Industrial Policy & Trade Monitor· 2674 actions· ✨ 91 recent

The Office of the United States Trade Representative released the 2026 Special 301 Report on 30 April 2026, designating Vietnam as a Priority Foreign Country (PFC) — the most severe category under Section 182 of the Trade Act of 1974 (19 U.S.C. § 2242). This is the first PFC designation since Ukraine held the status from 2013 through 2015, a gap of approximately 11 years. The PFC designation triggers a statutory 30-day window (expiring ~30 May 2026) within which USTR must decide whether to initiate a Section 301 investigation under 19 U.S.C. § 2412(b)(2)(A), which could lead to tariffs, withdrawal of trade benefits, or other Section 301 enforcement remedies against Vietnam. Separately, the EU was added to the Watch List for the first time, citing AI training-data, geographical-indications, and customs-enforcement concerns.

FinCEN issued an interim final rule (FR Doc 2025-05199, 90 FR 13688, published March 26, 2025) revising the definition of "reporting company" under the Corporate Transparency Act to mean only entities formed under the law of a foreign country that have registered to do business in a U.S. State or tribal jurisdiction. All entities created in the United States — previously known as "domestic reporting companies" — and U.S. persons are exempted from BOI reporting. Foreign reporting companies registered before March 26, 2025 must file by April 25, 2025; those registered on or after that date have 30 days from registration. Foreign reporting companies are not required to report any U.S. persons as beneficial owners. The IFR is effective immediately; FinCEN is accepting comments and intends to finalize the rule.

FinCEN published a final rule (FR Doc 2024-23920, 89 FR 83782, effective on publication October 18, 2024) clarifying the public-utility exemption to the Corporate Transparency Act's beneficial ownership information (BOI) reporting rule. The amendment to 31 CFR 1010.380(c)(2)(xv) corrects a drafting cross-reference so the exemption explicitly covers any regulated public utility under 26 U.S.C. 7701(a)(33)(A) *or* (D) that provides telecommunications services, electrical power, natural gas, or water and sewer services within the United States. The change codifies FinCEN's June 10, 2024 telecommunications-provider guidance and is effective immediately upon publication; it neither expands nor restricts the underlying universe of reporting companies beyond aligning the rule text with the CTA statute.

FinCEN published the Beneficial Ownership Information Access and Safeguards Final Rule (FR Doc 2023-27973, 88 FR 88732, December 22, 2023; effective February 20, 2024), implementing the access and disclosure provisions of Section 6403(c) of the Corporate Transparency Act (CTA) enacted as part of the Anti-Money Laundering Act of 2020. The rule defines six categories of authorized recipients permitted to access the FinCEN BOI database — US federal agencies engaged in national security/intelligence/law enforcement, state/local/tribal law enforcement, foreign law enforcement and competent authorities (via intermediary federal agency), financial institutions using BOI for customer due diligence (CDD), federal functional regulators assessing financial-institution CDD compliance, and Treasury officers/employees. Access is to be phased in, beginning with a 2024 pilot for key federal agencies before extending to financial institutions and their supervisors. The rule establishes data-security standards, re-disclosure prohibitions, and oversight mechanisms governing each recipient category.

The Bureau of Industry and Security (BIS) amended the Chemical Weapons Convention Regulations (CWCR, 15 CFR Part 710) to lower the concentration threshold above which mixtures containing a Schedule 2A chemical trigger declaration and export/import reporting obligations — from 30% to 10% by weight or volume. The three affected Schedule 2A chemicals are Amiton (a nerve-agent precursor), PFIB (a fluoromonomer byproduct), and BZ (an incapacitating agent). The change implements OPCW Conference of States Parties Decision C-14/DEC.4 (2009) and takes immediate effect on publication; 10% is the statutory floor set by the Chemical Weapons Convention Implementation Act (CWCIA).

The Bureau of Industry and Security (BIS) amended the Chemical Weapons Convention Regulations (CWCR, 15 CFR Part 710) and Export Administration Regulations (EAR, 15 CFR Parts 712 and 745) to implement two OPCW Conference of States Parties decisions (C-24/DEC.4 and C-24/DEC.5) from November 2019. The rule adds four chemical families — two families of alkyl phosphonamidic fluorides, O-alkyl phosphoramidofluoridates, and quaternary/bisquaternary carbamates — to CWC Schedule 1(A), effective immediately upon publication. The rule also clarifies the definition of "production" in 15 CFR § 710.1 to include intermediates, by-products, and waste products generated within a defined manufacturing sequence.

Effective 17 August 2020 (published Federal Register 20 August 2020, Vol. 85 No. 162, FR Doc 2020-17908), BIS issued a final rule clarifying that Entity List license requirements under the Export Administration Regulations (EAR) apply to listed entities regardless of their role in a transaction — as purchaser, intermediate consignee, ultimate consignee, or end-user. Prior regulatory text had been read as applying license requirements only when a listed entity was the ultimate consignee or end-user; this rule amends 15 CFR §§ 744.11 and 744.16 and the introductory text of Supplement No. 4 to Part 744 to close that gap. The clarification is substantively a housekeeping rule (no new entities are listed or delisted), but it removes an exploitable interpretive loophole in Entity List enforcement and was published the same day as the major Huawei affiliate expansion (FR Doc 2020-18213).