Introduction

Critical minerals have received a surge of attention recently, much of it tied to China’s dominance of extraction and processing and recent application of export controls on minerals with defense applications.  Policy discussions tend to focus on “critical minerals” collectively, but it is important to distinguish those needed for agriculture and transportation from those needed for national security.  Every mineral deemed essential for U.S. national security, economic security, and supply chain resilience and included on the official list of critical minerals maintained by U.S. Geological Survey list is important for its own reasons, but there are a few elements whose looming shortage now borders on an emergency, requiring extra focus from policymakers.  Certain “heavy” rare earth elements are among them.

What are Heavy Rare Earth Elements?

Rare earth elements (“REEs” or “rare earths”), a subset of critical minerals, comprise 17 elements on the periodic table that share similar chemical properties.  Due to their unique magnetic and heat-resisting characteristics, certain REEs are essential in advanced science and technology areas, ranging from consumer products and medical devices to large-scale energy and weapons systems. 

REEs are categorized into two subgroups based primarily on their atomic weights: the “light” rare earth elements (“LREEs”) and the “heavy” rare earth elements (“HREEs”).  The HREE family includes gadolinium, terbium, dysprosium, holmium, erbium, thulium, ytterbium, lutetium, and yttrium.  While REEs in general have many important industrial applications, HREEs are particularly critical for use in advanced technological areas.  For example, dysprosium and terbium enhance the functionality of permanent magnets—used as components in electronic devices, electric vehicles, and wind turbines—by strengthening the thermal and magnetic properties of the magnets.  Yttrium is utilized in medical surgical devices, electronic displays, industrial cutting and welding, and jet-engine coatings, among other applications.

Given their critical utility, it is significant that HREEs are substantially scarcer than LREEs.  REE deposits around the world are typically primarily composed of either LREEs or HREEs, but not both, with HREE-dominant deposits being geographically confined to a handful of countries.  Additionally, while all REEs must go through resource-intensive and heavily polluting separation and refining processes to become industrially useful, the processing capabilities for HREEs are even more concentrated than deposits of these minerals, with nearly all global HREE processing capabilities being located in China.   

The Geography and Political Economy of HREE Mining and Refining

China holds a dominant position in the global REE supply chain, controlling 48% of proven global reserves and 70% of mining output.  However, the world’s reliance on Chinese producers for HREEs is even more acute, with China exercising a virtual monopoly over certain elements. Ionic clays, which are the most significant source of HREEs, have been found mostly in South China and parts of Southeast Asia, including Vietnam and Myanmar.  Consequently, Chinese producers have carved out a powerful lead with regards to HREE extraction.  Some industry estimates indicate that China produces 85% of the world’s holmium oxide, 90% of its thulium oxide, 98% of its dysprosium, and 99% of its yttrium.  Not all HREE supply chains are dominated by China to such an extent.  Chinese production of terbium and erbium, for instance, is in line with its production of rare earths generally.  That being said, the fact remains thatthe global supply chain for these elements, when viewed holistically, is heavily reliant on Chinese production, even compared to the market for rare earth elements generally.

Globally, both private and public sector actors are attempting to develop alternatives to Chinese sources of heavy rare earth elements.  Exploration in both Vietnam and Brazil’s Parnaiba Basin have indicated that both countries have substantial reserves of several heavy rare earths, including dysprosium, erbium, and ytterbium.  Several of these projects have attracted substantial foreign direct investment.  At the same time, production in mines in Western Australia is gradually reducing Chinese dominance over dysprosium production.

These alternatives to Chinese supplies are not, however, likely to be short- or even medium-term solutions to global dependence on China for these commodities for three reasons.

First, many of these projects are still in the exploration phase, potentially requiring years of investment before they can produce heavy rare earths at a level commensurate with Chinese mines.

Second, China has actively invested in its own heavy rare earth extraction projects abroad, gaining effective control of heavy rare earth extraction outside of China, including in areas such as northeastern Myanmar—where Kachin separatists dependent on Chinese buyers control one of the world’s most promising heavy rare earth projects—as well as in the Democratic Republic of the Congo, and Egypt.

Third, Chinese firms account for 99% of global HREE processing capacity, a virtual monopoly outside of processing for certain ultra-niche applications.  While alternatives to Chinese heavy rare earth processing have attracted interest and capital in countries such as Vietnam, Malaysia, France, and Australia, Chinese refineries retain an immense lead that will take years to erode, with the first heavy rare earth processing facility owned by an American firm operating in the United States only coming partially online in July of last year.

Given this combination of factors, it is likely that, absent substantial effort to diversify global HREE supplies and refining capabilities, Chinese producers will retain a dominant position in the international HREE supply chain.

Chinese Export Controls on HREEs

This past year, China’s control over HREEs was underscored when President Xi imposed rigorous export controls on these commodities.  While China has deployed similar restrictions on minerals such as graphite in the past, recent controls were far more extensive.  In April, export controls were widened to include alloys containing lutetium, yttrium, dysprosium, and terbium, as well as commodities incorporating HREEs, such as certain high-end magnets.  These controls, which remain in place, require Chinese suppliers to obtain a license from the Ministry of Commerce (MOFCOM) before export, granting China significant control over critical global supply chains.

Chinese policymakers expanded these controls further in October.  In this second round of regulations, MOFCOM applied export licensing requirements to additional elements such as holmium, erbium, thulium, and ytterbium, along with certain products and components containing these elements.  This expansion effectively extended Chinese export controls to cover all HREEs, as well as certain production equipment and services related to rare earths extraction and refinement.  Critically, these regulations included provisions allowing extra-territorial enforcement, requiring foreign purchasers of Chinese-origin commodities and products to acquire MOFCOM licenses for reexport to third countries, thereby extending Chinese control over HREE transactions that have minimal direct links to China.  This underscored China’s readiness to leverage its dominance in the sector to exert substantial influence over international markets, with affects felt across several strategic sectors in the United States, including aerospace and defense production.

While a “trade truce” reached later in October 2025 between Presidents Trump and Xi led to a one-year suspension of the October controls and offered some relief to firms dependent on Chinese HREEs, these events underscored China’s ability to use its control over HREEs as leverage in discussions with U.S. policymakers.  Indeed, the October truce was made possible only after major U.S. concessions, including pausing the Bureau of Industry and Security’s Affiliates Rule, which would have extended U.S. export licensing requirements to affiliates of certain non-U.S. entities subject to additional export restrictions.  The necessity of the truce itself exemplifies ongoing instability caused by U.S.-China tensions over HREE flows, with several U.S. manufacturers reliant on HREE-based magnets citing uncertainty about the longevity of the truce between the two countries as the root cause of persistently lax orders.  Additionally, recent actions by China, including the announcement that it would modify its dual-use export control regulations to ban exports of rare earths, certain permanent magnets incorporating HREEs, and a variety of other dual-use technologies to Japan over its Prime Minister’s remarks on Taiwan, signal an ongoing strategy of using control over the rare earths supply chain to exert geopolitical influence.  The likelihood that such measures could be used as part of broader Chinese foreign policy implies future uncertainty for the United States, its allies, and businesses reliant on Chinese HREEs.

Recent U.S. Government Actions Addressing HREE Supplies

Motivated in part by China’s strategic use of its control over HREE production, the U.S. government has recently focused its policy agenda on revitalizing the American critical minerals supply chain.  Over the past year, the federal government has taken significant steps to secure reliable supplies and incentivize domestic investments into expanding production capacity. 

On the diplomatic front, the Trump Administration has undertaken several initiatives to collaborate with countries possessing HREE deposits or processing capabilities.  For example, the United States and Australia reached a framework agreement in October 2025 to expand HREE investments through strategic stockpiles, permitting reforms, pricing support, and a $1 billion financing commitment to be made within six months.  This agreement was followed by a memorandum of understanding with Malaysia—currently home to the only operational HREE supply chain outside China—to facilitate information exchange and technical cooperation.

The Administration has also launched broader international initiatives to secure key supply chains that could have implications for critical minerals, including HREEs. For example, Secretary of State Marco Rubio will be convening an inaugural ministerial meeting on critical minerals in Washington in early February which may result in a framework for international cooperation.   In addition, as described in our prior alert, President Trump issued a proclamation on January 15 directing the U.S. Trade Representative and the Department of Commerce to pursue negotiation of international agreements to address the threat to national security posed by imports of processed critical minerals and related U.S. dependences on the same.  Furthermore, the Pax Silica initiative, described by the Department of State as its “flagship effort on AI and supply chain security” has direct implications for minerals policy, although the initiative does not single out HREEs.

Domestically, the federal government has taken a multi-pronged approach.  It has made loan commitments and equity investments to domestic businesses developing REE processing capabilities.  Included among the Department of Energy’s critical minerals funding opportunities announced last year was a round focused on recovering and refining REEs from unconventional feedstocks.  The Defense Logistics Agency has also signaled intent to expand its HREEs holdings in the National Defense Stockpile, the federal government’s strategic reserve of raw materials.

Policy and Business Considerations

Constricted access to very critical minerals, including HREEs, is a specific policy challenge that likely requires nuanced solutions distinct in some ways from general critical minerals supply chain strategies.  

As with lithium, LREEs, and other critical minerals, processing is as, if not more, important than extraction.  While China has previously flooded markets with lithium to fend off competition, it is unlikely to do so with HREEs or important LREEs such as samarium neodymium, or praseodymium, all of which have defense applications and have been subject to export controls. To the contrary, China has already taken action to curtail exports and could eventually decide to simply cease exporting gallium, antimony, and defense-relevant REEs.  The potential for similar actions by China regarding HREEs, particularly in light of last year’s measures, remains a key vulnerability for the United States.

Clients should be aware that policymakers may take extraordinary steps to find near-term or even medium-term solutions.  Covington will continue to monitor this space closely. 

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Photo of Gabe Neville Gabe Neville

Gabe Neville, a non-lawyer, helps clients navigate the complexities of federal policymaking and proactively engage the legislative and executive branches of government. Using an intimate knowledge of the government gained over thirty years in politics, Gabe helps clients understand policymakers, conservative politics, and…

Gabe Neville, a non-lawyer, helps clients navigate the complexities of federal policymaking and proactively engage the legislative and executive branches of government. Using an intimate knowledge of the government gained over thirty years in politics, Gabe helps clients understand policymakers, conservative politics, and the legislative and regulatory tools available to advance their agendas. He also advises on responding to congressional inquiries and invitations to testify.

Gabe supports clients in sectors as varied as mining, franchising, technology, and life sciences and has substantial experience advising on appropriations, critical minerals, energy, food regulation, health, human rights, intellectual property, labor, social media content moderation, telecommunications, tax, and international trade.

He joined Covington after nearly two decades as a senior congressional staffer and chief of staff to a senior Republican member of the House Energy & Commerce Committee. He previously worked as a Pennsylvania state legislative staffer, Republican campaign professional, and journalist.

Gabe has deep relationships in Republican politics and the conservative movement. As a congressional staffer he frequently chaired meetings of the Values Action Team (VAT) and attended weekly meetings of the Republican Study Committee (RSC). Gabe continues to work with these and other center-right organizations that constitute the base of the Republican Party and frequently drive its priorities.

Gabe was chief of staff to the chairman of the Energy & Commerce Health Subcommittee, which oversees a wide range of government health programs and issues, including public health; hospital construction; mental health and research; biomedical programs and health protection in general, including public and private health insurance; food and drugs; and drug abuse. The subcommittee has jurisdiction over federal agencies responsible for public health programs, regulation, and administration. They include the Department of Health and Human Services (HHS), the Food and Drug Administration (FDA), the National Institutes of Health (NIH), the Centers for Disease Control (CDC), the Centers for Medicare and Medicaid Services (CMS), and others.

At Covington, Gabe has prepared dozens of corporate executives, nonprofit leaders, academics, and nominees for congressional committee hearings. These range from routine policy hearings to high-stakes, high-profile congressional investigations.

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Christopher Adams leads the firm’s China-related public policy, international trade, and geopolitical risk work. A non-lawyer, Chris served as the Senior Coordinator for China Affairs at the Treasury Department. He coordinated China policy issues across the U.S. government, led negotiations with China on…

Christopher Adams leads the firm’s China-related public policy, international trade, and geopolitical risk work. A non-lawyer, Chris served as the Senior Coordinator for China Affairs at the Treasury Department. He coordinated China policy issues across the U.S. government, led negotiations with China on a broad range of trade and investment issues, managed the highest level U.S.-China economic policy dialogues for the Obama and first Trump administrations, and advised the Treasury Secretary and other cabinet officials.

Chris helped develop and implement U.S. trade policy toward China and the broader Asia region with the Office of the United States Trade Representative (USTR) from 2007 to 2015 as Deputy Assistant U.S. Trade Representative for China Affairs, Senior Policy Advisor to the Deputy USTR, and Minister Counselor for Trade Affairs at the U.S. Embassy in Beijing, USTR’s first representative in China.

Chris directed government affairs, public relations, and corporate marketing in China for the Eastman Kodak Company from 2001 to 2006 as Chief Representative for China; Vice President, North Asia Region; and Director, Olympic Programs. During this time, Chris was elected to four consecutive terms as a Governor of the American Chamber of Commerce in China and served on the Chamber’s Public Policy Development Committee.’

Chris assisted companies with market access issues as a commercial officer in the U.S. Foreign Commercial Service in Beijing and Taipei, from 1993 to 2001. Before joining the Commerce Department, Chris managed media relations and information programs with the American Institute in Taiwan and directed business advisory services at a private trade association in Washington, DC.

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Kate McNulty is a senior associate in the Washington office who helps clients navigate complex international trade and investment matters. She counsels companies, trade associations, and governments on U.S. trade and tariff measures, as well as implementation of responsive measures by foreign governments.

Kate McNulty is a senior associate in the Washington office who helps clients navigate complex international trade and investment matters. She counsels companies, trade associations, and governments on U.S. trade and tariff measures, as well as implementation of responsive measures by foreign governments. She provides legal and strategic advice to clients on global policy issues and geopolitical risks, including assessing and mitigating reputational, economic, or physical risk to their businesses or investments. She advises clients on the application and use of international treaties—including free trade agreements (FTAs), bilateral investment treaties (BITs), and agreements under World Trade Organization (WTO) framework—to open markets and resolve disputes, also advising clients seeking to understand and engage with the negotiation and implementation of such agreements.

Kate also focuses her trade practice on U.S. anti-forced labor laws as well as business-related human rights matters, advising clients on the application and enforcement of the Uyghur Forced Labor Prevention Act (UFLPA) and Withhold Release Orders (WROs) issued by the U.S. government. She helps clients develop and implement strategies to mitigate supply chain risks, including by building compliance programs, developing due diligence procedures, and conducting risk assessments. She also advises clients on conducting human rights-related investigations and implementing related findings.

Kate has represented corporate clients in both commercial and investment treaty arbitrations, including under ICSID, ICC, UNCITRAL, and ICDR rules, and also represents clients in proceedings before U.S. administrative bodies and U.S. courts, including in trade remedy proceedings (AD/CVD).

She also maintains an active pro bono practice focused on international human rights and public international law. She has represented U.S.-funded media outlet Radio Free Europe/Radio Liberty to secure the release of one of its journalists in a prisoner exchange with Russia. Her work also includes representation of the Clooney Foundation for Justice, the American Bar Association Center for Human Rights, and the Public International Law & Policy Group.

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Jack Haynie is an associate in the firm’s Washington, DC office and a member of the firm’s International Trade Controls and Trade Policy Practice Groups. Jack advises clients on various international trade-related matters including the application of sanctions and export controls administered by…

Jack Haynie is an associate in the firm’s Washington, DC office and a member of the firm’s International Trade Controls and Trade Policy Practice Groups. Jack advises clients on various international trade-related matters including the application of sanctions and export controls administered by the U.S. Departments of the Treasury, Commerce, and State, as well as recent developments in U.S. trade policy and the enforcement of U.S. customs law and regulations.

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Eunsun Cho is an associate in the Government Contracts Practice Group. She assists clients on a range of regulatory and compliance issues.

Eunsun also maintains an active pro bono practice.