商务部公告2025年第61号：关于实施稀土相关物项对外出口管制的决定的公告

In order to safeguard national security and national interests, and in accordancewiththe relevant stipulations of theExport Control Law of the People’s Republic ofChina,Regulations of the People's Republic of China on Export Controls for Dual-UseItems, and other laws and regulations, with the approval of the Chinese State Council,it is decided to adopt the following export control measures: 1.Foreign1organizations and individuals (hereinafter “designated foreign exportoperators”)must obtain a dual-use item export permit issued by the ChineseMinistry of Commerce (MOFCOM) before they export the following items tocountries or regions outside of China: a.Itemslisted inpart 2of Appendix 1 of this Notice that are manufacturedin foreign countries, andthat contain, integrate, or have mixed in withthemany rare earths listed inpart 1of Appendix 1 of this Notice thatwere originally produced in (原产于) China, suchthatthe value of saidrare earths comprises 0.1% or more of the value of said item;b.Itemslisted in Appendix 1 of this Notice,that userare earths originallyproduced in China,andthatare produced in foreign countrieswithtechnologies related torare earthextraction, smelting separation (冶炼分离), metal smelting, magnetic material manufacturing, or secondaryresource recycling;c.Itemslisted in Appendix 1 of this Notice that were originally produced inChina. 2.In principle, export applicationsfor itemsdestined for foreign military users, andfor importers and end users(including subsidiaries or branches for which theparent company controls 50% or more of shares) listed in export controls asusers subject to controls or users of concern, will not be permitted. 3.In principle, export applications for items usedfor, or that couldpossiblybeusedfor, the following end uses, will not be permitted: a.For the design, development, production, or use of weapons of massdestruction (WMD) or their delivery vehicles;b.For terrorist purposes;c.For military use or for improving potential military capabilities (军事潜力). 4.Export applications for items for R&D or production of 14 nm or smaller logicchips or 256-or-more-layer memory chips, or for production equipment, testingequipment, or materials for manufacturing the abovementioned processedsemiconductors, or for R&D ofartificial intelligence (AI) with potential militaryuses,will be approved on a case-by-case basis. 5.For export applications for humanitarian rescue end uses such as for emergencymedicine, sudden public health incidents, or natural disaster assistance, foreignexport operators need not apply for a dual-use export permit, but they shouldnotify MOFCOM byemail (jingwaibaogao@mofcom.gov.cn) no later than 10working days after the export, andshouldpromise that the items involved cannot be used ina manner that harmsChina’s national security or nationalinterests. 6.Designated foreign export operators who apply for a dual-use item exportpermit should submit the relevant documents in accordance with therequirements of article 16 of theRegulations of the People’s Republic of Chinaon Export Controls for Dual-Use Itemsand with the MOFCOM Dual-Use ItemExport Permit Approval System. The Chinese version of the relevant documentsshall be considered the definitive version.The URL of the Approval System is:http://ecomp.mofcom.gov.cn. Designated foreign export operators may submit application documents directly,and may also commission enterprises, intermediary service agencies (中介服务机构), chambers of commerce, or industry associations to handle the paperwork.The intermediary service agencies, chambers of commerce, or industryassociations concerned should be either legal persons or be organizationswithout legal person status that canindependently shoulder legalresponsibility. Designated foreign export operatorswho are unable to determine if the itemsthey are exporting are items that require them to apply for an export permit asstipulated by this Notice may send inquiries via email(jingwaizixun@mofcom.gov.cn). 7.When making their export customs declarations, domestic (境内) exportoperators who export dual-use items listed in part2of Appendix 1 of thisNotice shouldfill in the ultimate destination country or region in accordancewith requirements, and should provide the foreign importer and end user withtheDeclaration of Compliancein accordance with the Compliance Guideattached to this Notice. When transferring or exporting items subject to the controls in this Notice,foreign export operatorsshould provide the next recipient with theDeclarationof Compliancein accordance with the requirements of the Compliance Guideattached to this Notice. 8.Parts 1(a) and 1(b) of this Notice shall take effect on December 1, 2025. Part1(c) of this Notice takes effect on the date of issuance of this Notice [October 9,2025]. Appendices: Appendix1:Listof Items2 Part 1 Metallic samarium, metallic dysprosium, metallic gadolinium, metallic terbium, metalliclutetium, metallic scandium, metallic yttrium,samarium-cob