Industrial Policy & Trade Monitor· 2666 actions· ✨ 90 recent

Switzerland's Federal Council promulgated the Verordnung über die Mindestbesteuerung grosser Unternehmensgruppen (Mindestbesteuerungsverordnung, MindStV; French: OIMin), SR 642.161, AS 2023 841, on 22 December 2023, with effect from 1 January 2024. The ordinance enacts a 15% Qualified Domestic Minimum Top-up Tax (QDMTT — Ergänzungssteuer) on Swiss constituent entities of MNE groups with consolidated annual revenue ≥ EUR 750 million, enacted under the temporary constitutional authority granted by Swiss voters in a popular referendum on 18 June 2023 (78.5% yes, Art. 129a BV). The Income Inclusion Rule (IIR) and Undertaxed Profits Rule (UTPR) were deliberately deferred to subsequent ordinance amendments, targeting FY 2025 phasing. The Swiss Federal Tax Administration (ESTV / AFC) is the administering authority; first QDMTT returns and GloBE Information Returns due 30 June 2026.

Tunisia's Finance Law for 2024 (Loi Nº 2023-52, promulgated 22 December 2023) introduces a 4-year full exemption from corporate income tax (IS) and personal income tax (IR) for newly created enterprises that obtain an investment declaration certificate during 2024 or 2025. Qualifying enterprises must commence effective operations within 2 years of the declaration date and maintain Tunisian-standard accounts; excluded sectors include financial services, conventional energy, mining, real-estate promotion, commerce, and telecoms operators. The measure is Tunisia's principal post-Loi 2016-71 targeted investment-attraction instrument and opens the IPTM register's first Tunisia-issuer action, closing a full-geographic blank in MENA/Maghreb coverage.

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.

Regulation (EU) 2023/2854 of the European Parliament and of the Council of 13 December 2023 on harmonised rules on fair access to and use of data — the "Data Act" — was published in the Official Journal on 22 December 2023, entered into force on 11 January 2024, and applies generally from 12 September 2025 (with longer transitional periods for IoT product-design obligations under Article 3(1), which apply to products placed on the market after 12 September 2026, and for the data-portability standardisation framework, applicable from 12 September 2027). The Data Act is the third pillar of the EU data-economy framework alongside the GDPR (personal data) and the Data Governance Act 2022/868 (data-intermediation services), and is the world's first horizontal statutory regime governing access to and portability of industrial / IoT / non-personal data — covering by-design data-availability obligations on connected-product manufacturers, a mandatory cloud- switching framework with progressive elimination of switching charges, B2G emergency data-sharing in exceptional needs, unfair-contract-terms protection for SMEs, and safeguards against unlawful international government access to non-personal data held in EU cloud.

FinCEN published a final rule (FR Doc 2023-26399, 88 FR 83499, November 30, 2023; effective January 1, 2024) extending the initial beneficial ownership information (BOI) reporting deadline under the Corporate Transparency Act (CTA) for reporting companies created or registered in calendar year 2024. Rather than the default 30-day window, these companies receive 90 calendar days from the date of receiving actual or public notice of creation or registration becoming effective to file their initial BOI reports with FinCEN. Companies created before January 1, 2024 retain their original deadline of January 1, 2025; companies created on or after January 1, 2025 revert to the standard 30-day window.

Regulation (EU) 2023/2675 — the Anti-Coercion Instrument (ACI) — is the EU's first horizontal trade-defence framework explicitly empowering the Union to respond to economic coercion by third countries. Adopted by the European Parliament and Council on 22 November 2023, published in the Official Journal on 7 December 2023, and in force from 27 December 2023, it lets the European Commission (i) determine that a third country is applying economic coercion against the Union or a Member State, (ii) seek dialogue, cessation, and reparation, and (iii) impose Union response measures — including tariffs, services-trade restrictions, IP-rights restrictions, public-procurement restrictions, and FDI restrictions targeting nationals or controlled entities of the coercing state. It complements but does not duplicate the Foreign Subsidies Regulation (which addresses subsidies, not coercion).

The U.S. Treasury's Office of Foreign Assets Control (OFAC) reached a $968,618,825 settlement with Binance Holdings, Ltd. — a Cayman Islands–domiciled virtual-currency exchange — to resolve civil liability for 1,667,153 apparent violations of multiple sanctions programs (Iran, Cuba, North Korea, Syria, and the Crimea region of Ukraine) committed between August 2017 and October 2022. OFAC determined the apparent violations were not voluntarily self-disclosed and that Binance's conduct was egregious; the settlement requires a five-year independent compliance monitor and was announced concurrently with parallel DOJ, FinCEN, and CFTC resolutions totaling approximately $4.3 billion in aggregate (including criminal forfeiture and BSA/AML penalties), alongside a separate criminal plea by founder Changpeng Zhao. The settlement is the largest civil monetary penalty in OFAC's history.

FinCEN published a final rule (FR Doc 2023-24559, 88 FR 76995, November 8, 2023; effective January 1, 2024) specifying when and how entities required to report beneficial ownership information (BOI) under the Corporate Transparency Act (CTA) may use another entity's FinCEN identifier in lieu of disclosing the underlying individual beneficial owners. A reporting company may substitute a related entity's FinCEN ID when: (1) that entity has obtained a FinCEN identifier and provided it to the reporting company, (2) the individual is a beneficial owner solely through an ownership interest in the other entity, and (3) the beneficial owners of both entities are the same. Any change to beneficial ownership of the other entity requires an updated BOI report, after which the entity FinCEN identifier may no longer be used until recertified.

On 25 October 2023 the Bureau of Industry and Security published an interim final rule (88 FR 73424; FR Doc 2023-23055) making substantive revisions to the October 7 2022 advanced-computing IFR, incorporating 43 public comments covering 78 topics. The rule replaced the prior TOPS-based performance metric with a new "Total Processing Performance" (TPP) / performance-density dual-threshold structure for ECCN 3A090, splitting the control into tiers 3A090.a (full licence requirement for highest-capability datacenter AI chips) and 3A090.b (new License Exception NAC with 25-day prior notification for the intermediate tier). Geographic scope was expanded from China-and-Macau to Country Groups D:1/D:4/D:5 to block diversion via third-country intermediaries and offshore datacenters.

The US Bureau of Industry and Security issued an interim final rule on 17 October 2023 that substantially expanded the advanced-computing and semiconductor manufacturing controls first imposed in October 2022. The rule closed the performance-threshold workaround that NVIDIA had used to ship China-specific A800/H800 GPUs, replacing it with a "performance density" metric and adding a new "Notified Advanced Computing" licence category. It expanded controls on chipmaking equipment (additional ECCNs covering deposition, etch, metrology), pulled 21 additional countries (mostly Middle East / Central Asia) into a regional licensing scheme to prevent transshipment, and added 13 Chinese entities to the Entity List including AI-chip designers.

Sweden's first horizontal foreign-direct-investment screening regime. Lag (2023:560) om granskning av utländska direktinvesteringar — promulgated (utfärdad) by the Ministry of Justice on 21 September 2023 on the basis of Government Bill 2022/23:116, and entered into force on 1 December 2023 — establishes mandatory ex-ante notification to Inspektionen för strategiska produkter (ISP) for direct or indirect acquisitions of voting rights of ≥10%, 20%, 30%, 50%, 65%, or 90% in Swedish entities conducting "skyddsvärd verksamhet" (protected business activities). The protected-activity perimeter is defined by Förordning (2023:624) and the ISP listing across seven sub-categories: essential services, security-sensitive activities, critical raw materials/metals/ minerals, sensitive location and personal data, military equipment, dual-use goods, and emerging or strategically protected technologies. Both EU and non-EU investors are within scope. Unnotified transactions are void by operation of law and may carry administrative fines of SEK 25,000 to SEK 100 million. From 1 Dec 2023 to 29 Nov 2024 ISP processed 1,206 notifications, opened 24 deeper screenings, approved 11, approved 5 with conditions, and prohibited 1 transaction.

Saudi Arabia's Personal Data Protection Law (PDPL), issued under Royal Decree M/19 (16 September 2021) and substantively amended by Royal Decree M/148 (27 March 2023), entered into force on 14 September 2023 with a one-year transition period that ended on 14 September 2024 — at which point the Saudi Data & Artificial Intelligence Authority (SDAIA) became the binding regulator with full enforcement powers. Alongside the Implementing Regulations and the Regulations on the Transfer of Personal Data Outside the Kingdom (both issued 7 September 2023), SDAIA published in 2024 a set of four pre-approved Standard Contractual Clauses templates (C2C, C2P, P2P, P2C) governing cross-border transfers. The regime establishes consent requirements, DPO appointment, a 72-hour breach notification duty, and prior-clearance / SCC-or-BCR-style conditions on personal-data exports out of Saudi Arabia.

Loi n° 2023-040 of 29 August 2023, adopted by the Conseil National de Transition (CNT) and promulgated by the Président de la Transition Colonel Assimi Goïta, repeals and replaces the prior Mali Code Minier (Ordonnance n° 2019-022/P-RM du 27 septembre 2019) and constitutes the foundational mining statute for all mineral-title issuance, foreign-investment participation, fiscal architecture, and state-control mechanisms in the Republic of Mali. Key structural innovations include a 35% Malian-side equity floor (10% free-carry to the state + 20% paid- participation option + 5% reserved to local Malian private investors), a special permitting regime for substances minérales d'intérêt stratégique (lithium, uranium, thorium, tungsten, tantalite, cobalt, and rare-earth elements), and zones d'intérêt stratégique reserved for the state and state-controlled vehicles. The Code is the parent statute under which Décret n° 2024-0396/PT-RM (the 2024 implementing decree) and Loi n° 2023-041 (the companion local-content law) operate, and under which the Barrick Loulo-Gounkoto standoff, B2Gold Fekola renegotiation, Allied Gold Sadiola settlement, and Ganfeng Goulamina fiscal escalation are situated.

Loi n° 2023-041 of 29 August 2023 establishes Mali's mandatory local-content framework for the mining sector, requiring titulaires de permis miniers and their sub-contractors to prioritise Malian nationals, local communities, national enterprises, and locally produced goods and services in the procurement and execution of all mining activities. The law mandates three-year renewable procurement plans with cascading preference from Malian citizens to ECOWAS citizens to others, and imposes capacity-building, training, and technology-transfer obligations on licence-holders. It is the procurement-side companion statute to the simultaneously adopted Code Minier (Loi 2023-040), operating under its own implementing decree Décret 2024-0397/PT-RM (July 2024).

On 16 August 2023 the Swiss Federal Council amended the Ordinance of 4 March 2022 on Measures in Connection with the Situation in Ukraine (SR 946.231.176.72), aligning with the EU's 11th Russia sanctions package. The amendment adds two UAE-headquartered firms to the list of entities barred from exemptions to Switzerland's dual-use export ban on Russia, restricts the sale of securities issued after 6 August 2023 to Russian nationals, residents, entities and businesses regardless of currency, and adds 12 individuals and 87 entities to the asset-freeze list, targeting dual-use/military-tech exporters, FSB-licensed IT firms, propagandists and government officials. It entered into force the same day at 18:00 CEST.

Guyana's National Assembly passed the Petroleum Activities Act, No. 17 of 2023 (PAA), which received presidential assent and was published in the Extraordinary Official Gazette on 16 August 2023, replacing the Petroleum (Exploration and Production) Act 1986 (Chapter 65:10) in its entirety. The PAA establishes a modern upstream regulatory architecture including a 10% gross royalty, a 65% cost-recovery ceiling under new Production Sharing Contracts (PSCs), a 10% corporate income tax on petroleum activities, and an updated licensing, local-content, decommissioning, and environment-compliance framework. Existing agreements — including the 2016 Stabroek Block PSA (ExxonMobil/Hess/CNOOC consortium, 2% royalty, 75% cost-recovery ceiling) — are grandfathered under their original terms; the PAA governs all new licensing rounds and agreements.

Lov 2023-06-20 nr. 77 (Lov om endringer i sikkerhetsloven — eierskapskontroll og lovens virkeområde), adopted by the Storting on 9 June 2023, signed 20 June 2023, in force 1 July 2023, is Norway's first substantive overhaul of Chapter 10 (Eierskapskontroll / ownership control) of the 2018 Security Act (Sikkerhetsloven). The amendment widens the scope of undertakings that can be brought under ownership control beyond entities directly linked to a "grunnleggende nasjonal funksjon" (fundamental national function) to include businesses of vital importance to national-security interests and businesses of significant importance to fundamental national functions, lowers and adds notification thresholds, and equips the King in Council with enhanced powers to block, condition, or unwind qualifying acquisitions. The reform converts a narrow security-classified regime into a broad horizontal FDI-screening architecture for Norway, the host of the world's largest sovereign wealth fund and a NATO frontline state.

OFAC replaced the abbreviated July 2014 South Sudan Sanctions Regulations (31 CFR Part 558) with a comprehensive final rule that adds interpretive guidance, definitions, and general licenses while implementing the full set of prohibitions in Executive Order 13664 of April 3, 2014. The rule does not expand the underlying blocking authority or add new designations; it codifies the existing program in a complete regulatory framework accessible to the public and regulated community. Target: persons threatening South Sudan's peace, security, or stability, obstructing the Comprehensive Peace Agreement, or responsible for human rights abuses or conflict-mineral trade that finances armed groups.

Canada's Fighting Against Forced Labour and Child Labour in Supply Chains Act (S.C. 2023, c. 9; "Bill S-211") received Royal Assent on 11 May 2023 and entered into force on 1 January 2024. It imposes a binding annual supply-chain disclosure obligation on government institutions and in-scope private-sector entities (any two of: ≥CAD 20m assets, ≥CAD 40m revenue, ≥250 employees) requiring a public report by 31 May each year detailing steps taken to prevent and reduce the risk of forced or child labour in their supply chains. The Act also amends the Canadian Customs Tariff (Schedule 9898.00.00) to extend the existing import prohibition on goods produced with forced labour to also cover goods produced with child labour, enforced at the border by the Canada Border Services Agency (CBSA). Criminal penalties of up to CAD 250,000 apply for non-compliance, false reporting, or obstruction.

On 6 April 2023 India's Cabinet Committee on Security approved the Indian Space Policy 2023 (ISP-2023), released publicly on 20 April 2023. The policy is the foundational NewSpace-enablement instrument that opens end-to-end space activities — building satellites, launch vehicles, ground systems, and data services — to private Non-Government Entities (NGEs) for the first time, and codifies the division of responsibilities between ISRO (R&D for advanced technologies), IN-SPACe (commercial-ecosystem authorisation and promotion), NSIL (commercial production / launch services), and NGEs (commercial space activity including ITU filings and asteroid-resource recovery). ISP-2023 is the parent authority for IN-SPACe's subsequent Norms, Guidelines and Procedures (NGP-2024) and for all downstream private launch / FDI rules in the Indian space sector. It targets lifting India's share of the global space economy from ≈2% to ≈10%.

On 24 February 2023 the US Treasury Department's Office of Foreign Assets Control (OFAC) announced sanctions on 22 individuals and 83 entities, which Treasury describes as targeting key sectors, evasion efforts and military supplies. Treasury issued a determination under Executive Order 14024 identifying the metals and mining sector of the Russian Federation economy as a sector subject to sanctions, and designated 11 Russian financial institutions, including Credit Bank of Moscow, plus Russian defence and advanced-materials enterprises and third-country evasion facilitators. General Licenses 60 and 61 authorise wind-down of dealings with newly blocked entities through 25 May 2023.

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.

Switzerland's Federal Council amended the Ordinance on measures related to the situation in Ukraine (SR 946.231.176.72) to align with the EU's ninth sanctions package, effective 6pm on 25 January 2023. The amendment bans new Swiss investment, equity provision, and participation (including joint ventures) in Russian mining-sector entities, with a carve-out for critical raw materials (aluminium/bauxite, chromium, cobalt, copper, iron ore, mineral fertilisers, molybdenum, nickel, palladium, rhodium, scandium, titanium, vanadium). It also extends export bans on aerospace goods to aircraft and drone engines, adds new controls on dual-use and military/security-enhancement goods, bans product testing/advertising/market-research services to Russia, and designates roughly 200 additional individuals and entities, including the Russian Regional Development Bank, to frozen-asset lists.

FinCEN issued an order on 18 January 2023, published in the Federal Register on 23 January 2023 (FR Doc 2023-01189), prohibiting US covered financial institutions from transmitting funds to, from, or through Bitzlato Limited, a virtual-currency exchange incorporated in Hong Kong and identified as a primary money-laundering concern in connection with Russian illicit finance. The order invokes Section 9714(a) of the Combating Russian Money Laundering Act, as amended by Section 6106 of the National Defense Authorization Act for Fiscal Year 2022 (31 U.S.C. 5323). The action was coordinated with a DOJ criminal arrest of Bitzlato co-founder Anatoly Legkodymov and a parallel Europol/Eurojust-supported disruption of Bitzlato's infrastructure, effective 18 January 2023.

Commission Implementing Decision (EU) 2023/97 of 5 January 2023 formally identified Cameroon as a non-cooperating third country under Article 31 of Regulation (EC) No 1005/2008 (IUU Regulation), issuing the EU's first "red card" to a West African flag state. The Commission found that Cameroon systematically registered fishing vessels — including vessels with documented prior IUU histories — without adequate monitoring or flag-state control over their activities outside Cameroonian territorial waters. Council Implementing Decision (EU) 2023/405, adopted 20 February 2023, confirmed the identification and triggered the operative trade consequences: a total prohibition on imports into the EU single market of wild-capture fishery products caught by Cameroon-flagged vessels, a bar on EU vessels chartering or operating under the Cameroonian flag, and a prohibition on EU operators purchasing from or transhipping with Cameroon-flagged vessels in any waters.