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

On 2 April 2026 President Trump issued a Presidential Proclamation under Section 232 of the Trade Expansion Act of 1962 ("Adjusting Imports of Pharmaceuticals and Pharmaceutical Ingredients into the United States") imposing a 100% ad valorem tariff on imports of patented pharmaceutical products listed in the FDA Orange Book and Purple Book, together with the active pharmaceutical ingredients (APIs) and key starting materials used to make them. The base rate takes effect at 12:01 a.m. EDT on 31 July 2026 for the 17 manufacturers identified in Annex III, and on 29 September 2026 for all other companies. The proclamation adopts findings of the Section 232 investigation initiated by the Department of Commerce on 14 April 2025 into pharmaceuticals and APIs as a national- security supply-chain risk. The instrument is structured around a multi-tier rate ladder rather than a flat tariff: concessionary 15% rates for EU/Japan/South Korea/Switzerland/Liechtenstein under reciprocal-deal tracks, 10% for the UK with a pathway to 0% under the pending UK pharmaceutical agreement, a "+20%" surcharge for companies operating under a Commerce-approved onshoring plan (until 2 April 2030), and a 0% pathway for companies that combine an approved onshoring plan with an MFN-pricing agreement with HHS (until 20 January 2029). Generics, biosimilars and their ingredients, orphan drugs, nuclear medicines, plasma-derived therapies, fertility treatments, and cell/gene therapies are carved out.

On 4 February 2025, President Donald J. Trump signed National Security Presidential Memorandum/NSPM-2, "Imposing Maximum Pressure on the Government of the Islamic Republic of Iran, Denying Iran All Paths to a Nuclear Weapon, and Countering Iran's Malign Influence." The memorandum reimposes the first- term "maximum pressure" framework, directing the Secretaries of State and Treasury and the Attorney General to (i) drive Iran's exports of crude oil and petroleum products — including to the People's Republic of China — to zero; (ii) review and modify or rescind sanctions waivers and general licences (notably the Chabahar port waiver benefiting India); (iii) sanction shadow-fleet vessels, intermediaries, refineries (including PRC "teapot" refiners) and oil traders facilitating Iranian energy exports; and (iv) lead a diplomatic isolation campaign including a snapback of UN Security Council sanctions under JCPOA Resolution 2231 paragraph 11. Since promulgation, OFAC has designated 1,000+ Iran-related persons, vessels and aircraft and four PRC independent ("teapot") refiners alleged to have processed sanctioned Iranian crude. The DOJ is also directed to pursue impoundment of Iranian oil cargoes and seizure of Iranian assets to satisfy US-court terrorism-victim judgments.

Premier Li Qiang signed State Council Decree No. 792 on 19 October 2024 promulgating the Regulations of the People's Republic of China on Export Controls for Dual-Use Items, with effect from 1 December 2024. The regulation, organised in six chapters and 50 articles, consolidates the previously fragmented nuclear / biological / chemical / missile dual-use control regimes into a single State Council framework operationalising the 2020 Export Control Law. It introduces a control-list / temporary-control / watchlist architecture, a statutory end-user / end-use commitment regime, transit / transhipment / re-export controls, extraterritorial reach over PRC items downstream, and explicit linkage to the Anti-Foreign Sanctions Law. On 15 November 2024 MOFCOM, MIIT, GAC and SCA jointly issued Announcement No. 51 of 2024 publishing the consolidated Dual-Use Items Export Control List with a unified five-character ECCN-style coding system, also effective 1 December 2024.

The National Security and Investment Act 2021 (c.25), receiving Royal Assent on 29 April 2021 and entering full force on 4 January 2022, created the UK's first standalone investment-screening regime, separating national-security review from the Competition and Markets Authority merger-control process. The Act empowers the Secretary of State to call in any acquisition of "control or influence" over a qualifying entity or asset on national-security grounds, and designates 17 sensitive sectors in which acquisitions crossing 25%/50%/75% share-or-voting-rights thresholds (or material influence) require mandatory pre-completion notification to the Investment Security Unit (Cabinet Office); completion before clearance is void and criminal sanctions of up to 5 years imprisonment apply to non-notifying parties. The Act is the structural peer of US CFIUS/FIRRMA (2018), EU Regulation 2019/452, Germany AWG §§55–62, France Décret 2014-479, Netherlands Wet Vifo, and the broader allied FDI-screening parent-statute lattice, and the enabling statute under which all UK mandatory-notification schedule amendments operate.

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.

The Foreign Investment Promotion Act (FIPA), Act No. 5559, is the foundational statute governing all inbound foreign direct investment into the Republic of Korea. Enacted 16 September 1998 by the National Assembly under President Kim Dae-jung as part of IMF-conditionality-driven economic-liberalisation reforms following the 1997 Asian Financial Crisis, it replaced the 1966 Foreign Capital Inducement Act (외자도입법). FIPA establishes the MOTIE-chaired Foreign Investment Committee, the Invest Korea (KOTRA) operational arm, and national-security/public-order restrictions on FDI in sensitive industries under Article 4 — the primary legal authority for all inward-FDI screening, conditional-approval, and prohibition decisions. It also creates the Foreign Investment Zone (FIZ) and Cash Grant Programme incentive architecture that continues to underpin major semiconductor and EV-battery FDI into Korea.

South Korea's Foreign Trade Act (대외무역법, Act No. 5211, enacted 31 December 1986 and repeatedly amended) is the foundational statutory framework of the Republic of Korea's foreign trade and export-control regime. It establishes the Ministry of Trade, Industry and Energy (MOTIE) as the administering authority for foreign trade policy and empowers it to designate strategic items, issue and revoke export licences, operate catch-all controls over non-listed goods destined for WMD-development end-uses, and coordinate with the Nuclear Suppliers Group-administered National Security Authority for Strategic Commerce (NSASC) on Category-0 nuclear items and the Defence Acquisition Programme Administration (DAPA) on military goods. Every MOTIE strategic-items notification (the "Public Notice on Export and Import of Strategic Materials," currently encompassing Categories 1-9 dual-use items harmonised with Wassenaar, MTCR, AG, and NSG) and every MOTIE outbound-investment screening measure derives its legal authority from the Act.