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

President Trump signed Executive Order 14404, "Imposing Sanctions on Those Responsible for Repression in Cuba and for Threats to United States National Security and Foreign Policy," on 1 May 2026. The order operationalises the country-specific national emergency declared by EO 14380 (29 January 2026) — which had been preserved after the SCOTUS *Learning Resources* vacatur of the IEEPA tariff authority — by establishing a sectoral OFAC blocking regime. Section 2 authorises asset-blocking against any foreign person determined by the Secretary of Treasury (in consultation with State) to operate in Cuba's energy, defense and related materiel, metals and mining, financial services, or security sectors, or "any other sector" subsequently designated. Section 3 suspends entry under INA § 212(f) for covered aliens. Section 4 authorises secondary sanctions against foreign financial institutions that knowingly conduct or facilitate significant transactions for blocked persons, with both correspondent-account and SDN-listing remedies. The EO itself includes no annex of named designations — those are issued by OFAC under separate determinations.

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.

The FCC adopted a Report and Order (FCC 25-49) on 7 August 2025 — the first comprehensive overhaul of submarine cable landing license rules since 2001 — effective 26 November 2025. The order prohibits Indefeasible Right of Use (IRU) agreements that would give entities from designated foreign adversary countries (China including Hong Kong and Macau, Cuba, Iran, DPRK, Russia, and Venezuela) control over Submarine Line Terminal Equipment (SLTE) on US cable landings, and mandates new annual reporting plus certification/disclosure requirements covering ownership, cybersecurity and physical security plans, and FCC Covered List compliance. The order operationalises the FCC's bifurcated policy package: accelerating legitimate commercial cable buildout while hardening national-security review for foreign-adversary-connected infrastructure.

On 16 January 2025 the US Bureau of Industry and Security published an interim final rule (90 FR 4598; FR Doc 2025-00723) creating new ECCN 3A069 for high-parameter flow cytometers and liquid chromatography mass spectrometers specially designed for top-down proteomics, plus new ECCN 3E069 for related development and production technology. Items previously controlled under the catch-all ECCN 3A999 are migrated into the dedicated 3A069 classification, which carries National Security (NS), Regional Stability (RS), and Anti-Terrorism (AT) controls. Licensing policy is presumption of denial for destinations in Country Group D:1 and D:5, Macau, and Country Group E (i.e. China, Russia, Iran, North Korea, Cuba, Syria, Venezuela). The rule also adds new EEI/AES filing requirements (§ 758.1(b)(11)) for all 3A069 exports to Country Group D destinations. Public comments were accepted until 17 March 2025.

On 23 December 2024 the US Bureau of Industry and Security published a final rule (89 FR 104408; FR Doc 2024-30425; RIN 0694-AJ83) amending the Export Administration Regulations to implement decisions adopted at the Australia Group's 2023 and 2024 plenary meetings. The rule adds new ECCN 2B352.k controlling instruments for the automated chemical synthesis of peptides that are partly or entirely automated and capable of generating peptides at a system-synthesis scale of 1 mmol or greater, finalising the April 2023 BIS proposed rule. It also adds dipropylamine to ECCN 1C350.d.11, neosaxitoxin to ECCN 1C351.d.12, revises the 1C351.d.3 entry from "botulinum toxins" to "botulinum neurotoxins" to capture all serotypes, adds a "minimum detection limit" definition for toxic-gas monitors in 2B351.a, and explicitly captures single-use centrifugal separators in 2B352.c. License requirements (CB, AT, CW where applicable) apply for export to non-Australia-Group destinations; the rule is effective on publication.

OFAC final rule (FR Doc 2024-11618, 89 FR 46518) amending the Cuban Assets Control Regulations at 31 CFR Part 515 to further implement the May 2022 Biden administration policy of expanded support for the Cuban people. The rule reinstates the "U-turn" general license (authorizing US banks to process funds transfers that originate and terminate outside the US, neither originator nor beneficiary a US person); replaces "self-employed individual" with the broader "independent private sector entrepreneur" (covering Cuban private businesses up to 100 employees, including private cooperatives); authorizes Cuban nationals in the private sector and located in Cuba to open and operate accounts at US financial institutions (including via online/mobile banking); and expands authorizations for internet-based services to support Cuban civil society and private-sector entrepreneurs. Effective 29 May 2024.

BIS finalized changes to the Export Administration Regulations (EAR) governing controls on cybersecurity items — primarily intrusion software, command-and-control platforms, and surveillance tools capable of disrupting or monitoring information systems without authorization. The final rule, effective May 26 2022, revises License Exception ACE (Authorized Cybersecurity Exports) originally established by an October 2021 interim rule and narrows end-user carve-outs for government end users in Country Group D:5 and A:6 destinations. Exports of affected ECCNs (4A005, 4D001, 4D004, 4E001, 5A001.j, 5B001, 5D001, 5E001) to Country Groups E:1 and E:2 remain prohibited; D:1 through D:5 government-end-user transactions require a license.

OFAC final rule (FR Doc 2022-12445, 87 FR 35068) amending the Cuban Assets Control Regulations at 31 CFR Part 515 to implement elements of the Biden administration's May 16, 2022 Cuba policy announcement supporting the Cuban people. The rule reinstates the group people-to-people educational travel general license (suspended under the Trump administration) for organizations sponsoring exchanges that promote meaningful contact with Cubans and support civil society; removes the $1,000 quarterly limit on family remittances to close relatives in Cuba; authorizes donative remittances to Cuban nationals not affiliated with the government or Communist Party; and expands authorizations for professional meetings and conferences in Cuba. Effective June 9, 2022.

BIS published an interim final rule on October 21, 2021 establishing new Export Control Classification Numbers (ECCNs 4A005, 4D004, 4E001.c, and 5A001.j) for intrusion software systems, command-and-control platforms, and IP network surveillance tools, implementing the Wassenaar Arrangement 2017 cybersecurity decisions into the Export Administration Regulations (EAR). The rule simultaneously created License Exception ACE (Authorized Cybersecurity Exports), codified at § 740.22, to authorize exports to most destinations while imposing licence requirements — or outright prohibitions — for sales to Country Groups E:1/E:2 governments and certain D-group government end-users. Carve-outs for vulnerability disclosure and cyber-incident-response activities were included to protect legitimate security research. The effective date was subsequently delayed from January 19, 2022 to March 7, 2022 by a separate interim rule (FR 2022-00448), and the rule was finalized with revisions on May 26, 2022 (FR 2022-11282).

The Bureau of Industry and Security (BIS) issued an interim final rule on January 15, 2021 substantially expanding the Export Administration Regulations (EAR) Part 744 end-use and end-user control framework to cover military-intelligence entities in China, Cuba, Iran, North Korea, Russia, Syria, and Venezuela. The rule created a new license requirement for exports of ANY EAR-subject item to named military-intelligence end-users — including EAR99-classified items — and separately imposed restrictions on U.S. persons worldwide providing "support" to military-intelligence end-uses or end-users without a BIS licence. It also broadened chemical and biological weapons controls from "will directly assist" to "will support," expanding the reach of §744.4 and §744.3 on WMD-delivery systems. A technical correction published March 17, 2021 (FR Doc 2021-05623) fixed a drafting error in Instruction 9 that would have inadvertently deleted §744.3(a)(3)(i)-(ii), the rocket systems and UAV provisions.

The US Treasury's Office of Foreign Assets Control (OFAC) amended the Cuban Assets Control Regulations (CACR) to exclude entities and sub-entities identified on the Cuba Restricted List from three remittance general licences: §515.570 (outbound remittances), §515.572(a)(3) (remittance forwarding services), and §515.587 (other authorised remittances). The rule additionally amended the ordinarily-incident provision §515.421 to confirm that transactions routed through Cuba Restricted List entities are not covered even where the underlying licence does not expressly exclude them. The effective date was 30 days after Federal Register publication, on 26 November 2020.

The US Treasury's Office of Foreign Assets Control (OFAC) amended the Cuban Assets Control Regulations (31 CFR Part 515) effective 24 September 2020 to further deny the Cuban regime revenue. The rule added a new prohibition on lodging at any property on the State Department's Cuba Prohibited Accommodations List (PAL) and removed the general licence permitting travellers to import Cuban-origin alcohol and tobacco products as accompanied baggage. It also narrowed the professional meetings and conferences general licence (515.564) and the public performances, clinics, workshops, competitions, and exhibitions general licence (515.575) to exclude Cuba-related activities, closing gaps exploited under earlier travel-authorisation categories.