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

The U.S. Bureau of Industry and Security (BIS) added seven Chinese supercomputing entities to the Entity List, imposing a license requirement covering all items subject to the Export Administration Regulations (EAR) with a presumption of denial. The entities were designated for procuring and building supercomputers used by China's military actors, supporting China's military modernization, and aiding the development of weapons of mass destruction (WMD) and hypersonic weapons programs. This was the Biden administration's first Entity List action targeting China's supercomputing sector.

The Bureau of Industry and Security (BIS) amended the Export Administration Regulations (EAR) on April 9, 2021 to extend military-intelligence end-use and end-user controls to Burma (Myanmar) and to apply U.S.-person activity prohibitions to Burma's military-intelligence entities — specifically the Office of Chief of Military Security Affairs (OCMSA) and the Directorate of Signal. The rule also corrected technical errors introduced by BIS's January 15, 2021 interim final rule (FR Doc 2021-01879), which had originally established the military-intelligence end-use and end-user control framework covering China, Cuba, Iran, North Korea, Russia, Syria, and Venezuela. The addition of Burma responded directly to the February 1, 2021 SAC military coup and the Burmese military's use of surveillance technology to oppress civil society, restrict internet access, and imprison protesters.

Indonesia's Ministry of Trade issued Regulation (Permendag) No. 18 of 2021 on 1 April 2021, establishing an omnibus schedule of goods prohibited from export and goods prohibited from import. Global Trade Alert logs the measure as bundling an export ban and an import ban that took effect 19 November 2021, with tracked coverage spanning precious and semi-precious stones/metals, jewellery and related articles, and fertilizers/pesticides. The regulation consolidated and repealed several prior prohibited- goods instruments. It was later superseded by Permendag No. 47 of 2025.

On 1 April 2021, President Biden signed Executive Order 14022 terminating the national emergency declared by Trump EO 13928 (June 2020) that had authorised IEEPA-based asset-blocking sanctions against persons associated with the International Criminal Court (ICC). Following that termination, OFAC published a final rule effective 6 July 2021 (FR doc 2021-14337) striking 31 CFR Part 520 — the International Criminal Court-Related Sanctions Regulations — in full from the Code of Federal Regulations. No individual designations had been made under the program before its removal, and the administration concluded that financial sanctions were "not an effective or appropriate strategy" for addressing concerns about ICC jurisdiction over US personnel.

BIS amended the Commerce Control List (CCL) under the Export Administration Regulations (EAR) to implement decisions agreed at the December 2019 Wassenaar Arrangement Plenary meeting, revising 22 ECCNs across nine CCL categories — including nuclear and conventional arms-related items, materials, manufacturing equipment, semiconductors, laser/sensor systems, and aerospace. The rule harmonises US controls with those of Wassenaar Participating States, maintaining competitive parity among allied exporters while preserving national-security licensing for non-partner destinations. Separately, the rule eliminated email notification and self-classification reporting obligations for most mass-market encryption products and publicly available encryption source code, reducing associated compliance submissions by an estimated 60–80%.

On 24 March 2021, Canada's Minister of Innovation, Science and Industry (François-Philippe Champagne) issued updated guidelines on the National Security Review of Investments under the Investment Canada Act. The revised guidelines (superseding 2016 guidance) identify four areas of heightened national-security concern in foreign direct investment review: sensitive personal data, sensitive technology, critical minerals, and investments by state-owned or state-influenced investors. The critical- minerals designation references the 31-mineral Critical Minerals List Canada had announced two weeks earlier (11 March 2021).

On 22 March 2021, UAE Vice President and Prime Minister Sheikh Mohammed bin Rashid Al Maktoum launched Operation 300bn at Qasr Al Watan in Abu Dhabi — a 10-year national industrial strategy delivered by the newly created Ministry of Industry and Advanced Technology (MoIAT, established July 2020). The strategy targets raising the industrial sector's annual GDP contribution from AED 133bn (~USD 36bn) to AED 300bn (~USD 82bn) by 2031, lifting R&D spend from AED 21bn to AED 57bn (1.3% → 2% of GDP), and supporting more than 13,500 industrial SMEs through an AED 30bn (~USD 8.2bn) Emirates Development Bank (EDB) financing portfolio. Eleven priority sub-sectors are organised into three baskets: Stimulating Growth (food/beverage, pharmaceuticals, electrical equipment), Advanced Manufacturing (petrochemicals, rubber/plastics, machinery), and Industries of the Future (hydrogen, medical technology, space technology).

OFAC published a final rule on March 17, 2021 (86 FR 14534) adjusting the maximum civil monetary penalty (CMP) ceiling amounts across multiple statutory sanctions authorities as mandated by the Federal Civil Penalties Inflation Adjustment Act of 1990 (as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015). The 2021 adjustment reflects the October 2019 to October 2020 CPI-U change (approximately 1.2%, reflecting COVID-suppressed inflation), raising the IEEPA ceiling from $307,922 to $311,562, the TWEA ceiling from $90,743 to $91,816, and the FNKDA maximum from $1,529,991 to $1,548,075. The rule is issued as a final rule effective on publication without prior notice and comment under the non-discretionary "good cause" exemption.

The Bureau of Industry and Security (BIS) added four entities to the Entity List effective March 8, 2021 as the first BIS Export Administration Regulations (EAR) response to the February 1, 2021 Burmese military coup. The four listed entities are Burma's Ministry of Defence (MoD), Ministry of Home Affairs (MOHA), Myanmar Economic Corporation (MEC), and Myanmar Economic Holdings Limited (MEHL) — the two ministries responsible for the coup and the two military-owned commercial conglomerates that generate revenue for the Ministry of Defence. All four entities face a presumption-of-denial license review policy covering all items subject to the EAR, with no license exceptions available.

The US Bureau of Industry and Security added 14 entities across Russia, Germany, and Switzerland to the Entity List under 15 CFR Part 744, effective March 4, 2021. Ten Russian entities — including the 27th Scientific Center of the Russian Ministry of Defense (associated with Russia's chemical weapons activities) and nine members of the Chimmed Group distribution network (Chimmed Group, Femteco, Interlab, LabInvest, OOO Analit Products, OOO Intertech Instruments, Pharmcontract GC, Rau Farm, Regionsnab) — were listed for proliferation activities supporting Russia's WMD programs. Three German entities (Chimconnect GmbH, Pharmcontract GmbH, Riol-Chemie) and one Swiss entity (Chimconnect AG) were simultaneously listed as foreign-front nodes in the same procurement network. A license is required for all EAR-subject items; no license exceptions apply. The rule also corrects six pre-existing entries (one Germany, five China).

The Biden administration on 2 March 2021 determined, pursuant to the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 (CBW Act), that Russia used a Novichok-class nerve agent against opposition figure Alexei Navalny in August 2020 — the third CBW Act invocation against Russia (after Salisbury 2018 and its follow-on 2019 round). The determination triggered mandatory statutory sanctions including termination of US foreign assistance to Russia (except humanitarian aid and food/agricultural commodities), suspension of US arms and defense-article sales and export authorisations to Russia, and denial of US government credit and financial assistance. Seven Russian government officials linked to the poisoning were concurrently designated by Treasury/OFAC. The measures take effect after a mandatory 15-day congressional notification period and remain in force for at least 12 months unless Russia certifies Chemical Weapons Convention compliance and takes other required steps.

On 1 February 2021, the U.S. Department of Defense announced a USD 30.4 million Defense Production Act Title III technology investment agreement with Lynas USA LLC, the U.S. subsidiary of Australia's Lynas Rare Earths Ltd, to establish domestic light rare earth element (LREE) separation capacity in Hondo, Texas. DOD framed the award as reducing reliance on China for rare earth oxides used in defense and commercial applications; the department projected that, if the Texas facility and Lynas's Malaysian operations are completed as planned, Lynas would supply roughly 25% of world rare earth oxide demand outside China.

Czech Republic's foundational horizontal FDI screening statute. Zákon č. 34/2021 Sb., o prověřování zahraničních investic — adopted by Parliament in January 2021, published in Sbírka zákonů on 29 January 2021, and entered into force on 1 May 2021 — transposes the cooperation obligations of EU Regulation 2019/452 and creates the first cross-sector pre-clearance regime for non-EU investments into Czech firms. The Act is administered by the Ministerstvo průmyslu a obchodu (MPO) and combines (i) a mandatory ex-ante consent regime for non-EU investments acquiring ≥10% in companies producing military material, selected dual-use goods, or operating critical / critical-information infrastructure, with (ii) a discretionary ex-officio review available up to 5 years post-closing for any other "public-order or internal-security" sensitive investment. The Government decides on MPO's recommendation; remedies include conditions, prohibition, and forced divestment, with fines up to 1% of the global net turnover of the foreign investor.

On 20 January 2021, DOE's Office of Fossil Energy (now FECM), managed through the National Energy Technology Laboratory, announced Funding Opportunity Announcement DE-FOA-0002404, making USD 28.35 million available for cost-shared R&D projects developing advanced midstream processing technologies for rare earth elements and critical minerals from coal and coal by-products, for industrial and manufacturing applications. Applications were due 1 March 2021, with up to eight Phase 1 awards anticipated; no specific recipients were named at announcement.

The Bureau of Industry and Security (BIS) amended the Export Administration Regulations (EAR) to implement the State Department's December 14, 2020 rescission of Sudan's designation as a State Sponsor of Terrorism (SSOT). The rule removes Sudan from Country Group E:1 (State Sponsors of Terrorism), which had imposed a blanket denial of license exceptions and a policy of denial for most dual-use exports. Following this change, Sudan exporters may now utilise applicable EAR license exceptions and benefit from a more permissive licensing review policy, though Sudan retains arms-embargo status under Country Group D:5.

The Bureau of Industry and Security (BIS) amended the Export Administration Regulations (EAR) by adding China National Offshore Oil Corporation Ltd. (CNOOC) to the Entity List on the basis of its involvement in the PRC's unlawful maritime claims in the South China Sea and efforts to intimidate and coerce other South China Sea coastal states. In the same rule, Beijing Skyrizon Aviation Industry Investment Co., Ltd. was added to the Military End-User (MEU) List, while two Russian entities (Vsmpo-Avisma and Molot Oruzhie) were removed from the MEU List as duplicate entries. The rule took effect January 14, 2021, one day before publication in the Federal Register.

The Bureau of Industry and Security (BIS) issued an interim final rule on January 15, 2021 substantially expanding the Export Administration Regulations (EAR) Part 744 end-use and end-user control framework to cover military-intelligence entities in China, Cuba, Iran, North Korea, Russia, Syria, and Venezuela. The rule created a new license requirement for exports of ANY EAR-subject item to named military-intelligence end-users — including EAR99-classified items — and separately imposed restrictions on U.S. persons worldwide providing "support" to military-intelligence end-uses or end-users without a BIS licence. It also broadened chemical and biological weapons controls from "will directly assist" to "will support," expanding the reach of §744.4 and §744.3 on WMD-delivery systems. A technical correction published March 17, 2021 (FR Doc 2021-05623) fixed a drafting error in Instruction 9 that would have inadvertently deleted §744.3(a)(3)(i)-(ii), the rocket systems and UAV provisions.

The US Department of the Treasury's Office of Foreign Assets Control (OFAC) published abbreviated Hong Kong-Related Sanctions Regulations at 31 CFR Part 585, codifying the sanctions framework established by Executive Order 13936 of July 14, 2020 ("The President's Executive Order on Hong Kong Normalization"). The regulations prohibit all transactions with persons designated under EO 13936 — those determined to have undermined Hong Kong's autonomy or contributed to the erosion of freedoms guaranteed under the Sino-British Joint Declaration — and add designated persons to the OFAC Specially Designated Nationals (SDN) list. OFAC published the rules in abbreviated form for immediate public guidance, with intent to supplement with full interpretive guidance, general licenses, and licensing policy.

The Bureau of Industry and Security (BIS) amended the Export Administration Regulations (EAR) §742.5 to change the license review policy for a subset of MTCR Category I unmanned aerial systems (UAS). UAS that meet the Category I thresholds (payload ≥500 kg, range ≥300 km) but have a maximum true airspeed below 800 km/h will now be reviewed on a case-by-case basis under the more permissive MTCR Category II review policy, rather than under the strict Category I presumption-of-denial. The rule implements the UAS export policy announced by President Trump on 24 July 2020, and is intended to improve the commercial viability of US-made heavy subsonic UAS exports to allied customers while preserving oversight via per-licence review.

The Bureau of Industry and Security (BIS) removed three persons from the Unverified List (UVL) effective January 11, 2021 after completing successful end-use checks that verified their bona fides under §744.15(c)(2) of the Export Administration Regulations (EAR). The three removed parties are DMA Logistics GmbH (Germany), Halm Elektronik GmbH (Germany), and Integrated Production and Test Engineering / IPTE (Mexico). Removal restores eligibility for EAR license exceptions and eliminates the requirement for US exporters to obtain a signed UVL Statement before shipping items subject to the EAR to these parties.

BIS amends the Export Administration Regulations (EAR) Commerce Control List to clarify the scope of ECCN 1C991 (vaccines, immunotoxins, and related medical products containing or derived from controlled biological agents) consistent with release and exclusion notes adopted at the June 2019 Australia Group (AG) Plenary Meeting. The rule adds clarifying language specifying which vaccines and medical products fall inside versus outside the ECCN 1C991 control perimeter, ensuring that routine vaccines produced by standard manufacturing methods are properly excluded. The changes align US controls with the Australia Group Common Control Lists without introducing new country-specific restrictions or license requirements.

The Bureau of Industry and Security (BIS) amended the Chemical Weapons Convention Regulations (CWCR, 15 CFR Part 710) and Export Administration Regulations (EAR, 15 CFR Parts 712 and 745) to implement two OPCW Conference of States Parties decisions (C-24/DEC.4 and C-24/DEC.5) from November 2019. The rule adds four chemical families — two families of alkyl phosphonamidic fluorides, O-alkyl phosphoramidofluoridates, and quaternary/bisquaternary carbamates — to CWC Schedule 1(A), effective immediately upon publication. The rule also clarifies the definition of "production" in 15 CFR § 710.1 to include intermediates, by-products, and waste products generated within a defined manufacturing sequence.

The Bureau of Industry and Security (BIS) extended for one year the temporary unilateral export control on software classified as ECCN 0D521 — "software specially designed for training a Deep Convolutional Neural Network to automate the analysis of geospatial imagery and point clouds" — adding a second year of control through January 6, 2022. The extension was required because COVID-19 prevented the Wassenaar Arrangement from formally convening in 2020 to consider the US multilateral control proposal submitted that year. Only License Exception GOV (§ 740.11(b)(2)(ii)) is available; all other exports require a specific licence from BIS.