Industrial Policy & Trade Monitor· 2667 actions· ✨ 89 recent

On 26 October 2025 in Kuala Lumpur, on the margins of the ASEAN Summit, President Donald J. Trump and Prime Minister Anwar Ibrahim signed two complementary instruments structuring the US-Malaysia economic relationship: (i) a non-binding Memorandum of Understanding Concerning Cooperation to Diversify Global Critical Minerals Supply Chains and Promote Investments, establishing quarterly working-level meetings on bilateral exploration, extraction, processing, refining, manufacturing, and recycling, plus shared commitments on streamlined permitting and protection from non-market policies; and (ii) a legally-binding Agreement on Reciprocal Trade (ART) covering goods (chemicals, machinery, electrical equipment, metals, vehicles, dairy, horticulture, poultry, pork, rice, fuel ethanol), digital trade, services, and investment. Under the ART, the United States maintains a 19% reciprocal tariff on Malaysian imports (with carve-outs for products receiving 0% under EO 14346) while Malaysia commits to refrain from banning or quota-restricting exports of critical minerals or rare earths to the US, ensure no restrictions on rare-earth magnet sales to US firms, and grant extended operating licenses to US partners. The ART enters into force 60 days after exchange of notifications of completed domestic procedures.

Malaysia's Ministry of Investment, Trade and Industry, acting through the Strategic Trade Controller, issued Directive No. 1/2025 on 14 July 2025 invoking Section 12 of the Strategic Trade Act 2010 to declare high-performance US-origin AI chips (GPUs, TPUs, neural processors, AI accelerators meeting the Annex I total-processing-performance and performance-density thresholds) as "unlisted controlled items". With effect from 14 July 2025, any export, transshipment, or transit of those chips through Malaysian territory requires a Strategic Trade Permit, a 30-day prior notification, an export-control classification from the manufacturer, and a re-export licence from the originating country. The directive is the formal Malaysian response to US scrutiny over alleged Nvidia AI-chip flows to China via Malaysian freight forwarders and data-centre operators, and it remains binding even after the US relaxes its own export rules.

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).