Horizons or Fog? What Eversheds Gets Right-and What It Clouds-on Rare Earth Trade

Jul 22, 2025

Highlights

  • China-US trade framework signals potential rare earth export shifts, but lacks binding agreements
  • Global digital and green cooperation expanding, with strategic resource linkages across ASEAN and LATAM regions
  • Geopolitical tensions and export controls intensifying, particularly in rare earth element supply flows

The Eversheds Sutherland supply chain bulletin via JD Supra (opens in a new tab) paints a cautiously optimistic picture of a June 27 โ€œprincipled consensusโ€ between China and the U.S. on a trade framework that may include rare earth export permits. Thatโ€™s factually aligned with PRC Ministry of Commerce (MOFCOM) statements, but readers should note: no binding agreement has been disclosed. Rare earths remain under China's strict export control regime, reinforced by Aprilโ€™s new license mandates on seven heavy and medium REEs. Suggesting openness without clarifying continued strategic chokepoints risks misleading investors.

Whatโ€™s true: MOFCOM's announcement exists.

Whatโ€™s missing: Any enforceable mechanism, timeline, or scope clarity.

ASEAN, LATAM, and Digital Dรฉtenteโ€”But Where Are the Minerals?

The Chinaโ€“ASEAN 3.0 upgrade and CELAC Joint Action Plan are accurately reported, highlighting digital, green, and transport cooperation. However, the report glosses over strategic resource linkagesโ€”like Chinaโ€™s active investment in Brazilian rare earth projects or its growing influence in Argentinaโ€™s lithium triangle. By omitting mention of critical mineral corridors, Eversheds misses key supply chain context.

Export Controls, Sanctions, and the Hidden Risk to REE Flows

The brief rightly emphasizes EU and UK sanctions on Russia, and Chinaโ€™s May crackdown on illegal rare earth exports. However, the tone neutralizes their significance. The PRC's intensified enforcementโ€”across Hong Kong and Macao tooโ€”signals a national security posture with global implications. Investors should expect tighter supply flows, particularly in dysprosium, terbium, and gadolinium.

Meanwhile, the U.S. Administrationโ€™s June 30 directive to streamline funding for energy and critical mineral projects is downplayed. This is no bureaucratic memoโ€”itโ€™s part of a broader federal industrial mobilization, akin to invoking a permitting Manhattan Projectโ€”but is it?

Legal Clarity, But Strategic Blind Spots

Eversheds delivers solid legal overviewsโ€”ideal for compliance officers. But for retail and institutional investors eyeing rare earth exposure, it lacks supply-demand granularity, misses mineral-sector winners/losers, and fails to interrogate geopolitical weaponization of REEs.

Bottom Line:

The article is accurate in describing legal frameworks and diplomatic milestones, but underplays strategic mineral tension points. Readers should view it as a legal baseline, not a supply chain forecast.

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By Daniel

Inspired to launch Rare Earth Exchanges in part due to his lifelong passion for geology and mineralogy, and patriotism, to ensure America and free market economies develop their own rare earth and critical mineral supply chains.

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