Executive Order 13953 · Signed Sep 30, 2020

85 FR 62539 · Published Oct 5, 2020 · Effective on signing

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Addressing the Threat to the Domestic Supply Chain From Reliance on Critical Minerals From Foreign Adversaries and Supporting the Domestic Mining and Processing Industries

critical mineralssupply chain securitynational emergencyChina tradedomestic mining

Signed by President Donald Trump

The order declares a national emergency over U.S. dependence on foreign adversaries — primarily China — for critical minerals, invokes the International Emergency Economic Powers Act, and directs multiple federal agencies to investigate supply-chain vulnerabilities and recommend remedies including tariffs, quotas, and import restrictions.

It is the first executive order to invoke IEEPA emergency authority specifically over critical minerals, opening a formal legal pathway to impose trade restrictions on Chinese mineral imports and directing a whole-of-government push to rebuild domestic mining and processing capacity.

What this order does

What it orders

The order declares a national emergency — citing U.S. dependence on China and other foreign adversaries for rare earth elements, gallium, graphite, barite, and other critical minerals — and invokes IEEPA authority. It directs the Secretary of the Interior to investigate that dependence and submit a report within 60 days recommending executive action, which may include tariffs, quotas, or other import restrictions. It directs all relevant agencies to identify legal authorities and funding they can deploy to expand domestic mining, then submit implementation strategies. The Secretary of State must report on diplomatic options for building allied supply chains; the Department of Energy must issue updated loan-guarantee guidance and propose new rules to make domestic mineral projects eligible for existing clean-energy financing programs. All permitting agencies are directed to accelerate approvals for domestic mineral supply-chain projects.

The order does not itself impose tariffs or quotas — those would follow from the Interior report and subsequent executive action. It also amends Executive Order 13817 to require periodic updates to the official critical-minerals list, and authorizes the Secretary of the Interior to explore using National Defense Resources Preparedness grant authority to fund new production equipment.

Who it affects

Federal agencies across defense, energy, environment, and diplomacy directed to report and act; the domestic mining and mineral-processing industry, which stands to gain streamlined permitting and new financing; companies in aerospace, electronics, telecommunications, and electric vehicles that rely on critical minerals; and importers of Chinese minerals who could face future tariffs or quotas.

Why it matters

Invoking IEEPA unlocks broad presidential authority to block or restrict transactions with foreign adversaries, meaning tariffs or import bans on Chinese rare earths and other minerals could follow within months. Industries from defense contractors to cell-phone manufacturers and EV battery producers face potential supply disruptions or cost increases if current sourcing relationships are restricted.

What must happen and when

How the order is supposed to work

The order cascades in timed stages: within 30 days, agencies identify funding authorities and Energy issues loan guidance; within 45 days, State reports on allied supply-chain diplomacy; within 60 days, Interior delivers an investigation report with specific trade-restriction recommendations and agencies submit implementation strategies; within 90 days, Energy proposes revised regulations. Interior then delivers threat assessments to the President every 180 days beginning January 1, 2021. Actual trade measures require a further presidential decision after the Interior report, so enforcement teeth depend on that subsequent action.

Actions and deadlines

  • Relevant agencies each submit report identifying legal authorities and appropriations available to expand domestic minerals supply chainsWithin 30 days of signing
  • Secretary of Energy develops and publishes guidance clarifying mineral project eligibility for Title XVII loan guarantees and ATVM fundingWithin 30 days of signing
  • Secretary of Energy reviews DOE regulations interpreting Title XVII and the ATVM statute and identifies regulations warranting revisionWithin 30 days of signing
  • Secretary of State submits report on diplomatic options to reduce critical-mineral supply-chain vulnerability with allies and partnersWithin 45 days of signing
  • Secretary of the Interior submits investigation report to the President summarizing conclusions and recommending executive action, including possible tariffs or quotasWithin 60 days of signing
  • Relevant agencies each submit strategy report detailing how identified authorities and funds will be used to meet domestic supply-chain goalsWithin 60 days of signing
  • Director of the Office of Science and Technology Policy submits report on federal minerals R&D activities and future funding needsWithin 60 days of signing
  • Secretary of Energy proposes for notice and comment a rule or rules to revise DOE regulations on mineral project financingWithin 90 days of signing
  • Secretary of the Interior submits recurring presidential briefing on the threat from foreign-adversary mineral dependence and recommends additional actionsBy January 1, 2021, and every 180 days thereafter

Agencies directed to act

Department of the InteriorDepartment of the TreasuryDepartment of DefenseDepartment of CommerceDepartment of StateDepartment of EnergyDepartment of AgricultureDepartment of the ArmyEnvironmental Protection AgencyOffice of Management and BudgetOffice of Science and Technology PolicyOffice of the United States Trade Representative

Authority and reach

Authorities cited

International Emergency Economic Powers Act (IEEPA)

Federal law granting the President broad economic powers — including blocking transactions — after declaring a national emergency over a foreign threat.

National Emergencies Act

Federal law establishing the process by which the President formally declares and maintains national emergencies.

3 U.S.C. § 301

Statute authorizing the President to delegate official functions to heads of executive departments and agencies.

What this order changes

Amends Executive Order 13817

Executive Order

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Executive Order 13953: Addressing the Threat to the Domestic Supply Chain From Reliance on Critical Minerals From Foreign Adversaries and Supporting the Domestic Mining and Processing Industries | EO Reporter