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

Switzerland's Federal Council promulgated the Verordnung über die Mindestbesteuerung grosser Unternehmensgruppen (Mindestbesteuerungsverordnung, MindStV; French: OIMin), SR 642.161, AS 2023 841, on 22 December 2023, with effect from 1 January 2024. The ordinance enacts a 15% Qualified Domestic Minimum Top-up Tax (QDMTT — Ergänzungssteuer) on Swiss constituent entities of MNE groups with consolidated annual revenue ≥ EUR 750 million, enacted under the temporary constitutional authority granted by Swiss voters in a popular referendum on 18 June 2023 (78.5% yes, Art. 129a BV). The Income Inclusion Rule (IIR) and Undertaxed Profits Rule (UTPR) were deliberately deferred to subsequent ordinance amendments, targeting FY 2025 phasing. The Swiss Federal Tax Administration (ESTV / AFC) is the administering authority; first QDMTT returns and GloBE Information Returns due 30 June 2026.

FinCEN published the Beneficial Ownership Information Access and Safeguards Final Rule (FR Doc 2023-27973, 88 FR 88732, December 22, 2023; effective February 20, 2024), implementing the access and disclosure provisions of Section 6403(c) of the Corporate Transparency Act (CTA) enacted as part of the Anti-Money Laundering Act of 2020. The rule defines six categories of authorized recipients permitted to access the FinCEN BOI database — US federal agencies engaged in national security/intelligence/law enforcement, state/local/tribal law enforcement, foreign law enforcement and competent authorities (via intermediary federal agency), financial institutions using BOI for customer due diligence (CDD), federal functional regulators assessing financial-institution CDD compliance, and Treasury officers/employees. Access is to be phased in, beginning with a 2024 pilot for key federal agencies before extending to financial institutions and their supervisors. The rule establishes data-security standards, re-disclosure prohibitions, and oversight mechanisms governing each recipient category.

FinCEN published a final rule (FR Doc 2023-26399, 88 FR 83499, November 30, 2023; effective January 1, 2024) extending the initial beneficial ownership information (BOI) reporting deadline under the Corporate Transparency Act (CTA) for reporting companies created or registered in calendar year 2024. Rather than the default 30-day window, these companies receive 90 calendar days from the date of receiving actual or public notice of creation or registration becoming effective to file their initial BOI reports with FinCEN. Companies created before January 1, 2024 retain their original deadline of January 1, 2025; companies created on or after January 1, 2025 revert to the standard 30-day window.

The U.S. Treasury's Office of Foreign Assets Control (OFAC) reached a $968,618,825 settlement with Binance Holdings, Ltd. — a Cayman Islands–domiciled virtual-currency exchange — to resolve civil liability for 1,667,153 apparent violations of multiple sanctions programs (Iran, Cuba, North Korea, Syria, and the Crimea region of Ukraine) committed between August 2017 and October 2022. OFAC determined the apparent violations were not voluntarily self-disclosed and that Binance's conduct was egregious; the settlement requires a five-year independent compliance monitor and was announced concurrently with parallel DOJ, FinCEN, and CFTC resolutions totaling approximately $4.3 billion in aggregate (including criminal forfeiture and BSA/AML penalties), alongside a separate criminal plea by founder Changpeng Zhao. The settlement is the largest civil monetary penalty in OFAC's history.

FinCEN published a final rule (FR Doc 2023-24559, 88 FR 76995, November 8, 2023; effective January 1, 2024) specifying when and how entities required to report beneficial ownership information (BOI) under the Corporate Transparency Act (CTA) may use another entity's FinCEN identifier in lieu of disclosing the underlying individual beneficial owners. A reporting company may substitute a related entity's FinCEN ID when: (1) that entity has obtained a FinCEN identifier and provided it to the reporting company, (2) the individual is a beneficial owner solely through an ownership interest in the other entity, and (3) the beneficial owners of both entities are the same. Any change to beneficial ownership of the other entity requires an updated BOI report, after which the entity FinCEN identifier may no longer be used until recertified.

Saudi Arabia's Personal Data Protection Law (PDPL), issued under Royal Decree M/19 (16 September 2021) and substantively amended by Royal Decree M/148 (27 March 2023), entered into force on 14 September 2023 with a one-year transition period that ended on 14 September 2024 — at which point the Saudi Data & Artificial Intelligence Authority (SDAIA) became the binding regulator with full enforcement powers. Alongside the Implementing Regulations and the Regulations on the Transfer of Personal Data Outside the Kingdom (both issued 7 September 2023), SDAIA published in 2024 a set of four pre-approved Standard Contractual Clauses templates (C2C, C2P, P2P, P2C) governing cross-border transfers. The regime establishes consent requirements, DPO appointment, a 72-hour breach notification duty, and prior-clearance / SCC-or-BCR-style conditions on personal-data exports out of Saudi Arabia.

On 16 August 2023 the Swiss Federal Council amended the Ordinance of 4 March 2022 on Measures in Connection with the Situation in Ukraine (SR 946.231.176.72), aligning with the EU's 11th Russia sanctions package. The amendment adds two UAE-headquartered firms to the list of entities barred from exemptions to Switzerland's dual-use export ban on Russia, restricts the sale of securities issued after 6 August 2023 to Russian nationals, residents, entities and businesses regardless of currency, and adds 12 individuals and 87 entities to the asset-freeze list, targeting dual-use/military-tech exporters, FSB-licensed IT firms, propagandists and government officials. It entered into force the same day at 18:00 CEST.

Lov 2023-06-20 nr. 77 (Lov om endringer i sikkerhetsloven — eierskapskontroll og lovens virkeområde), adopted by the Storting on 9 June 2023, signed 20 June 2023, in force 1 July 2023, is Norway's first substantive overhaul of Chapter 10 (Eierskapskontroll / ownership control) of the 2018 Security Act (Sikkerhetsloven). The amendment widens the scope of undertakings that can be brought under ownership control beyond entities directly linked to a "grunnleggende nasjonal funksjon" (fundamental national function) to include businesses of vital importance to national-security interests and businesses of significant importance to fundamental national functions, lowers and adds notification thresholds, and equips the King in Council with enhanced powers to block, condition, or unwind qualifying acquisitions. The reform converts a narrow security-classified regime into a broad horizontal FDI-screening architecture for Norway, the host of the world's largest sovereign wealth fund and a NATO frontline state.

OFAC replaced the abbreviated July 2014 South Sudan Sanctions Regulations (31 CFR Part 558) with a comprehensive final rule that adds interpretive guidance, definitions, and general licenses while implementing the full set of prohibitions in Executive Order 13664 of April 3, 2014. The rule does not expand the underlying blocking authority or add new designations; it codifies the existing program in a complete regulatory framework accessible to the public and regulated community. Target: persons threatening South Sudan's peace, security, or stability, obstructing the Comprehensive Peace Agreement, or responsible for human rights abuses or conflict-mineral trade that finances armed groups.

On 24 February 2023 the US Treasury Department's Office of Foreign Assets Control (OFAC) announced sanctions on 22 individuals and 83 entities, which Treasury describes as targeting key sectors, evasion efforts and military supplies. Treasury issued a determination under Executive Order 14024 identifying the metals and mining sector of the Russian Federation economy as a sector subject to sanctions, and designated 11 Russian financial institutions, including Credit Bank of Moscow, plus Russian defence and advanced-materials enterprises and third-country evasion facilitators. General Licenses 60 and 61 authorise wind-down of dealings with newly blocked entities through 25 May 2023.

The Foreign Investment Reliability Assessment Act (välismaise investori usaldusväärsuse hindamise seadus, VUHS), adopted by the Riigikogu on 25 January 2023 and in force from 1 September 2023, establishes Estonia's first horizontal ex-ante foreign direct-investment screening regime. The Act transposes EU Regulation 2019/452 into Estonian law and designates the Consumer Protection and Technical Regulatory Authority (Tarbijakaitse ja Tehnilise Järelevalve Amet — TTJA) as the screening authority. It covers acquisitions of qualifying holdings or material influence in target undertakings operating in defence, dual-use, vital services, energy and communications infrastructure, transport, financial services, media, critical raw materials extraction and other strategic sectors. TTJA can prohibit, condition or unwind non-compliant transactions and impose administrative non-compliance levies.

FinCEN published a final rule on January 19, 2023 (88 FR 3312) adjusting the maximum civil monetary penalties 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 2015 Improvements Act). The 2023 multiplier is 1.07745, reflecting the October 2021 → October 2022 CPI-U change per OMB Memorandum M-23-05. A correction notice (88 FR 7357, Feb. 3, 2023) revised certain table entries; the corrected amounts are authoritative and are reflected in this filing. The table covers 10 BSA statutory penalty provisions, with the largest single-penalty ceiling rising to $1,677,030.

FinCEN issued an order on 18 January 2023, published in the Federal Register on 23 January 2023 (FR Doc 2023-01189), prohibiting US covered financial institutions from transmitting funds to, from, or through Bitzlato Limited, a virtual-currency exchange incorporated in Hong Kong and identified as a primary money-laundering concern in connection with Russian illicit finance. The order invokes Section 9714(a) of the Combating Russian Money Laundering Act, as amended by Section 6106 of the National Defense Authorization Act for Fiscal Year 2022 (31 U.S.C. 5323). The action was coordinated with a DOJ criminal arrest of Bitzlato co-founder Anatoly Legkodymov and a parallel Europol/Eurojust-supported disruption of Bitzlato's infrastructure, effective 18 January 2023.

OFAC published a final rule on January 13, 2023 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 adjustment covers IEEPA, TWEA, and the Narcotics Kingpin Act authorities, resetting the penalty ceilings that apply to violations adjudicated through 2023. A correction notice (C1-2023-00593, April 17, 2023) fixed a purely typographical error in Appendix A to 31 CFR Part 501 — paragraph numbering "v" corrected to "vi" — with no change to any penalty amount.