The following notice expands Chinese export controls on rare earths. The notice requires Chinese and foreign exporters to obtain Chinese government approval to export dual-use items containing even trace amounts of certain Chinese-origin rare earths. Moreover, these controls apply to goods—notably semiconductor- and AI-related devices and components—manufactured outside of China, if the goods contain permanent magnet materials or sputtering target materials that include said rare earths. This is one of several new, mostly rare earth-related export controls that China announced on October 9, 2025.
An archived version of the Chinese source text is available online at: https://perma.cc/7A9J-WGZR
Ministry of Commerce Notice 2025 No. 61: Announcement of the Decision to Implement Controls on Exports of Rare Earth-Related Items to Foreign Countries
In order to safeguard national security and national interests, and in accordance with the relevant stipulations of the Export Control Law of the People’s Republic of China, Regulations of the People’s Republic of China on Export Controls for Dual-Use Items, and other laws and regulations, with the approval of the Chinese State Council, it is decided to adopt the following export control measures:
1. Foreign1 organizations and individuals (hereinafter “designated foreign export operators”) must obtain a dual-use item export permit issued by the Chinese Ministry of Commerce (MOFCOM) before they export the following items to countries or regions outside of China:
a. Items listed in part 2 of Appendix 1 of this Notice that are manufactured in foreign countries, and that contain, integrate, or have mixed in with them any rare earths listed in part 1 of Appendix 1 of this Notice that were originally produced in (原产于) China, such that the value of said rare earths comprises 0.1% or more of the value of said item;
b. Items listed in Appendix 1 of this Notice, that use rare earths originally produced in China, and that are produced in foreign countries with technologies related to rare earth extraction, smelting separation (冶炼分离), metal smelting, magnetic material manufacturing, or secondary resource recycling;
c. Items listed in Appendix 1 of this Notice that were originally produced in China.
2. In principle, export applications for items destined for foreign military users, and for importers and end users (including subsidiaries or branches for which the parent company controls 50% or more of shares) listed in export controls as users subject to controls or users of concern, will not be permitted.
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