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

China's State Council Tariff Commission published its annual "2023 Tariff Adjustment Plan" (税委会公告2022年第11号) on 28 December 2022, effective 1 January 2023. Alongside routine import-side changes (provisional-rate cancellations reverting some goods to MFN rates, and an eighth-step MFN cut on 62 information-technology products from 1 July 2023), the plan raises export tariffs on aluminum and aluminum alloy to support "transformation, upgrading and high-quality development" of the domestic industry. Global Trade Alert logs this export-tax increase as the "certainly harmful" intervention within the bundled state act; a separate import-tariff cut is logged as liberalising.

OFAC published an interim final rule creating 31 CFR Part 599 to implement Executive Order 14059 (December 15, 2021), which declared a national emergency regarding the unusual and extraordinary threat posed by the global illicit drug trade, including fentanyl and synthetic opioid trafficking. The regulations establish blocking prohibitions, SDN List designation procedures, and enforcement mechanisms targeting foreign persons who materially contribute to international drug proliferation. OFAC stated it would supplement this interim rule with more comprehensive final regulations covering licensing, reporting, and penalty procedures.

On 20–21 December 2022 OFAC published two final rules (87 FR 78470 and 87 FR 78484) amending regulations across more than 30 sanctions programs to add general licenses (GLs) authorising four categories of humanitarian activity: (1) certain NGO transactions for disaster relief, health, democracy support, education, environmental protection, and peacebuilding; (2) provision of agricultural commodities, medicine, medical devices, replacement parts, and software updates for medical devices to blocked persons for personal, non-commercial use; (3) US government official-business transactions; and (4) official-business transactions of designated international organisations (e.g. UN, ICRC). The rules amended 29 CFR parts spanning Nicaragua, Iraq, Somalia, South Sudan, Yemen, and more than two dozen other sanctioned programs. The NGO GL excludes knowing fund transfers to blocked persons unless specified criteria are met, preserving the core blocking perimeter while lowering humanitarian-access friction.

On 8 December 2022 the Thai Board of Investment issued Announcement No. 8/2565 "Policies and Criteria for Investment Promotion", setting Thailand's five-year (2023-2027) horizontal investment-promotion strategy. The Announcement entered into force from 8:30 a.m. on 3 January 2023 and applies to all investment-promotion applications filed with the BOI from that date. The strategy reorients Thailand's investment regime around three core concepts — (i) innovation, technology and creativity, (ii) competitiveness and rapid adaptability, and (iii) inclusiveness, including environmental and social sustainability — and is operationalised through seven pillars: industrial transition to BCG (Bio-Circular-Green) / smart industries, regional-hub positioning (EV, electronics, food, medical, aviation, automation), supply-chain strengthening, technology upgrading, SME competitiveness, sustainable development, and BCG-economy alignment. Incentives are structured into Group A (corporate-income-tax exemption for 3-13 years, with Group A1+ activities — frontier-technology semiconductors, advanced biotech, certain EV components — receiving up to 10-13 years CIT exemption with no cap) and Group B (non-tax incentives only). Fundamental eligibility criteria carried over from prior regimes: minimum THB 1 million investment, new-machinery requirement, 20% annual revenue-growth projection, and a 3:1 debt-to-equity threshold. The 8 December 2022 release was accompanied by 16 additional implementing announcements (Announcements 9/2565 to 24/2565) covering specific activity lists and merit-based incentives. This is the umbrella framework under which Thailand's subsequent sector-specific BOI instruments operate — the EV 3.5 package (2023-12-19, effective 2024-01-01), the EV Board HEV manufacturing excise incentives (2024-07-26), and the National Semiconductor and Advanced Electronics Industry Strategy (2026-01-07) all sit inside this 2023-2027 investment-promotion regime.

The Bureau of Industry and Security added 24 entities across 26 entries to the Entity List, effective December 8, 2022, covering Latvia, Pakistan, Russia, Singapore, Switzerland, and the United Arab Emirates. Three distinct enforcement clusters are addressed: Russian defense-electronics firms and their foreign affiliates supporting Russia's military-industrial base post-Ukraine invasion; Singapore-based front companies that supplied controlled items to PASNA, an Iran-based Specially Designated National; and Pakistani and Emirati entities engaged in unsafeguarded nuclear activities and ballistic-missile proliferation. One entity (Safe Technical Supply Co., LLC) was simultaneously removed from three entries covering Oman, Saudi Arabia, and the UAE.

Regulation (EU) 2022/2065 on a Single Market For Digital Services (Digital Services Act, DSA) was adopted by the European Parliament and Council on 19 October 2022, published in OJ L 277 on 27 October 2022, entered into force on 16 November 2022, and applied in full from 17 February 2024 (with VLOP/VLOSE obligations applying from 25 August 2023 following the Commission's initial designation letters of February 2023). The DSA establishes a graduated intermediary-liability and platform-safety framework covering all online intermediaries serving EU users, with the heaviest obligations falling on designated Very Large Online Platforms (VLOPs, ≥45m monthly active EU users) and Very Large Online Search Engines (VLOSEs): systemic-risk assessments, annual independent audits, vetted-researcher data access, recommender-system transparency, online-advertising transparency, and crisis-response cooperation mechanisms under Commission coordination. The European Commission holds exclusive enforcement authority over VLOPs and VLOSEs, with fines up to 6% of global turnover. The DSA is the structural twin-pillar to the Digital Markets Act (Reg (EU) 2022/1925): the DMA governs ex-ante competition obligations on designated gatekeepers; the DSA governs ex-post intermediary-liability, content-moderation, and platform-safety obligations across all online intermediaries.

The Bureau of Industry and Security (BIS) Office of Antiboycott Compliance amended Supplement No. 2 to Part 766 of the Export Administration Regulations to update penalty determination guidance for administrative enforcement cases involving antiboycott violations. The rule recategorizes violations — Category A now contains only the most serious violations with penalties beginning at the statutory maximum — and eliminates "no admit/no deny" settlements, requiring all settlement agreements to include admissions of fact. The changes apply to all US persons subject to antiboycott provisions, principally those receiving or complying with requests tied to the Arab League boycott of Israel.

The Bureau of Industry and Security (BIS) added 31 Chinese entities — including Yangtze Memory Technologies Co., Ltd. (YMTC), China's largest NAND flash manufacturer — to the Unverified List (UVL), suspending license exceptions and requiring end-user statements for all EAR-controlled items destined to these parties. BIS simultaneously removed nine Chinese entities previously on the UVL after successfully completing end-use checks. The rule also established a new 60-day UVL-to-Entity-List escalation clock and clarified that sustained host-government obstruction of end-use checks constitutes independent grounds for Entity List designation — a structural enforcement change aimed at closing China's pattern of blocking BIS post-shipment verification visits.

Regulation (EU) 2022/1925 of the European Parliament and of the Council of 14 September 2022 on contestable and fair markets in the digital sector (Digital Markets Act, DMA) was published in OJ L 265 on 12 October 2022, entered into force on 1 November 2022, and applied for the most part from 2 May 2023. The DMA establishes an ex-ante competition framework imposing binding obligations and prohibitions on designated "gatekeepers" operating Core Platform Services (CPS) in the EU — covering search engines, social-networking services, video-sharing platforms, number-independent interpersonal communications, operating systems, web browsers, virtual assistants, cloud computing, online intermediation services, and online advertising. The European Commission designated six gatekeepers on 6 September 2023 (Alphabet, Amazon, Apple, ByteDance, Meta, Microsoft); full compliance with all obligations was required by 7 March 2024. Subsequent designations added Booking.com (May 2024) and Apple iPadOS (April 2024). The DMA functions as the EU's structural anchor for ex-ante digital competition regulation, closing the enforcement gap left by ex-post competition law (Articles 101–102 TFEU) where market-tipping dynamics make remedies ineffective after the fact.

OFAC final rule (FR Doc 2022-12445, 87 FR 35068) amending the Cuban Assets Control Regulations at 31 CFR Part 515 to implement elements of the Biden administration's May 16, 2022 Cuba policy announcement supporting the Cuban people. The rule reinstates the group people-to-people educational travel general license (suspended under the Trump administration) for organizations sponsoring exchanges that promote meaningful contact with Cubans and support civil society; removes the $1,000 quarterly limit on family remittances to close relatives in Cuba; authorizes donative remittances to Cuban nationals not affiliated with the government or Communist Party; and expands authorizations for professional meetings and conferences in Cuba. Effective June 9, 2022.

On 21 April 2022 the UK announced import bans on Russian silver, wood products and other high-value goods (incl. caviar), alongside a 35-point tariff increase on selected Russian and Belarusian goods. The ban was legislated by the Russia (Sanctions) (EU Exit) (Amendment) (No. 10) Regulations 2022 (SI 2022/689, made 20 June, in force 23 June 2022), which inserted a new Schedule 3D ("revenue generating goods") and prohibitions 46T-46W: import of Schedule 3D goods originating in or consigned from Russia, their acquisition, supply/delivery into the UK and related technical assistance are prohibited, subject to Part 7 exceptions and licences. Schedule 3D covers all of HS chapter 44 (wood and articles of wood; wood charcoal), HS 7106 silver, plus e.g. caviar, cement, potassium chloride and NPK fertilisers, pulp and kraft paper, glass, and aluminium plate.

On 8 April 2022 the Council of the European Union adopted Regulation (EU) 2022/576, further amending Regulation (EU) No 833/2014 (the fifth package of measures against Russia). It bans imports of Russian coal and other solid fossil fuels, wood, cement, rubber, fertilisers, high-end seafood and spirits; bans exports to Russia of jet fuel, quantum computers, advanced semiconductors, high-end electronics and sensitive machinery; bars Russian and Belarusian road-freight operators from EU territory; and closes EU ports to Russian-flagged vessels. It entered into force on 9 April 2022, the day after publication in the Official Journal (OJ L 111).

On 16 March 2022 the Swiss Federal Council adopted a total revision of the Ordinance on Measures against Belarus (SR 946.231.116.9), aligning Switzerland's autonomous sanctions with the EU's Belarus regime. It bans imports of Belarusian petroleum products, potassium chloride ("potash"), wood, iron and steel, and cement and rubber products; bans exports of goods used to manufacture or process tobacco products, weapons, surveillance equipment, and goods usable for Belarus's military or security development; and imposes financial sanctions including a ban on public financing for trade with or investment in Belarus, restrictions on securities/loans/ deposits, a prohibition on transactions with the National Bank of the Republic of Belarus, and exclusion of listed Belarusian banks from SWIFT. The ordinance entered into force on the day it was adopted.

On 2 March 2022 the Council of the European Union adopted Regulation (EU) 2022/355, amending Regulation (EC) No 765/2006 concerning restrictive measures in view of the situation in Belarus. It bans importing, purchasing or transporting products originating in or exported from Belarus in wood (Annex X), cement (Annex XI), iron and steel (Annex XII) and rubber (Annex XIII), and extends restrictions to potassium chloride ("potash"), tobacco and mineral products, plus a ban on exporting dual-use goods, machinery (Annex XIV) and goods usable for Belarus's military or security development. The measure responds to Belarus's active facilitation of Russia's invasion of Ukraine. It entered into force the day after publication in the Official Journal (OJ L 67, 2 March 2022), i.e. 3 March 2022, with a wind-down period to 4 June 2022 for pre-existing contracts.

The Bureau of Industry and Security (BIS) amended the Export Administration Regulations (EAR) on 8 February 2022 to add 33 persons — all based in China — to the Unverified List (UVL) under EAR §744.15(c), on the basis that BIS could not satisfactorily complete end-use checks for these entities for reasons outside US Government control. Placement on the UVL bars exporters from using any EAR license exception when shipping controlled items to listed parties and requires exporters to obtain a certified UVL Statement from the entity or secure a BIS export licence. Sectors represented include semiconductor manufacturing equipment, optoelectronics, UAVs, specialty chemicals, and biotechnology.

FinCEN published a final rule on January 24, 2022 (87 FR 3729) adjusting the maximum civil monetary penalties (CMPs) for Bank Secrecy Act (BSA) violations under 31 CFR § 1010.821, 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 2022 multiplier is 1.06222, reflecting the October 2020 → October 2021 CPI-U change per OMB Memorandum M-22-07 of December 15, 2021 — the same unusually large ~6.2% inflationary adjustment applied across all federal agency CMP schedules that cycle. The largest single-penalty ceiling rises to $1,556,481 (due-diligence and special-measures violations under 31 U.S.C. § 5321(a)(7)).