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Executive Order 14272
Ensuring National Security and Economic Resilience Through Section 232 Actions on Processed Critical Minerals and Derivative Products
Signed April 15, 2025, printed at 90 FR 16437. 3 sections of substance, 1,696 words.
This order looks at trade in key goods. It asks which imports leave the country exposed.
Sec. 1. Policy
A strong national defense depends on a robust economy and price stability, a resilient manufacturing and defense industrial base, and secure domestic supply chains. Critical minerals, including rare earth elements, in the form of processed minerals are essential raw materials and critical production inputs required for economic and national security. Critical mineral oxides, oxalates, salts, and metals (processed critical minerals), as well as their derivative products--the manufactured goods incorporating them--are similarly foundational to United States national security and defense. But processed critical minerals and their derivative products face significant global supply chain vulnerabilities and market distortions due to reliance on a small number of foreign suppliers. These vulnerabilities and distortions have led to significant United States import dependencies. The dependence
A strong national defense depends on a robust economy and price stability, a resilient manufacturing and defense industrial base, and secure domestic supply chains. Critical minerals, including rare earth elements, in the form of processed minerals are essential raw materials and critical production inputs required for economic and national security. Critical mineral oxides, oxalates, salts, and metals (processed critical minerals), as well as their derivative products--the manufactured goods incorporating them--are similarly foundational to United States national security and defense. But processed critical minerals and their derivative products face significant global supply chain vulnerabilities and market distortions due to reliance on a small number of foreign suppliers. These vulnerabilities and distortions have led to significant United States import dependencies. The dependence
This sets out the case the order makes. It says defense rests on a strong economy. It says processed minerals feed both. Rare earths are named among them. It says a few foreign suppliers dominate that trade. It says that leaves the country dependent.
Sec. 2. Definitions
As used in this order: (a) The term ``critical minerals'' means those minerals included in the ``Critical Minerals List'' published by the United States Geological Survey (USGS) pursuant to section 7002(c) of the Energy Act of 2020 (30 U.S.C. 1606) at 87 FR 10381, or any subsequent such list. The term ``critical minerals'' also includes uranium. (b) The term ``rare earth elements'' means the 17 elements identified as rare earth elements by the Department of Energy (DOE) in the April 2020 publication titled ``Critical Materials Rare Earths Supply Chain.'' The term also includes any additional elements that either the USGS or DOE determines in any subsequent official report or publication should be considered rare earth elements. (c) The term ``processed critical minerals'' refers to critical minerals that have undergone the activities that occur after critical mineral ore is extracted
As used in this order: (a) The term ``critical minerals'' means those minerals included in the ``Critical Minerals List'' published by the United States Geological Survey (USGS) pursuant to section 7002(c) of the Energy Act of 2020 (30 U.S.C. 1606) at 87 FR 10381, or any subsequent such list. The term ``critical minerals'' also includes uranium. (b) The term ``rare earth elements'' means the 17 elements identified as rare earth elements by the Department of Energy (DOE) in the April 2020 publication titled ``Critical Materials Rare Earths Supply Chain.'' The term also includes any additional elements that either the USGS or DOE determines in any subsequent official report or publication should be considered rare earth elements. (c) The term ``processed critical minerals'' refers to critical minerals that have undergone the activities that occur after critical mineral ore is extracted
This defines the terms. Critical minerals means those on a federal list. Uranium is added to that list. Rare earths means 17 named elements. A 2020 report identified them. More may be added later. Processed minerals means ore worked after it leaves the mine.
Sec. 3.
Section 232 Investigation. (a) The Secretary of Commerce shall initiate an investigation under section 232 to determine the effects on national security of imports of processed critical minerals and their derivative products. (b) In conducting the investigation described in subsection (a) of this section, the Secretary of Commerce shall assess the factors set forth in 19 U.S.C. 1862(d), labeled ``Domestic production for national defense; impact of foreign competition on economic welfare of domestic industries,'' as well as other relevant factors, including: (i) identification of United States imports of all processed critical minerals and derivative products incorporating such processed critical minerals; (ii) the foreign sources by percent and volume of all processed critical mineral imports and derivative product imports, the specific types of [[Page 16439]] risks that may be
Section 232 Investigation. (a) The Secretary of Commerce shall initiate an investigation under section 232 to determine the effects on national security of imports of processed critical minerals and their derivative products. (b) In conducting the investigation described in subsection (a) of this section, the Secretary of Commerce shall assess the factors set forth in 19 U.S.C. 1862(d), labeled ``Domestic production for national defense; impact of foreign competition on economic welfare of domestic industries,'' as well as other relevant factors, including: (i) identification of United States imports of all processed critical minerals and derivative products incorporating such processed critical minerals; (ii) the foreign sources by percent and volume of all processed critical mineral imports and derivative product imports, the specific types of [[Page 16439]] risks that may be
This starts a trade study. Commerce must run it under a 1962 law. It covers processed minerals and goods made from them. It must identify what is imported. It must find which countries supply it. It must weigh the risks that creates.
Sec. 4. General Provisions
Every order carries this. It is not what the order does.
(a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. [[Page 16440]] (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. <GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT> (Presidential Sig.) THE WHITE HOUSE, April 15, 2025. [FR Doc. 2025-06836 Filed 4-17-25; 8:45 am] Billing code 3395-F4-P </pre></body> </html>
(a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. [[Page 16440]] (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. <GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT> (Presidential Sig.) THE WHITE HOUSE, April 15, 2025. [FR Doc. 2025-06836 Filed 4-17-25; 8:45 am] Billing code 3395-F4-P </pre></body> </html>
This is the closing clause that nearly every order carries. It says the order does not change what the law already allows. It also says no one can sue to enforce it.
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