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

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.

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).

Ganfeng Lithium (HKG:1772 / SZE:002460), China's largest lithium producer, has accumulated controlling interests in Argentina's most significant lithium brine operations through a series of transactions since 2019. The key assets are: **Cauchari-Olaroz (Jujuy Province):** Ganfeng holds 46.5% of the project alongside Lithium Americas Corp (53.5%), which commenced commercial production in mid-2023. It is Argentina's largest lithium brine operation, targeting 40,000 tonnes per year of battery-grade lithium carbonate. Ganfeng provides offtake for substantially all lithium carbonate produced and has rights to purchase Lithium Americas' share of output at market prices. **Pozuelos-Pastos Grandes (PPG) basin (Salta Province):** Ganfeng agreed in 2024-2025 to consolidate the PPG lithium basin through a new joint venture in which Ganfeng holds 67% and Lithium Argentina (spun off from Lithium Americas) holds 33%. The basin is one of Argentina's largest undeveloped lithium brine resources. The SEC filing confirming this consolidation was published in April 2025. Combined, Ganfeng's Argentine lithium position gives it a structurally significant share of Argentina's battery-grade lithium output and exploration pipeline — positioned within the lithium triangle alongside Chilean and Bolivian deposits but with operational production at Cauchari-Olaroz already running. The investments were financed through a combination of Ganfeng's corporate balance sheet and China Development Bank-linked project finance. Ganfeng has also established its own lithium hydroxide refining capacity in China fed from the Cauchari-Olaroz brine, creating a vertically integrated supply chain from Argentine salar to Chinese battery-grade product.

Regulation (EU) 2023/1115, adopted 31 May 2023 and in force 29 June 2023, requires all EU operators and traders placing seven in-scope commodities and their derived products on the EU market — or exporting them from the EU — to file due-diligence statements certifying that goods are deforestation-free (no land cleared after 31 December 2020) and produced in compliance with the relevant legislation of the country of origin. A Commission-administered risk-classification system assigns producer countries to low, standard, or high-risk tiers with differentiated due-diligence burdens. Application was subsequently postponed twice: to 30 December 2026 for large operators (Reg (EU) 2024/3234 and Reg (EU) 2025/2650).

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.

Loi n° 2023-973 du 23 octobre 2023 relative à l'industrie verte (the Green Industry Law) is France's first comprehensive industrial-policy framework since France 2030 (2021). Published in the Journal officiel on 24 October 2023, it pursues three objectives: (i) accelerate the siting of strategic industrial projects on French territory, (ii) channel public procurement toward "virtuous" companies, and (iii) mobilise private savings for green-industrial CapEx. Its centrepiece is the new "Projet d'intérêt national majeur" (PINM) status, an exceptional procedure that fast-tracks urban planning, environmental permitting, and grid connection for projects deemed strategic for ecological transition or national sovereignty (gigafactories, hydrogen electrolysers, advanced semiconductor fabs). The law also creates the Plan d'épargne avenir climat (PEAC), a long-duration retail savings product reserved for under-21s and earmarked for European green-industrial financing, and codifies a 2023-2030 national green-industry strategy.

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.

The Wa State Central Economic Planning Commission (the administrative authority of the United Wa State Army's Special Region No. 2, controlling the Man Maw and Mong Yaw tin zones) issued Notice "Wa Jing Zi No. 2023-06" on April 15, 2023, mandating a comprehensive suspension of all mining, excavation, and mineral processing in Wa State until "mature mining conditions" are in place. A follow-up implementation order on May 20, 2023 confirmed all mines and processing plants—regardless of scale—must cease operations by August 1, 2023. Man Maw alone supplied approximately 10% of global tin concentrate, and LME three-month tin prices rose ~9% in the weeks following the April announcement. The suspension remained in force until mid-2025 when a new three-year licensing regime replaced it (see 2025-02-01-myanmar-wa-state-man-maw-tin-restart-licensing).