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

On 17 May 2026, Treasurer Jim Chalmers signed the Foreign Acquisitions and Takeovers (Disposal of Interests in Northern Minerals Limited) Orders (No. 1) 2026 (F2026N00326), directing six China-linked foreign investors to divest a combined 1,678,895,780 shares in Northern Minerals Limited (ASX: NTU) within 14 days of the Orders commencing on 18 June 2026. The six named investors are: Real International Resources Limited (619.1m shares), Qogir Trading and Service Co. Limited (523.5m), Vastness Investment Group Limited (271.3m), Chuanyou Cong (130.1m), Hong Kong Ying Tak Limited (95.3m), and Zhongxiong Lin (39.7m), together representing approximately 17.6% of NTU's total shares. NTU owns the Browns Range Heavy Rare Earths Project in Western Australia, one of the few ex-China commercial-scale dysprosium and terbium deposits. These orders are the second tranche of Treasurer-forced divestment of Chinese shareholders in NTU, distinct from the AUD 14 million Federal Court penalty imposed on Indian Ocean International Shipping in January 2026 for non-compliance with the June 2024 disposal orders.

President Ferdinand Marcos Jr. signed Executive Order No. 113 on April 13, 2026, promulgating the 13th Regular Foreign Investment Negative List (FINL) — the first FINL update in four years, superseding the 12th FINL under EO 175 (2022). The order retains the constitutionally mandated 40% foreign equity ceiling on exploration, development, and utilisation of natural resources (including large-scale mining), and reserves small-scale mining 100% for Filipino nationals. It codifies liberalisations from RA 11659 (Public Service Act), RA 11595 (Retail Trade Liberalisation Act), and RA 11647 (Foreign Investments Act amendments), formally reclassifying telecommunications, airlines, domestic shipping, and railways as sectors open to up to 100% foreign ownership.

On 30 January 2026, Justice Perram of the Federal Court of Australia ordered Indian Ocean International Shipping and Service Company Ltd and its sole director Ms Jing Tian to pay a combined AUD 14 million civil penalty (Indian Ocean AUD 10 million; Ms Tian AUD 4 million) for contravening a June 2024 Treasurer disposal order under the Foreign Acquisitions and Takeovers Act 1975 (Cth). The disposal order had directed Indian Ocean to divest its 613.5 million shares in Northern Minerals Limited (ASX: NTU) — operator of the Browns Range heavy-rare-earth dysprosium and terbium project in Western Australia — by September 2024 on national security grounds. Instead, Indian Ocean transferred its NTU shares to Ms Tian in August 2024, who briefly returned then re-received them before Ms Tian transferred all 100 of her Indian Ocean shares to Ms Ning Lyu and resigned as director. The court ruled these transfers constituted a breach of the disposal order. This is the first civil-penalty action brought by an Australian Treasurer under the Foreign Acquisitions and Takeovers Act since its introduction in 1975, and the first FIRB enforcement penalty outside the residential real estate sector.

On 2 June 2024, Treasurer Jim Chalmers signed the Foreign Acquisitions and Takeovers (Disposal of Interests in Northern Minerals Limited) Orders 2024 (F2024N00475), directing five China-linked foreign investors to divest a combined 613,573,632 shares in Northern Minerals Limited (ASX: NTU) to non-associates by 2 September 2024 on national-security grounds. The five named investors are Yuxiao Fund Pte Ltd, Black Stone Resources Limited, Indian Ocean International Shipping and Service Company Limited, Ms Ximei Liu, and Mr Xi Wang, together holding approximately 10.4% of NTU's total shares. NTU owns the Browns Range Heavy Rare Earths Project in the East Kimberley region of Western Australia — one of the few commercial-scale dysprosium and terbium deposits outside China. This is the foundational FATA s.69(2) disposal-order instrument; non-compliance led to an AUD 14 million Federal Court penalty in January 2026 and a second tranche of disposal orders against six further China-linked investors in May 2026.