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

Panama's Asamblea Nacional enacted Ley 407 on 3 November 2023, sanctioned by President Laurentino Cortizo Cohen and published in Gaceta Oficial Digital N° 29904 of the same date. The law declares an indefinite moratorium on the granting of concessions for exploration, extraction, transportation, and benefit of metallic mining throughout national territory under the precautionary principle, bars the Ministerio de Comercio e Industrias (MICI) from issuing any new concessions and requires flat rejection of all pending applications from the date of enactment. Ley 407 constitutes the legislative instrument in the paired judicial-legislative architecture under which Panama effectively exits large-scale metals mining: it operates as the prospective, horizontal concession ban, while the Corte Suprema's November 2023 Sentencia (filed separately) is the retrospective judicial nullification of the Cobre Panamá contract. Together they structurally withdraw ~1% of global mined copper supply and affect ~5% of Panama's GDP.

The Mining (New Porgera) (Amendment) Act 2023 (Act No. 16 of 2023), passed by Papua New Guinea's National Parliament on 29 November 2023 and certified 30 November 2023, created the statutory framework enabling the Porgera gold mine to reopen under the New Porgera Ltd joint venture — with PNG state and local stakeholders holding 51% and Barrick Gold 49%. The Act formalised four agreements signed on 13 October 2023 (Mining Development Contract, Special Mining Lease 13, Fiscal Stability Agreement, and Landowner Compensation Escrow), allowing the mine to resume operations on 22 December 2023 after a 2020 closure when the Marape government refused to renew Barrick Niugini Limited's prior special mining lease. This 51% state-and-community majority template now governs the legal architecture for all future PNG resource concessions.

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.

On 20 April 2023, President Gabriel Boric announced Chile's National Lithium Strategy ("Estrategia Nacional del Litio") in a national broadcast from La Moneda. The strategy mandates state majority participation in projects deemed strategic for the country and creates a state-owned National Lithium Company ("Empresa Nacional del Litio", subject to Congressional approval) covering the full productive cycle from exploration through battery cell assembly and recycling. In the interim, the existing state-owned firms Codelco (copper) and ENAMI take the lead — Codelco for the Atacama salar (where SQM and Albemarle operate under existing leases) and ENAMI for the Maricunga salar. The strategy also commits to a network of protected salt flats targeting 30% protection by 2030 and promotes new lower-impact extraction technologies (notably direct lithium extraction, DLE). The full policy document "Estrategia Nacional del Litio — Por Chile y su Gente" was published by the Ministry of Economy on 15 June 2023.

Statutory Instrument 5 of 2023, gazetted by Zimbabwe's Ministry of Mines and Mining Development, banned the export of unbeneficiated ("raw" / unprocessed) base mineral ores from Zimbabwe, widening the December 2022 lithium-only export ban (SI 213 of 2022) into a horizontal ban covering the entire base-minerals category — including lithium, chrome, copper, nickel and coal — while excluding precious metals, precious stones, oil and natural gas. Exporters need a written ministerial permit, granted only where compelling reasons show the ore cannot be beneficiated inside Zimbabwe, or for small assay samples. Non-compliance carries a level-9 fine or twice the mineral's value (whichever is greater), up to two years' imprisonment, or both. SI 5 was itself amended three months later by SI 57 of 2023, which layered lithium-specific citizenship and beneficiation-plant conditions onto this base order.

Angola's Ministry of Transport formalised a 30-year concession to Lobito Atlantic Railway (LAR — Trafigura 49.5% / Mota-Engil 49.5% / Vecturis S.A. 1%) for the operation, management and maintenance of the Lobito Corridor — comprising the 1,300 km Benguela Railway from the Port of Lobito to Luau (Angola-DRC border) and the Lobito port mineral terminal. The international tender was won on 4 November 2022; the concession contract was signed on 4 July 2023 at a ceremony attended by the Presidents of Angola, the DRC and Zambia. LAR commenced operations in January 2024. The concession is paired with the trilateral Lobito Corridor Transit Transport Facilitation Agency Agreement (LCTTFA), signed at Lobito Port on 27 January 2023 by the Transport ministers of Angola, the DRC and Zambia, which establishes the cross-border customs/transit framework for the corridor.

Royal Decree No. M/140, dated 19 Shawwal 1441H (11 June 2020), promulgated Saudi Arabia's Mining Investment Law, replacing the 2004 Mining Investment Law (Royal Decree M/47). The law establishes a modern licensing framework under the Ministry of Industry and Mineral Resources (MIM) and the Saudi Geological Survey (SGS), introduces five license categories (reconnaissance, exploration, exploitation, small-mine, building-materials quarry), permits 100% foreign ownership in mining, and sets out royalty and fiscal terms aligned with Vision 2030's goal of developing an estimated $1.3 trillion in identified mineral wealth. The law took effect on 1 January 2021 and serves as the statutory parent of every Saudi mining licensing round and strategic minerals initiative launched since that date.

On 26 July 2018 the Serbian government agreed to sell a 63% stake in RTB Bor — the state-owned copper mining complex in eastern Serbia — to Zijin Mining Group (HKG:2899) for approximately USD 350 million plus a committed investment of USD 1.26 billion over five years. The transaction closed on 24 September 2018 after Chinese MOFCOM and Serbian government approvals. RTB Bor operates the Bor open-pit copper mine and the Čukaru Peki underground mine. Under Zijin's management, combined annual copper output reached 296,000 tonnes in 2025, making Zijin the second-largest copper producer in Europe after KGHM (Poland). The complex also produces significant gold as a by-product. The acquisition was facilitated by the China-Serbia comprehensive strategic partnership and BRI connectivity framework. The Serbian government accepted Chinese investment at a discount to assessed asset value in exchange for committed capital expenditure in a region with limited Western private-sector appetite for brownfield copper. EU membership negotiations and EU state-aid rules complicated alternative European financing structures. Zijin financed the acquisition through a combination of corporate balance sheet and China Development Bank-syndicated loans. The Čukaru Peki mine, which was not included in the initial RTB Bor asset base, received a separate Zijin investment commitment exceeding USD 800 million.

On 27 January 2018 the DRC National Assembly adopted Loi n° 18/001, comprehensively amending the foundational 2002 Mining Code (Loi n° 007/2002); President Joseph Kabila promulgated the law on 9 March 2018, published in the Journal Officiel special issue of 28 March 2018, with implementing Décret n° 18/024 (Règlement Minier) following on 8 June 2018. The Code introduces a 10% royalty on minerals designated "strategic" by the Council of Ministers — cobalt, coltan, lithium, and germanium confirmed — up from the 2% standard non-ferrous rate, and raises all standard mining royalties (non-ferrous 2→3.5%, precious metals 2.5→3.5%, precious stones 4→6%). The state's mandatory free-carry interest in new mining projects is doubled from 5% to 10% (Article 71), with a further 10% paid-carry option creating an effective 20% state-participation floor; contract-stability guarantees are simultaneously curtailed from 10 to 5 years (Article 276), explicitly invalidating pre-existing stabilisation clauses. As the foundational statute governing every DRC mining-rights grant, royalty-rate setting, and export-control delegation, the 2018 Code is the parent authority for ARECOMS (established 2019 under its strategic-minerals framework) and the legal basis for both the 2025 cobalt export-ban/quota regime and the 2025 artisanal-processing suspension — making it the mandatory upstream context for the entire filed DRC action cluster.

On 27 December 2017 President Nursultan Nazarbayev signed Code No. 125-VI ZRK "On Subsoil and Subsoil Use," a wholesale recodification replacing the 2010 Subsoil Use Law that entered into force on 29 June 2018 (with certain provisions deferred to 1 January 2019). The Code establishes the licensing architecture for all mineral extraction in Kazakhstan — the world's leading uranium producer (~40% of global U₃O₈ output, ~22,000 tU/yr) and a top-11 oil exporter (~1.8 mbpd) — covering solid minerals, hydrocarbons, and uranium under a single codified framework. For solid minerals the Code introduces a liberalised "first-come first-served" auction-free licence model for non-strategic deposits and a state-tender model for strategic deposits, alongside subsoil-use rights transfer and pledge provisions governing all M&A in the sector. For uranium the Code codifies the National Atomic Company Kazatomprom's statutory role as state operator over all uranium blocks, with government priority pre-emption rights and mandatory Kazatomprom participation in all production licences. For hydrocarbons the Code establishes the concession and production-sharing framework governing the pre-salt Caspian mega-projects (Tengiz, Karachaganak, Kashagan) and the model contract architecture for petroleum products. Horizontal obligations — local Kazakh-content procurement floors, social-package requirements, and environmental-restoration mine-closure security — apply across all subsoil-use categories. Structurally this Code is the parent statute for every subsequently filed KZ action: the 2023-12-28 REE Comprehensive Plan and the 2025-12-26 Kazatomprom uranium-priority amendments both operate under delegated authority created by this Code.

On 9 May 2016 CMOC Group (China Molybdenum Co., HKG:3993 / SHA:603993) signed agreements to acquire Freeport-McMoRan's 56% stake in Tenke Fungurume Mining (TFM) in the Democratic Republic of the Congo for USD 2.65 billion, with additional financing from China Development Bank. A concurrent transaction acquired TF Holdings' 24% stake, bringing CMOC's total to 80% with Gécamines retaining 20%. The transaction closed on 16 November 2016 following regulatory approvals from the DRC Ministry of Mines, the US CFIUS (approved without conditions), and Chinese MOFCOM. Tenke Fungurume is the world's second-largest cobalt mine and fifth-largest copper mine, located in Lualaba Province. At the time of acquisition it produced approximately 16,000 tonnes of cobalt per year (hydroxide) and 180,000 tonnes of copper cathode, representing roughly 20% of global mined cobalt supply. CMOC subsequently expanded production to approximately 50,000 tonnes of cobalt per year by 2023-2024 through the Kisanfu (KFM) discovery development — bringing combined TFM+KFM output to ~115,000 tonnes of cobalt annually, or roughly 38% of DRC cobalt production and approximately 25% of global supply from a single operator. The acquisition was the largest Chinese overseas mining transaction of 2016 and established China's dominant structural position in the cobalt supply chain at the mine level — upstream of both DRC export controls (ARECOMS quota system, filed 2025-02-22) and Chinese processing/re-export controls on battery-grade cobalt compounds. CMOC is simultaneously the world's largest cobalt producer and an entity subject to Chinese government export licensing for the same materials — a concentration structure without precedent in critical minerals. The China Development Bank provided a $2.68 billion loan facility financing the majority of the acquisition, making this an explicit policy-bank-backed strategic asset purchase consistent with NDRC guidelines on overseas critical mineral investment priorities. Sinosure provided political-risk insurance cover on the DRC exposure.

On 26 November 2013 a Chinese consortium led by MMG Limited (HKG:1208, the listed mining arm of China MinMetals Corporation) agreed to acquire the Las Bambas copper project in Apurímac, Peru from Glencore PLC for USD 5.85 billion. The sale was completed on 7 April 2014. MMG holds 62.5% of the consortium; CITIC Metal holds 15%; Guoxin International holds 22.5%. All three are Chinese state-linked entities. Las Bambas is one of the world's largest copper deposits. Since commencing production in 2016 it has produced approximately 300,000-400,000 tonnes of copper concentrate per year, representing roughly 1-1.5% of global mined copper supply and approximately 10% of Peru's total copper exports. Peru is the world's second-largest copper producer (~10% global supply), so Las Bambas is a material share of the Andean copper complex. The acquisition was MOFCOM-directed: as a condition of approving the Glencore-Xstrata merger in 2013, China's Ministry of Commerce required Glencore to divest Las Bambas to a Chinese buyer within 12 months of merger completion. This is the definitive case of Chinese antitrust authority being used as an instrument of resource-acquisition policy — MOFCOM leveraged deal approval to transfer a world-class copper asset to Chinese state-linked ownership. Las Bambas has been the source of persistent community conflicts in Apurímac Province, with road blockades in 2022-2023 halting production for extended periods and bringing the Peru government into direct negotiation with MMG and local communities. China's policy-bank financing (CDB-backed) for the acquisition underpins the ongoing operation despite these disruptions.

The Trade Expansion Act of 1962 (Pub. L. 87-794, 76 Stat. 872), signed into law by President Kennedy on 11 October 1962 and codified at 19 U.S.C. §§ 1801–1991, is the foundational US statute granting the executive branch broad authority to negotiate tariff reductions and, critically via Section 232 (19 U.S.C. § 1862), to adjust imports of any article found by the Secretary of Commerce to threaten to impair national security. Section 232 empowers the President — on receipt of a Commerce Department affirmative national-security finding — to impose tariffs, quantitative restrictions, or other import-adjustment measures without congressional approval or WTO-required safeguard procedures. From 1962 to the Trump Administration's 2018–2026 wave of Section 232 Proclamations, the authority was invoked primarily for petroleum and machine-tool imports; since 2018 it has become the legal vehicle for national-security tariffs on steel, aluminum, automobiles, copper, timber, critical minerals, semiconductors, and pharmaceuticals, with 19+ IPTM-filed implementing instruments citing Pub. L. 87-794 / 19 U.S.C. § 1862 as their statutory parent.