MOFCOM Announcement No. 62 of 2025: Announcement of the Decision on Implementing Export Controls on Rare Earth Related Technologies
[Issuing Unit] National Security and Control Bureau
[Issuing Document Number] MOFCOM Announcement No. 62 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, it has been decided to implement export controls on rare earth related technologies and other items. The relevant provisions are as follows:
I. The following items may not be exported without permission:
(1) Technologies and 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)
Exporters who knowingly use or substantially contribute to overseas rare earth mining, smelting and separation, metal smelting, magnetic material manufacturing, or rare earth secondary resource recycling activities in non-controlled goods, technologies, or services must apply for a dual-use export license from MOFCOM before exporting, in accordance with 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 Export Control of Dual-Use Items. These items may not be provided without permission.
The meaning and scope of "rare earths," "smelting and separation," "metal smelting," and "rare earth secondary resources" in this announcement shall be governed by the relevant provisions of the Regulations of the People's Republic of China on the Administration of Rare Earths. "Magnetic material manufacturing" technology, as used in this announcement, refers to samarium-cobalt, neodymium-iron-boron, and cerium magnet manufacturing technology. Technology and its carriers, as used in this announcement, include technology-related data such as design drawings, process specifications, process parameters, processing procedures, and simulation data.
II. Exporters, as used in this announcement, include Chinese citizens, legal persons, and unincorporated organizations, as well as all natural persons, legal persons, and unincorporated organizations within China.
For the purposes of this Announcement, "export" means the transfer of controlled items listed in this Announcement from the territory of the People's Republic of China to foreign countries, or the provision of controlled items listed in this Announcement to foreign organizations or individuals within or outside the territory of the People's Republic of China. This includes trade exports and transfers or provision through any means, such as intellectual property licensing, investment, exchange, donation, exhibition, display, testing, assistance, instruction, joint research and development, employment, or consulting.
III. Exporters shall apply to MOFCOM for export licenses in accordance with Article 16 of the "Regulations of the People's Republic of China on Export Control of Dual-Use Items." When applying to export technology, exporters shall also submit a "Statement on the Transfer or Provision of Export Controlled Technology" in accordance with Annex 1. When providing controlled technology from within the territory of the People's Republic of China to foreign organizations or individuals located within the territory of the People's Republic of China, a "Statement on the Provision of Export Controlled Technology within the Territory" shall be submitted in accordance with Annex 2.
Exporters shall use licenses in accordance with Article 18 of the "Regulations of the People's Republic of China on Export Control of Dual-Use Items" and fulfill reporting obligations as required by the licenses.
IV. Exporters shall strengthen their awareness of compliance, understand the performance indicators and primary uses of the goods, technologies, and services to be exported, and determine whether they constitute dual-use items. If it is impossible to determine whether the items to be transferred or provided are subject to the controls of this Announcement, or if it is impossible to determine whether the relevant circumstances are subject to the controls of this Announcement, MOFCOM may be consulted.
V. No entity or individual may provide intermediary, matchmaking, agency, freight, delivery, customs clearance, third-party e-commerce trading platform, or financial services for activities that violate this Announcement. Service providers that may involve the export of items controlled by this Announcement should proactively inquire with the service recipients whether the relevant export activities are subject to the controls of this Announcement and whether they are currently applying for or have obtained export licenses. Export operators that have obtained export licenses for dual-use items should proactively present the licenses to the relevant service providers.
VI. Technologies already in the public domain, technologies used in basic scientific research, or technologies necessary for ordinary patent applications are not subject to the controls of this Announcement. From the effective date of this Announcement, anyone who discloses technologies that are not in the public domain and are subject to the controls of this Announcement to unspecified parties without permission will be punished 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 may not, without permission, provide any substantial assistance or support for overseas rare earth mining, smelting and separation, metal refining, magnetic material manufacturing, or rare earth secondary resource recycling activities. Any violation of this announcement will be punished 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 Export Control of Dual-Use Items.
VIII. This announcement will take effect from the date of publication. The Export Control List of Dual-Use Items of the People's Republic of China will be updated simultaneously.
Appendix:
1. Guidelines for Completing the "Explanation of Transferring or Providing Export-Controlled Technologies"
2. Guidelines for Completing the "Explanation of Providing Export-Controlled Technologies Within the Country"
MOFCOM
October 9, 2025
