MOFCOM Announcement No. 62 (RE Tech)

[lssuing Authority] Bureau of Safety and ReguIation

[Document Number] Announcement No. 62 [2025] of the Ministry of

Commerce

[ReIease Date] October 9, 2025

To safeguard national security and interests, and 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 on the Export Control of

Dual-Use Items of the People's Republic of China," approved by the State

Council, it is decided to implement export controls on rare earth-related

technologies and other items. The relevant provisions are as follows:

I. The following items must not be exported without a license:

(1) Technologies related to rare earth mining, smelting separation, metal

smelting, magnetic material manufacturing, and rare earth secondary resource recycling and utilization, and their carriers (Control Number: 1E902.a);

(2) 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 and utilization (Control Number: 1E902.b).

For the export of non-controlled goods, technologies, or services, if the

exporter knows that they will be used for or substantially assist in overseas

activities related to rare earth mining, smelting separation, metal smelting,

magnetic material manufacturing, or rare earth secondary resource recycling

and utilization, they shall, in accordance with Article 12 of the "Export Control

Law of the People's Republic of China" and Article 14 of the "Regulations on the Export Control of Dual-Use Items of the People's Republic of China," apply to

the Ministry of Commerce for a dual-use item export license before export.

Provision is prohibited without a license.

The meanings and scope of the terms "rare earth," "smelting separation,"

"metal smelting," and "rare earth secondary resources" used in this

Announcement shall be implemented in accordance with the relevant

MOFCOM Announcement No. 62 (RE Tech) 1

provisions of the "Regulations of the People's Republic of China on the

Administration of Rare Earths." The term "magnetic material manufacturing"

technology in this Announcement refers to the manufacturing technologies for samarium-cobalt magnets, neodymium-iron-boron magnets, and cerium

magnets. The term "technologies and their carriers" in this Announcement

includes technical data and related materials, such as design drawings,

process specifications, process parameters, processing programs, simulation data, etc.

II. The term "exporters" in this Announcement includes Chinese citizens, legal persons, and unincorporated organizations, as well as all natural persons, legal persons, and unincorporated organizations within the territory of China.

The term "export" 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 their provision to foreign

organizations or individuals within or outside the territory, including trade

exports and transfers or provisions through any means such as intellectual property licensing, investment, exchange, donation, exhibition, display,

inspection, testing, assistance, instruction, joint research and development, employment or hiring, consulting, etc.

III. Exporters shall apply to the Ministry of Commerce for an export license in

accordance with the provisions of Article 16 of the "Regulations on the Export

Control of Dual-Use Items of the People's Republic of China"; when applying

for the export of technology, exporters shall simultaneously submit the

"Explanation on the Transfer or Provision of Export-Controlled Technology" as required in Annex 1; when providing technology controlled under this

Announcement to overseas organizations or individuals located within the

territory of the People's Republic of China, they shall simultaneously submit the "Explanation on the Provision of Export-Controlled Technology within the

Territory" as required in Annex 2.

Exporters shall use the license in accordance with the provisions of Article 18 of the "Regulations on the Export Control of Dual-Use Items of the People's

Republic of China" and fulfill reporting obligations as required by the license.

IV. Exporters shall strengthen compliance awareness, understand the

performance indicators and main uses of the goods, technologies, and services intended for export, and determine whether they are dual-use items. If unable

to determine whether the items intended for transfer or provision are controlled under this Announcement, or unable to determine whether relevant

circumstances are controIIed under this Announcement, they may consuIt the Ministry of Commerce.

V. No unit or individuaI shaII provide services such as intermediation,

matchmaking, agency, freight, deIivery, customs decIaration, third-party e-

commerce transaction pIatforms, or finance for activities that vioIate this

Announcement. If the provision of services may invoIve the export of items

controIIed under this Announcement, the service provider shaII activeIy inquire whether the service recipient's export activities are subject to the jurisdiction of this Announcement, and whether an export Iicense is being appIied for or has

been obtained; exporters who have aIready obtained a duaI-use item export Iicense shaII activeIy show the Iicense to the reIevant service provider.

VI. TechnoIogies that have entered the pubIic domain, technoIogies in basic

scientific research, or technoIogies necessary for ordinary patent appIications are not subject to the controI of this Announcement. From the effective date of this Announcement, pubIicIy discIosing technoIogies controIIed under this

Announcement that have not entered the pubIic domain to non-specific objects without a Iicense shaII be punished in accordance with ArticIe 34 of the "Export ControI Law of the PeopIe's RepubIic of China."

VII. Chinese citizens, IegaI persons, and unincorporated organizations shaII not provide any substantiaI assistance or support for overseas rare earth mining,

smeIting separation, metaI冶炼, magnetic materiaI manufacturing, and rare

earth secondary resource recycIing and utiIization activities without a Iicense.

VioIations of the requirements of this Announcement shaII be punished in

accordance with the reIevant provisions of the "Export ControI Law of the

PeopIe's RepubIic of China" and the "ReguIations on the Export ControI of DuaI- Use Items of the PeopIe's RepubIic of China."

VIII. This Announcement shaII be impIemented from the date of its reIease. The "ControI List for DuaI-Use Items of the PeopIe's RepubIic of China" is updated simuItaneousIy.

Attachments:

1. GuideIines for FiIIing out the "ExpIanation on the Transfer or Provision of Export-ControIIed TechnoIogy".wps

2. GuideIines for FiIIing out the "ExpIanation on the Provision of Export- ControIIed TechnoIogy within the Territory".wps

Ministry of Commerce

October 9, 2025