On October 9, 2025, the Ministry of Commerce issued two announcements, announcing a series of export control measures.
Ministry of Commerce Announcement No. 61 of 2025: Decision on Imposing Export Controls on Relevant Rare Earth Items Overseas
- Overseas organizations and individuals (hereinafter referred to as Overseas Designated Exporters) must obtain a dual-use item export license issued by the Ministry of Commerce before exporting the following items:
- Items listed in Part 2 of Annex 1 (Item List) to this Announcement manufactured overseas that contain, integrate, or are mixed with items listed in Part 1 of Annex 1 originating from China, where the items listed in Part 1 of Annex 1 account for 0.1% or more of the value of the items listed in Part 2 of Annex 1 manufactured overseas. (Effective December 1, 2025)
- Items listed in Annex 1 to this Announcement produced overseas using technology related to rare earth mining, smelting separation, metal smelting, magnetic material manufacturing, and rare earth secondary resource recycling originating from China. (Effective December 1, 2025)
- Items listed in Annex 1 to this Announcement originating from China. (Effective from the date of promulgation)
- Export applications for overseas military end-users, and for importers and end-users listed on the export control Entity List and Watch List, will in principle not be approved.
- Export applications for items intended or potentially intended for the design, development, production, or use of weapons of mass destruction, terrorist purposes, or military end-uses will in principle not be approved.
- Export applications where the end-use is for the R&D or production of logic chips at 14 nanometers and below, or memory chips with 256 layers and above, and production equipment, testing equipment, and materials for manufacturing semiconductors of these process nodes, or for R&D of artificial intelligence with potential military applications, will be reviewed case-by-case.
- For export applications where the end-use is for emergency medical care or humanitarian relief, overseas exporters do not need to apply for a dual-use item export license, but must report to the Ministry of Commerce no later than 10 working days after export and promise that the relevant items will not be used for purposes harmful to China's national security and interests.
- Overseas Designated Exporters applying for dual-use item export licenses shall submit relevant documents in accordance with the Regulation of the People's Republic of China on the Export Control of Dual-use Items and the requirements of the Chinese Ministry of Commerce's dual-use item export license approval system. When exporting dual-use items listed in Part 1 of Annex 1 to this Announcement, they must declare the final destination country or region as required during customs declaration, and issue a Compliance Notification Letter to overseas importers and end-users according to the attached compliance guidelines. Issue the Compliance Notification Letter to the next recipient when transferring or exporting items controlled under this Announcement.
https://www.mofcom.gov.cn/zwgk/zcfb/art/2025/art_7fc9bff0fb4546ecb02f66ee77d0e5f6.html
Ministry of Commerce Announcement No. 62 of 2025: Decision on Imposing Export Controls on Rare Earth Related Technologies
The following items shall not be exported without a license:
- Technologies related to rare earth mining, smelting separation, metal smelting, magnetic material manufacturing, rare earth secondary resource recycling, and their carriers.
- Technologies for the assembly, debugging, maintenance, repair, and upgrading of production lines related to rare earth mining, smelting separation, metal smelting, magnetic material manufacturing, and rare earth secondary resource recycling.
If exporters know that non-controlled goods, technologies, or services are intended or will substantially assist overseas activities related to rare earth mining, smelting separation, metal smelting, magnetic material manufacturing, and rare earth secondary resource recycling, they shall apply to the Ministry of Commerce for a dual-use item export license before export. Provision is prohibited without a license.
Exporters shall apply to the Ministry of Commerce for an export license in accordance with the Regulation of the People's Republic of China on the Export Control of Dual-use Items; when applying to export technologies, exporters shall submit Appendix 1 Description of the Transfer or Provision of Export-Controlled Technology; when providing technologies controlled under this Announcement within China to overseas organizations or individuals located within China, submit Appendix 2 Description of the Provision of Export-Controlled Technology within China.
No entity or individual shall provide services such as intermediation, matchmaking, agency, freight, delivery, customs declaration, third-party e-commerce transaction platforms, or finance for activities that violate this Announcement. If the export of items potentially controlled under this Announcement is involved, the service provider shall proactively inquire whether the service recipient's export activities are subject to this Announcement's jurisdiction, and whether an export license application is pending or has been obtained; exporters who have obtained a dual-use item export license shall proactively show the license to the relevant service provider.
Technologies already in the public domain, technologies used in basic scientific research, or technologies necessary for ordinary patent applications are not subject to this Announcement. From the effective date of this Announcement, disclosing technologies controlled under this Announcement that are not in the public domain to non-specific objects without a license shall be penalized according to regulations.
Chinese citizens, legal persons, and unincorporated organizations shall not provide any substantial assistance or support for overseas activities related to rare earth mining, smelting separation, metal smelting, magnetic material manufacturing, and rare earth secondary resource recycling without a license. Violations of this Announcement's requirements shall be penalized according to regulations.
This Announcement takes effect from the date of issuance. The Export Control List of Dual-Use Items of the People's Republic of China is updated simultaneously.
https://www.mofcom.gov.cn/zwgk/zcfb/art/2025/art_6cb42957741440c6984de696b70df9ae.html
