Regarding rare earth exports, the Ministry of Commerce announced export control decisions
The Ministry of Commerce announced the decision to implement export controls on rare earth-related technologies
According to a message from the website of the Ministry of Commerce on October 9, the Ministry of Commerce announced that, after approval by the State Council, it has decided to implement export controls on items related to rare earth technologies. The following items shall not be exported without permission: (1) Technologies and carriers related to rare earth mining, smelting and separation, metal smelting, magnet material manufacturing, and recycling of secondary rare earth resources. (Control code: 1E902.a) (2) Technologies for assembly, commissioning, maintenance, repair, and upgrading of production lines related to rare earth mining, smelting and separation, metal smelting, magnet material manufacturing, and recycling of secondary rare earth resources. (Control code: 1E902.b) For goods, technologies or services not under control, if the exporter knows that they are used or substantially assist in rare earth mining, smelting and separation, metal smelting, magnet material manufacturing, or recycling of secondary rare earth resources abroad, according to Article 12 of the Export Control Law of the People's Republic of China and Article 14 of the Regulations on the Export Control of Dual-Use Items of the People's Republic of China, the exporter shall apply to the Ministry of Commerce for a dual-use item export license before export. No provision shall be made without permission.
The Ministry of Commerce announced the decision to implement export controls on relevant rare earth items overseas
The Ministry of Commerce announced that, after approval by the Chinese State Council, it has decided to take the following export control measures: First, any foreign organization or individual (hereinafter referred to as "foreign specific exporters") must obtain a dual-use item export license issued by the Ministry of Commerce before exporting the following items to countries and regions outside of China: (1) Items containing, integrated with, or mixed with items listed in Part I of Annex 1 of this notice which are manufactured abroad, and items listed in Part II of Annex 1 of this notice which are manufactured abroad, where the value proportion of the items listed in Part I of Annex 1 of this notice reaches 0.1% or more of the value of the items listed in Part II of Annex 1 of this notice; (2) Items listed in Annex 1 of this notice produced abroad using rare earth mining, smelting and separation, metal smelting, magnet material manufacturing, and recycling of secondary rare earth resources technologies originating from China; (3) Items listed in Annex 1 of this notice originating from China. Second, export applications to military users abroad, as well as export applications to importers and end-users listed in the controlled list and the watch list of export controls (including their subsidiaries, branches, etc., with a holding of 50% or more), are generally not approved. Third, export applications for use or possible use in the following final uses are generally not approved: (1) Design, development, production, and use of large-scale weapons of mass destruction and their delivery vehicles; (2) For terrorist purposes; (3) Military use or enhancement of military potential. Fourth, export applications for final use in research, development, and production of logic chips with 14 nanometers or less or storage chips with 256 layers or more, as well as production equipment, testing equipment, and materials for manufacturing these process semiconductors, or research into artificial intelligence with potential military use, will be reviewed on a case-by-case basis. Fifth, export applications for humanitarian relief such as emergency medical care, response to public health emergencies, and natural disaster relief do not require foreign exporters to apply for a dual-use item export license, but they should report to the Ministry of Commerce of China via email (jingwaibaogao@mofcom.gov.cn) no later than 10 working days after the export, and commit that the relevant items will not be used for purposes that endanger China's national security and interests. Sixth, foreign specific exporters applying for dual-use item export licenses should submit relevant documents according to Article 16 of the Regulations on the Export Control of Dual-Use Items of the People's Republic of China and the requirements of the Ministry of Commerce's dual-use item export license approval system. The documents shall be in Chinese. The website address of the approval system is: web link.
Foreign specific exporters can directly submit application documents, or entrust enterprises, intermediary service institutions, chambers of commerce, associations, etc., located within China to handle the matter. The relevant intermediary service institutions or chambers of commerce, associations shall be independent legal persons or independent organizations capable of assuming legal responsibility.
If foreign specific exporters cannot determine whether the items to be exported fall under the items that should be applied for an export license according to the provisions of this notice, they may consult via email (jingwaizixun@mofcom.gov.cn).
Seventh, domestic exporters exporting dual-use items listed in Part I of Annex 1 of this notice shall fill in the final destination country or region when declaring customs, and provide the "Compliance Notice" to the foreign importer and end user according to the compliance guidelines attached to this notice.
Foreign exporters shall provide the "Compliance Notice" to the next recipient when transferring or exporting items subject to the control of this notice, in accordance with the requirements of the compliance guidelines attached to this notice.
Eighth, the parts "1(1)" and "1(2)" of this notice will take effect from December 1, 2025. The part "1(3)" of this notice will take effect from the date of publication.
Original: www.toutiao.com/article/1845465722909705/
Statement: This article represents the views of the author.