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

The National Defense Authorization Act for Fiscal Year 2026 (P.L. 119-60), signed into law on 18 December 2025, expands the Department of Defense's existing "covered materials" domestic- sourcing restriction (which already barred DoD contracting for SmCo/NdFeB magnets, tantalum and tungsten sourced from China, Russia, Iran or North Korea) to add gallium, germanium and molybdenum under Section 844. Restrictions on materials "melted or produced" in a covered nation take effect 31 December 2026, widening on 1 January 2027 to also cover materials "mined, refined, or separated" in a covered nation; the gallium/germanium additions specifically phase in on 18 December 2027. The same NDAA bundles two related supply-chain provisions: Section 867 gives DoD broader authority (contracts, grants, other-transaction agreements, equity-style investments, and anti-market-manipulation subsidies) to invest in the domestic industrial base for critical minerals, microelectronics, machine tools and other defense-relevant capacity, and Section 842 bars DoD from procuring advanced batteries whose cells or key components are owned, sourced, refined or produced by a foreign entity of concern, phased in 2028-2031.

Israel's Minister of Defense signed an order on 18 November 2025 revoking the Order Governing the Control of Commodities and Services (Engagement in Encryption Items) of 1974, with effect on 21 March 2026 (four-month implementation period). The 51-year-old standalone Encryption Order regime — which licensed both civilian and defense-grade encryption items through a parallel Ministry of Defense track — is replaced by a unified architecture in which defense-grade dual-use items move to the Defense Export Controls Agency (DECA) at the Ministry of Defense, and civilian dual-use items (Wassenaar list) move to the Export Control Agency (ECA) at the Ministry of Economy and Industry. Many B2C consumer products with embedded encryption are decontrolled outright; B2B / commercial products remain controlled but under DECA or ECA rather than the legacy Encryption Order regime.

Japan's Ministry of Economy, Trade and Industry amended the Export Trade Control Order (輸出貿易管理令) on 14 November 2025 to extend the specific bulk-licence (特別包括許可 / tokubetsu hōkatsu kyoka) framework to accessories and parts of defence equipment exported for maintenance and repair purposes to countries holding a Defence Equipment and Technology Transfer Agreement (DETTA / 防衛装備品・技術移転協定) with Japan. Prior to the amendment, each transfer of such parts required an individual export-licence application specifying parts and quantities per transaction, which impeded the rapid parts-flow essential to operational maintenance cycles. The amendment entered into force on 14 February 2026 and currently covers eleven DETTA-partner countries: the United States, United Kingdom, Italy, Australia, France, Germany, India, Indonesia, Malaysia, the Philippines, and Vietnam.

China's Ministry of Commerce on 9 October 2025 issued Announcements No. 61 and No. 62, jointly constituting the largest single architectural escalation of PRC export controls to date. No. 61 expands the controlled rare-earth list from 7 to 12 of 17 elements (adding holmium, erbium, thulium, europium, ytterbium) and — for the first time — imposes extraterritorial application via a 0.1% de-minimis rule, a foreign-direct-product (FDP) rule, and a 50%-affiliate rule, directly mirroring US BIS architecture. No. 62 places rare-earth extraction, smelting, separation, magnet manufacturing, and recycling technologies (including IP licensing, investment, and provision to foreign persons) under export licensing. PRC-direct exports were controlled from publication; the de-minimis and FDP offshore-items provisions were due to take effect 1 December 2025. On 7 November 2025 MOFCOM Announcement No. 70 suspended both measures until 10 November 2026 as part of the post-APEC Trump-Xi tariff detente — see amendments block.

On 8 September 2025, the UK Ministry of Defence published the Defence Industrial Strategy 2025 — "Making Defence an Engine for Growth" (CP 1388) — the first comprehensive cabinet-level UK defence industrial strategy in over a decade and the sector plan for Defence under the UK Modern Industrial Strategy umbrella (IS-8). The strategy was published alongside the Strategic Defence Review 2025 and operationalises the largest sustained defence- spending increase since the Cold War (rising to 2.6% of GDP by 2027 with ambition to 3% in the next Parliament). It defines six priority outcomes (growth, backing UK businesses, defence innovation, resilient industrial base, procurement transformation, enduring partnerships); establishes UK Defence Innovation (UKDI) within the MOD with a ringfenced £400m budget to accelerate dual-use technology; identifies priority defence capabilities (combat air, complex weapons, directed-energy weapons, next- generation land and maritime systems) plus dual-use sub-sectors (quantum, drones/autonomy, space, AI, cyber, engineering biology, advanced connectivity); and flags resilience priorities in steel, construction, energetic materials, batteries, semiconductors and rare earths.

On 8 May 2025, President Trump and UK Prime Minister Starmer announced the General Terms of the US-UK Economic Prosperity Deal (EPD), the first bilateral framework arrangement of the second Trump administration and the template instrument for subsequent US bilateral framework deals (US-Japan, US-Indonesia, US-Argentina, US-Korea, US-EU). The framework was implemented on 23 June 2025 via Executive Order 14309 (Federal Register doc 2025-11473). Key US concessions: a 100,000-vehicle annual TRQ for UK autos at a 10% combined rate (7.5% + 2.5% MFN, vs. 27.5% Section 232 default); aerospace tariff reduction back to MFN rates; authority delegated to Commerce/USTR to establish UK-only TRQs for steel and aluminum (in lieu of the 50% Section 232 global rate). Key UK concessions: 13,000 mt duty-free beef quota (with 20% tariff removal on the existing 1,000 mt WTO quota); 1.4 billion litre duty-free ethanol quota; commitment to negotiate non-tariff barrier reductions and supply-chain security alignment. The 10% IEEPA "reciprocal" baseline tariff on most other UK goods is preserved by the EPD.

President Trump signed Executive Order 14269 on 9 April 2025 (FR publication 15 April 2025), launching the first whole-of-government US shipbuilding and maritime industrial-policy instrument since the 1996 Maritime Security Program. The order directs development of an America's Maritime Action Plan (MAP) under APNSA leadership within 210 days (released 13 February 2026) and tasks DoD, DoT, DHS, Commerce, USTR, and OMB with a sequenced set of reviews covering deregulation of the domestic commercial maritime fleet, expansion of the Maritime Industrial Base, mariner workforce development, Maritime Prosperity Zones, and Office of Strategic Capital loan deployment to commercial shipyards. The EO is the cross-government industrial-policy umbrella; the simultaneously-developed USTR Section 301 China Maritime/Logistics/Shipbuilding action (filed 17 April 2025) is the China-specific tariff-track instrument.

China's Ministry of Commerce and General Administration of Customs announced on 4 April 2025 export licensing requirements on seven medium and heavy rare-earth elements: samarium, gadolinium, terbium, dysprosium, lutetium, scandium and yttrium. Exporters must apply for individual licences citing the end-user and end-use, with licences granted at MOFCOM's discretion. The announcement came two days after the 2 April Trump reciprocal-tariff package and was widely interpreted as a proportional response. Unlike the December 2024 Ga/Ge/Sb ban this is not US-specific on its face — but in practice licence approvals through April-June 2025 were heavily skewed away from US-bound shipments.

Denmark's Forsvarsministeriet announced on 19 February 2025 a DKK 50 billion (~EUR 6.7 bn / USD 7.3 bn) Accelerationsfonden (Acceleration Fund) to be exhausted across 2025–2026, supplementing the existing 2024–2033 defence agreement (forsvarsforlig). A broad cross-party political agreement was formalised on 22 February 2025, confirming Danish defence spending will exceed 3% of GDP in both 2025 and 2026. The Fund operates as a fiscal procurement envelope granting enlarged direct-award authority to the Defence Procurement and Logistics Organisation (FMI), relying on the Article 346 TFEU essential-security-interest exemption to bypass standard EU competitive-tender rules for accelerated kit acquisition. Direct-award contracts already executed under the Fund include DKK 1.9 bn for 130 Patria 6×6 armoured personnel carriers and DKK 880m for ESSM Block 2 air-defence missiles.