Industrial Policy & Trade Monitor· 2663 actions· ✨ 89 recent

At the APEC Busan summit on 30 October 2025, Presidents Trump and Xi reached the "Economic and Trade Arrangement Between the United States and the People's Republic of China," subsequently implemented on the US side by the executive order "Modifying Reciprocal Tariff Rates Consistent with the Economic and Trade Arrangement" (issued 4 November 2025; effective 12:01 am EST on 10 November 2025; published in the Federal Register on 7 November 2025 as 90 FR 50729 / 2025-19826) and on the Chinese side by a series of MOFCOM and State Council Tariff Commission announcements (notably MOFCOM 2025 No. 90 of 8–9 November 2025). The arrangement is structurally parallel to the already-filed US-Japan, US-Korea and US-Taiwan framework deals but uniquely material because it freezes the highest-stakes bilateral tariff and export-control confrontation of the post-2024 reset. Core US commitments: (i) reciprocal-tariff "additional ad valorem rate of duty" on PRC-origin goods reduced from a prior 20% IEEPA-fentanyl + 10% IEEPA-reciprocal stack to a 10% rate (i.e., the prior 24% / 34% scheduled escalation is suspended), extended through 10 November 2026; (ii) US BIS suspends the so-called "affiliates rule" expanding entity-list controls to majority-owned subsidiaries of listed Chinese firms; (iii) USTR pauses Section 301 maritime / shipbuilding / logistics countermeasures against Chinese vessels for one year. Core PRC commitments: (i) MOFCOM suspends for one year (until 10 November 2026) the 9 October 2025 extraterritorial rare-earth export-control package — including controls on REE processing equipment, lithium-battery manufacturing equipment, and superhard materials; (ii) PRC suspends retaliatory tariffs on a broad swath of US agricultural products through 31 December 2026; (iii) commitment to purchase ≥25 million metric tonnes of US soybeans annually in 2026-2028 and to resume sorghum and log imports; (iv) suspension of MOFCOM antitrust and "unreliable-entity" probes against named US semiconductor and chip-equipment companies; (v) cooperation on fentanyl precursor enforcement. The arrangement does not repeal underlying authorities (IEEPA tariffs, MOFCOM export-control list, Entity List) — it is a calibrated mutual freeze with a one-year sunset and quarterly review checkpoints.

H.R.1, the "One Big Beautiful Bill Act" (Public Law 119-21), was signed into law by President Trump on 4 July 2025. The budget-reconciliation statute is the single largest reversal of the 2022 Inflation Reduction Act (IRA) industrial-policy framework: it accelerates the termination of IRA-era clean- energy tax credits and overlays a new "Foreign Entity of Concern" (FEOC) / "Prohibited Foreign Entity" (PFE) regime on the credits that survive. The §25E used-EV credit, the §30D new clean-vehicle credit, the §45W commercial clean-vehicle credit, and the §30C alternative-fuel-refueling-property credit terminate for vehicles or property placed in service after 30 September 2025. The §25C energy-efficient home improvement credit and the §25D residential clean-energy credit terminate for property placed in service after 31 December 2025. The §45Y clean-electricity production credit and §48E clean-electricity investment credit are eliminated for wind and solar facilities placed in service after 31 December 2027, with a safe harbour for projects whose construction begins on or before 4 July 2026. From 1 January 2026, projects beginning construction must satisfy "material assistance" thresholds limiting the share of components, subcomponents and critical minerals sourced from prohibited foreign entities (PRC, Russia, Iran, DPRK and entities controlled by them). For §45Y/§48E facilities the threshold starts at 40% non-PFE content in 2026 and steps up by 5 percentage points per year through 2030; for §45X advanced manufacturing PTC the analogous schedule begins at 50% in 2026 and rises through the decade. CBO scored the package's energy-credit terminations as generating roughly USD 280bn of revenue (gross), of which USD 77.4bn from §25D termination, USD 21.2bn from §25C, USD 77.8bn from §30D, USD 104.5bn from §45W, and USD 2bn from §30C, partially offsetting the bill's other tax cuts. The bill simultaneously re-authorises and broadens the §48D advanced manufacturing investment tax credit for semiconductor fabs, raising the credit rate from 25% to 35% for property placed in service after 31 December 2025 (preserving the CHIPS Act-aligned semiconductor leg of the IRA-era stack). The OBBBA therefore reshapes the IRA from a broad-based clean-energy + EV + manufacturing pull-through into a narrower, China-decoupling industrial policy concentrated on semiconductors and (residually) §45X battery / critical- mineral processing.

Mauritania enacted Loi n°2024-037 — the world's first standalone national Green Hydrogen Code — creating a dedicated legal and fiscal framework for the development, production, export and processing of green hydrogen and its derivatives (green ammonia, green methanol, green steel). The law establishes the Agence Mauritanienne pour l'Hydrogène Vert (AMHV) as regulator and one-stop-shop for project licences, grants comprehensive fiscal incentives including full VAT exemption on equipment imports and zero export tax on hydrogen exports, and provides a 30-year fiscal-stability undertaking to qualifying investors. The Code underpins a cumulative project pipeline estimated at USD 40 billion and positions Mauritania as the lead jurisdiction for the proposed Mauritania-EU green-hydrogen export corridor under the CBAM-compatible flag.

Loi n°016-2024/ALT was unanimously adopted by Burkina Faso's Assemblée Législative de Transition on 18 July 2024 and promulgated on 31 July 2024 under the Traoré military-transition government. The 309-article statute replaces Loi n°036-2015/CNT (26 July 2015) and its amendment Loi n°012-2023/ALT (25 July 2023), and is the central legal vehicle for the junta's resource-nationalism agenda. Headline structural changes raise the state's free-carried interest in any new mining venture from 10% to 15% (Article 66) and grant an additional ~30% paid-participation right that may be exercised by the state or a state-mandated investor; mineral processing and sales — notably gold — now require prior administrative authorization; domestic-investor capital-opening, local content, and overproduction penalties are strengthened. Four implementing decrees (mining-title procedures, mining taxes/royalties, sector-approval conditions, capital opening to national investors) were under validation as of October 2024 and are required for full effect.

Décret n°2024-0396/PT-RM of 9 July 2024 fixes the conditions and modalities for applying Loi n°2023-040 of 29 August 2023 (the new Code Minier of the Republic of Mali). The decree, adopted in Council of Ministers on 3 July 2024 and signed by the transition presidency, operationalises the 2023 statute that replaces the 2019 mining code (Loi n°2019-022). The new framework raises maximum cumulative state-plus-Malian-private participation in mining ventures to roughly 30–35% (10% free-carry to the state, plus an additional 20% paid participation right and 5% reserved to local private investors), reshapes the fiscal regime (royalties, taxes, exemptions) for new permits and conventions, and pairs with companion local-content Loi n°2023-041 of the same date. The 2024 implementing decree is the operative trigger date for downstream investor disputes (Barrick Loulo-Gounkoto suspension, B2Gold Fekola contract renegotiations, Allied Gold Sadiola, Ganfeng Goulamina lithium ramp).

The Protecting Americans from Foreign Adversary Controlled Applications Act (PAFACA), enacted as Division H of P.L. 118-50 (21st Century Peace through Strength Act), prohibits app stores and internet hosting services from distributing, maintaining, or updating "foreign adversary controlled applications" — defined explicitly to include ByteDance Ltd and its subsidiaries (TikTok). ByteDance was given 270 days from enactment (until January 19, 2025) to execute a "qualified divestiture" — selling TikTok to an owner with no operational relationship with a foreign adversary — or face a nationwide distribution ban. The Supreme Court unanimously upheld the law's constitutionality in TikTok, Inc. v. Garland (January 17, 2025), rejecting First Amendment challenges and affirming the national-security rationale grounded in data-collection concerns.

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.

The Inflation Reduction Act (Public Law 117-169), signed by President Biden on 16 August 2022, contains the largest single package of clean-energy and clean-manufacturing subsidies in US history — Congressional Budget Office scored the energy and climate provisions at $369B over 10 years, with subsequent Treasury / academic estimates reaching $800B-$1.2T as uptake exceeded baseline. Core mechanisms include the Section 30D Clean Vehicle credit ($7,500 per qualifying EV), the Section 45X Advanced Manufacturing Production Credit (per-unit credits for domestically-produced battery cells, modules, electrodes, and critical-mineral processing), the Section 48E Clean Electricity Investment Credit, and the Section 45V Clean Hydrogen Production Credit. Critically, the law contains Foreign Entity of Concern (FEOC) provisions barring credit eligibility for vehicles or components linked to entities controlled by China, Russia, Iran, or North Korea.

The Personal Information Protection Law of the People's Republic of China (中华人民共和国个人信息保护法 — PIPL) was adopted at the 30th meeting of the 13th NPC Standing Committee on 20 August 2021 and entered into force on 1 November 2021, constituting the third and final pillar of China's cybersecurity and data-governance regulatory trinity alongside the Cybersecurity Law (2016) and the Data Security Law (2021). The PIPL is China's comprehensive personal-information statute establishing consent-based and necessity-based legal bases for PI processing, a tiered cross-border personal-data transfer regime (CAC security assessment / PI protection certification / Standard Contractual Clauses), extraterritorial application (Art. 3) to non-Chinese controllers offering services to or analysing the behaviour of PRC residents, and a heightened protection regime for sensitive personal information and data of minors under 14. It mandates data-protection impact assessments, personal-information-protection-officer obligations at designated handlers, breach notification, and a full suite of data-subject rights including access, rectification, deletion, portability, objection, and automated- decision-making opt-out. Article 53 requires overseas controllers to establish a domestic representative or designated entity in China, providing a domestic enforcement counterparty.

The Data Security Law of the People's Republic of China (中华人民共和国数据安全法) was adopted at the 29th meeting of the 13th NPC Standing Committee on 10 June 2021 and entered into force on 1 September 2021, constituting the second pillar of China's cybersecurity and data-governance regulatory trinity alongside the Cybersecurity Law (2016) and the Personal Information Protection Law (2021). The DSL establishes a tiered data-classification regime — "important data" and "national core data" — with escalating security obligations including risk assessment, risk monitoring, breach reporting, and classified-protection requirements for data handlers. It introduces a data-export security review for "important data" generated or collected within China, the statutory parent authority operationalised by the 2024 CAC Cross-Border Data Flow Provisions, and enacts a §36 blocking statute prohibiting Chinese organisations and individuals from transferring data stored in China to foreign judicial or law-enforcement authorities without prior PRC government approval.

Indonesia accelerated the implementation of its raw nickel ore export ban, originally scheduled for 2022, to take effect on 1 January 2020. Announced 30 August 2019 by Minister Ignasius Jonan via ESDM Regulation No. 11/2019, the ban prohibits the export of nickel ore with grades below 1.7% Ni (effectively all Indonesian saprolite and limonite ore that previously flowed to Chinese stainless-steel and ferronickel mills) and forces ore to be processed domestically into intermediate products (nickel pig iron, ferronickel, mixed hydroxide precipitate, nickel sulfate). The policy is part of the long-running "hilirisasi" (downstream-isation) strategy and was the trigger for the >$30B wave of Chinese-led nickel- processing investment in Sulawesi (Morowali, Weda Bay) that has since made Indonesia the dominant global nickel producer.

The Cybersecurity Law of the People's Republic of China (中华人民共和国网络安全法) was adopted at the 24th meeting of the 12th NPC Standing Committee on 7 November 2016 and entered into force on 1 June 2017, establishing the foundational legal framework for network security governance across all sectors. The law creates the Critical Information Infrastructure Operator (CIIO) designation and protection regime administered by the Cyberspace Administration of China (CAC), mandates data localisation for personal information and important data collected or generated by CIIOs in China, and establishes cross-border data-transfer security assessment requirements under Article 37 — the provision later operationalised by DSL 2021, PIPL 2021, and the 2024 CAC Cross-Border Data Flow Provisions. The CSL introduced multi-level protection scheme (等级保护制度 / MLPS) obligations for all network operators and network-product/service security-review procedures, under which CAC triggered the cybersecurity review of Didi Global in 2021 and the exclusion of Micron's products from Chinese critical-infrastructure projects in 2023.

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.

The Defense Production Act of 1950 (Pub. L. 81-774, 64 Stat. 798, codified at 50 U.S.C. §§4501–4568) is the foundational US statute governing wartime and emergency industrial mobilization. Signed by President Truman on 8 September 1950 during the Korean War, the Act empowers the President to compel industrial priority-rated ordering (Title I / DPAS), authorize direct investment in domestic production capacity for critical industries (Title III), and conduct investment security review (Title VII, precursor to CFIUS). Reauthorized approximately 50 times, most recently extended through September 2025 by Pub. L. 115-263 (2018) and further extended under NDAA FY2026; it has been invoked by every Administration since 1950 and has accelerated dramatically since 2020 to target critical-minerals processing, semiconductor manufacturing, battery supply chains, biopharmaceuticals, and energy infrastructure.