China: MOFCOM Implements Export Controls for Rare Earth-Related Items
Published 22 October 2025
Yu Du
On 9 October 2025, China’s Ministry of Commerce (MOFCOM) issued Announcement No. 61 of 2025, introducing a new export control regime on overseas rare earth-related items. The decision is made is based on China’s Export Control Law and the Regulations on the Export Control of Dual-Use Items. Measures involving overseas manufacturing using Chinese-origin items or technology will take effect on 1 December 2025, and measures concerning direct export of Chinese-origin controlled items take effect immediately upon publication.
Main Export Control Measures
1. Licensing Requirements
Foreign organizations and individuals (foreign specific exporters) must obtain an export license issued by MOFCOM before exporting certain items to third countries or regions. The scope of controlled items includes:
i) products manufactured overseas that incorporate, integrate, or contain Chinese-origin Samarium, Dysprosium, Gadolinium, Terbium, Lutetium, Scandium, Yttrium; Samarium–Cobalt alloy, Terbium–Iron alloy, Dysprosium–Iron alloy, Terbium–Dysprosium–Iron alloy; Dysprosium oxide; and Terbium oxide, where the value ratio of these Chinese-origin components in the final product reaches or exceeds 0.1%. The final products include, but are not limited to, Samarium–Cobalt permanent magnet materials; Terbium-containing NdFeB magnets; Dysprosium-containing NdFeB magnets; parts and components containing the above materials; and various rare earth target materials (including Sm targets, Sm–Co alloy targets, Sm–Fe alloy targets; Gd targets, Gd–Fe alloy targets, Gd–Co alloy targets; Tb targets, Tb–Co alloy targets, Tb–Dy–Fe alloy targets; Dy targets, Tb–Dy–Fe alloy targets; Lu targets, Sc targets, Y targets, Y–Al alloy targets, and Y–Zr alloy targets); ii) products produced overseas using Chinese-origin rare earth mining, smelting and separation, metal refining, magnet manufacturing, or secondary resource recycling technologies; and iii) direct exports of the above-mentioned Chinese-origin controlled rare earth items themselves.
2. Restrictions on Sensitive End Users
Export license applications involving military end users, or entities listed on China’s export control or watch lists (including their subsidiaries and branches in which they hold 50% or more) will in principle not be approved.
3. Prohibited End Uses
Licenses will not be granted for exports intended for the design, development, production, or use of weapons of mass destruction and their delivery systems, terrorist activities and military use or enhancement of military capabilities.
4. Advanced Semiconductor and AI End Uses
Exports with end uses related to R&D and production of logic chips at 14nm or below, or memory chips with 256 layers or more, manufacturing, testing equipment, or materials for such semiconductor processes, and development of AI with potential military applications, will be subject to case-by-case review.
5. Humanitarian Exemptions
Exports intended for emergency medical care, public health emergencies, or natural disaster relief do not require an export license. However, foreign specific exporters must report to MOFCOM within 10 working days after export via email (jingwaibaogao@mofcom.gov.cn) and commit that the items will not be used to harm China’s national security or interests.
6. Licensing Procedures
Applicants must comply with Article 16 of the Regulations on the Export Control of Dual-Use Items and MOFCOM’s dual-use item export licensing system at: http://ecomp.mofcom.gov.cn. Applications may be submitted directly or through entrusted entities (e.g., Chinese enterprises, intermediaries, chambers of commerce, or associations) that are independent legal entities or bear legal liability.
If unsure whether an item is controlled, exporters may consult MOFCOM by email: jingwaizixun@mofcom.gov.cn.
7. Compliance Notice Requirements
Chinese exporters of rare earth elements and compounds must declare the final destination during customs clearance and issue a Compliance Notice to overseas importers or end users. Foreign specific exporters must also issue the same Compliance Notice when transferring or exporting controlled items to the next recipient.
Compliance Notice
Under the new measures, a Compliance Notice must accompany any transfer or export of controlled items. The notice informs the next recipient of the Chinese-origin content and their legal obligations under Announcement No. 61.
Below are the key clauses of the Compliance Notice template.
To: [Recipient / Importer / Next End User]
The [item description] exported/transferred to your company contains Chinese-origin controlled rare earth content, representing [ ]% of its value.
In accordance with MOFCOM Announcement No. 61 of 2025, please comply with the following:
1. Before exporting the item to other countries or regions, you must obtain an export license from MOFCOM.2. If the item is used as raw material (parts, components) to produce other items, and the Chinese-origin controlled content is ≥0.1%, the final item is also subject to MOFCOM Announcement No. 61, and an export license is required for further export.3. When transferring or exporting the item, you must also provide this Compliance Notice to the next recipient.
[Name of foreign specific exporter / Chinese exporter][Stamp or signature of legal representative][Date]
Comment
This announcement marks a significant tightening of China’s outbound control over rare earth resources and technologies. By extending control to overseas products containing minimal amounts of Chinese-origin rare earth content and to products made using Chinese rare earth technologies, China is asserting regulatory reach beyond its borders in a manner similar to extraterritorial export control regimes in other major economies. This move is expected to have important implications for industries such as semiconductors, defense, and clean energy.
At this stage, although the online licensing portal has been indicated in the announcement, the actual application submission channel has not yet been observed. We will continue to closely monitor subsequent developments, including the release of practical licensing procedures or implementing guidelines that may follow.
Main Export Control Measures
1. Licensing Requirements
Foreign organizations and individuals (foreign specific exporters) must obtain an export license issued by MOFCOM before exporting certain items to third countries or regions. The scope of controlled items includes:
i) products manufactured overseas that incorporate, integrate, or contain Chinese-origin Samarium, Dysprosium, Gadolinium, Terbium, Lutetium, Scandium, Yttrium; Samarium–Cobalt alloy, Terbium–Iron alloy, Dysprosium–Iron alloy, Terbium–Dysprosium–Iron alloy; Dysprosium oxide; and Terbium oxide, where the value ratio of these Chinese-origin components in the final product reaches or exceeds 0.1%. The final products include, but are not limited to, Samarium–Cobalt permanent magnet materials; Terbium-containing NdFeB magnets; Dysprosium-containing NdFeB magnets; parts and components containing the above materials; and various rare earth target materials (including Sm targets, Sm–Co alloy targets, Sm–Fe alloy targets; Gd targets, Gd–Fe alloy targets, Gd–Co alloy targets; Tb targets, Tb–Co alloy targets, Tb–Dy–Fe alloy targets; Dy targets, Tb–Dy–Fe alloy targets; Lu targets, Sc targets, Y targets, Y–Al alloy targets, and Y–Zr alloy targets); ii) products produced overseas using Chinese-origin rare earth mining, smelting and separation, metal refining, magnet manufacturing, or secondary resource recycling technologies; and iii) direct exports of the above-mentioned Chinese-origin controlled rare earth items themselves.
2. Restrictions on Sensitive End Users
Export license applications involving military end users, or entities listed on China’s export control or watch lists (including their subsidiaries and branches in which they hold 50% or more) will in principle not be approved.
3. Prohibited End Uses
Licenses will not be granted for exports intended for the design, development, production, or use of weapons of mass destruction and their delivery systems, terrorist activities and military use or enhancement of military capabilities.
4. Advanced Semiconductor and AI End Uses
Exports with end uses related to R&D and production of logic chips at 14nm or below, or memory chips with 256 layers or more, manufacturing, testing equipment, or materials for such semiconductor processes, and development of AI with potential military applications, will be subject to case-by-case review.
5. Humanitarian Exemptions
Exports intended for emergency medical care, public health emergencies, or natural disaster relief do not require an export license. However, foreign specific exporters must report to MOFCOM within 10 working days after export via email (jingwaibaogao@mofcom.gov.cn) and commit that the items will not be used to harm China’s national security or interests.
6. Licensing Procedures
Applicants must comply with Article 16 of the Regulations on the Export Control of Dual-Use Items and MOFCOM’s dual-use item export licensing system at: http://ecomp.mofcom.gov.cn. Applications may be submitted directly or through entrusted entities (e.g., Chinese enterprises, intermediaries, chambers of commerce, or associations) that are independent legal entities or bear legal liability.
If unsure whether an item is controlled, exporters may consult MOFCOM by email: jingwaizixun@mofcom.gov.cn.
7. Compliance Notice Requirements
Chinese exporters of rare earth elements and compounds must declare the final destination during customs clearance and issue a Compliance Notice to overseas importers or end users. Foreign specific exporters must also issue the same Compliance Notice when transferring or exporting controlled items to the next recipient.
Compliance Notice
Under the new measures, a Compliance Notice must accompany any transfer or export of controlled items. The notice informs the next recipient of the Chinese-origin content and their legal obligations under Announcement No. 61.
Below are the key clauses of the Compliance Notice template.
To: [Recipient / Importer / Next End User]
The [item description] exported/transferred to your company contains Chinese-origin controlled rare earth content, representing [ ]% of its value.
In accordance with MOFCOM Announcement No. 61 of 2025, please comply with the following:
1. Before exporting the item to other countries or regions, you must obtain an export license from MOFCOM.2. If the item is used as raw material (parts, components) to produce other items, and the Chinese-origin controlled content is ≥0.1%, the final item is also subject to MOFCOM Announcement No. 61, and an export license is required for further export.3. When transferring or exporting the item, you must also provide this Compliance Notice to the next recipient.
[Name of foreign specific exporter / Chinese exporter][Stamp or signature of legal representative][Date]
Comment
This announcement marks a significant tightening of China’s outbound control over rare earth resources and technologies. By extending control to overseas products containing minimal amounts of Chinese-origin rare earth content and to products made using Chinese rare earth technologies, China is asserting regulatory reach beyond its borders in a manner similar to extraterritorial export control regimes in other major economies. This move is expected to have important implications for industries such as semiconductors, defense, and clean energy.
At this stage, although the online licensing portal has been indicated in the announcement, the actual application submission channel has not yet been observed. We will continue to closely monitor subsequent developments, including the release of practical licensing procedures or implementing guidelines that may follow.