Industrial Policy & Trade Monitor· 2667 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.

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.

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.

Regulation (EU) 2022/2065 on a Single Market For Digital Services (Digital Services Act, DSA) was adopted by the European Parliament and Council on 19 October 2022, published in OJ L 277 on 27 October 2022, entered into force on 16 November 2022, and applied in full from 17 February 2024 (with VLOP/VLOSE obligations applying from 25 August 2023 following the Commission's initial designation letters of February 2023). The DSA establishes a graduated intermediary-liability and platform-safety framework covering all online intermediaries serving EU users, with the heaviest obligations falling on designated Very Large Online Platforms (VLOPs, ≥45m monthly active EU users) and Very Large Online Search Engines (VLOSEs): systemic-risk assessments, annual independent audits, vetted-researcher data access, recommender-system transparency, online-advertising transparency, and crisis-response cooperation mechanisms under Commission coordination. The European Commission holds exclusive enforcement authority over VLOPs and VLOSEs, with fines up to 6% of global turnover. The DSA is the structural twin-pillar to the Digital Markets Act (Reg (EU) 2022/1925): the DMA governs ex-ante competition obligations on designated gatekeepers; the DSA governs ex-post intermediary-liability, content-moderation, and platform-safety obligations across all online intermediaries.

On 6 October 2022 the Council of the European Union adopted Council Regulation (EU) 2022/1904, amending Regulation (EU) No 833/2014, as the EU's eighth package of restrictive measures against Russia. It entered into force 7 October 2022. The regulation's headline measure creates the legal basis for an oil price-cap mechanism: a ban on maritime transport to third countries of Russian-origin crude oil and petroleum products, becoming operational once the Council sets an actual cap level by a separate decision (the G7/EU $60/bbl cap followed on 3 December 2022). The package also expands import bans on steel products (phased through 2024), firearms and ammunition, wood pulp and paper, and certain chemicals, cosmetics and jewellery materials; extends export bans on aviation-sector goods; bans the provision of architectural, engineering, IT-consultancy and legal advisory services to the Russian government and Russian companies; and imposes restrictions on Russian-flagged vessels at the Russian Maritime Register.

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.

On 29 June 2022 the Government of Fiji formally joined the Alliance of Countries for a Deep Sea Mining Moratorium at the United Nations Ocean Conference in Lisbon, Portugal. Prime Minister Voreqe Bainimarama committed Fiji to a precautionary moratorium on commercial seabed mining pending finalisation of the International Seabed Authority (ISA) mining code and comprehensive scientific assessment of environmental impacts. Fiji confirmed it would not operationalise its International Seabed Minerals Management Act 2013 ahead of the ISA regulatory framework. The moratorium stance has been consistently reaffirmed under the subsequent Rabuka administration (2024, 2025), and at the ISA Pacific SIDS Regional Workshop in Suva in May 2026 Minister Filimoni Vosarogo confirmed Fiji remains aligned with the ISA process and will not activate domestic seabed-minerals licensing.

The Subsidy Control Act 2022 (Royal Assent 28 April 2022; in force 4 January 2023) replaced EU state-aid rules as the UK's domestic subsidy-control framework, fulfilling an obligation under the UK-EU Trade and Cooperation Agreement (TCA). It establishes a principles-based self-assessment regime administered by a new Subsidy Advice Unit (SAU) at the Competition and Markets Authority (CMA), allowing UK public authorities to grant subsidies without prior Commission approval while remaining compliant with WTO subsidy disciplines and TCA obligations.

The Government of Serbia adopted, on 20 January 2022, the "Uredba o prestanku važenja Uredbe o utvrđivanju Prostornog plana područja posebne namene za realizaciju projekta eksploatacije i prerade minerala jadarita 'Jadar'" — a decree terminating the 2020 Spatial Plan of the Special Purpose Area (SPSPA, Sl. glasnik RS 26/2020) that had underpinned Rio Tinto's Jadar lithium-borate project in the Mačva District. Published in Sl. glasnik RS br. 8/2022. Five days later, on 25 January 2022, the Ministry of Environmental Protection separately annulled its decision approving the project's environmental impact assessment study. Together the two acts cancelled all administrative permits, decisions and resolutions tied to the Jadar project, following weeks of nationwide protests against the mine.