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

China's Ministry of Commerce and General Administration of Customs jointly announced (Announcement No. 33 of 2023) export-licensing controls on graphite products, effective 1 December 2023. The regime covers natural flake graphite and products thereof (including spherical graphite and graphite powder used in lithium-ion battery anodes) as well as high-purity, high-hardness, and high-strength synthetic graphite materials. Exporters must obtain dual-use-item licences from MOFCOM citing end-user and end-use; licences are granted at MOFCOM's discretion. The announcement came three days after the 17 October 2023 BIS advanced-chip-controls expansion, continuing the proportional-response pattern established with Ga/Ge in July.

Effective August 11, 2023, BIS amended 15 CFR Parts 738 and 742 to add the People's Republic of China and Macau to Nuclear Nonproliferation (NP2) licensing requirements under the Export Administration Regulations. The rule inserts NP2 "X" column markings for China and Macau in the Commerce Country Chart, subjecting exports of eight ECCN families (1A290, 1C298, 2A290, 2A291, 2D290, 2E001, 2E002, 2E290) to a BIS licence requirement. The measure was motivated by China's military modernisation, military-civil fusion strategy, and nuclear force expansion; prior to this rule, neither China nor Macau was subject to NP2 controls in the EAR.

Regulation (EU) 2023/1542 establishes a comprehensive EU statutory framework for all battery categories (portable, SLI, LMT, EV, industrial), imposing supply-chain due-diligence obligations for cobalt, lithium, nickel, and natural graphite; mandatory recycled-content thresholds; carbon-footprint declarations; a digital battery passport; and ambitious collection and recycling-efficiency targets, with rolling application dates running from February 2024 through August 2036. It repeals Battery Directive 2006/66/EC and applies to every economic operator placing batteries on the EU market, binding every EV, consumer-electronics, and stationary-storage supply chain that relies on DRC cobalt, Australian/Chilean lithium, Indonesian/Philippine nickel, and Chinese/Mozambican graphite.

Loi n° 2023-007 portant refonte du Code Minier replaces the 2005-021 framework as the comprehensive legal foundation for Madagascar's mining sector. The headline fiscal change raises the ad-valorem mining royalty from 2% to 5%, decomposed as a 2% mining rebate (ristourne minière) earmarked for local communities and a 3% mining royalty (redevance minière) accruing to the State; a 30% reduction applies where extracted products are processed domestically, embedding a value-add incentive into the royalty schedule. The law also introduces a dedicated environmental, health and safety chapter, modernises customs/fiscal/foreign- exchange provisions, tightens permit-issuance procedures and strengthens oversight of small-scale mining. It is the first IPTM entry for Madagascar — a Tier-2 critical-minerals jurisdiction with material cobalt (Ambatovy), graphite (Molo / Green Giant), ilmenite/zircon (QMM Fort-Dauphin) and emerging REE / vanadium / nickel pipelines.

Norway's Ministry of Trade, Industry and Fisheries (NFD) published the national mineral strategy on 21 June 2023, establishing a comprehensive framework to develop domestic critical-mineral resources sustainably while anchoring Norway's role in EU and allied supply chains. The strategy introduces a "hurtigspor" (fast-track) permitting procedure for projects of strategic significance, coordinates the Norwegian Geological Survey (NGU) and Directorate of Mineral Management around critical-raw-material mapping, and signals consideration of a state investment vehicle to secure Norwegian equity stakes in domestic mineral projects. Key mineral resources targeted include the Fen Complex rare-earth deposit (the largest validated EU REE resource), the Engebø rutile/garnet project (Nordic Mining), and the primary aluminium cluster (Hydro).

Greenland Parliament Act No. 27 of 13 June 2023 ("Mining Act") entered into force on 1 January 2024 as the new framework legislation governing all exploration, prospecting and exploitation of mineral resources in Greenland. It supersedes the operational mineral-licensing role of the 2010 Mineral Resources Act (which remains partially valid for hydrocarbons) and is administered by the Mineral Resources Authority (MRA) under Naalakkersuisut. The reform is framed as making the regime "more simple, clear, appropriate and user-friendly," and preserves the Inatsisartut Act of 2021 banning uranium mining. A separate Bill on local (small-scale) mineral activities — covering gemstone and collector minerals — was advanced in 2024 to enter into force later that year.

At its 8th Decision-Making Meeting on 6 June 2023, Namibia's Cabinet approved a prohibition on the export of unprocessed critical minerals — specifically crushed lithium ore, cobalt, manganese, graphite, and rare earth elements — with only small quantities permitted for export upon written ministerial approval. The policy is operationalised through discretionary Ministerial authority under the Minerals (Prospecting and Mining) Act 33 of 1992, with no new statute enacted. The measure is designed to compel domestic beneficiation under Namibia's Mineral Beneficiation Strategy (MBS), capturing refining and processing margin that would otherwise accrue to consuming-country smelters.

France's first dedicated critical-minerals industrial-finance instrument: a €500m state contribution to a critical metals and rare materials investment fund, jointly announced by the Ministry of the Economy and the Ministry of Ecological Transition on 11 May 2023, targeting €2bn total fundraising including private capital. Managed by InfraVia Capital Partners with Caisse des Dépôts as state operator, the fund invests as minority partner across extraction, processing and recycling — in France, Europe and globally — prioritising off-take agreements for French and European industry. The fund operationalises the Stratégie Nationale Métaux Critiques framework (Varin Report delivered 10 January 2022) alongside the OFREMI critical-minerals observatory at BRGM and the inter-ministerial delegate for strategic-metals supply security.