Summary
(1) The Chinese government has implemented new regulations to control the export of certain technologies related to rare earth elements. According to the Export Control Law of the People's Republic of China and the Regulations on the Control of Dual-Use Items Export, the Ministry of Commerce has approved the implementation of export controls on rare earth-related technologies.
(2) The following technologies are subject to export control:
(3) 1. Technologies related to the extraction, smelting, and separation of rare earths, metal smelting, magnetic material manufacturing, and the recycling of rare earth secondary resources. 2. Production line assembly, debugging, maintenance, repair, and upgrading technologies related to the extraction, smelting, and separation of rare earths, metal smelting, magnetic material manufacturing, and the recycling of rare earth secondary resources.
(4) Exporters of non-controlled goods, technologies, or services that are aware that they will be used or have a substantial effect on foreign rare earth extraction, smelting, and separation, metal smelting, magnetic material manufacturing, and rare earth secondary resource recycling activities must apply for a dual-use item export license from the Ministry of Commerce before exporting.
(5) Exporters must determine whether the goods, technologies, or services they intend to export are dual-use items and subject to export control. If they are unsure, they can consult with the Ministry of Commerce.
(6) Service providers, including intermediaries, brokers, agents, logistics companies, postal services, customs brokers, and electronic commerce platforms, are prohibited from providing services that facilitate the export of controlled items without a license. They must actively inquire about the export activities and licensing status of their clients and request to see the license if the client has obtained one.
(7) Technologies that have entered the public domain, basic scientific research technologies, or technologies necessary for ordinary patent applications are not subject to export control. However, publicizing controlled technologies that have not entered the public domain without a license will be subject to penalties under the Export Control Law.
(8) Chinese citizens, enterprises, and organizations are prohibited from providing any substantial assistance or support to foreign rare earth extraction, smelting, and separation, metal smelting, magnetic material manufacturing, and rare earth secondary resource recycling activities without a license. Violations will be punished in accordance with the Export Control Law and the Regulations on the Control of Dual-Use Items Export.
(9) These regulations came into effect on the day of publication and the Ministry of Commerce will update the List of Dual-Use Items for Export Control simultaneously.