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

China's Ministry of Commerce issued Announcement No. 26 of 2026 on June 24, 2026, establishing a formal reporting and handling system for violations of export controls on strategic minerals and dual-use items, effective July 1, 2026. The mechanism opens two reporting channels — a dedicated hotline (010-12369) and an online portal (aqygzj.mofcom.gov.cn) — through which any organisation or individual may report suspected violations including unauthorised exports, circumvention via third-country re-routing, illegal technology transfers, and provision of services to sanctioned exporters. Anonymous reports are accepted; real-name reporters may qualify for monetary rewards; voluntary self-disclosure is treated as a mitigating factor in penalty determination. Service providers including freight forwarders and financial institutions face mandatory reporting obligations when they discover suspected violations in the course of business.

On 8 May 2026 China's National Health Commission released a public consultation draft proposing material amendments to the 2023 Implementation Rules for the Administrative Regulations on Human Genetic Resources, with a comment deadline of 7 June 2026. The draft narrows the statutory "foreign party" definition to a bright-line 50% equity/voting threshold (excluding VIE-structured entities), restricts "HGR Information" strictly to nucleic-acid sequence data (excluding clinical, imaging, and metabolic data), removes the separate Article 37 security-review requirement for sensitive HGR datasets, and introduces a same-day or next-working-day fast-track confirmation for international clinical trials not involving HGR information export.

The Office of the United States Trade Representative released the 2026 Special 301 Report on 30 April 2026, designating Vietnam as a Priority Foreign Country (PFC) — the most severe category under Section 182 of the Trade Act of 1974 (19 U.S.C. § 2242). This is the first PFC designation since Ukraine held the status from 2013 through 2015, a gap of approximately 11 years. The PFC designation triggers a statutory 30-day window (expiring ~30 May 2026) within which USTR must decide whether to initiate a Section 301 investigation under 19 U.S.C. § 2412(b)(2)(A), which could lead to tariffs, withdrawal of trade benefits, or other Section 301 enforcement remedies against Vietnam. Separately, the EU was added to the Watch List for the first time, citing AI training-data, geographical-indications, and customs-enforcement concerns.

China's Ministry of Industry and Information Technology (MIIT) Raw Materials Industry Division opened a 30-day public consultation on 28 April 2026 on the Administrative Penalty Discretion Standards Table operationalising the State Council's Rare Earth Management Regulation (Order No. 785, in force 1 October 2024). The draft sets a tiered fines schedule for breaches across the entire mining → smelting → separation → sales value chain — fines up to five times "illegal gains" for production-quota breaches under 10%, escalating to product/equipment confiscation and licence revocation for breaches over 30%. Traceability-reporting failures under MIIT's national rare-earth traceability platform are penalised separately with fines up to ten times illegal gains. Comments close 28 May 2026.

Premier Li Qiang signed State Council Order No. 835 on 13 April 2026 promulgating the "Regulations of the People's Republic of China on Countering Foreign States' Unlawful Extraterritorial Jurisdiction" (20 articles), effective on the date of publication. The Regulations are the first State Council–level administrative regulation to operationalise the PRC's framework for identifying and countering foreign extraterritorial measures on a horizontal basis, complementing the 2021 Anti-Foreign Sanctions Law and the March 2025 AFSL implementation regulations. Article 5 establishes a State Council–led inter-agency coordination mechanism; Article 6 vests the State Council legal affairs department (the Ministry of Justice in practice) with authority to identify "improper" foreign extraterritorial measures and to grant exemptions; Article 8 authorises a new Malicious Entity List targeting foreign organisations and individuals that "promote or participate in implementing" such measures, with nine countermeasure categories spanning visa denial, asset freezing, trade restrictions and fines; Article 11 codifies an exemption-application channel under which Chinese persons facing conflicting legal demands may request approval to comply with foreign measures within a defined scope; Article 14 authorises a private right of action for harmed Chinese citizens and organisations to sue parties enforcing such measures; and Article 18 elevates enforcement beyond administrative penalties by referencing potential criminal liability.

Kenya's Senate introduced the Artificial Intelligence Bill, 2026 (Senate Bills No. 4 of 2025) on 19 February 2026, sponsored by Nominated Senator Karen Nyamu; the bill received its first reading on 2 April 2026 and was committed to the Senate Standing Committee on Information, Communication and Technology for public-input review. The bill establishes a risk-based AI regulatory framework explicitly modelled on the EU AI Act (Regulation 2024/1689), creating a four-tier classification (prohibited / high-risk / limited-risk / minimal-risk) with conformity- assessment, technical-documentation, and human-oversight obligations for high-risk AI systems. It creates the Office of the Artificial Intelligence Commissioner as a new statutory regulator with licensing, enforcement, and administrative-penalty powers, and bans social-scoring systems, real-time remote biometric identification in public spaces, emotion recognition in workplaces and education, and predictive policing based on profiling. The bill is the first comprehensive national AI regulatory instrument in Africa, closing a structural geographic gap in the global AI-governance architecture and positioning Kenya as the Brussels-effect template-recipient for the African continent.

The Federal Acquisition Regulatory Council (DOD, GSA, and NASA) published a Notice of Proposed Rulemaking on 17 February 2026 (FR Doc 2026-03065, 91 FR 7223) implementing Section 5949(a) of the NDAA FY2023 (Pub. L. 117-263), which bars executive agencies from acquiring electronic products or services containing semiconductor components designed, produced, or provided by SMIC, CXMT, YMTC, or their affiliates. A Part B prohibition extends the restriction to "critical systems" whose subsystems incorporate covered semiconductors regardless of COTS sourcing. The comment period closed 20 April 2026; proposed prohibitions take effect 23 December 2027.

Sultan Haitham bin Tariq issued Royal Decree 27/2026 on 11 February 2026, published in Official Gazette 1635 on 15 February 2026, entering into force 30 days later on 17 March 2026. The decree enacts the GCC Common Industrial Regulatory Law as binding Omani national law, implementing the GCC-wide harmonised framework originally adopted at the Supreme Council level (RD 61/2008) with an expanded scope covering manufacturing, service, advanced technology, knowledge, and environmental industries. The law mandates prior industrial licensing for all new and materially modified industrial projects, sets unified approval, revocation, and compliance standards, and explicitly repeals prior conflicting national provisions — completing Oman's implementation of the common GCC industrial regulatory architecture alongside parallel implementations in UAE, KSA, Bahrain, Qatar, and Kuwait. This is one of three simultaneous Royal Decrees issued on 11 February 2026, alongside RD 28/2026 (GCC Unified Customs Law amendments) and RD 39/2026 (OPAZ Statute restatute), forming a coherent 2026 Omani industrial and economic-zone architecture restatement.

On 3 February 2026 the European Commission opened an in-depth Phase II investigation under the Foreign Subsidies Regulation (FSR) — the second FSR ex officio case and the first targeting the renewable-energy wind-OEM sector — into whether Xinjiang Goldwind Science & Technology Co., Ltd. and its EU affiliates received Chinese foreign subsidies (grants, preferential tax treatment, and state-bank preferential financing) that distort competition for wind-turbine supply and services in the EU internal market. The case (FS.100143) follows the April 2024 preliminary-review opening and subjects Goldwind to an 18-month Phase II investigation with potential redressive-measures decision. The action structurally extends the FSR enforcement perimeter from security equipment (Nuctech, FS.100068) into the green-transition energy-equipment supply chain.

Taiwan's Legislative Yuan passed the Artificial Intelligence Basic Act (人工智慧基本法) on third reading on 23 December 2025, and President Lai Ching-te promulgated the 20-article statute on 14 January 2026, bringing it into force immediately. The Act designates the National Science and Technology Council (NSTC) as the central AI-policy competent authority and codifies seven governance principles — sustainability and well-being, human autonomy, privacy protection and data governance, cybersecurity and safety, transparency and explainability, fairness and non-discrimination, and accountability — that apply to all public-sector AI procurement and high-risk sectoral applications. The statute establishes a statutory foundation for the Taiwan AI Action Plan 2.0, mandates an Executive Yuan National AI Strategy Committee, and provides authority for sector-specific implementing regulations by FSC, NCC, MOHW, and MOTC across finance, telecoms, medical, and autonomous-vehicle AI within a two-year window. As the first national AI governance statute in the Greater China region and the third globally after the EU AI Act and South Korea's AI Basic Act, it frames regulatory expectations for the companies at the heart of the global AI hardware supply chain — TSMC, NVIDIA ODM partners, and advanced-packaging incumbents — that are headquartered or operate substantially in Taiwan.

Section 851 of the FY 2026 National Defense Authorization Act (P.L. 119-60), signed December 18, 2025, prohibits US federal agencies from procuring biotechnology equipment or services from designated "biotechnology companies of concern" (BCCs), and bars federal contractors from using such equipment/services in work performed under federal contracts, grants, or loans. The final enacted text ties initial BCC designations to DoD's existing §1260H Chinese-military-company list (which currently includes BGI and MGI, but not WuXi AppTec or WuXi Biologics) and directs OMB to designate additional BCCs within one year of enactment; operational prohibitions activate 60-90 days after FAR revision, with a five-year grandfather period for pre-existing contracts — enforcement is expected to begin in 2027-28. The legislation is the successor to H.R.8333 (118th Congress, House-passed September 2024 but stalled in the Senate before adjournment) and represents the first enacted US federal-procurement biotech-supply-chain-resilience statute.

On 10 December 2025 the European Commission opened an in-depth investigation under the Foreign Subsidies Regulation (FSR) — its first ex officio Phase II investigation — into whether Chinese state-controlled security-scanner producer Nuctech received foreign subsidies enabling it to offer prices and conditions that EU competitors could not match across airport, port, and border-crossing markets. Nuctech Technology, controlled by Tsinghua Tongfang (PRC state-linked), operates EU subsidiaries in Poland and the Netherlands (Nuctech Warsaw and Nuctech Netherlands), supplying threat-detection scanners to roughly 80% of EU airports and 70% of EU sea and land border crossings. The case (FS.100068) followed April 2024 unannounced FSR dawn raids at Nuctech's Polish and Dutch premises — one of the first uses of FSR inspection powers — and sets a precedent for ex officio scrutiny of state-subsidised foreign incumbents beyond the M&A and public-procurement tracks where FSR had previously operated.

On 10 December 2025 the National Assembly of Vietnam adopted Law No. 134/2025/QH15 on Artificial Intelligence (8 chapters, 35 articles), Vietnam's first dedicated AI statutory framework and one of the first comprehensive horizontal AI laws in Southeast Asia. The law establishes a three-tier risk-based regulatory architecture (high / medium / low) for the research, development, provision, deployment, and use of AI systems; defines the rights and obligations of providers, deployers, importers, distributors, and users; and mandates state oversight via the Ministry of Information & Communications and Ministry of Science & Technology. Prohibited acts include systematic deception, manipulation of human perception, generation of fake content endangering national security, exploitation of vulnerable populations, and obstruction of human-supervision mechanisms. The law applies to Vietnamese agencies, organizations, and individuals as well as foreign organizations and individuals involved in AI-related activities in Vietnam, taking effect 1 March 2026 with 12-18 month transition windows for existing systems depending on sector.

India's Ministry of Electronics and Information Technology (MeitY) notified the Digital Personal Data Protection Rules, 2025 via Gazette notification G.S.R. 846(E) on 13 November 2025, operationalising the 2023 DPDP Act. The Rules introduce a "negative list" cross-border personal-data transfer regime under Rule 14, verifiable parental consent, breach-notification windows, and tiered penalties up to INR 250 crore. Implementation is phased: Data Protection Board provisions in force on notification, Consent Manager rules from 13 Nov 2026, and core data-fiduciary / cross-border-transfer obligations from 13 May 2027.

On 6 November 2025, the US Department of the Interior (DOI) and the US Geological Survey (USGS) released the final 2025 List of Critical Minerals under the Energy Act of 2020 (30 U.S.C. § 1606), expanding the designation from 50 to 60 minerals. The final list adds 10 newly designated commodities — boron, copper, lead, metallurgical coal, phosphate, potash, rhenium, silicon, silver, and uranium — based on updated supply-chain disruption modelling, public comment, and interagency recommendations. The list constitutes the foundational statutory anchor for downstream US critical-minerals policy instruments including DPA Title III awards, DOE LPO Title 17 loan eligibility, IRA Section 45X Advanced Manufacturing Production Credit eligibility, Section 30D FEOC determinations, BIS export-control predicate assessments, Section 232 trade-investigation predicates, and CFIUS critical-technology triggers under 31 CFR § 800.215.

China's State Council promulgated Order No. 818 on 28 September 2025 (effective 1 May 2026), establishing a comprehensive dual-track regulatory framework for biomedical new technologies — defined as techniques operating at the cellular or molecular level not yet clinically applied in China, covering cell therapy, gene editing, CAR-T, stem-cell, xenotransplantation, brain-computer interfaces, and nucleic-acid therapies. The regulation creates two parallel pathways: a traditional NMPA drug/device registration route and a new NHC-supervised clinical-research-to-commercialization track applicable to highly personalised or rare-disease therapies meeting staged safety and efficacy thresholds. Commercialisation under the NHC track is initially restricted to accredited Grade-3A medical institutions without full NMPA marketing approval, potentially accelerating patient access for qualifying technologies by 5–8 years relative to the standard registration pathway.

Canada announced on 29 June 2025 that it would rescind the Digital Services Tax Act (originally enacted 20 June 2024) to revive US-Canada trade negotiations after President Trump suspended talks on 27 June, citing the 3% DST on large digital-services revenues as a discriminatory measure against US technology firms. The Canada Revenue Agency halted collection effective 30 June 2025, and legislation to retroactively repeal the Act back to its June 2024 enactment date is to follow, with refunds — plus interest at the standard corporate tax refund rate — to be paid to affected taxpayers including US technology majors.

BIS (acting through its Office of Information and Communications Technology and Services, OICTS) published a final rule under Executive Order 13873's ICTS authority prohibiting certain connected-vehicle (CV) transactions involving hardware and software designed, developed, manufactured, or supplied by persons owned by, controlled by, or subject to the jurisdiction of the People's Republic of China or the Russian Federation. The rule reaches the Vehicle Connectivity System (VCS — hardware/software enabling external RF connectivity above 450 MHz) and the Automated Driving System (ADS) software stack. Effective 17 March 2025, with phased prohibitions: import/sale of CVs incorporating covered software prohibited from model year 2027; import of covered VCS hardware prohibited from model year 2030 (or 1 January 2029 for hardware not associated with a model year). Importers and connected-vehicle manufacturers must file annual Declarations of Conformity.

The Bureau of Industry and Security (BIS) issued an interim final rule (FR Doc. 2024-15810) amending the Export Administration Regulations (EAR) so that certain "releases" of technology and software during "standards-related activities" are no longer subject to the EAR. The rule revises 15 CFR §734.10 and consolidates the patchwork of prior carve-outs (May 2019 Huawei 5G TGL, June 2020 IFR, September 2022 Entity-List-wide IFR) into a single activity-based exclusion. The change enables US firms to participate in international standards bodies (IEEE, 3GPP, ITU, ISO, IEC) alongside Entity-Listed parties — most consequentially Huawei — without licence exposure. Comments were due September 16, 2024.

The Department of Commerce published a final rule redesignating the regulations implementing Executive Order 13873 (Securing the Information and Communications Technology and Services Supply Chain) from 15 CFR subtitle A, part 7 (Office of the Secretary of Commerce) to 15 CFR subtitle B, chapter VII, part 791, under the Bureau of Industry and Security (BIS). The redesignation reflects the formal transfer of ICTS-transaction review authority from the Secretary of Commerce to BIS's new Office of Information and Communications Technology and Services (OICTS). The rule is non-substantive — it relocates the existing regulatory text without altering the scope of covered ICTS transactions, the foreign-adversary list, the review procedures, or any substantive obligations on parties. Effective on publication (18 July 2024) without notice and comment because it is an internal agency reorganization.

On 3 April 2024 the European Commission opened two simultaneous FSR Phase II in-depth investigations — the second and third ever under the Foreign Subsidies Regulation (Regulation 2022/2560) — concerning a Romanian public-procurement procedure for the design, construction and operation of a 454.97 MW EU-co-funded photovoltaic park (Rovinari Est). The first investigation targeted the ENEVO Group consortium including LONGi Solar Technologie GmbH (German subsidiary wholly owned by HK-listed LONGi Green Energy Technology Co., Ltd.); the second targeted Shanghai Electric UK Co. Ltd. and Shanghai Electric Hong Kong International Engineering Co., Ltd. (Chinese SOE). Both respondents withdrew from the procurement procedure after the Commission's opening; the Commission subsequently closed both investigations. This was the first FSR Phase II enforcement action in the renewable-energy / solar-PV sector and the first targeting a private Chinese-listed company's EU subsidiary.

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.

BIS published an interim rule on January 12, 2022 delaying the effective date of its October 21, 2021 cybersecurity items interim final rule by 45 days, from January 19, 2022 to March 7, 2022. The underlying October 2021 rule establishes new Export Control Classification Numbers (ECCNs) for cybersecurity items — including intrusion software, command-and-control platforms, and surveillance tools — and introduces License Exception ACE (Authorized Cybersecurity Exports) for national security and anti-terrorism purposes. The delay was granted after twelve public comments highlighted significant compliance challenges, with BIS acknowledging the need for additional time for industry to update procedures and for BIS to issue supplemental guidance before the controls took effect.

Effective 5 October 2021, BIS published a final rule (86 FR 55268, FR Doc 2021-20649) making targeted editorial corrections and clarifications across eleven parts of the Export Administration Regulations (15 CFR Parts 732, 734, 736, 738, 740, 744, 748, 750, 770, 772, and 774). The errors corrected were inadvertent inconsistencies between different EAR parts where outdated or slightly divergent language had accumulated; the rule aligns those sections with the most-current language used elsewhere in the regulations. No substantive changes to licensing requirements, control lists, or end-use restrictions were made — this is a regulatory maintenance action.

On June 1, 2021, the Bureau of Industry and Security (BIS) published FR Doc 2021-11585 (86 FR 29189) notifying the public that, effective May 26, 2021, BIS had assumed jurisdiction over certain firearms-related "technology" and "software" — specifically digital files (CAD/AMF/G-code) for 3D-printed firearms and CNC milling instruction files — under ECCNs 0D501 and 0E501 of the Export Administration Regulations (EAR). The transfer was triggered by the Ninth Circuit's April 27, 2021 vacatur of a March 6, 2020 district-court preliminary injunction that had blocked the technology/software prong of the broader January 23, 2020 USML-to-CCL transfer rule. Internet posting of such files now requires a BIS license (review policy: denial), completing the full implementation of the January 2020 rule transferring USML Categories I–III (firearms, guns, and ammunition) from ITAR/State Department to EAR/Commerce jurisdiction.

The Bureau of Industry and Security (BIS) amended the Export Administration Regulations (EAR) to revise the licensing review policy for items controlled for Crime Control (CC) reasons, explicitly embedding human rights considerations into the review calculus. License applications for CC-controlled items — including stun guns, less-lethal ammunition, restraints, and biometric equipment such as fingerprint analyzers, polygraphs, and voice-stress devices — will be assessed case-by-case, with presumption of denial when the destination country or region exhibits civil disorder or when there is a risk items will be used to violate or abuse human rights (through censorship, surveillance, detention, or excessive force). The rule also extended human rights review as a factor to nearly all other EAR license applications, not only CC-flagged items.

On 15 March 2019, the Second Session of the 13th National People's Congress adopted the Foreign Investment Law of the People's Republic of China (FIL), effective 1 January 2020. The statute replaced the prior tripartite FDI regime — the 1979 Equity Joint Venture Law, the 1986 Wholly Foreign-Owned Enterprise Law, and the 1988 Contractual Joint Venture Law (collectively the "Three Laws") — with a unified legal framework covering all foreign investment in China. The FIL establishes a pre-establishment national treatment plus negative-list regime jointly administered by NDRC and MOFCOM, a Foreign Investment Information Reporting System replacing the former case-by-case approval regime, a national security review mechanism (China's CFIUS equivalent, codified at Art. 35), and Art. 22 technology-transfer prohibition protections. The State Council Implementation Regulations (Order No. 723, promulgated 26 December 2019) entered force on the same date as the FIL.

Germany's Außenwirtschaftsgesetz (AWG, Foreign Trade and Payments Act; BGBl. I 2013 S. 1482 of 6 June 2013, replacing the original 1961 Act) is the foundational parent statute of the modern German economic-statecraft toolkit, providing the legislative authority for (i) export licensing of dual-use goods and technology administered by BAFA under the Außenwirtschaftsverordnung (AWV) implementing regulation — the national complement to EU Dual-Use Recast Regulation 2021/821; (ii) inward FDI screening by BMWK under §§ 55–62 AWG covering non-EU/non-EFTA acquisitions of ≥ 25% of voting rights cross-sectorally and ≥ 10%/20% in 27 sensitive-sector activities including defence, semiconductors, AI, quantum, biotech, space, and critical infrastructure; and (iii) German implementation of EU-level and autonomous trade and sanctions restrictions. As the EU's largest economy and a top-tier dual-use exporter, Germany's AWG-based regime is structurally peer-foundational to JP FEFTA 1949, UK NSI Act 2021, US ECRA 2018, CN Export Control Law 2020, and NL Wet Vifo 2022 in the G7+CN economic- statecraft parent-statute cluster.

South Korea's Foreign Trade Act (대외무역법, Act No. 5211, enacted 31 December 1986 and repeatedly amended) is the foundational statutory framework of the Republic of Korea's foreign trade and export-control regime. It establishes the Ministry of Trade, Industry and Energy (MOTIE) as the administering authority for foreign trade policy and empowers it to designate strategic items, issue and revoke export licences, operate catch-all controls over non-listed goods destined for WMD-development end-uses, and coordinate with the Nuclear Suppliers Group-administered National Security Authority for Strategic Commerce (NSASC) on Category-0 nuclear items and the Defence Acquisition Programme Administration (DAPA) on military goods. Every MOTIE strategic-items notification (the "Public Notice on Export and Import of Strategic Materials," currently encompassing Categories 1-9 dual-use items harmonised with Wassenaar, MTCR, AG, and NSG) and every MOTIE outbound-investment screening measure derives its legal authority from the Act.