Industrial Policy & Trade Monitor· 2662 actions· ✨ 89 recent

The US Bureau of Industry and Security (BIS) amended the Export Administration Regulations (EAR) to remove Hong Kong as a separate, preferentially treated destination, effective December 23, 2020. Hong Kong is reclassified from Computer Tier 1 to Tier 3 and now subject to the same licence requirements, licence exceptions, and end-use restrictions that apply to mainland China. The rule implements Section 3 of Executive Order 13936 (July 14, 2020, "Hong Kong Normalization"), itself a response to China's imposition of the National Security Law on Hong Kong on June 30, 2020.

BIS created a new "Military End User (MEU) List" as Supplement No. 7 to EAR Part 744, adding the first tranche of 102 entities (58 in China, 45 in Russia) determined to pose an unacceptable risk of involvement in military end-uses or diversion to military end-users. The rule operationalises the pre-existing §744.21 MEU prohibition by creating a public positive list that triggers an EAR licence requirement for any item described in Supplement No. 2 to Part 744 when exported, reexported, or transferred to a listed entity in China, Russia, or Venezuela. The initial tranche is dominated by aerospace and defence companies.

The Bureau of Industry and Security added 77 entities (under 78 entries) to the Entity List via a December 22, 2020 final rule (FR Doc 2020-28031). The headline designation is Semiconductor Manufacturing International Corporation (SMIC) — China's largest contract chipmaker — for activities related to military-civil fusion (MCF), with a presumption of denial applied to all items uniquely required to produce chips at advanced nodes of 10 nanometers or below. The batch also covers entities that supported PRC militarisation of artificial islands in the South China Sea and entities implicated in human rights abuses against Uyghurs and other minorities in Xinjiang.

Angola's President João Lourenço signed Decreto Presidencial n.º 271/20 on 20 October 2020, replacing Order n.º 127/03 of 2003 and establishing the Regime Jurídico do Conteúdo Local do Sector dos Petróleos (RJCLSP). The decree divides petroleum-sector contracting into three regimes — exclusivity (reserved for Angolan nationals and companies), preference (Angolan-majority bidders take priority), and open competition with mandatory local-content scoring — covering all goods and services contracts entered into by concessionaires and their full subcontracting chains. The Ministério dos Recursos Minerais, Petróleo e Gás (MIREMPET) supervises compliance, with non-inclusion of mandatory local-content clauses penalised at USD 50,000–200,000 per infraction and escalating to contract cancellation for repeat offenders. The RJCLSP applies to all IOCs operating Angolan offshore blocks, including TotalEnergies (Block 17), ExxonMobil (Block 15), Chevron (Blocks 0, 14, 14K), BP (Block 31), Eni (Blocks 2, 14, 15/06), and Equinor, as well as their oilfield-services subcontractor chains.

The Export Control Law of the People's Republic of China was adopted by the Standing Committee of the 13th National People's Congress on 17 October 2020 (Presidential Order No. 58) and entered into force on 1 December 2020. Comprising 5 chapters and 49 articles, it establishes the unified statutory framework governing China's export-control regime over dual-use items, military items, nuclear items, and other goods, technologies, services, and data whose export could affect national security or China's non-proliferation obligations. The law introduces comprehensive licensing requirements, end-user and end-use certification, deemed-export and re-export controls with extraterritorial reach, a Controlled Entities List (CEL) with matching-entity restrictions, and substantial criminal and administrative penalties — and it is the parent statutory authority under which every China export-control implementing instrument in the IPTM register operates.

On 8 October 2020, the US Treasury's Office of Foreign Assets Control (OFAC) determined that section 1(a)(i) of Executive Order 13902 (10 January 2020) applies to the financial sector of the Iranian economy, exposing non-US persons that operate in or knowingly facilitate significant transactions with that sector to secondary sanctions. Concurrently, OFAC designated eighteen Iranian banks (sixteen under E.O. 13902, one as an owned-or-controlled affiliate, and Hekmat Iranian Bank under E.O. 13382 non-proliferation authority). After a 45-day wind-down, the secondary-sanctions exposure became effective on 22 November 2020. The determination was formally republished in the Federal Register on 1 October 2025 (FR Doc 2025-19123) under Trump 2.0's maximum-pressure restoration; the underlying economic measure dates to the 2020 action.

Venezuela's Constitutional Anti-Blockade Law, adopted by the National Constituent Assembly on 8 October 2020 and published in Gaceta Oficial Extraordinaria N° 6.583 on 12 October 2020, establishes a "special and temporary" horizontal legal framework empowering the Executive Branch to suspend or derogate any law of the Republic when necessary to counteract the effects of unilateral coercive measures imposed against Venezuela (Article 19 — the broadest sanctions- countermeasure derogation authority in the Western Hemisphere). The law also creates the Centro Internacional de Inversión Productiva (CIIP), a special-jurisdiction FDI vehicle empowered to negotiate confidentially with foreign investors, conduct asset-protection mechanisms, and operate entirely outside ordinary public-procurement, accounting, and FX-control law. Constitutes the foundational parent statute for the VE counter-sanctions legal corpus and closes the VE=0 gap on the action register.

MOFCOM Order No. 4 of 2020, issued and effective 19 September 2020, establishes the Unreliable Entity List (UEL / 不可靠实体清单) regime — China's primary countermeasure framework for designating foreign companies, organisations, and individuals that are deemed to endanger Chinese national sovereignty, security, or development interests, or that apply discriminatory measures against Chinese entities in violation of normal market principles. The UEL inter-ministerial Working Mechanism, administered through MOFCOM, may impose restrictions or prohibitions on the designated entity's China-related import/export activities, investment in China, and entry or stay of senior personnel in China, as well as fines. Promulgated under the Foreign Trade Law of the PRC and the National Security Law of the PRC, the Provisions serve as the statutory parent for every UEL designation announcement since 2023, and operate as the structural peer of the US BIS Entity List / OFAC SDN architecture and the simultaneously promulgated Anti-Foreign Sanctions Law framework.

Effective 17 August 2020 (published in the Federal Register 20 August 2020, Vol. 85 No. 162, FR Doc 2020-18213), BIS implemented three simultaneous measures targeting Huawei's global supply chain. First, 38 non-U.S. affiliates of Huawei Technologies Co., Ltd. were added to the Entity List with the most restrictive license review policy (presumption of denial) and designated under footnote 1, extending the Huawei-specific Foreign-Produced Direct Product Rule (FDPR) to their operations. Second, the Temporary General License (TGL), which since May 2019 had authorized limited ongoing transactions with Huawei (network maintenance, software updates, standards participation), was allowed to expire on 13 August 2020 and replaced with a narrower authorization. Third, BIS expanded the scope of the Huawei FDPR (General Prohibition Three) to cover foreign-produced items when a footnote 1 entity is a party to any transaction or when the item will be used in the production or development of products for any footnote 1 entity, closing the design-house loophole that had allowed TSMC to supply HiSilicon/Kirin chips as long as Huawei was not the direct importer.

The US Department of Commerce preliminarily determined that producers and exporters of silicon metal from Kazakhstan received countervailable subsidies at a 120.00% economy-wide rate, and instructed US Customs and Border Protection to begin collecting cash deposits from importers at that rate. The countervailing-duty investigation was initiated 2020-07-27 following a June 2020 petition by Globe Specialty Metals, Inc. and Mississippi Silicon LLC, the same domestic petitioners behind the concurrent antidumping cases against Bosnia and Herzegovina, Iceland, and Malaysia. 2019 Kazakh silicon metal imports subject to the case were valued at approximately $14.9 million.

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 Department of Pharmaceuticals notified the Production Linked Incentive (PLI) Scheme for Promotion of Domestic Manufacturing of Critical Key Starting Materials (KSMs), Drug Intermediates (DIs) and Active Pharmaceutical Ingredients (APIs) on 21 July 2020 via Gazette Notification, with an outlay of Rs 6,940 crore (~USD 920m) over FY 2020-21 to FY 2027-28. The scheme covers 41 identified critical bulk-drug products across four target segments — fermentation-based (Key Fermentation; Niche Fermentation) and chemical synthesis-based (Key Chemical Synthesis; Niche Chemical Synthesis) — paying 20% incentive on incremental sales for fermentation-based products (years 1-4) tapering to 15% (year 5) and 5% (year 6), and a flat 20% over 5 years for chemically-synthesised products. The stated objective is to reduce India's ~70% bulk-drug import dependence on China by establishing greenfield domestic manufacturing capacity with at least 90% domestic value addition for fermentation products and 70% for chemical-synthesis products.

Finland's parent foreign-direct-investment screening statute. Laki ulkomaalaisten yritysostojen seurannasta (172/2012) — originally enacted in 2012 to replace the 1992 act — was comprehensively amended by Act 682/2020, which entered into force 11 October 2020 to align Finnish national procedure with EU Regulation 2019/452 establishing the EU FDI cooperation mechanism. The Act establishes (i) mandatory ex-ante notification to the Ministry of Economic Affairs and Employment (TEM) for non-EU/EEA acquisitions of Finnish entities producing or supplying defence equipment, dual-use goods, or products/services critical to functions vital to society, and (ii) voluntary notification for any acquisition of a Finnish company with "critical interests for securing societal vital functions." Foreign-owner triggers apply at 10%, one-third, and 50% of voting rights or equivalent influence. TEM is designated the Finnish FDI contact point under Reg 2019/452. Confirmation is granted by TEM unless a key national interest is endangered, in which case the matter is referred to a Government plenary session (Valtioneuvoston yleisistunto); a denied transaction obliges the foreign owner to dispose of the shares within a stated period.

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.

The Union Cabinet approved the Production Linked Incentive (PLI) Scheme for Large Scale Electronics Manufacturing on 21 March 2020, with the scheme notified in the Gazette of India on 1 April 2020. Total outlay: Rs 40,995 crore (~$5.5bn) over five years. The scheme extends incentives of 4% to 6% on incremental sales (over FY 2019-20 base year) to eligible companies manufacturing mobile phones (invoice value >= Rs 15,000) and specified electronic components including ATMP units. Approved beneficiaries include Samsung, Foxconn, Wistron, Pegatron, and Indian firms Dixon, Lava, and Bhagwati (Micromax).