As expected, NDRC held meetings last few days to draw up plans to have rare earths mining and productions centralized. Xi Jinping didn't show up there without having a plan in mind. Once all aspects of mining and processing centralized and controlled, rare earths export flows can be turned on and off effectively at will, no more smugglers. SecCom Ross is voicing concerns about managing rare earths supplies once that happens. So let's see.
Will China's Rare Earth Card Work in the Trade War?
Yes. Definitely. Why? Because in today's rare earth supply chain, it's my way, or highway.
Today is 2019, not 2010. There are tectonic changes in world economy, politics and military in China's favor. And the US and China are being engaged in a trade war where the US has mobilized American national institutions to strike Chinese business interests for both political and economic gains. So the engagement rules about rare earth embargo used in 2010 are no longer applicable anymore.
If I were the person who plans to use rare earth as a retaliation means to hurt the US, and to hurt it so badly that the US would have no desire to continue the trade war, I would implement my striking plan as follows:
1) First, it of course starts with mending fence and patching holes in my own house. I would make rare earth mining, producing, marketing and exporting to make sure the whereabouts of every gram of rare earth shipped out of the country is trackable, and to hold the exporter is accountable for every gram of rare earth exported. This job is relatively easy as it is a Chinese internal affair. Recent NDRC meeting is a good beginning of this task.
2) Second, hold the importer accountable for every gram of rare earth imported from China. I would require the importer sign legal documents that satisfy my goals, otherwise, you would never get an import licence from me. You want rare earth? You have to satisfy my conditions. In these documents, the importer has to agree that no end product made from the rare earth imported from China can be sold to anyone without my permission, that the deals must be conducted through the banks that I've agreed with, and that the importer must report to me its use of my rare earth in the way I instruct, and that I can check the importer's final sell records. Besides, the importer must have certain qualifications in order to obtain an import licence. One of them is the importer must have enough collateral assets, or security, reachable by me in case a fine is imposed.
3) Third, the rare earth you buy would be delivered incrementally and only in small patches. New patch of export will not be granted until the final users of the end product of last patch imported rare earth have be verified by me.
4) Fourth, I would
copy the US's playbook, establishing an Unreliable Entities List of end users of my rare earth products, and using long-arm jurisdiction to enforce my laws and regulations. No my rare earth should be re-sold, and no end products made from the rare earth imported from China should be sold to any of the unreliable entities. You can only conduct your rare earth business with the entities I permitted, and I'll check this at the time I choose. (Don't bother to go to the WTO to complain about your sad rare earth experience. I just copy something from the Pakistan-US F-16 sale agreement. )
5) Fifth, I would develop a set of very sophisticated, workable procedures to make sure every gram of rare earth you purchased from me is used up to my sanctification. If the importer Toshiba, for instance, used my rare earth to make the chips that end up in the radars installed in Taiwan's F-16s, you'd better believe that I can find it out even though I don't have any access to Taiwan's F-16s. How can I accomplish this job? I wont tell you here.
6) Finally, there is no sanctions, embargoes, or violations to WTO rules. I only use fines, cancellation of import licences, and seizure of collateral assets or deposited securities if you violate the terms of the legal documents you signed. This is common business practice every firm is using today.
My plan is not aimed at completely cutting off rare earth supplies to the US. Rather, my goal is only to use my current dominant market position to disrupt world rare earth product chain, just as the US has done to ZTE and to Huawei, making my rare earth hardly obtainable to the US, forcing unemployment as high as possible in the related industries in the US, causing as heavy political damage as possible to the arrogant and stupid Americans who started this trade war.
It's going to take about a decade for the US to re-establish a reliable rare earth supply chain. By the time the US has its own rare earth, I've already been in much favorable fighting position in science and technology. Game over for the US.