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

The Bureau of Industry and Security added 36 entities — 35 in China, 1 in Japan — to the Entity List under a presumption of denial for all EAR-controlled items, effective December 16, 2022. The most consequential additions are Yangtze Memory Technologies (YMTC, simultaneously removed from the Unverified List), eight Cambricon AI-chip subsidiaries, and Shanghai Micro Electronics Equipment (SMEE), China's sole domestic lithography producer. Three existing entries were revised: CETC 13 and two affiliates gained a Footnote 3 Russian-military-end-user designation, bringing them under the Russia/Belarus Foreign Direct Product rule with a blanket denial policy.

Framework Law n° 03-22 forming Morocco's Investment Charter, promulgated by Dahir n° 1-22-76 of 14 joumada I 1444 (9 December 2022) and published in Bulletin Officiel n° 7152 (12 December 2022), replaces the 1995 Investment Charter (Law 18-95) — the first major overhaul of Morocco's horizontal investment-incentive regime in nearly 30 years. Operationalised by Decree n° 2.23.1 (Government Council 26 January 2023, BO publication February 2023), the regime layers a "main" support mechanism (CAPEX subsidies up to 30% combining sector-priority, regional/territorial, gender, sustainable and value-chain bonuses) and a "specific" mechanism for strategic projects ≥ MAD 2bn (~USD 200m) covering EV/batteries, semiconductors, green hydrogen, defence and pharmaceuticals — providing the legal foundation for Morocco's emergence as Africa's leading EV-battery and automotive industrial hub.

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.

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.

The US Bureau of Industry and Security imposed broad new controls on the export of advanced computing chips, chipmaking equipment, and US-person services supporting Chinese semiconductor fabrication. The October 7 2022 rule blocked supply of GPUs above set performance thresholds (initially 600 GB/s interconnect / 4800 TOPS) to China and added end-use restrictions on manufacturing tools used in advanced (≤14/16 nm logic, ≤18 nm DRAM, ≤128-layer NAND) facilities, with a foreign direct product rule extending coverage globally.

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.

The Bureau of Industry and Security (BIS) issued an interim final rule (IFR, 87 FR 55241, FR Doc. 2022-19415) amending the Export Administration Regulations (EAR) to authorize the release of specified items to all entities on the Entity List without a licence when such release occurs in the context of a "standards-related activity." The IFR expanded a narrower June 2020 predecessor that had applied only to Huawei and its affiliates; this 2022 rule extended equivalent authorization to the full Entity List. Authorized items include EAR99 technology and software, items controlled solely for anti-terrorism (AT) reasons, and certain cryptographic technology (ECCNs 5D002 and 5E002) used in standards development. The rule amended 15 CFR §§ 734.10, 744.11, 744.16, and Part 772 and was superseded by a broader 2024 IFR that recasted the carve-out as an activity-based exclusion from EAR jurisdiction entirely.

The Bureau of Industry and Security (BIS) amended the Commerce Control List (CCL) under the Export Administration Regulations (EAR) to implement four emerging and foundational technology decisions agreed at the December 2021 Wassenaar Arrangement Plenary meeting, pursuant to ECRA Section 1758. The rule adds new export controls on ultra-wide bandgap semiconductor substrates (gallium oxide Ga₂O₃ and diamond), ECAD software for Gate-All- Around Field-Effect Transistor (GAAFET) integrated circuit development, and Pressure Gain Combustion (PGC) technology for advanced gas turbine engines. Controls require a licence for items destined to countries listed in the NS:1 and AT:1 columns of the Commerce Country Chart; ECAD software controls (ECCN 3D006) have a delayed compliance date of October 14, 2022.

Bangladesh's Cabinet approved the National Industrial Policy 2022 on 11 August 2022, replacing the National Industrial Policy 2016 as the country's foundational umbrella industrial-policy statute; the Ministry of Industries gazetted it on 29 September 2022. The policy sets a target to raise industry's share of GDP to 40% by 2027 and introduces a sector taxonomy covering export-diversification, special-development (electronics, automotive assembly, semiconductors, renewable energy, defence-electronics), priority, reserved, and controlled categories. CMSMEs (Cottage, Micro, Small, and Medium Enterprises) are designated the "main driving force of industrialisation," with sector-specific concessional finance, tax holidays, and cluster-development frameworks, alongside FDI incentives including Bangladeshi citizenship for investors committing USD 1 million. The policy for the first time formally incorporates Bangladesh's informal sector within a national industrial-policy framework, mandating a National Informal Sector Database and a 2022–2027 implementation action plan.

The CHIPS and Science Act (Public Law 117-167), signed into law by President Biden on 9 August 2022, appropriated $52.7 billion in direct semiconductor industry support: $39B in manufacturing incentives administered by the Commerce Department, $13.2B for R&D and workforce, and $0.5B for legacy-chip and supply-chain programs. It also created an Advanced Manufacturing Investment Credit (Section 48D) — a 25% refundable investment tax credit on qualified semiconductor manufacturing property. The law included a "guardrails" clause prohibiting recipients from expanding advanced-node capacity in countries of concern (most prominently China) for 10 years following award.

The U.S. Bureau of Industry and Security (BIS) amended the Export Administration Regulations (EAR) by adding 36 entities under 41 entries to the Entity List, effective June 28, 2022. The entities — located across China, Lithuania, Pakistan, Russia, Singapore, the UAE, the United Kingdom, Uzbekistan, and Vietnam — were designated for acting contrary to U.S. national security or foreign policy interests. Key grounds include support for China's military modernization and AI-enabled surveillance programs, Pakistan-based proliferation concerns, and supply-chain facilitation for Russia amid the Ukraine invasion. The rule also revised eleven existing entries (Belarus, China, Russia, Slovakia) and corrected one entry (Pakistan).

The Spanish Council of Ministers approved on 24 May 2022 the Strategic Project for the Recovery and Economic Transformation of Microelectronics and Semiconductors (PERTE Chip) within the framework of the Plan de Recuperacion, Transformacion y Resiliencia (financed in large part by NextGenerationEU funds). The package commits a public envelope of roughly EUR 12.25bn through 2027 across four lines: scientific R&D capacity (~EUR 1.165bn), chip design including fabless companies (~EUR 1.330bn), manufacturing-plant construction including front-end below-5nm and above-5nm fabs (~EUR 9.350bn), and dynamisation of ICT/electronics manufacturing including a venture fund for semiconductor startups (~EUR 0.400bn). The Sociedad Espanola para la Transformacion Tecnologica (SETT), formally constituted by Real Decreto 676/2024 of 16 July 2024, is the operational vehicle managing more than EUR 10.75bn of the envelope.

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.

METI committed 476 billion yen (~$3.3bn) in direct subsidies covering approximately half the construction cost of Japan Advanced Semiconductor Manufacturing K.K. (JASM), a purpose-built joint venture fab at Kikuyo Town, Kumamoto Prefecture. JASM shareholders are TSMC (86.5%), Sony Semiconductor Solutions (6%), Denso (6%), and Toyota Motor (1.5 %). The fab manufactures 12nm, 16nm, 22nm, and 28nm mature-node chips targeting automotive-grade, industrial, and IoT applications. A groundbreaking ceremony was held on 13 April 2022; the facility officially opened on 24 February 2024 and reached commercial production in December 2024. JASM represents Japan's first new leading-edge wafer fab in decades and the largest single foreign direct investment in Japanese manufacturing history.

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 28 February 2022, South Korea's government condemned Russia's invasion of Ukraine and announced it would strengthen export control review to block strategic items -- microelectronics, telecommunications equipment, sensors, navigation equipment, avionics, marine equipment, and aircraft components -- from reaching Russia. The statement also committed Korea to joining the exclusion of designated Russian banks from the SWIFT international payments system, with implementation details to follow through interagency consultation, alongside plans to release strategic petroleum reserves and divert LNG cargoes to Europe.

Effective 24 February 2022 — the date of Russia's full-scale invasion of Ukraine — the US Bureau of Industry and Security (BIS) published an interim final rule (87 FR 12226, FR Doc 2022-04300) adding sweeping new export license requirements under a new § 746.8 of the Export Administration Regulations (EAR). The rule requires a licence for any item in CCL Categories 3–9 (electronics, computers, telecommunications, sensors, lasers, navigation/avionics, marine, aerospace, propulsion) exported, reexported, or transferred to Russia, with a review policy of denial. Two new Russia-specific Foreign Direct Product (FDP) rules extend US jurisdiction to foreign-manufactured goods: the Russia FDP Rule (§ 734.9(f)) covers all foreign-made items using US technology/equipment destined for Russia, and the Russia-MEU FDP Rule (§ 734.9(g)) covers items destined to 47 designated military-end-user (MEU) entities with no licence exceptions available. All three restrictions carry a presumption of denial, making this the most sweeping peacetime expansion of the EAR since its modern codification.

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.

Effective 3 February 2022, the Bureau of Industry and Security published a final rule (87 FR 6231, FR Doc 2022-02302) consolidating all existing Foreign Direct Product (FDP) rules from scattered locations in EAR Parts 736 and 744 into a single new section, 15 CFR §734.9, under Part 734 (Scope of the EAR). The rule made no substantive changes to existing controls — it reorganised four pre-existing FDP rules (National Security, 9x515, 600 Series, and Entity List) into a clean §734.9(b)–(e) architecture, clarified the definition of "major component" at §734.9(a), and corrected a drafting ambiguity that had obscured the U.S.-origin technology trigger for three of the four rules. The newly created §734.9 structure became the vehicle used by BIS to add the Russia/Belarus FDP rule (§734.9(f)) just 21 days later, on 24 February 2022.