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

The Bureau of Industry and Security (BIS) issued a final rule on 16 October 2024 revising paragraph (c) of 15 CFR § 740.24 (License Exception Implemented Export Controls, "IEC") to update the version date of the IEC Eligible Items and Destinations table incorporated by reference and to replace the long URL pointing to that table with the simpler address www.bis.gov/IEC. The underlying table update — posted to the BIS website on 17 September 2024 — adds Denmark and Finland as IEC-eligible destinations and modifies the entries for Japan. License Exception IEC is the mechanism by which BIS authorises shipments of the September 2024 plurilateral export-control items (advanced semiconductor, quantum, and additive-manufacturing technologies) to destinations whose governments have implemented substantially equivalent controls.

Norway's Ministry of Foreign Affairs amended the Eksportkontrollforskrift (Regulations on the export of defence- related products, dual-use items, technology and services) to add a new national control list — Annex III ("List III") — for emerging and disruptive technologies not yet covered by the EU dual-use list. Exports of items on Annex III require a licence from the Ministry of Foreign Affairs regardless of destination, including a catch-all licensing obligation. Controls cover semiconductor manufacturing equipment (including dry-etch apparatus), enriched silicon/germanium substrates, high- performance integrated circuits, quantum computers above specified controlled-qubit thresholds, quantum software and technology, software/technology for reverse-engineering integrated-circuit layouts, and additive-manufacturing equipment for metal/alloy components. The amendment, announced 3 October 2024 and effective 1 November 2024 (with a one-month transitional period), aligns Norway with parallel national measures adopted by the United States (BIS 6 Sep 2024 emerging- technology IFR), the Netherlands, the United Kingdom, Japan, Spain, Denmark and Finland.

The US Bureau of Industry and Security issued a final rule on 5 September 2024 (effective 6 September 2024, published in the Federal Register on the same day as 89 FR 73285) establishing multilateral export controls on four categories of emerging technologies: (1) quantum computing items including quantum computers, related cryogenic / control / measurement systems, and certain quantum software; (2) gate-all-around field-effect transistor (GAAFET) production technology — the next-node semiconductor architecture beyond FinFET; (3) advanced additive-manufacturing equipment for metals + alloys; (4) certain biotech-related items added in a parallel rule on 12 September 2024. The rule operates without country exceptions for some categories, with multilateral coordination via Wassenaar + Australia Group + Nuclear Suppliers Group frameworks.

The US Bureau of Industry and Security (BIS) final rule (89 FR 41706; FR Doc 2024-10485) added 37 entities under 37 entries to the Entity List, all listed under the destination of the People's Republic of China. BIS designated these parties for one or more of three rationales: (i) shipping US-controlled items to Russia in violation of EAR controls, (ii) attempting to acquire US-origin items to support China's military modernisation or quantum-technology capabilities, and (iii) ties to the PRC high-altitude balloon that overflew the United States in late January–early February 2023. The designations span PRC technology companies (predominantly quantum-computing firms), manufacturing companies, and research institutes. License requirement is "all items subject to the EAR" with a policy of presumption of denial and no license exceptions available. The rule is effective 2024-05-09, with publication in the Federal Register on 2024-05-14.

The US Bureau of Industry and Security (BIS) issued an interim final rule (IFR) amending the Export Administration Regulations (EAR) to remove list-based license requirements — including National Security Column 1 (NS1), Regional Stability Column 1 (RS1) and Missile Technology Column 1 (MT1) reasons-for-control — for exports, reexports and in-country transfers to or within Australia and the United Kingdom. The IFR also expands the availability of license exceptions and reduces the scope of end-use and end-user-based license requirements for the two AUKUS partners, while leaving firearms-related items (Crime Control / CC) and a narrow set of other ECCNs untouched. The rule is the EAR-side companion to a parallel DDTC proposed rule creating an ITAR §126.7 exemption for defense articles and services traded among authorised AU/UK/US users, and is the foundational regulatory implementation of the AUKUS Pillar 2 advanced-capability cooperation track.

The Defence Trade Controls Amendment Act 2024 (C2024A00021) received Royal Assent on 8 April 2024 and created three new criminal offences in the Defence Trade Controls Act 2012: section 10A (supply of Defence and Strategic Goods List technology in Australia to a non-exempt foreign person); section 10B (secondary supply of DSGL Part 1 Munitions or Part 2 Dual-Use Sensitive/Very Sensitive goods or technology outside Australia when originally exported from Australia); and section 10C (provision of DSGL Part 1 services to foreign nationals outside Australia). All three offences carry maximum penalties of 10 years imprisonment or 2,500 penalty units (~A$782,500), or both. The offence framework commenced 1 September 2024 with a six-month compliance-transition period; criminal liability attached from 1 March 2025. The Act also codifies AUKUS-partnership exemptions, carving out supplies to and from citizens and permanent residents of the United Kingdom and United States, underpinning the licence-free trilateral technology-transfer environment sought under AUKUS Pillar 2.

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).

Bulgaria's National Assembly adopted on 22 February 2024 amendments to the Investment Promotion Act establishing the country's first horizontal foreign direct investment screening mechanism, published in State Gazette No. 20 on 8 March 2024 and entering into force on 12 March 2024. The regime implements EU Regulation 2019/452 by creating an Interdepartmental Screening Council with a 45-day decision window over non-EU investments meeting a 10 % equity stake or €2 million threshold in critical-infrastructure, dual-use, advanced-technology, media, and financial-infrastructure sectors, with no threshold for investments by Russian or Belarusian persons or in oil and petroleum activities. Non-compliance and false declarations carry fines of 5 % of investment value, with a minimum BGN 50,000.

Ministerial order signed by the French Minister of Economy on 2 February 2024 and published in JORF n°0034 of 10 February 2024 establishing France's first national export-control list under Article 9 of EU Regulation 2021/821 on dual-use goods. The arrêté requires prior authorisation for exports to non-EU third countries of (i) quantum computers and their enabling technologies (qubit devices, control systems, measurement equipment) and (ii) equipment for the design, development, production, test and inspection of advanced electronic components, plus associated software and technology. The annex was substantively replaced by the Arrêté du 27 mars 2025 (explicit technical thresholds including ≥34-qubit systems with C-NOT error ≤10⁻⁴, HBM 6000+ processing performance, cryogenic cooling, dry-etch and EUV-mask tooling, and Si-28/Si-30/Ge isotopically-controlled materials) and is repealed by the Arrêté du 10 mars 2026 with entry into force 11 May 2026.

The Pleno of Panama's Supreme Court of Justice unanimously declared Law 406 of 20 October 2023 — which ratified the renewed mining-concession contract between the Panamanian State and Minera Panamá S.A. (a subsidiary of Canada's First Quantum Minerals) — unconstitutional in its entirety. The ruling, delivered 27 November 2023 and published in Gaceta Oficial No. 29922 on 2 December 2023, found violations of 25 constitutional articles and ordered the orderly closure of the Cobre Panamá open-pit copper mine, which had produced ~350,000 t/yr of copper (~1% of global mined supply) and accounted for ~5% of Panama's GDP. The decision triggered a de-facto Panama-wide moratorium on new large-scale metals concessions and pending ICSID arbitration claims by First Quantum and Korea Resources / KORES (COFINPRO).

Ireland's Screening of Third Country Transactions Act 2023 (Act No. 28 of 2023), signed into law on 31 October 2023 and commenced on 6 January 2025 via S.I. No. 651 of 2024, establishes Ireland's first-ever mandatory inbound FDI screening regime. The Act empowers the Minister for Enterprise, Tourism and Employment to assess, condition, or prohibit transactions by third-country investors (non-EU/EEA/Switzerland) exceeding a EUR 2 million cumulative threshold in targets operating across critical infrastructure, critical technologies, dual-use items, supply of critical inputs, sensitive personal data, and media freedom. A 90-day standstill period applies during Ministerial determination, with criminal sanctions and transaction-voiding powers available for non-compliance.

Decree-Law No. 104 of 10 August 2023 ("Decreto Asset" / Omnibus Decree, GU n.186 of 10 Aug 2023, in force 11 Aug 2023) was converted with amendments into Law No. 136 of 9 October 2023 (GU n.236 of 9 Oct 2023). The conversion law materially expanded Italy's "Golden Power" foreign-direct-investment screening regime (DL 21/2012). Two key extensions: (i) intra-group transactions involving entities outside the EU are no longer exempt from the exercise of special powers — only the prior notification carve-out was preserved; (ii) acts, resolutions and operations concerning intellectual-property rights in artificial intelligence, semiconductor production, cybersecurity, aerospace, energy storage, quantum and nuclear technologies, and food production technologies fall within scope when one or more counter-parties sit outside the EU. The Prime Minister also obtained an explicit veto power over transactions creating "exceptional situations" not already covered by sectoral or EU prudential / merger rules, including those touching qualifying holdings in the financial sector.

President Biden signed Executive Order 14105 on 9 August 2023, "Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern", establishing the first dedicated US outbound-investment screening regime. The EO directs Treasury to prohibit or require notification of US investments in Chinese (and Hong Kong, Macau) entities engaged in three categories of technology: (1) semiconductors and microelectronics, (2) quantum information technologies, (3) artificial intelligence systems. After a public-comment process, Treasury issued the final rule (31 CFR Part 850) on 28 October 2024, effective 2 January 2025.

Luxembourg's Chambre des Députés adopted the first-ever national FDI-screening statute on 14 July 2023 (promulgated by the Grand Duke and published in Mémorial A n° 411 on 18 July 2023), entering into force 1 September 2023. The law requires non-EU investors to notify the Ministre de l'Économie before completing direct or indirect acquisitions of ≥25% voting rights / equity in Luxembourg entities engaged in "critical activities" across twelve sectors. The Minister can approve, conditionally approve, or prohibit transactions within a two-month initial screening window, with a further 60-day deep-review phase available; an inter-ministerial Comité de filtrage (Economy + Foreign Affairs + Finance + SREL intelligence service) advises on security and public-order grounds consistent with EU Regulation 2019/452.

MOTIE finalised the 31st amendment of the Public Notice on Trade of Strategic Items on 24 April 2023, effective 28 April 2023, adding 741 items to the Russia/Belarus situational-licence (상황허가) list. The added items span industrial machinery, petroleum and gas refining equipment, steel, chemicals, automotive goods and quantum computers judged to have high military-diversion potential. MOTIE stated the amendment brings Korea's export-control coverage of Russia/Belarus closer to that of the US, EU and Japan, incorporating 2022 international export-control-regime agreements and reflecting the US's 2nd-6th Russia sanctions rounds and a substantial part of the EU's measures.

The National Reconstruction Fund Corporation Act 2023 (Act No. 12 of 2023, Cth) received royal assent on 11 April 2023 and established the National Reconstruction Fund Corporation (NRFC) as a corporate Commonwealth entity under the PGPA Act 2013, formally constituted on 18 September 2023. The Act commits A$15 billion of concessional finance (loans, equity and guarantees) to projects in seven declared priority areas: renewables and low-emission technologies; medical science; transport; value-add in agriculture, forestry and fisheries; value-add in resources; defence capability; and enabling capabilities (advanced manufacturing, AI, robotics, quantum). The NRFC predates and underpins the 2024 Future Made in Australia package -- it is the equity/loan-finance instrument of the Australian industrial-policy stack, distinct from the FMIA umbrella framework and from the FMIA Production Tax Credits Act 2024 (the tax-credit instrument).

The Foreign Investment Reliability Assessment Act (välismaise investori usaldusväärsuse hindamise seadus, VUHS), adopted by the Riigikogu on 25 January 2023 and in force from 1 September 2023, establishes Estonia's first horizontal ex-ante foreign direct-investment screening regime. The Act transposes EU Regulation 2019/452 into Estonian law and designates the Consumer Protection and Technical Regulatory Authority (Tarbijakaitse ja Tehnilise Järelevalve Amet — TTJA) as the screening authority. It covers acquisitions of qualifying holdings or material influence in target undertakings operating in defence, dual-use, vital services, energy and communications infrastructure, transport, financial services, media, critical raw materials extraction and other strategic sectors. TTJA can prohibit, condition or unwind non-compliant transactions and impose administrative non-compliance levies.

The Bureau of Industry and Security added 57 entities under 57 entries to the Entity List, effective September 30, 2022, in direct response to Russia's ongoing invasion of Ukraine and its illegal annexation of Ukrainian regions. Of the 57 entities, 56 are listed under Russia and one (Subsidiary Sevastopol Naval Plant of Zvezdochka Shipyard) under the Crimea Region of Ukraine. The additions span aviation repair and overhaul facilities, aerospace R&D institutes, naval propulsion, ballistic-missile producers, advanced-materials and quantum science institutes, and the federal metrology agency; 50 of the 57 receive footnote 3 designations as Russian military end users, subjecting them to the Russia/Belarus-Military End User Foreign Direct Product Rule. All are added with a license review policy of denial for all EAR-subject items except food and medicine designated EAR99.

The Bureau of Industry and Security expanded EAR sanctions against Russia and Belarus effective 15 September 2022, adding new export-control categories covering quantum computing equipment and related technology (new licensing requirements under a near-total policy of denial), discrete chemicals and biologics including fentanyl precursors and CBW-related production equipment (new Supplement No. 6 to Part 746), and 57 EAR99 industrial items added to the industry-sector sanctions list (Supplement No. 4). Six entities were concurrently designated as Russian Military End Users (MEU), and MEU/MIEU licensing restrictions were extended worldwide (previously limited to six countries). The rule also extended the Foreign Direct Product Rule to additional categories of foreign-made items.

The UK laid the Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2022 (UKSI 2022/748), in force 5 July 2022, extending the Belarus sanctions regime to mirror measures already imposed on Russia over the invasion of Ukraine. The regulations ban export to Belarus of dual-use goods and technology for all purposes, and of critical-industry goods and technology including quantum-computing components, microelectronics, marine and navigation equipment, and aircraft/aircraft parts. They widen existing import bans to cover a greater range of petroleum/mineral products and prohibit import of arms, iron and steel products originating in or consigned from Belarus, and extend financial sanctions barring Belarusian companies from issuing debt or securities in London or obtaining loans from UK banks, and barring UK persons from providing financial services to the National Bank of the Republic of Belarus or the Belarusian Ministry of Finance.

Canada amended the Special Economic Measures (Belarus) Regulations via SOR/2022-167, registered and in force 25 June 2022, adding four new schedules targeting Belarus over its support for Russia's invasion of Ukraine. Schedule 3 bans export of advanced technologies (quantum computers, advanced manufacturing and cryogenic equipment); Schedule 4 bans export of luxury goods (Part 1) and import of luxury goods from Belarus (Part 2); Schedule 5 bans export of goods usable in weapons manufacturing, including raw materials such as tungsten, aluminium and titanium, engines, industrial machinery, vehicles, aircraft and maritime vessels. The same instrument added 13 Belarusian officials and 2 state entities to the asset-freeze list.

On 8 April 2022 the Council of the European Union adopted Regulation (EU) 2022/576, further amending Regulation (EU) No 833/2014 (the fifth package of measures against Russia). It bans imports of Russian coal and other solid fossil fuels, wood, cement, rubber, fertilisers, high-end seafood and spirits; bans exports to Russia of jet fuel, quantum computers, advanced semiconductors, high-end electronics and sensitive machinery; bars Russian and Belarusian road-freight operators from EU territory; and closes EU ports to Russian-flagged vessels. It entered into force on 9 April 2022, the day after publication in the Official Journal (OJ L 111).

The US Bureau of Industry and Security (BIS) amended the Export Administration Regulations (EAR) effective November 26, 2021, by adding 28 entries to the Entity List across China (12), Japan (1), Pakistan (13 including 2 individuals), Singapore (1), and Taiwan (1). Designations span three distinct threat clusters: (1) eight Chinese entities supporting military applications of quantum computing, including QuantumCTek Co. and the Hefei National Laboratory for Physical Sciences at Microscale; (2) approximately twelve Pakistani procurement entities and three Chinese suppliers facilitating Pakistan's unsafeguarded nuclear activities and ballistic missile program; and (3) the Corad Technology network across China, Japan, Singapore, and Taiwan that sold Western technology to Iran's military/space programs and North Korean front companies. Additionally, the Moscow Institute of Physics and Technology was added to the Military End-User (MEU) List for producing military products. All Entity List entries carry presumption-of-denial licensing policy with no exceptions available.

The German Federal Government adopted the 17th amendment to the Außenwirtschaftsverordnung (AWV, Foreign Trade and Payments Ordinance), published 30 April 2021 and entering into force 1 May 2021, aligning Germany's FDI screening regime with EU Regulation 2019/452. The amendment adds 16 further sectors to the sector-specific mandatory-notification regime, on top of the 11 already covered, bringing the total to 27 -- including AI, robotics, autonomous vehicles/drones, semiconductors, quantum technology, satellite systems, cybersecurity, and critical raw materials. Filing thresholds are voting-rights acquisitions of 10% or more by a non-EU/EFTA investor in the newly added sectors, with subsequent review triggers at 20%, 25%, 40%, 50% and 75%.

The National Security and Investment Act 2021 (c.25), receiving Royal Assent on 29 April 2021 and entering full force on 4 January 2022, created the UK's first standalone investment-screening regime, separating national-security review from the Competition and Markets Authority merger-control process. The Act empowers the Secretary of State to call in any acquisition of "control or influence" over a qualifying entity or asset on national-security grounds, and designates 17 sensitive sectors in which acquisitions crossing 25%/50%/75% share-or-voting-rights thresholds (or material influence) require mandatory pre-completion notification to the Investment Security Unit (Cabinet Office); completion before clearance is void and criminal sanctions of up to 5 years imprisonment apply to non-notifying parties. The Act is the structural peer of US CFIUS/FIRRMA (2018), EU Regulation 2019/452, Germany AWG §§55–62, France Décret 2014-479, Netherlands Wet Vifo, and the broader allied FDI-screening parent-statute lattice, and the enabling statute under which all UK mandatory-notification schedule amendments operate.

The Investitionskontrollgesetz (InvKG, "Investment Control Act") is Austria's horizontal, statutory FDI screening regime. Published as Article 1 of the Federal Law BGBl. I Nr. 87/2020 on 24 July 2020 and entering into force on 25 July 2020, the Act replaced the previous narrow §§25a–25e Außenwirtschaftsgesetz 2011 (Foreign Trade Act) regime — under which fewer than 10 permits were issued from 2013 to mid-2020 — and transposes EU Regulation 2019/452 establishing a framework for the screening of foreign direct investments into the Union. The InvKG introduces mandatory ex-ante notification and approval of non-EU / non-EEA / non-Swiss acquisitions where the acquirer crosses any of the 10% / 25% / 50% voting-rights thresholds in an Austrian target operating in the critical sectors listed in Annex Part 1 (especially sensitive: defence, energy / water / telecoms critical infrastructure, dual-use technology, cybersecurity, AI, quantum technology, robotics, semiconductors, biotech, health, vaccines) and 25% / 50% in the sectors listed in Annex Part 2 (broader, including media, food-security, electronic communications infrastructure, financial infrastructure). Administered by the Bundesministerium für Arbeit und Wirtschaft (BMAW), with case decisions taken in coordination with the Komitee für Investitionskontrolle (inter-ministerial Investment Control Committee) and, where the case is escalated to the EU cooperation mechanism, the Commission and EU peer Member States. The InvKG is Austria's functional peer of US CFIUS / FIRRMA, UK NSI Act 2021, Germany AWG §§55–62, France Décret 2014-479 / R. 151-1 et seq., Italy Golden Power Decree, Netherlands Wet Vifo, Denmark investeringsscreeningsloven, and Belgium ISC. Sunset clause: originally limited to 30 June 2022 under §17(2) InvKG; permanently extended by BGBl. I Nr. 80/2022 of 14 July 2022.

The modern French FDI-screening regime is codified in Code monétaire et financier (CMF) Art. L151-1 to L151-7, substantially restructured by Loi PACTE n° 2019-486 du 22 mai 2019 (Art. 152-158) and operationalised by Décret n° 2019-1590 du 31 décembre 2019 (in force 1 April 2020) with implementing Arrêté du 31 décembre 2019. The regime requires prior authorisation from DG Trésor for non-EU/EEA acquisitions reaching ≥25% of a French target's voting rights across 17 sensitive sectors enumerated in CMF Art. R151-3, and for ≥10% acquisitions in listed-company targets (threshold made permanent by Décret 2023-1293 from 1 January 2024, having been originally introduced during COVID-19 by Décret 2020-892). Approximately 310 notifications are received annually; the regime closes the last major G7 EU-member-state FDI-screening parent-statute gap after DE AWG §§55-62, IT Golden Power DL 21/2012, NL Wet Vifo, UK NSI Act 2021, US CFIUS, JP FEFTA, AU FATA, and CH IPG.

Germany's Außenwirtschaftsgesetz (AWG, Foreign Trade and Payments Act; BGBl. I 2013 S. 1482 of 6 June 2013, replacing the original 1961 Act) is the foundational parent statute of the modern German economic-statecraft toolkit, providing the legislative authority for (i) export licensing of dual-use goods and technology administered by BAFA under the Außenwirtschaftsverordnung (AWV) implementing regulation — the national complement to EU Dual-Use Recast Regulation 2021/821; (ii) inward FDI screening by BMWK under §§ 55–62 AWG covering non-EU/non-EFTA acquisitions of ≥ 25% of voting rights cross-sectorally and ≥ 10%/20% in 27 sensitive-sector activities including defence, semiconductors, AI, quantum, biotech, space, and critical infrastructure; and (iii) German implementation of EU-level and autonomous trade and sanctions restrictions. As the EU's largest economy and a top-tier dual-use exporter, Germany's AWG-based regime is structurally peer-foundational to JP FEFTA 1949, UK NSI Act 2021, US ECRA 2018, CN Export Control Law 2020, and NL Wet Vifo 2022 in the G7+CN economic- statecraft parent-statute cluster.