FR Doc 2024-23932), the US Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to remove BIS licence requirements on certain spacecraft and related items — including remote-sensing spacecraft and on-orbit servicing, assembly, and manufacturing (OSAM) items — for exports and reexports to Australia, Canada, and the United Kingdom. The rule is effective immediately on publication (23 October 2024) and is part of a three-rule package modernising the US space-related export-control regime (companion IFR 2024-23958 broadens controls relief for ~40 additional destinations; companion proposed rule 2024-23975 floats a new License Exception Commercial Space Activities). The AU/CA/UK carve-out builds on the trilateral National Technology and Industrial Base (NTIB) framework.

The US Bureau of Industry and Security (BIS) final rule (89 FR 68544; FR Doc 2024-19130) added 123 entities under 131 entries to the Entity List with destinations Russia (63), China (42), Iran (11), Turkey (8), and one each in Canada, Cyprus, Kazakhstan, Kyrgyzstan, Crimea Region of Ukraine, Ukraine, and the United Arab Emirates. The dominant rationale is Russia-diversion enforcement: Chinese, Turkish and other third-country firms (e.g., MAK Logistics, Megatek Ltd., Wellgo International, AllChips Limited, Chipgoo Electronics) named for supplying U.S.-origin electronics and dual-use items to Russian industry and military, plus designation of large numbers of Russian military manufacturers (e.g., JSC 75 Arsenal, FSE Aleksinsky Chemical Plant) as military end users. License requirement is "all items subject to the EAR" with policy/presumption of denial; case-by-case for EAR99 food and medicine to certain Russian military end users. Effective on publication 2024-08-27.

Governor in Council made the China Surtax Order (2024) (SOR/2024-187) on 20 September 2024 under subsection 53(2) of the Customs Tariff, imposing a 100% surtax on Chinese-origin electric and certain hybrid passenger automobiles, trucks, buses, and delivery vans (HS chapters 87.02–87.04) effective 1 October 2024. An amending order (SOR/2024-202, registered 11 October 2024) extended a 25% surtax to a defined list of Chinese-origin steel and aluminum products (HS chapters 72 and 76) effective 22 October 2024. Canada framed the measures as a response to Chinese state-led overcapacity, non-market subsidies, and weak labour/environment standards, and explicitly aligned them with the US Section 301 hike and the EU's parallel anti-subsidy duties on Chinese EVs.

President Lukashenko signed Decree No. 278 on 10 July 2024, extending the prohibitive import customs duty regime established under Decree No. 16 (12 January 2024) through 30 June 2025, preventing its lapse at year-end 2024. The decree also expands the commodity list subject to elevated import duty rates. The measure explicitly frames the duties as retaliatory, targeting goods originating from states designated as "unfriendly" to Belarus — principally EU member states, the US, UK, Canada, Japan, Australia, New Zealand, Switzerland, Norway, Iceland, and other sanctioning jurisdictions. Co-ordinated with Russia's EAEU parallel-import framework (Resolution No. 506), the regime affects the cost arithmetic for sanctioned-goods routing through EAEU customs-union channels and signals continued institutionalisation of Belarus's counter-sanctions architecture.

On 4 July 2024 the Minister of Innovation, Science and Industry (François-Philippe Champagne) issued a ministerial statement on Investment Canada Act net-benefit reviews of Canadian critical-minerals companies. Acquisitions of control of important Canadian mining companies engaged in significant critical-minerals operations, including large Canadian-headquartered firms, will be found of net benefit only "in the most exceptional of circumstances." The statement extends the October 2022 state-owned-enterprise policy to foreign capital generally for this class of target. It states no size threshold and no effective date beyond the announcement.

The Global Minimum Tax Act (GMTA), enacted as section 81 of the Budget Implementation Act, 2024, No. 1 (Bill C-69; S.C. 2024, c. 17) and receiving royal assent on 20 June 2024, is Canada's primary legislative implementation of the OECD/G20 Inclusive Framework Pillar Two GloBE (Global Anti-Base Erosion) rules. The Act imposes a 15% minimum effective tax rate on Canadian members of multinational enterprise groups with consolidated annual revenue ≥ EUR 750 million via an Income Inclusion Rule (IIR) and a Qualified Domestic Minimum Top-up Tax (QDMTT); both apply retroactively to fiscal years beginning on or after 31 December 2023, meaning the first compliance returns are due as early as 30 June 2026. The Undertaxed Profits Rule (UTPR) backstop was deliberately carved out for separate later enactment. Canada structured the GMTA as a stand-alone statute — distinct from its EU, UK, and Korean counterparts, which amend or transpose into existing tax legislation — and administered by the Canada Revenue Agency as the collecting authority.

Bill C-34, the National Security Review of Investments Modernization Act, received Royal Assent on 22 March 2024 — the first major overhaul of the Investment Canada Act (ICA) national-security review regime since 2009. Non-regulatory provisions came into force on 3 September 2024 by Order Fixing P.C. 2024-826 (SI/TR-32, Canada Gazette Part II). The Act creates a pre-implementation filing obligation for investments in prescribed "sensitive sectors" (final list set by regulation), gives the Minister of Innovation new authority to extend reviews and impose interim conditions or accept undertakings without a Governor-in-Council order, raises monetary penalties, and establishes information-sharing authorities with allied screening regimes. ISED's updated NSR Guidelines (5 March 2025) elevate "economic security" to a standalone factor and align the prescribed-sector list with the Sensitive Technology List (STL).

Bureau of Industry and Security final rule (89 FR 14403, Doc 2024-03674) adding two entities under seven entries to the Entity List, effective February 27, 2024. Sandvine Incorporated, a Canadian deep packet inspection vendor, is listed across six destinations (Canada, India, Japan, Malaysia, Sweden, UAE) because it supplies DPI technology to the Government of Egypt where it is used for mass web-monitoring and censorship. Chengdu Beizhan Electronics Co., Ltd. is listed under China for acquiring and attempting to acquire U.S.-origin items on behalf of the University of Electronic Science and Technology of China (UESTC), a PLA-affiliated institution already on the Entity List. All items subject to the EAR require a license with a presumption-of-denial review policy for both entities. The rule also revises entries for two existing Chinese entities and removes one UAE entry.

Canada made SOR/2024-32, Regulations Amending the Special Economic Measures (Russia) Regulations, registered and effective 2024-02-21 on the second anniversary of Russia's invasion of Ukraine. The regulations add 163 persons to Schedule 1 — 10 individuals and 153 entities, predominantly Russian organizations tied to military-industrial production, logistics, insurance and oil-sector support — triggering Canadian dealing/asset bans. A parallel amendment to Schedule 7 adds five new goods categories under the Harmonized System (explosives and pyrotechnics; data-processing units and components; ball and roller bearings; semiconductor manufacturing equipment; optical and navigational instruments), banning their export to Russia or Russian persons.

The Bureau of Industry and Security (BIS) removed three persons from the Unverified List (UVL) effective January 19, 2024 because BIS was able to verify their bona fides pursuant to § 744.15(c)(2) of the EAR. The three removed parties are Skymount Drones (Canada), Plexus (Xiamen) Co., Ltd. (China), and Delma Industrial Supply & Marine Services (UAE). Removal restores eligibility for EAR license exceptions and removes the requirement for a signed UVL Statement before US exporters ship items subject to the EAR to these parties.