MOFCOM Announcement No. 61 of 2025: Announcement of the Decision to Implement Export Controls on Relevant Rare Earth Items from Overseas
[Issuing Unit] National Security and Control Bureau
[Issuing Document Number] MOFCOM Announcement No. 61 of 2025
[Issuing Date] October 9, 2025
To safeguard national security and interests, in accordance with the Export Control Law of the People's Republic of China, the Regulations of the People's Republic of China on Export Control of Dual-Use Items, and other relevant laws and regulations, and with the approval of the State Council of China, the following export control measures have been implemented:
I. Overseas organizations and individuals (hereinafter referred to as "overseas designated export operators") must, before exporting the following items to countries and regions outside of China, Dual-use items that require export licenses issued by MOFCOM of China include:
(1) Items listed in Part II of Annex 1 to this Announcement manufactured overseas that contain, integrate, or are mixed with items listed in Part I of Annex 1 to this Announcement originating in China, and the value of the items listed in Part I of Annex 1 to this Announcement accounts for 0.1% or more of the value of the items listed in Part II of Annex 1 manufactured overseas;
(2) Items listed in Annex 1 to this Announcement manufactured overseas using technologies originating in China for rare earth mining, smelting and separation, metal smelting, magnetic material manufacturing, or rare earth secondary resource recycling;
(3) Items listed in Annex 1 to this Announcement originating in China.
II. In principle, export applications to overseas military users, as well as to importers and end-users listed on the Export Control List and Watchlist (including their subsidiaries, branches, and other affiliates in which they hold a 50% or greater stake), will not be approved.
III. In principle, export applications for items intended or likely to be intended for the following end uses will not be approved:
(1) Design, development, production, or use of weapons of mass destruction and their delivery vehicles;
(2) Terrorist purposes;
(3) Military use or the enhancement of military potential.
IV. Export applications for items intended for the research and development or production of 14nm or below logic chips or 256-layer or above memory chips, as well as production equipment, testing equipment, and materials for manufacturing such semiconductors, or for the development of artificial intelligence with potential military applications, will be reviewed on a case-by-case basis.
V. For export applications for humanitarian relief, such as emergency medical treatment, response to public health emergencies, or natural disaster relief, overseas export operators do not need to apply for dual-use item export licenses. However, they must report the export to MOFCOM of China via email (jingwaibaogao@mofcom.gov.cn) no later than 10 business days after the export and commit that the items will not be used for purposes that endanger China's national security and interests.
VI. Overseas Specific Export Operators applying for export licenses for dual-use items must submit relevant documents in accordance with Article 16 of the Regulations of the People's Republic of China on Export Control of Dual-Use Items and the requirements of MOFCOM of China's Dual-Use Item Export License Approval System. The relevant documents shall be in Chinese. The approval system website is: http://ecomp.mofcom.gov.cn.
Overseas Specific Export Operators may submit their applications directly or entrust enterprises, intermediary service agencies, chambers of commerce, associations, etc. located in China to handle the application. The relevant intermediary service agencies, chambers of commerce, or associations must be independent legal entities or unincorporated organizations that can independently assume legal responsibility.
Overseas Specific Export Operators who are unable to determine whether the items they intend to export fall under the requirements for export licenses under this Announcement may contact us by email (jingwaizixun@mofcom.gov.cn).
VII. Domestic export operators exporting dual-use items listed in Part 1 of Annex 1 to this Announcement must declare the final destination country or region as required during export customs declarations and issue a "Notice of Compliance" to overseas importers and end-users in accordance with the compliance guidelines attached to this Announcement.
Overseas export operators shall, in accordance with the compliance guidelines attached to this Announcement, issue a "Compliance Notice" to the next recipient when transferring or exporting items subject to this Announcement.
VIII. Sections I (I) and II (I) of this Announcement shall come into effect on December 1, 2025. Section I (III) of this Announcement shall come into effect on the date of publication.
Appendix:
1. List of Items
2. Guidelines for the "Compliance Notice"
MOFCOM
October 9, 2025
