The Ministry of Commerce announced the decision to impose export controls on rare earth related technologies.

On October 9, the Ministry of Commerce issued an announcement that, in order to safeguard national security and interests, in accordance with relevant provisions of the Export Control Law of the People's Republic of China and the Regulations on the Export Control of Dual-use Items of the People's Republic of China, and with the approval of the State Council, it has decided to implement export controls on rare earth-related technologies and other items. Specifically, technologies related to rare earth mining, smelting and separation, metal smelting, magnetic material manufacturing, and the recycling of rare earth secondary resources, as well as their carriers, shall not be exported without permission. The announcement states that goods, technologies, or services that are not subject to control but are knowingly used for or substantially contribute to activities related to rare earth mining, smelting and separation, metal smelting, magnetic material manufacturing, and the recycling of rare earth secondary resources overseas must apply for a dual-use item export license from the Ministry of Commerce before export. Unauthorized provision is not allowed. The announcement provides definitions and scope for terms like "rare earth," "smelting and separation," "metal smelting," and "rare earth secondary resources" in accordance with relevant regulations. The term "magnetic material manufacturing technology" refers to technologies for samarium-cobalt, neodymium-iron-boron, and cerium magnets manufacturing. The term "technology and its carriers" includes technical databases, such as design drawings, process specifications, process parameters, processing procedures, simulation data, etc. Exporters, including Chinese citizens, legal entities, and non-legal entities, as well as all natural persons, legal entities, and non-legal entities within China, are required to follow the regulations stated in the announcement when transferring controlled items listed in the announcement from China to overseas or providing them to foreign organizations or individuals, whether through commercial exports, knowledge property licensing, investment, exchange, gifts, exhibitions, displays, testing, assistance, teaching, joint research and development, employment or hiring, consulting, or any other means. Exporters must apply for an export license from the Ministry of Commerce in accordance with the Regulations on the Export Control of Dual-use Items of the People's Republic of China, and are required to submit certain documents as specified in the announcement. Exporters must also use the export license as required and fulfill reporting obligations. Any units or individuals are prohibited from providing intermediary, matching, agency, transportation, courier, customs clearance, third-party electronic commerce platforms, or financial services for violations of the announcement. Service providers should inquire about whether the activities they are facilitating fall under the jurisdiction of the announcement, whether an export license is being applied for or has been obtained. Exporters who have obtained a dual-use item export license must present the license to the relevant service providers. Technology that has already entered the public domain, technical research in basic sciences, or technologies necessary for ordinary patent applications are not subject to the announcement. Technologies that are not in the public domain and have not been publicly disclosed without a license after the announcement's effective date will be subject to penalties as per the Export Control Law of the People's Republic of China. Chinese citizens, legal entities, and non-legal entities are not allowed to provide any substantial assistance or support for overseas activities related to rare earth mining, smelting and separation, metal smelting, magnetic material manufacturing, and the recycling of rare earth secondary resources without permission. Violations of the requirements in the announcement will be penalized in accordance with relevant regulations. The announcement is effective from the date of issuance. The List of Dual-use Items Export Control of the People's Republic of China will be updated simultaneously. This article was sourced from the Ministry of Commerce's official website and edited by GMTEight: Xiao Yi Chen.