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Regulation ChangeLiveJun 22, 2024

China issues 'Regulations on the Management of Rare Earths' (State Council Decree No. 785) establishing market access controls, quota management and traceability

China promulgated the 'Regulations on the Management of Rare Earths' (稀土管理条例) via State Council Decree No. 785 (adopted 26 April 2024; promulgated 22 June 2024; effective 1 October 2024). The regulation sets an overarching compliance framework for rare earth activities in China, covering mining, smelting/separation, metal smelting, comprehensive utilization, product circulation, and import/export. Key compliance impacts include: (1) market access restrictions—only enterprises designated by the competent authorities may conduct rare earth mining and smelting/separation; (2) state total-volume control (quota-style) for mining and smelting/separation with implementing measures to be developed by MIIT and other agencies; (3) establishment of a rare earth product traceability information system requiring covered enterprises to maintain flow records and submit data; and (4) explicit prohibitions on purchasing/processing/selling/exporting illegally mined or illegally separated rare earth products, backed by administrative penalties (e.g., confiscation, fines, suspension, potential license revocation). Compliance teams in REE mining/processing, trading, and export supply chains should review eligibility/designation status, align internal controls with quota/traceability requirements, and ensure supplier due diligence to avoid handling illegal materials.

Rare Earth Elements (PRC)State Council of the People's Republic of ChinaJun 22, 2024