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

The Bureau of Industry and Security (BIS) amended the Export Administration Regulations by adding 8 entities to the Entity List under the destinations of Burma (2), China (2), and Russia (4), citing actions contrary to US foreign-policy interests, primarily enabling human-rights violations through aerial attacks on civilians (Burma), Uyghur surveillance (China), and facial-recognition targeting of protesters (Russia). All designated entities require licenses for all items subject to the EAR with a presumption of denial. The rule was effective immediately on publication, December 11, 2024.

In a final rule published at 89 FR 84766 (FR Doc 2024-23932), the US Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to remove BIS licence requirements on certain spacecraft and related items — including remote-sensing spacecraft and on-orbit servicing, assembly, and manufacturing (OSAM) items — for exports and reexports to Australia, Canada, and the United Kingdom. The rule is effective immediately on publication (23 October 2024) and is part of a three-rule package modernising the US space-related export-control regime (companion IFR 2024-23958 broadens controls relief for ~40 additional destinations; companion proposed rule 2024-23975 floats a new License Exception Commercial Space Activities). The AU/CA/UK carve-out builds on the trilateral National Technology and Industrial Base (NTIB) framework.

FinCEN published a final rule (FR Doc 2024-23920, 89 FR 83782, effective on publication October 18, 2024) clarifying the public-utility exemption to the Corporate Transparency Act's beneficial ownership information (BOI) reporting rule. The amendment to 31 CFR 1010.380(c)(2)(xv) corrects a drafting cross-reference so the exemption explicitly covers any regulated public utility under 26 U.S.C. 7701(a)(33)(A) *or* (D) that provides telecommunications services, electrical power, natural gas, or water and sewer services within the United States. The change codifies FinCEN's June 10, 2024 telecommunications-provider guidance and is effective immediately upon publication; it neither expands nor restricts the underlying universe of reporting companies beyond aligning the rule text with the CTA statute.

On 26 July 2024 the Thai National Electric Vehicle Policy Committee (EV Board), chaired by Deputy PM Pichai Chunhavajira, approved a dedicated excise-tax incentive package for hybrid-electric-vehicle (HEV, ≤ 10-seat passenger) manufacturing distinct from the BEV-only EV 3.5 regime. Qualifying manufacturers receive a locked excise rate of 6% on HEVs emitting ≤ 100 g CO2/km and 9% on 101-120 g CO2/km vehicles for the 2028-2032 period, conditional on a minimum new investment of THB 3 billion during 2024-2027, BOI approval, mandatory use of key Thai-produced parts, and inclusion of at least four of six listed ADAS safety features. The measure is expected to draw THB 50 billion (~USD 1.4 billion) in additional HEV manufacturing investment and is positioned as the intermediate-emission complement to EV 3.5's BEV-only purchase subsidies and 2% excise rate, extending Thailand's "EV Hub of ASEAN" industrial strategy to capture Japanese OEM hybrid-platform capex (Toyota, Honda, Nissan, Mazda) alongside the Chinese-OEM BEV wave already locked in under EV 3.5. The decision required separate Cabinet endorsement and was published via the BOI /EV-Board channel rather than amending the EV 3.5 instrument.

Indonesia's Ministry of Trade promulgated Peraturan Menteri Perdagangan (Permendag) No. 10 of 2024 on 30 May 2024, amending Permendag 22/2023 on Goods Prohibited for Export. The regulation set 31 December 2024 as the final cutoff for copper-concentrate and anode-sludge exports — extending the original 1 June 2024 ban deadline by seven months — and enforced a full prohibition starting 1 January 2025. The measure is paired with ESDM Regulation No. 6 of 2024 covering the upstream mining-product side, completing the legal architecture of Indonesia's copper "hilirisasi" (downstream-isation) mandate. The ban forces all domestically mined copper concentrate to be smelted and refined inside Indonesia. Two operators are directly affected: PT Freeport Indonesia (PTFI), majority-owned by state holding MIND ID with Freeport-McMoRan as minority partner, which operates the Grasberg mine in Papua and the new Manyar/Gresik smelter in JIIPE; and PT Amman Mineral Nusa Tenggara (subsidiary of PT Amman Mineral Internasional, IDX:AMMN), which operates the Batu Hijau mine in Sumbawa with a smelter under commissioning. A fire at Freeport's Gresik smelter in October 2024 disrupted ramp-up and forced the government to grant a discretionary export-permit extension into 2025 for PTFI, signalling that the ban — while now legally in force — is being enforced flexibly during smelter commissioning rather than as a hard stop. Permendag 10/2024 is the copper-sector equivalent of the 2020 nickel- ore export ban (ESDM 11/2019) and the planned bauxite-ore ban (effective June 2023). Together these three measures complete Indonesia's resource-nationalism package across its three highest-value mineral exports: nickel, bauxite, and copper. Combined domestic smelter capex commitments tied to the copper rule (Freeport Manyar + Amman Sumbawa) total ~USD 6 billion. Indonesia's Finance Ministry estimated forgone export revenue of ~Rp 10 trillion (~USD 640 million per year) from the copper-concentrate ban alone, which the government is treating as an acceptable downstream-policy cost. Severity is set at 4: the action is binding, durable, and reshapes a globally relevant supply chain (Indonesia is ~5% of global mined copper, rising), but discretionary export extensions during smelter commissioning soften near-term enforcement and limit the immediate market shock relative to the harder 2020 nickel rule.

The European Commission formally notified the Republic of Senegal on 27 May 2024 of the possibility of being identified as a non-cooperating third country in fighting illegal, unreported and unregulated (IUU) fishing, under Article 32 of Regulation (EC) No 1005/2008. The decision (C/2024/3277) cites specific shortcomings in Senegal's monitoring, control and surveillance (MCS) of Senegalese-flagged vessels operating outside national waters, inadequate oversight of foreign vessels using Dakar port as a transhipment hub, and traceability failures enabling illegal fish exports to the EU. A formal dialogue period now opens during which Senegal must remediate identified deficiencies; failure to do so would lead to red-card escalation and a full EU import prohibition on Senegalese seafood.

The Parliament of Georgia adopted the Law on Transparency of Foreign Influence (Law No 4194-XIV) on 14 May 2024 by an 84–4 vote, overriding a presidential veto on 28 May 2024. The law requires NGOs, broadcasters, and online/print media that derive 20% or more of their funding from a "foreign power" in any calendar year to register as "organisations pursuing the interests of a foreign power," with reporting and transparency obligations and fines of up to GEL 25,000 (~EUR 8,400) per violation. The European Council immediately froze Georgia's EU accession negotiations citing the law's incompatibility with EU values, the European Commission suspended EUR 30M+ of annual direct budget support, and the US State Department announced visa restrictions targeting Georgian officials, establishing the measure as a pivotal FDI-climate and geopolitical inflection event for the country.

President Biden signed into law on 13 May 2024 the Prohibiting Russian Uranium Imports Act (Division H of the National Security Supplemental Appropriations Act, Public Law 118-50). The law bans imports to the United States of unirradiated low-enriched uranium (LEU) produced in Russia or by Russian state entities, effective immediately, with a waiver mechanism allowing the Department of Energy to grant case-by-case exceptions through 2027 where no alternative supply is available. The law also authorised up to $2.72B to support US uranium enrichment capacity via CENTRUS and allied enrichment partnerships.

The Protecting Americans from Foreign Adversary Controlled Applications Act (PAFACA), enacted as Division H of P.L. 118-50 (21st Century Peace through Strength Act), prohibits app stores and internet hosting services from distributing, maintaining, or updating "foreign adversary controlled applications" — defined explicitly to include ByteDance Ltd and its subsidiaries (TikTok). ByteDance was given 270 days from enactment (until January 19, 2025) to execute a "qualified divestiture" — selling TikTok to an owner with no operational relationship with a foreign adversary — or face a nationwide distribution ban. The Supreme Court unanimously upheld the law's constitutionality in TikTok, Inc. v. Garland (January 17, 2025), rejecting First Amendment challenges and affirming the national-security rationale grounded in data-collection concerns.

On 9 April 2024, Türkiye's Ministry of Trade restricted exports of 1,019 tariff lines across 54 product groups to Israel — including cement, marble, sulphur, aluminium wire, ceramics, varnishes and mineral fertilisers — in response to Israel's conduct of the Gaza war and its refusal of a Turkish request to participate in aid airdrops. The government stated the restriction would remain in force until Israel declared an immediate ceasefire and allowed unimpeded humanitarian aid into Gaza. The measure was superseded three weeks later, on 2 May 2024, when the Ministry halted all exports, imports and transit trade with Israel across every product category.

Latvia's Saeima adopted on 27 March 2024 amendments to the National Security Law (Nacionālās drošības likums), entering into force on 24 April 2024, that widen the perimeter of foreign-investment and ownership transactions subject to Cabinet of Ministers pre-clearance over "companies of significance to national security." The amendments expand the universe of regulated subjects beyond registered companies to include foundations and associations, tighten the rules on beneficial-ownership disclosure, and bring additional sensitive activities — energy security including LNG-terminal acquisitions, electronic communications, cybersecurity, and critical-raw-materials processing — under the regime, while clarifying Cabinet authority to impose conditions or unwind transactions retroactively. The law functions as Latvia's horizontal FDI-screening instrument under the EU-wide cooperation framework of Regulation 2019/452.

The Cyberspace Administration of China (CAC) issued the Provisions on Promoting and Regulating Cross-Border Data Flows (《促进和规范数据跨境流动规定》) on 22 March 2024, effective immediately. The rules substantially raise the thresholds at which CAC security assessment, Standard Contractual Clauses (SCC), or Personal Information Protection Certification are required for outbound data transfers, and create categorical exemptions for contract performance, HR management, intra-group transfers below a volume threshold, and transit data processed in China with no domestic personal information introduced. A Free Trade Zone pilot mechanism allows designated FTZs (Shanghai Lingang, Tianjin, Beijing) to publish their own negative lists defining which data categories still require prior approval, easing conditions for multinationals with operations in those zones.

On 28 February 2024 President Bola Ahmed Tinubu signed one executive order and two presidential directives to revive upstream oil and gas investment in Nigeria after years of declining FDI: (i) the Oil and Gas Companies (Tax Incentives, Exemption, Remission, etc.) Order, 2024 — establishing a gas tax credit for non-associated gas (NAG) greenfield projects and fiscal enablers for deep-water oil and gas; (ii) the Presidential Directive on Local Content Compliance Requirements, 2024 — instructing the NCDMB to adapt enforcement of the Local Content Act to in-country capacity gaps; and (iii) the Presidential Directive on Reduction of Petroleum Sector Contracting Costs and Timelines, 2024 — streamlining NUPRC and NNPCL contracting approvals. Effective immediately on signing.

Bulgaria's National Assembly adopted on 22 February 2024 amendments to the Investment Promotion Act establishing the country's first horizontal foreign direct investment screening mechanism, published in State Gazette No. 20 on 8 March 2024 and entering into force on 12 March 2024. The regime implements EU Regulation 2019/452 by creating an Interdepartmental Screening Council with a 45-day decision window over non-EU investments meeting a 10 % equity stake or €2 million threshold in critical-infrastructure, dual-use, advanced-technology, media, and financial-infrastructure sectors, with no threshold for investments by Russian or Belarusian persons or in oil and petroleum activities. Non-compliance and false declarations carry fines of 5 % of investment value, with a minimum BGN 50,000.

Guyana's National Assembly passed the Fiscal Enactments (Amendment) Act 2024, which received presidential assent and was published in the Official Gazette on 6 February 2024. The Act amends Section 19 and the First Schedule of the Natural Resource Fund Act 2021, revising the formula governing the annual withdrawal ceiling from the NRF — replacing the prior fixed-tier schedule with a revised sliding scale applicable to the first US$5 billion of deposits paid into the Fund in the immediately preceding fiscal year. The revised withdrawal rules authorised US$1.586 billion in NRF withdrawals for fiscal year 2024, with a subsequent notification published in the Official Gazette on 4 April 2025 authorising US$2.464 billion for fiscal year 2025, reflecting the accelerating Stabroek Block production ramp-up under the ExxonMobil/Hess/CNOOC consortium.