Consult Victoria

How do US IRA Section 45X and 30D FEOC rules restrict Chinese critical minerals?

The US Inflation Reduction Act disqualifies clean vehicle tax credits under Section 30D if battery components or critical minerals are extracted, processed, or recycled by a Foreign Entity of Concern (FEOC) — defined under 10 U.S.C. 2533c and 50 U.S.C. 4565 as entities owned by, controlled by, or subject to the jurisdiction of China, Russia, North Korea, or Iran. A 25% ownership or board voting threshold triggers FEOC status.

What are Indonesia's nickel RKAB production quotas and export restrictions?

Indonesia's Ministry of Energy and Mineral Resources (ESDM) enforces annual Rencana Kerja dan Anggaran Biaya (RKAB) production quotas for nickel ore miners. Unprocessed raw nickel ore exports remain banned since January 2020. Smelters must refine ore locally into NPI, ferronickel, nickel matte, or Mixed Hydroxide Precipitate (MHP) via High-Pressure Acid Leach (HPAL).

Which Chinese export controls currently apply to Antimony, Gallium, and Germanium?

China's Ministry of Commerce (MOFCOM) requires dual-use export licenses for Gallium and Germanium compounds (effective August 2023), Antimony metal, ore, and trioxide (effective September 2024), and synthetic graphite materials (effective December 2023). Exporters must disclose end-users, with approvals restricted for military and semiconductor applications.

How does the EU Critical Raw Materials Act (CRMA) define 2030 benchmarks?

The EU CRMA establishes four statutory benchmarks for strategic raw materials by 2030: at least 10% of annual EU consumption extracted domestically; at least 40% processed within the EU; at least 25% provided by domestic recycling; and no more than 65% of any strategic raw material sourced from a single third country.