President Authorizes Export Controls on Critical Minerals

President Trump recently signed a determination delegating to the Department of Commerce authority under the Defense Production Act to institute export restrictions on recoverable critical minerals and materials.

According to a White House fact sheet, the determination (1) finds that CMMs are critical industrial resources necessary to promoting national defense, particularly with regard to military production, industrial applications, and national security, (2) finds that the U.S. relies heavily on imports of certain CMMs, and (3) grants the DOC the authority to institute export restrictions on CMMs.

The determination defines “recoverable critical minerals and materials” to include black mass, end-of-life, rare-earth permanent magnets or other goods that have fully completed the manufacturing process; swarf; and other waste and scrap containing critical minerals and materials. This term does not include copper scrap.