To keep our clients informed, we are providing the following English translation of the MOFCOM “Ministry of Commerce Announcement No. 62 of 2025“
Ministry of Commerce Announcement No. 62 of 2025
Announcing the Decision to Implement Export Controls on Rare Earth-Related Technologies
[Issuing Authority]: Bureau of Industry, Security, Import and Export Control
[Issuing Document Number]: Ministry of Commerce Announcement No. 62 of 2025
[Date of Issuance]: October 9, 2025
To safeguard national security and interests, in accordance with the relevant provisions of laws and regulations such as the Export Control Law of the People’s Republic of China and the Regulations of the People’s Republic of China on the Export Control of Dual-Use Items, and with the approval of the State Council, it is decided to implement export controls on rare earth-related technologies and other such items. The relevant provisions are as follows:
I. The following items shall not be exported without a license:
(1) Technologies and their carriers related to rare earth mining, smelting and separation, metal smelting, magnetic material manufacturing, and the recycling and utilization of rare earth secondary resources; (Control Code: 1E902.a)
(2) Technologies related to the assembly, commissioning, maintenance, repair, and upgrading of production lines for rare earth mining, smelting and separation, metal smelting, magnetic material manufacturing, and the recycling and utilization of rare earth secondary resources. (Control Code: 1E902.b)
When exporting non-controlled goods, technologies, or services, if an export operator knows that they are intended for or will substantially contribute to overseas activities of rare earth mining, smelting and separation, metal smelting, magnetic material manufacturing, or the recycling and utilization of rare earth secondary resources, they shall, in accordance with the provisions of Article 12 of the Export Control Law of the People’s Republic of China and Article 14 of the Regulations of the People’s Republic of China on the Export Control of Dual-Use Items, apply to the Ministry of Commerce for a dual-use item export license before exporting. They shall not be provided without a license.
The meanings and scopes of “rare earths,” “smelting and separation,” “metal smelting,” and “rare earth secondary resources” as used in this Announcement shall be implemented in accordance with the relevant provisions of the Regulations of the People’s Republic of China on the Administration of Rare Earths. The “magnetic material manufacturing” technology as used in this Announcement refers to the manufacturing technologies for samarium-cobalt (SmCo), neodymium-iron-boron (NdFeB), and cerium-based magnets. The technology and its carriers as used in this Announcement include data such as technology-related information and documentation, for example, design drawings, process specifications, process parameters, processing programs, simulation data, etc.
II. The “export operators” mentioned in this Announcement include Chinese citizens, legal persons, and unincorporated organizations, as well as all natural persons, legal persons, and unincorporated organizations within the territory of China.
The “export” mentioned in this Announcement refers to the transfer of the controlled items listed in this Announcement from within the territory of the People’s Republic of China to outside the territory, or the provision thereof to foreign organizations or individuals, whether within or outside the territory. This includes commercial export as well as transfer or provision by any means, such as intellectual property licensing, investment, exchanges, gifts, exhibitions, demonstrations, inspection, testing, aid, instruction, joint R&D, employment or being employed, and consulting.
III. Export operators shall apply for an export license from the Ministry of Commerce in accordance with the provisions of Article 16 of the Regulations of the People’s Republic of China on the Export Control of Dual-Use Items. When applying to export technology, the export operator shall simultaneously submit the Statement on the Transfer or Provision of Export-Controlled Technology as required in Appendix 1. When providing controlled technology as specified in this Announcement to a foreign organization or individual located within the territory of the People’s Republic of China, they shall simultaneously submit the Statement on the Provision of Export-Controlled Technology within the Territory as required in Appendix 2.
Export operators shall use the license documents in accordance with the provisions of Article 18 and other relevant articles of the Regulations of the People’s Republic of China on the Export Control of Dual-Use Items and fulfill reporting obligations as required by the license.
IV. Export operators shall strengthen their compliance awareness, understand the performance indicators, primary uses, etc., of the goods, technologies, and services intended for export to determine whether they are dual-use items. If they are unable to determine whether an intended transfer or provision of an item is subject to the controls of this Announcement, or whether a particular situation is subject to the controls of this Announcement, they may submit an inquiry to the Ministry of Commerce.
V. No entity or individual shall provide services such as intermediary, matchmaking, agency, freight forwarding, delivery/postal services, customs clearance, third-party e-commerce transaction platforms, and financial services for any act that violates this Announcement. Where a service may involve the export of items controlled by this Announcement, the service provider shall proactively inquire with the client whether the export activity is subject to the jurisdiction of this Announcement and whether an export license is being applied for or has been obtained. Export operators who have already obtained a dual-use item export license shall proactively present the license document to the relevant service providers.
VI. Technologies that have already entered the public domain, technologies in the course of basic scientific research, or technologies necessary for an ordinary patent application are not subject to the jurisdiction of this Announcement. From the date this Announcement takes effect, the disclosure of controlled technologies under this Announcement that have not yet entered the public domain to the general public without a license shall be penalized in accordance with Article 34 of the Export Control Law of the People’s Republic of China.
VII. Chinese citizens, legal persons, and unincorporated organizations shall not, without a license, provide any substantial assistance or support to overseas rare earth mining, smelting and separation, metal smelting, magnetic material manufacturing, or recycling and utilization of rare earth secondary resources activities. Violations of the requirements of this Announcement shall be penalized in accordance with the relevant provisions of the Export Control Law of the People’s Republic of China and the Regulations of the People’s Republic of China on the Export Control of Dual-Use Items.
VIII. This Announcement shall take effect from the date of its issuance. The Export Control List of Dual-Use Items of the People’s Republic of China shall be updated concurrently.
Appendices:
1. Guidelines for Filling Out the Statement on the Transfer or Provision of Export-Controlled Technology
2. Guidelines for Filling Out the Statement on the Provision of Export-Controlled Technology within the Territory
Ministry of Commerce
October 9, 2025
Disclaimer:
This translation is offered as a resource; for official guidance, please consult the original source document and appropriate legal counsel.
