RARE EARTHS: IS THERE A CASE FOR GOVERNMENT INTERVENTION? - David Uren October 2019

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RARE EARTHS: IS THERE A CASE FOR GOVERNMENT INTERVENTION? - David Uren October 2019
RARE EARTHS:
IS THERE A CASE FOR
GOVERNMENT INTERVENTION?
David Uren
October 2019
RARE EARTHS: IS THERE A CASE FOR GOVERNMENT INTERVENTION? - David Uren October 2019
Table of contents

The United States Studies Centre at the University of
Sydney is a university-based research centre, dedicated                  Executive summary                     01
to the rigorous analysis of American foreign policy,
                                                                         Introduction                          02
economics, politics and culture. The Centre is a national
resource, that builds Australia’s awareness of the dynamics
                                                                         What are rare earths?                 04
shaping America — and critically — their implications for
Australia.                                                               The rare earth weapon                 06
The Centre’s Trade and Investment Program examines
                                                                         The 2010 market squeeze and its       10
trends, challenges and opportunities in the trade and
                                                                         aftermath
investment relationship between Australia and the United
States. It places the Australia-US economic relationship in              Australian prospects in               14
the broader context of Australia’s relations with the rest of
                                                                         a difficult market
the world and promotes public policy recommendations
conducive to the growth and integration of the Australian,               Strategic responses of Japan          17
US and world economies.
                                                                         and the United States
United States Studies Centre
                                                                         Australia’s interests as a producer   20
Institute Building (H03)
The University of Sydney NSW 2006                                        The environmental problem             22
Australia
Phone:      +61 2 9351 7249                                              Endnotes                              24
Email:      us-studies@sydney.edu.au
Twitter:    @ussc                                                        About the author                      25
Website:    ussc.edu.au

This report may be cited as:
David Uren, “Rare earths: Is there a case for
government intervention?,” United States Studies
Centre at the University of Sydney, October 2019.
Research conclusions are derived independently and authors represent
their own view, not those of the United States Studies Centre. Reports
published by the Centre are anonymously peer-reviewed by both
internal and external experts.

Cover: Neodymium (Getty Images)
RARE EARTHS: IS THERE A CASE FOR GOVERNMENT INTERVENTION? - David Uren October 2019
Executive summary

Chinese authorities have hinted that they may use            The Australian government is considering its response
their dominant position as a supplier of rare earths and     to the US push for non-Chinese sources of supply.
associated manufactured goods to retaliate against           Australia has at least half a dozen rare earth projects
US restrictions on high technology exports to China.         ready for development but needing commitments
China is responsible for between 80 and 90 per cent of       from potential customers
processed rare earths and products such as powerful          and financiers. Neither
rare earth magnets.                                          banks nor equity markets
                                                             will finance them. The Given the intensity of the US-
It is not in China’s interests to impose an embargo —        Australian       government China trade war, the Trump
the result would be the stimulation of competitive rare      could, at a stretch, use
earths production and substitution. China’s rare earths                                       administration has resolved that
                                                             the     “national     interest
companies are aware of the risks of pushing prices           account” at Export Finance it is a national security priority to
too high, because they’ve done it before in 2010.            Australia to assist. The eliminate the dependence of the
It seriously damaged the market. Total sales took a          Commonwealth,           rather US military on Chinese supplies of
decade to recover, and for some rare earth elements,         than the agency, would
the damage has been permanent as substitutes have            assume          responsibility
                                                                                              critical minerals, particularly rare
been found.                                                  for any losses. The earths and derivative products.
                                                             government has already
While rare earths have lots of promise, with the shift
                                                             used that account to
to electric cars and the continuing rollout of wind farms
                                                             establish A$3.8 billion facility to support its military
driving demand, there are good reasons why it has
                                                             equipment export program. However, it would have to
been hard to get rare earth projects developed. There
                                                             go into any such commitment with its eyes open to the
are no transparent prices, separating the elements out
                                                             possibility of losses to the taxpayer — rare earths have
of the host rock is technically difficult, often yielding
                                                             often been in over-supply with poor prices.
radioactive waste, and the applications for rare earths
are subject to unpredictable technological change.           It may be that the most promising source of
Also, any investor in a non-Chinese rare earth project       commercial finance for developing Australia’s rare
must make a calculation about the response from its          earth deposits comes from China, which is forecast
giant Chinese competitors.                                   to become an importer over coming years as growth
                                                             in demand from its rare earths manufacturing
The Japanese government decided in 2010 that these
                                                             outstrips supplies from its own mines. Chinese
risks justified government intervention. Australia’s
                                                             investors already have substantial stakes in some of
Lynas, which now accounts for 8 per cent of global rare
                                                             the most promising Australian developments. The
earth production, was a key beneficiary, with Japanese
                                                             Foreign Investment Review Board should remain
government funding supporting its development.
                                                             open to Chinese participation in Australia’s rare earths
The United States has preferred to leave it to the market    industry.
but given the intensity of the trade war, the Trump
administration has resolved that it is a national security
priority to eliminate the dependence of the US military
on Chinese supplies of critical minerals, particularly
rare earths and derivative products. The president has
committed to provide financial assistance under the
Defense Production Act, although the sums advanced
under this are typically too modest to support a
resource project development.

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RARE EARTHS: IS THERE A CASE FOR GOVERNMENT INTERVENTION? - David Uren October 2019
UNITED STATES STUDIES CENTRE | TRADE AND INVESTMENT PROGRAM
RARE EARTHS: IS THERE A CASE FOR GOVERNMENT INTERVENTION?

Introduction

                   Chinese authorities have made veiled threats that          of non-Chinese production and substitution that would
                   they will use their dominant position in the rare earths   ultimately weaken China’s strong position in the
                   industry to withhold supplies to the United States in      market.
                   retaliation for moves by the US administration to ban
                   sales of high-technology goods to China.                   The 1973 oil embargo by OPEC provides a lesson. On
                                                                              the eve of the crisis the OPEC nations were producing
                Building a dominant position in rare earths and their         1,500 million tonnes of oil a year while the rest of the
                downstream products has been a strategic objective            world’s output was 1,400 million tonnes. Within a
                for the Chinese state ever since the mid-1980s. China         decade, OPEC annual production had dropped to 850
                is currently responsible for roughly 70 per cent of           million tonnes while the rest of the world’s output had
                                           global mine production,            soared to 2,000 million tonnes.2
                                           85 per cent of the initial
                                                                              The Chinese rare earths industry is aware of the risk of
If Western governments are                 processing of them into
                                                                              pushing prices too high, making it unlikely that Chinese
                                           oxides and 90 per cent of
uncomfortable with leaving the                                                authorities would attempt any repetition of the 2010
                                           the production of metals,
sourcing of rare earths and their          alloys and magnets.1
                                                                              squeeze on global supplies. However, it is possible
                                                                              shipments to US customers could be disrupted in a
downstream products to market
                                            But do these strengths give       deteriorating trade conflict.
and/or Chinese forces, there are            China the ability to bring
many entrepreneurs eager to                                                   China’s longer-term interest is better served by
                                            the western technology
                                                                              continuing to build on the comparative advantage it has
develop rare earth resources if             companies that depend
                                                                              already achieved in this high-technology niche of the
only they could obtain the finance          upon supplies of rare earth
                                                                              resources industry.
                                            materials to their knees?
and committed customers.                    When China exercised its          If Western governments are uncomfortable with
                                            market muscle in 2010,            leaving the sourcing of rare earths and their
                   curbing shipments to Japan, Europe and the United          downstream products to market and/or Chinese
                   States with export quotas, export tariffs and an           forces, there are many entrepreneurs eager to
                   informal embargo, it sent global prices for key rare       develop rare earth resources if only they could obtain
                   earth compounds skyrocketing.                              the finance and committed customers.

                   US, Japanese and European authorities were                 It was the provision of concessional debt finance
                   shocked and embarked on strategic reviews of their         backed by Japanese authorities and a sales agreement
                   vulnerabilities. Over the past nine years, China’s share   with Japanese buyers in the wake of the 2010 crisis that
                   of mine output has been diluted as Australian and          made possible the development of Lynas’s rich deposit
                   United States production has been brought on stream,       at Mt Weld in Western Australia. It now provides 8 per
                   alongside smaller increases in output elsewhere in         cent of global rare earth mine output and operates a
                   Asia, Africa and Latin America.                            large processing plant in Malaysia. The US government
                                                                              is taking tentative steps to deliver financial support to
                   Many more projects are in various stages of
                                                                              the rare earths industry.
                   development. But the continuing high dependence
                   on China for rare earth processing and derivative          However, governments would have to go into any rare
                   manufactured goods has Western governments                 earths ventures with their eyes open to the possibility
                   worried once again. They are reviewing their strategic     of losing money. The history of rare earths is that they
                   options.                                                   are often in over-supply with low prices leaving many
                                                                              operators struggling to make a profit.
                   This report argues that any attempt by China to impose
                   an export embargo on rare earths or downstream             Australia’s government policy should be flexible.
                   products would be the catalyst for the development         Australia is mindful of the concerns of its ally, the

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                                                                        RARE EARTHS: IS THERE A CASE FOR GOVERNMENT INTERVENTION?

United States, about the security of its supplies and has   The rapid development of electric motor vehicles
established a taskforce under the Department of Prime       and wind farms holds out the promise of strong
Minister and Cabinet to prepare Australia’s response. It    growth in demand for rare earths for magnets.
should be ready to match any US initiatives to source       However, the rare earths market carries high risks:
supplies in Australia with tangible support.
                                                               There is no transparent market pricing,
However, it should also be aware that China’s
manufacturing of products incorporating rare earths is         The technology for processing rare earths can be
about to outstrip its own supplies, which would lead to        unreliable,
China becoming a net importer. It may be that the best
                                                               Demand for rare earths can swing dramatically
prospect for financing the development of Australia’s
                                                               with technological change, and
incipient rare earth projects rests with China, a
possibility that the Foreign Investment Review Board           The dominant participants in the market are
needs to consider. Australia’s national security is not        Chinese enterprises — some state owned —
jeopardised by Chinese participation in Australia’s rare       that may not respond to market signals.
earths industry, any more than by its participation in
iron ore or coal sectors.                                   The fourth section compares the strategic
                                                            responses of Japan and the United States to China’s
This report is organised as follows:                        dominance of the rare earths industry. Japan,
                                                            with a long history of resource vulnerability and
   The first section puts the current threats to use rare
                                                            state economic intervention, has found it easier to
   earths as a weapon in the trade war between the
                                                            marshal resources for both financing new supplies
   United States and China into the context of China’s
                                                            and research into substitution and recycling. The
   previous use of trade restrictions as an instrument of
                                                            United States has preferred market-based solutions,
   foreign policy. It argues that a formal trade embargo
                                                            however, in the context of rising geopolitical
   on rare earth exports to the United States is unlikely
                                                            tensions, the United States now sees breaking its
   but that some disruption to shipments is possible.
                                                            dependence on China for rare earths as a national
   The second section examines the consequences             security priority.
   of China’s squeeze on rare earth global supplies
                                                            Finally, Australia’s national interest is to see its rare
   in 2010. Soaring prices encouraged widespread
                                                            earths projects developed ahead of competitor
   substitution and efficiency drives by consumer
                                                            projects in other parts of the world. Under existing
   industries that slashed global demand which, for
                                                            industry policy, the most important government
   some rare earth products, has never recovered. It
                                                            contribution is ensuring an efficient approvals
   also led to the development of non-Chinese supply,
                                                            process for project development and supporting the
   including a decision by the Japanese authorities to
                                                            provision of infrastructure. If development of projects
   finance the development of the Mt Weld deposit in
                                                            is made a national security priority in the context of
   Western Australia, owned by Lynas. The effect of
                                                            Australia’s alliance with the United States, there
   slumping demand and a surge in supply was that
                                                            is potential to use the Export Finance Australia’s
   prices crashed.
                                                            special ‘national interest’ account. Any such move
   There are more than half a dozen listed Australian       would have to be in the context of firm customer
   companies with proven rare earth deposits that           contracts and would carry the risk of taxpayer
   are chasing customers and finance to develop their       loss. Australia’s Foreign Investment Review Board
   projects. The third section highlights the hopes and     should also be open to further Chinese involvement
   difficulties they confront.                              in developing rare earth projects.

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UNITED STATES STUDIES CENTRE | TRADE AND INVESTMENT PROGRAM
RARE EARTHS: IS THERE A CASE FOR GOVERNMENT INTERVENTION?

                   What are rare earths?

                   Rare earths — a set of 17 metal elements — have a wide                 Each of these applications uses only small quantities of
                   range of high technology applications, from making                     rare earths. The total global production is only around
                   powerful magnets, to separating petrol and plastics                    170,000 tonnes or roughly half the output of tin, and
                   from oil, the treatment of kidney disease, making                      the total value of the market is only about US$4 billion
                   coloured or optically clear glass, raising the melting                 globally. Although the United States is dependent
                   temperature of turbine blades and generating white                     on imported rare earth compounds, its purchases of
                   phosphor for LED lights and screens. Their unusual                     rare earth oxides are only around US$150 million a
                   chemical properties stem from their ability to give                    year, which is almost a rounding error in the context
                   up and accept electrons. Military applications include                 of US imports in excess of US$2 trillion. US imports
                   missile guidance systems, lasers that penetrate water,                 of manufactured goods containing rare earths are
                   night vision goggles and electronic communications                     much higher than imports of the oxide raw material.
                   systems that are impervious to jamming.                                The special qualities rare earths bring to manufactured
                                                                                          goods can be difficult to replace.

                   Two scientists use an illuminated periodic table of elements as they discuss the element holmium at the University of California, Berkeley
                   Photo: Getty
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UNITED STATES STUDIES CENTRE | TRADE AND INVESTMENT PROGRAM
                                                                         RARE EARTHS: IS THERE A CASE FOR GOVERNMENT INTERVENTION?

While the spread of applications is remarkable, it is      Geologically, rare earths are relatively common — on
the use of two of the 17 elements — neodymium              a par with nickel or tin. About half the economically
and praesodymium — to make powerful permanent              recoverable reserves of rare earths are in China (while
magnets that accounts for as much as 90 per cent of        around 3 per cent are in Australia). Only a minute
the total market by value.3 An NdPr magnet is about        portion of reserves is mined — Australia’s reserves
seven times more powerful than a simple iron magnet.       could supply the world’s needs for decades.
Electric motors work with either electric (copper coils)
or permanent magnets, but the latter are lighter and       The rare earth elements are found in rock, mineral
favoured by most makers of electric motor vehicles         sands and clays, with most of the 17 elements (which
and wind turbines. Both electric cars and wind turbines    are actually metals, not earths) bound in the same
are markets with strong growth prospects.                  mineral structure. Separating the diverse elements is
                                                           difficult, expensive and, depending on the orebody, can
                                                           produce large volumes of toxic and often radioactive
                                                           waste. With the total market relatively small, they are
                                                           hard to develop profitably.

Table 1: List of rare earths and their applications

 RARE EARTH              ATOMIC           APPLICATION
 ELEMENTS                SYMBOL
 Lanthanum               La               Cracking catalysts in petroleum refining, lasers and green phosphors.

 Cerium                  Ce               Glass polishing, catalysis and component in phosphors.
 Praesodymium            Pr               Pigment (yellow), optical properties in fibre and magnets.
 Neodymium               Nd               Permanent magnets, lasers and filters in welding goggles.
 Samarium                Sm               Permanent magnets, lasers, and optical and microwave devices.
 Europium                Eu               Phosphors.
 Gadolinium              Gd               Phosphors and scintillation agents, and Co medical X-rays.
 Terbium                 Tb               Phosphors, lasers and magneto-optic recording systems.
 Dysprosium              Dy               Additive to Nd magnets to improve temperature properties.
 Holmium                 Ho               Strong magnetic and microwave properties — niche scientific uses.
 Erbium                  Er               Phosphors, fibre-optics and lasers.
 Thulium                 Tm               Lasers, magnetic and microwave uses.
 Ytterbium               Yb               Silicon photocells and strain gauges.
 Lutetium                Lu               X-ray phosphors and X-ray detectors.
 Yttrium                 Y                Phosphors and microwave generators.

Source: CSIRO

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RARE EARTHS: IS THERE A CASE FOR GOVERNMENT INTERVENTION?

The rare earth weapon

                   There is a long history to the use of trade embargoes       the permanent magnet manufacturer’s commitment
                   for political ends. The US embargo on oil shipments to      to scientific research while recognising its efforts at
                   Japan in 1941 was one of the catalysts for Japan’s Asian    environmental protection. He did not mention the trade
                   war, while France attempted to impose an embargo            war. The simple fact of his visit was sufficient to draw
                   on trade between Europe and the United Kingdom              everyone’s attention to China’s potential to use its
                   in 1806 in an effort to force a British surrender in the    dominant position in rare earths and their downstream
                   Napoleonic wars. More recently, the Arab oil exporting      products to retaliate over Huawei.
                   nations embargoed oil shipments to nations seen to
                   have supported Israel in the Yom Kippur war in 1973,        The key economic planning body, the National
                   while Russia has, on several occasions, suspended           Development and Reform Commission (NDRC), made
                   gas shipments to Ukraine.                                   the threat more explicit a week later, distributing a
                                                                               bulletin quoting an unnamed official in a scripted Q&A.
                   In contrast to this history, China’s use of trade
                                                                               “Will rare earths become China’s counter-weapon
                   embargoes as a foreign policy weapon has been
                                                                               against the US’s unwarranted suppression? What I can
                   ambiguous, with neither clear threats nor objectives.
                                                                               tell you is that if anyone wants to use products made
                   President Xi Jinping’s tour of east Chinese provinces       from rare earth to curb the development of China,
                   in late May was a long time in the planning and his         then the people of the revolutionary soviet base and
                   whistle-stop tour of the JL Mag Rare Earth Company          the whole Chinese people will not be happy.”4 In other
                                                                                                       Getty Images
                   in Jiangxi had likely been on the schedule well before      words, if the United States  was going to ban the export
                   US President Donald Trump signed an executive               to China of technology that used Chinese rare earth
                   order effectively barring US technology exports to          products, then the United States could not expect
                   Huawei a week earlier. The Chinese leader praised           China to continue supplying them.

                   Table 2: Rare earth production by region ('000 tonnes), 2010-2018

                    REGION                    2010      2011      2012        2013     2014      2015      2016      2017      2018
                    Africa                         -          -        -          -         -         -         -      0.01      0.70

                    Asia (excl. China)           0.5       0.5       0.5        0.5       0.5       0.6       2.1       2.0       2.0
                    Australia                      -          -        -        1.1       7.2     10.5      13.8       17.3      19.1
                    China                     176.9     185.4     174.4       171.0    156.5     148.2     137.4     132.8     127.9
                    Europe                       1.5       1.4       2.1        1.4       2.1       2.3       2.5       2.8       2.8
                    North America                3.0       3.7       2.5        3.6       4.8       4.0         -         -       5.2
                    South America                  -          -        -          -       0.1       0.1       0.6       1.0       2.5
                    Total                     181.9     191.0     179.5       177.7    171.2     165.7     156.4     155.8     160.2

                   Source: Roskill

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UNITED STATES STUDIES CENTRE | TRADE AND INVESTMENT PROGRAM
                                                                          RARE EARTHS: IS THERE A CASE FOR GOVERNMENT INTERVENTION?

The People’s Daily editorialised that the United States     However, China is holding its options open. When,
should not underestimate China’s ability to fight the       in late July 2019, the United States announced it
rare earth trade war saying, “don’t say we didn’t warn      would impose 10 per cent tariffs on all remaining
you”. The nationalist daily, Global Times, explained        Chinese imports, the Rare Earths Association
that “those familiar with Chinese diplomatic language       released a statement declaring that the industry would
know the weight of this phrase”. It was used by the         “unswervingly” support China’s counter-measures
People’s Daily ahead of China’s 1962 war with India         against the United States and was fully aware of the
and before its 1979 war with Vietnam.5                      implications of exporting rare earth products.

But, as is often the case in China, the threats were        There was similar ambiguity the last time China was
vague and qualified. The foreign ministry’s spokesman       tempted to use its economic power in the rare earths
Lu Kang said Xi Jinping’s visit to the permanent magnet     market. It is widely accepted that China imposed an
factory was routine. “Inspection by China’s state
                                                            embargo on rare earth exports to Japan in the middle
leaders to relevant industries is very normal. Please do
                                                            of a heated dispute over the sovereignty of disputed
not read too much into it,” he said.6
                                                            islands in September 2010. Japan’s industry minister
The NDRC did not follow up with any specific threats.       Akihiro Ohata reported he had heard from trading firms
The trade conflict was not mentioned at an NDRC             that Chinese exports of rare earths had been halted.7
conference on rare earths a week later. An official there   China’s premier Wen Jiabao emphatically denied any
canvassed the introduction of export controls, but the      official embargo with commerce minister Chen Deming
focus was on curbing illegal rare earth operations and      telling a sceptical media that trading companies may
environmental quality control, rather than gaining an       have independently chosen to suspend exports to
edge over the United States.                                Japan. However, the idea of an embargo took hold, with

Figure 1: Rare earth exports                                Figure 2: Rare earth imports
(tonnes), 2018-2019                                         (tonnes), 2018-2019

                    Other
                    6,259
        Russia
                                                                                       United States
        6,258
                                                                                          16,498
                                                                     Other
                                                                     24,361
                                       China
                                       33,242
                                                                                             Germany
      Malaysia/Lynas
                                                                                              7,757
          19,795

                                                                         Japan       China
                                                                         6,058       9,051

Source: Roskill Global Trade Tracker

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                    New York Times columnist Paul Krugman declaring                          An analysis of shipments through the four main
                    “the incident shows a Chinese government that is                         Japanese ports in September, October and November
                    dangerously trigger-happy, willing to wage economic                      of that year shows the flow of rare earths was volatile
                    warfare on the slightest provocation”.8                                  — shipments of cerium compounds soared through
                                                                                             Osaka in September but plunged in Yokohama.
                    The US government was more equivocal. Secretary of
                                                                                             Although shipments overall were lower in October
                    State Hillary Clinton commented: “The Chinese claim
                                                                                             than in September, there was an increase for about a
                    that they did not in any way interfere with the delivery
                                                                                             fifth of the various rare earth lines that China sells to
                    and the continuing exporting of rare earth minerals.
                                                                                             Japan.10
                    Whether or not their motivation was as they describe
                    it or as the Japanese fear it, the fact is they control the              Although this may seem like a historical detail,
                    vast majority of the supply. That’s not healthy. So, in                  the pattern of the 2010 incident may be a guide to
                    effect, the Chinese action was a wake-up call to the                     future action by China. There may be no overt ban
                    rest of the world. Now you see Japan and Vietnam                         on shipments of rare earth related products to the
                    cooperating; you see Australia moving forward; the                       United States, but importers may find they become
                    United States is looking at our potential deposits. I                    less reliable and take longer, particularly if there are
                    think that’s a good outcome of what may have been an                     specialised products with narrow uses in defence
                    inadvertent effort to send a message to Japan.”9                         related applications.

                    Figure 3: Japan's rare earth imports during the 2010 'embargo'

                                           200,000

                                                                                                                                                    Tokyo
                   Cerium compounds (kg)

                                           150,000
                                                                                                                                                    Osaka

                                                                                                                                                    Yokohama
                                           100,000
                                                                                                                                                    Kobe

                                            50,000

                                                0
                                                     t

                                                                r

                                                                                   er

                                                                                                           r

                                                                                                                                  r
                                                     us

                                                                be

                                                                                                        be

                                                                                                                               be
                                                                                 ob
                                                   g

                                                           em

                                                                                                      em

                                                                                                                             em
                                                Au

                                                                                ct
                                                                              O

                                                                                                    ov
                                                           pt

                                                                                                                          ec
                                                          Se

                                                                                                  N

                                                                                                                         D

                                                                          Month in 2010

                    Source: Japan Ministry of Finance, cited in "How new and assertive is China's new assertiveness?" Alistair Johnston, International Security,
                    vol. 37, no. 4, 2013.

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UNITED STATES STUDIES CENTRE | TRADE AND INVESTMENT PROGRAM
                                                                          RARE EARTHS: IS THERE A CASE FOR GOVERNMENT INTERVENTION?

In a similar manner, Australian coal exporters have        Chinese shipments of rare earths to Europe and the
been frustrated by delays in landing at China’s ports      United States also slowed in September, October and
since February 2019. While there have been official        November of 2010. Some saw political motive in this —
Chinese denials of any politically motivated bans, many    was the United States being punished for launching an
in the coal industry believe the purchases of Australian   action in the World Trade Organization (WTO) against
coal were deliberately slowed as an expression of          China’s imposition of increasingly tight export quotas
Chinese disappointment with Australia’s stance on a        and steep export tariffs on rare earths?11
range of bilateral issues.
                                                           What was unarguably at work from the mid-2000s
There are other cases of China deploying informal          was a strategy to limit exports of lightly processed rare
trade restrictions as an arm of foreign policy. Chinese    earth compounds in favour of building the country’s
imports of Norwegian salmon collapsed in 2011              domestic manufacturing capability. The story of
following the award of the Nobel Peace Prize to a          embargoes on Japanese rare earth imports hit an
Chinese dissident in 2010, while tourism to South          already tight market because of China’s export curbs.
Korea plunged following the sighting of US missiles        When businesses and governments sought to guard
near the North Korean border. Philippine banana and        against future disruptions by stockpiling supplies, they
pineapple exports to China were also targeted in the       sent prices soaring. The threat, as much as the reality,
wake of a United Nations Law of the Sea ruling in the      of an embargo can be the trigger for a reaction if the
Philippines favour in 2016.                                market believes it is serious.

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RARE EARTHS: IS THERE A CASE FOR GOVERNMENT INTERVENTION?

The 2010 market squeeze and its aftermath

                   The few years following the global financial crisis          The scramble for supplies sent prices for the various
                   were a period of extraordinary turmoil in resource           rare earth elements up between three and nine-
                   commodity markets generally with prices soaring,             fold. The elements used for magnets jumped from
                   driven by China’s phenomenal stimulus efforts and the        around US$40 a kilogram to about US$500. Another
                   slashing of global interest rates. Copper, which had         rare earth, dysprosium, used for magnets that have
                   spent most of the previous 15 years hovering at around       to operate at high temperatures, leapt from US$170
                   US$1 a pound shot to nearly US$4 in 2010 while               a kilogram to US$1,600. Even cerium oxide, which
                   gold was on its way to its 2011 zenith of US$1,900           is one of the most abundant of rare earths and used
                   an ounce. There was a widespread belief, shared at           for polishing glass and as a phosphor in lighting and
                   the time by Australian policymakers, that resources          screens, rose more than threefold from US$30 to
                   were headed for a period of long-lasting scarcity as         US$100 a kilogram.12
                   the industrialisation of emerging nations, led by China,
                   outstripped the capacity of the resources industry to        Consumers started hunting for substitutes. The cerium
                   respond.                                                     market has never recovered. Glass manufacturers
                                                                                switched to zirconium as a polishing agent while
                   China had been gradually lowering its rare earth export      the replacement of fluorescent tubes by LED lights
                   quotas which came down from 51,000 tonnes in 2005            decimated its other major market. It now sells for
                   to 45,000 tonnes by 2007. The objective was to favour        around US$2 a kilogram and Chinese research and
                   local manufacturers. The export quotas then started          development institutes expend significant efforts
                   to be squeezed much more aggressively, dropping to           trying to find viable commercial uses for it. Magnet
                   31,000 tonnes in 2009 and just 24,000 tonnes in 2010.        makers also found they could use less rare earths,

                   Figure 4: Neodymium oxide price (US$ per tonne), 2009-2019

                                   China internal price           Export price

                                   400,000

                                   350,000

                                   300,000
                   US$ per tonne

                                   250,000

                                   200,000

                                   150,000

                                   100,000

                                    50,000

                                        0
                                             1

                                                    1

                                                           1

                                                                  1

                                                                         1

                                                                                 1

                                                                                        1

                                                                                                1

                                                                                                       1

                                                                                                               1

                                                                                                                       1
                                             Q

                                                   Q

                                                          Q

                                                                 Q

                                                                        Q

                                                                               Q

                                                                                       Q

                                                                                               Q

                                                                                                      Q

                                                                                                              Q

                                                                                                                      Q
                                         09

                                                   10

                                                          11

                                                                 12

                                                                        13

                                                                               14

                                                                                       15

                                                                                              16

                                                                                                      17

                                                                                                             18

                                                                                                                     19
                                                        20
                                                 20

                                                                                                    20
                                                               20

                                                                      20

                                                                             20

                                                                                     20

                                                                                            20

                                                                                                                   20
                                                                                                           20
                                        20

                   Source: Roskill/Asia Meal

10
UNITED STATES STUDIES CENTRE | TRADE AND INVESTMENT PROGRAM
                                                                          RARE EARTHS: IS THERE A CASE FOR GOVERNMENT INTERVENTION?

 Figure 5: Global rare earth magnet demand ('000 tonnes), 2010-2026

                  150

                  120
Thousand tonnes

                   90

                   60

                   30

                    0
                           10

                           11
                           12

                           13

                           14

                           15

                           16

                           17

                           18

                           19

                           20

                           21

                           22

                           23

                           24

                           25

                           26
                        20
                        20

                        20
                        20

                        20

                        20

                        20

                        20

                        20
                        20

                        20

                        20

                        20

                        20

                        20

                        20

                        20

 Source: Roskill

 while technology for recycling rare earth products        the European Union. Although the WTO treaty was
 advanced. Alternative magnets were developed,             primarily about lowering barriers to imports, it included
 although with compromises on properties such as           a bar on the use of export quotas. Exceptions were
 weight or strength. Production of rare earth magnets      allowed for the preservation of natural resources, and
 dropped from 85,000 tonnes in 2010 to 60,000 by           China argued this point, saying the export restrictions
 2013 and did not recover until 2016.13 It was not until   were designed to protect the environment. However,
 2018 that total world demand for rare earths matched      the WTO found they were effectively an industry
 2010 levels.                                              protection policy favouring domestic users of rare
                                                           earths. China appealed but lost in 2014, and was
 The lesson from the 1973 oil crisis was clear,            ordered to remove both its export quotas and tariffs. In
 introducing to the advanced world a new ethos             a victory for the WTO dispute settlement mechanism
 of energy efficiency. In the United States, petrol        and the force of its trade rules, China abided by the
 consumption per person has dropped by a third, while      finding rather than court retaliation. The WTO’s
 programs initiated in the 1970s ultimately contributed    authority is being challenged by the trade conflict
 to the research that led to breakthroughs in drilling     between the United States and China, but it continues
 and fracturing shale deposits.                            to provide a vehicle for disciplining the use of export
                                                           quotas.
 While consumption was falling, China’s efforts to
 restrict supply were not going so well. The WTO action    Supply responded to the price shock of 2010, with the
 initiated by the United States was joined by Japan and    biggest boost coming from China itself, where illegal

                                                                                                                                  11
UNITED STATES STUDIES CENTRE | TRADE AND INVESTMENT PROGRAM
RARE EARTHS: IS THERE A CASE FOR GOVERNMENT INTERVENTION?

                   Figure 6: Global rare earth oxide production, 2005-2018
                            China official          China illegal      Rest of world

                            250,000

                            200,000

                            150,000
                   Tonnes

                            100,000

                             50,000

                                  0
                                      05

                                              06

                                                   07

                                                          08

                                                                09

                                                                       10

                                                                              11

                                                                                     12

                                                                                            13

                                                                                                   14

                                                                                                          15

                                                                                                                 16

                                                                                                                        17

                                                                                                                               18
                                                                            20
                                                                     20

                                                                                                                      20
                                                                                   20

                                                                                          20

                                                                                                 20

                                                                                                        20

                                                                                                               20

                                                                                                                             20
                                   20

                                              20

                                                   20

                                                        20

                                                               20

                   Source: Roskill/Paterson

                   production leapt from an estimated 66,000 tonnes in        The following year, Japanese conglomerate Sojitz and
                   2008 to around 95,000 tonnes by 2011, at which point       Australian rare earths developer Lynas announced a
                   it outstripped China’s official production.14              deal, financed by JOGMEC, in which low-interest debt
                                                                              totalling US$250 million would be provided to fund
                   While the squeeze on rare earth supplies affected          development of a mine at its Mount Weld deposit in
                   consumers in the United States and Europe, it was          Western Australia and processing plant to be located
                   the Japanese who responded most forcefully. The            in Malaysia, with Japanese rare earth customers
                   government funded the state-owned resources                guaranteed an offtake of a minimum 9,000 tonnes.
                   company, Japan Oil, Gas and Metals Exploration             Offers of Japanese funding were also extended to rare
                   Corporation (JOGMEC) to support the development            earth developments in Vietnam, Kazakhstan and the
                   of rare earths mines. The Japanese government set          United States.
                   aside US$1.25 billion to mitigate future disruptions,
                   with US$490 million allocated towards technological        The mothballed Mountain Pass mine in the United
                   innovation for recycling and improved efficiency and       States had been sold in 2008 to an investment
                   US$370 million to supporting offshore rare earth           group which assembled funding to restart mining
                   mining ventures.15                                         and processing, with a supply agreement to deliver
                                                                              rare earths to a US firm that supplied catalysts for
                   Australia was a key target, with foreign minister Seiji    the oil refining industry. Sumitomo and Mitsubishi
                   Maehara visiting shortly after the crisis with China.      both offered funding to support the development
                   “Australia stands ready to be a long-term, secure,         but withdrew when they could not line up Japanese
                   reliable supplier of rare earths to the Japanese economy   customers, however the mine recommenced
                   in the future,” Prime Minister Kevin Rudd told him.16      operations in 2012.

12
UNITED STATES STUDIES CENTRE | TRADE AND INVESTMENT PROGRAM
                                                                            RARE EARTHS: IS THERE A CASE FOR GOVERNMENT INTERVENTION?

By 2014, both Molycorp and Lynas had helped lift               China had a monopoly on supply, and
non-Chinese production from 4,500 tonnes to 14,000
tonnes. China was still dominant. As the country lost          It had the institutional capacity to impose an
its fight before the WTO, it increased its domestic            embargo.
production quotas and, combined with the illegal            The experience in the wake of the 2010 crisis is that
Chinese production, the reduced global market was           substitution was widespread, alternative supplies
heavily oversupplied and prices crumbled.                   were developed, and China in any event was unable
Molycorp was forced into bankruptcy by 2015 and             to control market supplies of illegal production.18 Any
suspended operations while Lynas was only kept alive        attempt to target just the United States could be readily
by the steadfast support of its Japanese financiers         circumvented by diverting supplies to customers such
who were determined to preserve a non-Chinese               as Japan.
source of supply.                                           Chinese producers are mindful of this experience. The
Some suggest the Chinese engineered the surplus to          deputy secretary general of China’s Rare Earth Society,
crush competitors, but with the collapse in demand, it      Zhang Anwen, set out the tensions in rare earths
was not until 2016 that its exports surpassed the level     pricing in a recent TV interview. “If the price is too high,
of 2009, while the surplus was fed by illegal production    the downstream enterprises can't afford it, and they
that Chinese authorities were demonstrably trying to        will switch to other substitutes.”19
control. Having lost the case before the WTO and been       Zhang’s aspiration is for a price which captures the costs
forced to remove export quotas and tariffs, it was not      of environmental protection and taxes while providing
surprising that exports rose and prices fell.               a decent profit margin for miners, processors and
A constant complaint in China’s academic economic           manufacturers, but he acknowledges that competition
literature is that the country has been unable to extract   from black-market producers remains a problem.
economic rents from its dominant position in the rare       China’s focus is on downstream processing.
earths market. In the Chinese rare earth industry,          Increasingly, it is not just producing the permanent
the saying is that the international market delivers        magnets, but also the electric motors and other
“cabbage prices”.17                                         devices that use them. There is a similar priority given
Rare earths mining has been barely profitable for           to producing lasers, MRI scanners, lighting and the
most of the major Chinese producers over the past           multitude of other manufactured goods using rare
nine years. A share index of 50 Chinese companies           earths. In China’s state-directed economic model, rare
with rare earths interests boomed along with the            earths and their downstream products are seen as a
rest of the Chinese sharemarket in 2015, but was in         point of comparative advantage in a high technology
decline and below 2014 levels until earlier this year,      niche. With a substantial investment in research and
significantly lagging the market index, when the            development, China has been filing more rare earths
Chinese government acted to stop imports of rare            related patents than the rest of the world combined
earths from Myanmar, most of which was illegal              since 2011.
Chinese production being reimported. This supported         Although Chinese producers are increasing their
domestic Chinese rare earths prices.                        production, the UK-based specialist resource
An analysis by Perth USAsia Centre’s Jeffrey Wilson         consultancy Roskill anticipates the country will be
argues the 2010 crisis and its response shows China         a consistent net importer of rare earths by the early
does not have the capacity to impose an effective           2020s. Chinese investors already have stakes in rare
embargo. To do so would require that:                       earth ventures in other countries, including in Australia.
                                                            They are likely to be a source of support for the
   Demand was inelastic,                                    development of new mine supplies.

                                                                                                                                    13
UNITED STATES STUDIES CENTRE | TRADE AND INVESTMENT PROGRAM
RARE EARTHS: IS THERE A CASE FOR GOVERNMENT INTERVENTION?

Australian prospects in a difficult market

                   The rare earths price boom of 2010-2011 sparked a                 only non-Chinese producer of heavy rare earth
                   rush of investor excitement with one count reaching               oxides. A range of Chinese investors have minority
                   400 listed companies around the world with rare earth             stakes in the company. (Market value A$155 million)
                   prospects.20 Of these, only Lynas has gone through the
                                                                                     Hastings Technology Metals: Aiming to produce
                   transition from hopeful to significant producer, while
                                                                                     6,700 tonnes of NdPr rich oxides by 2022 from its
                   the Mountain Pass mine in the United States, which
                                                                                     Yangibana deposit in Western Australia. It has non-
                   had been mothballed since 2002, was brought back
                                                                                     binding offtake agreements with both Chinese and
                   into production. There are still 30 to 40 listed companies
                                                                                     German buyers, and is targeting German finance for
                   with ambitions to bring on rare earth prospects around
                                                                                     the A$430 million capital investment. (Market value
                   the world, with around a dozen in Australia.
                                                                                     A$140 million)
                   Australia has a substantial history of rare earth mining
                                                                                     Arafura Resources: Is seeking A$1.1 billion to
                   — Geoscience Australia records that the first rare
                                                                                     finance mine and processing for NdPr rich deposit at
                   earths mine in the country was established in 1913
                                                                                     Nolan’s Bore north of Alice Springs in the Northern
                   near Marble Bar in the Pilbara, at a time when the main
                                                                                     Territory. The project would produce 4,400 tonnes
                   applications were making flints and mantles for gas
                                                                                     of NdPr oxide. Although targeting non-Chinese
                   lanterns.21 Australia was the world’s leading producer
                                                                                     markets, it has a non-binding offtake agreement
                   of monazite — a rare earth rich host mineral — in the
                                                                                     with a Chinese permanent magnet maker. Chinese
                   mid-1980s, but production came to a halt in 1995 when
                                                                                     resource industry investors have a minority stake.
                   the French company which was processing it, Rhone
                                                                                     (Market value A$72 million)
                   Poulenc, could no longer obtain permits in France for
                   storing radio-active waste.                                       Alkane Resources: Alkane has approvals in place
                                                                                     to develop a zirconium and rare earth deposit near
                   Geoscience Australia estimates that Australia has
                                                                                     Dubbo in New South Wales and is seeking A$808
                   resources equivalent to 3.2 million tonnes of rare
                                                                                     million in funding for the first stage development.
                   earth oxides that could be economically developed.
                                                                                     It has non-binding offtake agreements for the
                   The global total is 115 million tonnes of which half is
                                                                                     zirconium. (Market value A$192 million)
                   in China. With total world production of just 170,000
                   tonnes, it is obvious the problem is not the availability      An Australian listed company, Peak Resources has an
                   of resources, but rather bringing those resources              advanced project in Tanzania while another, Greenland
                   profitably onstream.                                           Minerals, is working to develop its huge Kvanefjeld
                                                                                  deposit in Greenland. China’s Shenghe Resources has
                   Of the Australian listed hopefuls, there are four with
                                                                                  a 45 per cent stake in Greenland and a non-binding
                   reasonably advanced Australian projects that are
                                                                                  offtake for its entire output.
                   actively seeking funds to implement them.
                                                                                  Well established mineral sands miner, Iluka (market
                      Northern Minerals: Has an unusual deposit of
                                                                                  value A$4.6 billion), is planning to develop a deposit of
                      “heavy” rare earths (a high atomic weight) including
                                                                                  rare earth rich monazite in Victoria’s Wimmera district.
                      a high concentration of dysprosium, an element
                                                                                  Monazite is one of the most plentiful sources of rare
                      used in magnets which need to operate at high
                                                                                  earth, but is difficult to manage because it usually has
                      temperatures. It became Australia’s second rare
                                                                                  a high content of radioactive thorium.
                      earths producer last year, commissioning a A$70
                      million pilot plant at its holdings in the Browns           Australia’s share market has long supported small
                      Ranges in Western Australia to prove the resource           resource exploration companies as has Canada’s,
                      and is raising funds for a separation plant. It currently   which has a similar spread of rare earth prospects on
                      ships concentrates to China for separation. It is the       its lists.

14
UNITED STATES STUDIES CENTRE | TRADE AND INVESTMENT PROGRAM
                                                                                       RARE EARTHS: IS THERE A CASE FOR GOVERNMENT INTERVENTION?

 Figure 7: Global rare earth oxide production ('000 tonnes), 2013-2023

                  250
                                                                                                               China

                                                                                                               Australia
                  200
                                                                                                               Europe
Thousand tonnes

                                                                                                               Rest of world
                  150

                  100

                   50

                    0
                          13

                                 14

                                        15

                                               16

                                                      17

                                                             18

                                                                    19

                                                                          20

                                                                                 21

                                                                                        22

                                                                                               23
                                                    20
                        20

                               20

                                      20

                                             20

                                                                  20
                                                           20

                                                                         20

                                                                                20

                                                                                       20

                                                                                              20

 Source: Roskill

 All tell the same story of demand for permanent                         from 18,600 tonnes in 2018 (from Lynas and Northern
 magnets expected to surge over the next six years                       Minerals) to a capacity of 50,100 tonnes by 2025 with
 as the motor industry switches from petrol to electric                  production from Lynas, Northern and another two
 drives while demand from wind turbine makers is                         producers.22
 expected to remain strong. The British consultancy
                                                                         It may happen, but it is a big jump for a company with a
 Roskill is the main source of industry data and
                                                                         market value of around A$100 million to finance capital
 it expects demand for the NdPr oxides used for
                                                                         development of anywhere from A$500 million to A$1
 permanent magnets to rise by an average of 6 per cent
                                                                         billion. The Australian companies mentioned above
 a year between now and 2030. Roskill predicts that                      have all had well defined projects for at least the last
 China will become a net importer of NdPr by the early                   five years and are still on the launch pad, waiting for
 2020s as the enforcement of environmental guidelines                    lift-off.
 brings a reduction in Chinese production. Roskill thinks
 there will be a big enough gap between supply and                       It can be argued that if shortages of rare earths became
 demand to lift the nominal NdPr price by 40 per cent                    sufficiently acute, prices and market capitalisation of
 (26 per cent real) over the next six years.                             these projects would rise to a point that they could be
                                                                         financed. But investors would have to be satisfied that
 It expects new Australian projects will help to plug                    high prices, in an industry subject to booms and busts,
 the gap, with total production of rare earths rising                    were going to be sustained.

                                                                                                                                               15
UNITED STATES STUDIES CENTRE | TRADE AND INVESTMENT PROGRAM
RARE EARTHS: IS THERE A CASE FOR GOVERNMENT INTERVENTION?

                   It is a big risk for an investor when the real operating     Rare earths are in many ways more like the chemical
                   costs of a difficult processing mill can only be guessed     industry than mining: the heart of the business is the
                   at and the market has frequently been oversupplied.          processing. Wesfarmers, which has a substantial
                                                                                chemical business, made a takeover bid for Lynas,
                   Of the two major projects responding to the 2010             but withdrew it after the company was only able to
                   crisis, Mountain Pass went back into Chapter 11              get a temporary extension of its operating licence in
                   bankruptcy in 2015 as prices slumped, while Lynas            Malaysia.
                   only survived because of the steadfast support of its
                   Japanese financiers. Mountain Pass has recently been         Ultimately, the most likely source of finance is either
                   resurrected by a consortium of investors, with China’s       from an enterprise with a big balance sheet like
                   Shenghe Minerals holding a minor non-voting 10 per           Wesfarmers which is making a bet on the future of
                   cent stake. It is selling its concentrates to China for      batteries and electric motors and wants to get into
                   processing but is working to restart its US separation       production of the raw materials, or else it will come
                   plant in 2020.                                               from a major customer which wants to secure its
                                                                                supplies. It would not surprise to see funding for
                   The biggest challenge for prospective producers              rare earths projects emerging from the motor vehicle
                   in Australia and elsewhere is that projects are not          and energy industries, but it is not there yet. Those
                   bankable: banks will not lend to a project when the          customers could be Chinese.
                   pricing is as opaque as it is with rare earths. Equity
                   markets are similarly unprepared to deliver the capital      There are risks to both supply and demand. On the
                   required to bring these projects to life.                    supply side, China may decide to develop its abundant
                                                                                reserves of monazite, which is not currently mined
                   A Chinese metals exchange which traded rare earths           because of concerns around radioactive waste. On
                   collapsed amid widespread fraud in 2015. Since then, a       the demand side, technological development is
                   number of research houses post public prices based on        unpredictable. Tesla had long preferred ‘induction’
                   surveys of traders, mining companies and consumers,          electric motors (which use copper coils rather than
                   but there is no futures market or any forward pricing        permanent magnets), but recently adopted an
                   that could be used to secure finance. The reality is that    innovative electric motor that uses much smaller
                   prices are hammered out in private negotiations of           amounts of rare earths than the standard permanent
                   long-term contracts with customers. Rare earths are          magnet motor and retains copper coils. Were the new
                   not generic commodities but are mostly produced to           Tesla design to become an industry standard, it would
                   the specification of individual customers.                   sharply reduce future growth for magnet materials.
                   There is a chicken and egg problem: potential financiers     Relative to more mature resource sectors such as the
                   would want to see binding take-off contracts before          gold industry, the rare earths industry suffers from a
                   committing, but potential customers will not commit          series of information gaps. There is no open pricing,
                   until they are sure the project can deliver the volume and   the cost and efficiency of a processing plant is highly
                   quality or purity of the material they require. Because      uncertain with each orebody imposing unique demands
                   of the technical difficulty in separating many rare earth    and the end market use is vulnerable to unpredictable
                   ores, a pilot plant cannot provide that assurance —          technological change.
                   potential customers need to see the output from the
                   full-scale plant before they are ready to sign a binding     Perhaps the biggest uncertainty facing potential
                   contract.                                                    developers of rare earth projects is the unpredictable
                                                                                actions of China, the dominant producer.

16
UNITED STATES STUDIES CENTRE | TRADE AND INVESTMENT PROGRAM
                                                                         RARE EARTHS: IS THERE A CASE FOR GOVERNMENT INTERVENTION?

Strategic responses of Japan and the United States

The approaches of Japan and the United States to           trade database, compared with less than 20 per cent
China’s dominant position in the rare earths market are    in 2010. (There are few accurate figures for a trade
an illuminating contrast, with the Japanese government     characterised by secrecy and smuggling.)24
much more focussed on alleviating its national
                                                           The United States chose not to direct public funds to
economic vulnerability while the US administration’s
                                                           ensure an independent supply of rare earths. Its only
greatest concern is ensuring self-sufficiency for its
                                                           rare earths mine at Mountain Pass has twice been
military.
                                                           mothballed because of poor profitability, although it is
Japan’s dependence on imported resources has               now back in business.
been a dominant feature of its history, motivating
                                                           Efforts to legislate government debt guarantees for
its imperialism in the 1930s and 1940s, particularly
                                                           rare earth production in the wake of the 2010 crisis
following a US embargo on oil and steel shipments.
                                                           were unsuccessful. There is a strong view in the United
Japan was also severely exposed to the 1973 OPEC
                                                           States that allowing corporate failure is the process of
oil embargo and reacted with a major government
                                                           natural selection that makes its capitalism so strong.
led strategy to reduce dependence on oil in favour of
natural gas and nuclear power while also encouraging       However, the vulnerability of the military to Chinese
energy efficiency.                                         supplies is keenly felt and in 2017, President Donald
                                                           Trump issued an executive order that the Departments
In 2005, as the commodities boom was just beginning
                                                           of Interior and Defense
to gather steam, Japan began work on a strategy to
                                                           should develop a strategy
secure supplies of non-ferrous metals and in 2007,
                                                           to reduce the country’s
during the first administration of Prime Minister                                         The approaches of Japan and the
                                                           dependence on foreign
Shinzo Abe, the Ministry of Economy, Trade and             critical minerals.             United States to China’s dominant
Industry released a paper focused on rare earths. It                                      position in the rare earths market
called for the use of public funds, including overseas     The United States has
development assistance, to help Japanese firms             maintained a strategic
                                                                                         are an illuminating contrast, with
acquire mining interests abroad. It also urged greater     stockpile of resources the Japanese government much
government stockpiles of critical materials. Funding for   deemed necessary for more focussed on alleviating its
the development of non-Chinese supplies would be           military       preparedness
                                                                                         national economic vulnerability
made available through the government-owned Japan          since the late 1930s and
Oil, Gas and Metals National Corporation (JOGMEC),         has, since 1973, had laws while the US administration’s
which provides finance and guarantees as well as           prohibiting the use of greatest concern is ensuring
geological and technical support to Japanese minerals      foreign specialty metals self-sufficiency for its military.
and energy companies.                                      in US weapons systems
                                                           although these did not refer
In rare earths, it has worked with a trading company       specifically to rare earths until last year. A Reuters
Sojitz to secure long-term supply agreements and joint     investigation showed that in 2012, suppliers to the
ventures in Vietnam, Kazakhstan, India and Mongolia,       F-35 strike fighter program had to obtain waivers from
as well as its most successful rare earth venture,         this legislation to include Chinese-made permanent
backing Lynas. JOGMEC’s refinancing of Lynas debt          magnets in the aircraft’s radar system and landing
this year means, as one commentator remarked,              gear.25
it enjoys “some of the cheapest debt in corporate
Australia”.23                                              A review of the Department of Defense management
                                                           of rare earths by the US Government Accountability
As a result of government interventions, non-Chinese       Office in 2016 found there was no systematic
sources now account for roughly 60 per cent of             collection of data about what rare earths were used
Japan’s spending on rare earths according to the UN        with knowledge confined to specialists in particular

                                                                                                                                 17
UNITED STATES STUDIES CENTRE | TRADE AND INVESTMENT PROGRAM
RARE EARTHS: IS THERE A CASE FOR GOVERNMENT INTERVENTION?

                   weapons systems. This meant there was no overall               His declaration says that in the absence of government
                   management of risks to supply. It was critical of the          intervention, US industry cannot reasonably be
                   strategic stockpile, saying many of its materials were         expected to provide production capability for separating
                   not in a useable form, with the United States lacking          light or heavy rare earths, or manufacturing rare earth
                   the commercial capability to process them.26                   magnets.

                   The response to President Trump’s executive order,             The act was devised in 1950 to ensure the military
                   a strategy to “ensure secure and reliable supplies of          was adequately supplied during the Korean war and
                   critical minerals” published by the Department of              the Cold War. It enables the Department of Defense
                   Commerce in June, highlighted the fact that the erosion        to make loans or offer loan guarantees, with or without
                   of United States manufacturing capability is as much of        interest.
                   an issue as the lack of a secure supply of raw materials.      Generally, the amounts involved are not large —
                   “Increasing mining without increasing processing and           congressional approval is required for advances of more
                   manufacturing capabilities simply moves the source of          than US$50 million. Larger sums can be advanced
                   economic and national security risk down the supply            with a presidential waiver and congressional approval
                   chain and creates dependence on foreign sources for            for defence projects is rarely a problem. In practice
                   these capabilities,” it said.27                                most loans and guarantees offered under the scheme
                                                                                  have been below the US$50 million threshold. The
                   The report included several concrete recommendations,
                                                                                  Department of Defense will not take overall project
                   such as improving the funding for the strategic
                                                                                  financing responsibility. The intent is that access to
                   stockpile, streamlining mining approvals, easing land
                                                                                  early stage funding may help companies in reaching
                   access requirements and improving collaboration
                                                                                  their investment decision. It is still assumed that
                   between the US Geological Survey and its peers in              projects would have offtake agreements lined up and
                   allied countries, particularly Canada and Australia.           would be essentially commercial in their nature.
                   It also highlighted the need for greater federal support       The most prospective direct Australian response to US
                   for research and development in rare earths and                defence needs is a plan by Lynas to establish a heavy
                   downstream products and for stimulating private                rare earths separation plant in Texas, in joint venture
                   sector investment in production capacity. In both these        with US chemicals business Blue Line Corporation. The
                   cases, however, it did not articulate strategies but           cost and funding of the plant has not been disclosed,
                   rather suggested they should be developed.                     with Lynas suggesting it will be funded from internal
                                                                                  resources. It would likely qualify for assistance under
                   It said options to support the private sector included
                                                                                  the Defense Production Act. Lynas chief executive
                   investment tax credits, capital gains tax exemptions,
                                                                                  Amanda Lacase highlights that there is no significant
                   low interest loans and guarantees, workforce training          capacity to separate heavy raw earths outside China.
                   support, trade assistance and policies for domestic            Lynas has a very clear market positioning as a non-
                   sourcing and small business procurement.                       Chinese supplier with no major Chinese shareholding.
                                                                                  This makes it attractive to US rare earths users. Lacase
                   President Trump has taken a significant step to stimulate
                                                                                  cautions it can take many years to progress from
                   investment in rare earths processing by invoking
                                                                                  investment commitment to first production.
                   the Defense Production Act, which empowers the
                   Department of Defense to provide financial assistance          In the United States, MP Materials’ profitability has
                   to ensure critical supplies are available. It also gives the   been hit by the imposition of 30 per cent tariffs on its
                   government the power to order private companies to             exports of concentrates to China in retaliation for US
                   meet the needs of defence-related contracts before             tariffs. The company is working on a US$200 million
                   they satisfy their commercial demand.                          plan to reopen its mothballed separation plant next

18
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