Industrial Policy & Trade Monitor· 2665 actions· ✨ 90 recent

BIS published an interim final rule on 5 October 2020 implementing multilateral export controls on six emerging technology categories agreed at the December 2019 Wassenaar Arrangement Plenary meeting, revising Commerce Control List ECCNs 2B001, 3D003, 3E004, 5A004, 5D001, and 9A004. The six technologies are: hybrid additive-manufacturing/CNC machine tools; computational lithography software for extreme-ultraviolet (EUV) mask fabrication; wafer-finishing technology for 5 nm-node production; digital forensics tools that circumvent device authentication to extract raw data; software for monitoring and analysis of communications acquired from a handover interface; and sub-orbital craft. As the first of two US implementing actions for the 2019 Wassenaar Plenary, this rule elevated nascent commercial technologies into permanent CCL classifications enforceable against all non-EAR99 destinations.

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.