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

The US Bureau of Industry and Security (BIS) removed nine Russian persons from the Unverified List (UVL) and simultaneously added them to the Entity List after the Russian government failed to facilitate end-use checks for more than 60 days — the first application of BIS's October 2022 escalation policy. All nine entities are subject to a license requirement covering all items subject to the EAR, with a policy of denial and no license exceptions available. The list spans electronics traders, state maritime infrastructure, defense R&D, microelectronics, and industrial equipment manufacturers.

Directive (EU) 2022/2557 of the European Parliament and of the Council of 14 December 2022 on the resilience of critical entities, published OJ L 333, 27 December 2022, entered into force 16 January 2023, with Member State transposition deadline 17 October 2024 (rules applicable from 18 October 2024). The CER Directive repeals Council Directive 2008/114/EC on European Critical Infrastructures, extending the scope from two sectors (energy, transport) to eleven essential-service sectors: energy, transport, banking, financial market infrastructures, health, drinking water, wastewater, digital infrastructure, public administration, space, and food. Member States must adopt national resilience strategies, conduct risk assessments at least every four years, identify "critical entities" providing essential services whose disruption would have significant cross-border impacts, and ensure those entities implement technical, security, and organisational resilience measures, business-continuity plans, incident-reporting obligations, and personnel-security background checks. The CER Directive is the physical and hybrid resilience twin to the NIS2 Directive (2022/2555) — the two instruments form the binding EU critical-infrastructure-protection architecture replacing the 2008/114/EC regime.

Regulation (EU) 2022/2554 (Digital Operational Resilience Act, DORA) is the EU's first horizontal cyber- and ICT-resilience instrument for the financial sector. Adopted 14 December 2022 and published in the Official Journal on 27 December 2022, it entered into force on 16 January 2023 and applies from 17 January 2025. DORA covers approximately 22,000 EU regulated financial entities across ~20 entity types (credit institutions, insurers, investment firms, CCPs, trading venues, crypto-asset service providers, etc.) under five pillars: ICT risk management, ICT-incident reporting, digital operational resilience testing (including threat-led penetration testing for significant entities), ICT third-party risk management, and information sharing. Structurally novel, DORA establishes the Critical ICT Third-Party Provider (CTPP) oversight regime under which the European Supervisory Authorities (EBA, ESMA, EIOPA) acquire direct supervisory powers over hyperscale cloud providers (AWS, Azure, GCP, Oracle) servicing EU financial entities — the first EU mechanism for ESA direct oversight of non-financial cloud providers.

Directive (EU) 2022/2555 of the European Parliament and of the Council of 14 December 2022 on measures for a high common level of cybersecurity across the Union (NIS 2 Directive), published OJ L 333, 27 December 2022, entered into force 16 January 2023. NIS2 repeals and substantially expands the 2016 NIS1 Directive (2016/1148), extending the scope from ~7 sectors to 18 enumerated essential and important sectors, imposing binding cybersecurity risk- management and incident-reporting obligations on covered entities, introducing board-level management accountability, and mandating Member State transposition by 17 October 2024. NIS2 is the structural EU statutory anchor for national cybersecurity frameworks across the bloc, operating alongside DORA (Reg 2022/2554) for financial-sector digital resilience and CRA (Reg 2024/2847) for product cybersecurity.

Tanzania's Parliament passed Act No. 10 of 2022, the Tanzania Investment Act, 2022, on 2 December 2022, repealing the Tanzania Investment Act 1997 (Cap. 38 / Act No. 26 of 1997) — the first major overhaul of the country's foreign-investment legal framework in 25 years. The new Act restructures the Tanzania Investment Centre (TIC) into a One-Stop Facilitation Centre with an integrated electronic system, introduces Strategic and Major Investment Certificates (with capital thresholds of USD 50m foreign / USD 20m local plus minimum 1,000 local jobs and 50% export-uplift requirements), reduces the minimum capital threshold for ordinary local investors from USD 100,000 to USD 50,000, and codifies dispute-resolution access via local arbitration, ICSID, and bilateral/multilateral investment protection agreements. The Act was operationalised by Government Notice No. 94 of 17 February 2023.

Belgium's first horizontal foreign-direct-investment screening regime, established by a Cooperation Agreement signed on 30 November 2022 between the Federal State and the Flemish, Walloon, Brussels-Capital and German-Community governments, and in force from 1 July 2023. The agreement creates a centralised Interfederal Screening Commission (ISC), chaired by the FPS Economy, to receive and process mandatory ex-ante notifications of foreign acquisitions of 10%, 25% or higher voting-rights / control thresholds (sector-dependent) in Belgian undertakings active in eleven strategic sectors. ISC decisions are binding; sanctions for failure to notify or for non-compliance with conditions imposed include unwinding of the transaction and administrative fines.

South Africa's Minister of Trade, Industry and Competition, acting under sections 5 and 6 of the International Trade Administration Act 71 of 2002, published Government Gazette Notices R.2801-R.2804 (Gazette No. 47627, 30 November 2022). The notices impose a temporary six-month export ban (30 November 2022 - 30 May 2023) on ferrous and non-ferrous waste and scrap metal, suspend ITAC's Price Preference System for scrap metal for the same period, and introduce new export permit requirements on semi-finished metal products and import permit requirements on furnaces and scrap-melting machinery. The measure was framed as an emergency response to copper and scrap-metal theft from public infrastructure, estimated at roughly R47 billion a year.

Act No. 497/2022 Coll. on the Screening of Foreign Investments and on amendments to certain acts, adopted by the National Council of the Slovak Republic on 29 November 2022 and promulgated in the Zbierka zákonov on 23 December 2022, established Slovakia's first horizontal ex-ante foreign-direct-investment screening regime. The Act took effect on 1 March 2023, transposing EU Regulation 2019/452 into Slovak law and replacing the prior sector-specific approach under Act No. 45 on critical infrastructure. Screening is administered by the Ministry of the Economy of the Slovak Republic across three procedures (mandatory, voluntary, and ex officio) and covers transactions in defence, dual-use, critical infrastructure, critical raw materials, biotechnology, AI, semiconductors and other emerging technologies. The Ministry can prohibit, condition or unwind non-compliant transactions and impose administrative penalties.

Angola's Ministry of Transport formalised a 30-year concession to Lobito Atlantic Railway (LAR — Trafigura 49.5% / Mota-Engil 49.5% / Vecturis S.A. 1%) for the operation, management and maintenance of the Lobito Corridor — comprising the 1,300 km Benguela Railway from the Port of Lobito to Luau (Angola-DRC border) and the Lobito port mineral terminal. The international tender was won on 4 November 2022; the concession contract was signed on 4 July 2023 at a ceremony attended by the Presidents of Angola, the DRC and Zambia. LAR commenced operations in January 2024. The concession is paired with the trilateral Lobito Corridor Transit Transport Facilitation Agency Agreement (LCTTFA), signed at Lobito Port on 27 January 2023 by the Transport ministers of Angola, the DRC and Zambia, which establishes the cross-border customs/transit framework for the corridor.

On 16 October 2022, Jordan promulgated Investment Environment Law No. 21 of 2022, published in Official Gazette No. 5821, entering into force 90 days later on approximately 14 January 2023. The law replaces the 2014 Investment Law No. 30 and restructures Jordan's entire FDI-promotion architecture: it establishes the Ministry of Investment (MOIN) and the Investment Council as apex bodies, codifies Development Zones, Free Zones, and Special Economic Zones (including the Aqaba Special Economic Zone — gateway for Jordan's phosphate exports via JPMC, the world's second-largest phosphate producer), and enshrines national-treatment guarantees with customs exemptions, zero-rated sales tax incentives, and investor-state dispute-settlement provisions for qualifying protected FDI. The law is the foundational parent statute for Jordan's IMF Extended Fund Facility-conditioned reform agenda and positions the country within the IMEC (India–Middle East–Europe Corridor) trade-investment integration architecture.

On 13 July 2022 OFAC formally published in the Federal Register two general licenses (GL 2 and GL 10) that had been issued under the Ukraine-/Russia-Related Sanctions program and made available previously only on OFAC's website. Both licenses had already expired by the time of publication: GL 2 (EO 13662 Directive 4 wind-down, expired September 2014) authorised a limited window to wind down contracts involving Russian energy-sector entities subject to sectoral sanctions, while GL 10 (EO 13685 Crimea, expired October 2016) authorised divestiture of holdings in blocked Russian infrastructure entity PJSC Mostotrest. The Federal Register codification is an administrative archival step with no substantive change to the sanctions regime.

The Council of the EU adopted Council Implementing Regulation (EU) 2022/878 of 3 June 2022, implementing Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine. The regulation adds 65 individuals and 18 legal entities to Annex I, subjecting them to an EU-wide asset freeze and a prohibition on EU persons or entities making funds or economic resources available to them. The listed entities span Russia's defense-industrial base, military-linked vehicle and tyre manufacturing, and financial-market infrastructure.

The Act on the Promotion of Ensuring National Security through Integrated Implementation of Economic Measures (Law No. 43 of 2022), enacted 18 May 2022, establishes a four-pillar framework: (1) supply-chain resilience for "specified critical products," (2) security of critical infrastructure, (3) state-backed development of "specified critical technologies," and (4) non-disclosure of nationally sensitive patents. A December 2022 Cabinet Order designated 11 product categories as specified critical products, including semiconductors, storage batteries, permanent magnets, cloud programs, LNG, critical minerals, machine tools, and aircraft parts. Competent ministries must publish stable-supply plans, can fund private-sector surveys, and may provide subsidies to qualifying firms.

The Wet veiligheidstoets investeringen, fusies en overnames ("Vifo Act") is the Netherlands' cross-sector statutory FDI screening regime. Adopted by the States-General on 18 May 2022 (Stb. 2022, 215) and entered into force on 1 June 2023 together with two implementing decrees (Stb. 2023, 173 — main implementing decree; Stb. 2023, 172 — decree defining the scope of "sensitive technology"), the Act establishes mandatory pre-closing notification and a security review by the Bureau Toetsing Investeringen (BTI, part of the Ministry of Economic Affairs and Climate) for transactions affecting (i) "vital providers" in critical infrastructure sectors — energy, transport, telecoms, port operators, banking infrastructure — and (ii) Dutch undertakings active in "sensitive technology", defined to include EU Reg 2021/821 Annex I dual-use items, military goods, and additional national-security technologies. The regime applies retrospectively to transactions completed after 8 September 2020. It is the foundational instrument under which the Dutch national export-control measures on ASML DUV immersion lithography (filed: 2023-06-30 and 2024-09-07) operate, and the Dutch peer of US CFIUS, EU Regulation 2019/452, the German AWG §§55-62, the French Décret 2014-479 / R. 151-1 et seq., and the UK NSI Act 2021.

On 2 May 2022 OFAC published a comprehensive final rule in the Federal Register renaming the Ukraine Related Sanctions Regulations (31 CFR Part 589) to the Ukraine-/Russia-Related Sanctions Regulations and replacing the abbreviated regulatory text that had been in place since 2014 with a fully elaborated framework. The new Part 589 incorporates interpretive guidance, definitional provisions, and consolidated general licenses implementing Executive Orders 13660, 13661, and 13662 — the original March 2014 Ukraine/Crimea-crisis authorities. The rule does not introduce new substantive prohibitions; it formalises and makes accessible the regulatory infrastructure that underlies subsequent GL issuances (e.g., GL 13Q/13R, GL 15K/15L) and OFAC designation actions under the Ukraine-/Russia-Related Sanctions program.