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Joint US-EU Action Plan & MOU for Critical Mineral Supply Chain

By James R. Holbein, Of Counsel, and Francesca Jaubert, Summer Law Clerk, Braumiller Law Group PLLC

Introduction

Global reliance on critical minerals for emerging technologies has created a competition between nations to secure reliable supply chains for continued innovation pertinent to national security. This is necessary from a national security perspective for both partners in this agreement. China controls more than 85% of heavy rare earth processing and rare earth magnet production. It is also one of the largest suppliers of many other critical minerals and battery materials. China has imposed export controls on critical minerals and this threat to steady supply of these key strategic materials is tangible for the United States (US) and the European Union (EU), as well as most of their trading partners.

On April 24, 2026, the US and EU signed a bilateral agreement to directly confront these vulnerabilities and construct a resilient critical mineral partnership open to new members. This follows a series of agreements on critical minerals with key trading partners previously outlined by the authors. (Critical Minerals Focus of White House Trade Agreements in 2025). This article analyzes the substance of that agreement, its stated purpose, the scope of the commitment, and the structural limitations. While the two parties demonstrate genuine strategic alignment, a close reading reveals an agreement that lacks meaningful structure towards building an alliance.

Analysis of the Agreement

Purpose: The Strategic Imperative

Critical mineral supply chains are vulnerable due to the practices of non-market policies in the greater global economy, especially in China, the second largest national economy. The US and EU are in agreement; critical minerals are essential to continued industrial innovations, and both partners seek to collaborate in developing a “plurilateral trade initiative” with third countries that agree with this vision. (United States-European Union Action Plan for Critical Minerals Supply Chain Resilience) (hereinafter “Action Plan”).

The agreement between the US and EU is comprised of the Action Plan and Memorandum of Understanding (MOU) establishing a partnership between both members to fortify critical mineral supply chains. The agreement was signed on April 24, 2026, but the foundation for the agreement was already established back on February 4, 2026, when the US, EU and Japan met in Washington to discuss establishing a plurilateral agreement between the three partners. (Joint Press Statement – Advancing Economic Security: the EU, Japan, and the US Forge Strategic Partnership on Critical Minerals Supply Chain Resilience). At this time, the agreement at hand only encompasses actions between the US and EU. 

Scope: Critical Mineral Supply Chain

Plurilateral trade agreements tend to outline a specific set of objectives each partner country is committing to. The MOU clearly outlines a broad scope for this agreement that covers “the entire value chain and life-cycle management, including exploration, extraction, processing, refining, recycling and recovery.” (Memorandum of Understanding between the European Union and the United States of America on a Strategic Partnership on Critical Minerals) (hereinafter “EU-US MOU”).

Rather than focusing on just sourcing, this agreement reflects the Trump administration’s larger movement towards targeting critical minerals and their derivative products. (Fact Sheet: President Donald J. Trump Directs Negotiations to Adjust Imports of Processed Critical Minerals and Their Derivative Products into the United States). The MOU focus includes recycling and recovery signaling an intent to secure the supply chain with a circular economy to enable more substantial supplies from a variety of domestic and foreign sources. While the agreement is vague on specifics, the scope may signal that the US and EU are moving towards framing regulatory action more broadly. 

Commitments: Moving Forward

The MOU and Action plan enumerate broad aspirations of moving the EU and US in the same direction regarding critical mineral actions. Both members agree to undertake the same objectives and hold mutual expectations about joint progress. The principal areas addressed are:

  • Supply Chain Diversification and Investment

The partners to this agreement commit to jointly develop “innovative, sustainable, and responsible critical mineral projects” to secure diversified supply lines that create products which assist the two partners and possibly third countries. (EU-US MOU) . This objective highlights the use of financial support with business opportunities and funding to create investments each partner (and possible third parties) can benefit from. Expanding sourcing to third countries could be supported by the investment necessary to develop mining and processing.

  • Fair Markets and Trade Measures

The Action Plan’s most ambitious element is the potential plurilateral trade initiative that prioritizes fair competition with high-standard markets. Some suggested measures include “border-adjusted price floors, standards-based markets, price gap subsidies, [and] offtake-agreements” with a focus on securing the critical mineral supply chains for the partners. (Action Plan). This section is meant to directly address the “non-market” economic action of foreign export controls with strong trade measures.

  • Export Restriction Response

Each partner commits to sharing information about third-country export restrictions on critical minerals and coordinating responses accordingly. This objective is the most immediately actionable as it builds on previously existing agreements that outline the rules around sharing information between the US and EU. (EU-US MOU) . The MOU agreement may limit the breadth of shareable information with other partners should other nations that do not have this history join the plurilateral agreement, but a future plurilateral agreement can readily address these information sharing and export restrictions issues among the multiple participants.

  • Permitting Streamlining and Integration

Partners to the agreement commit to “take measures to accelerate, streamline, or reduce permitting timelines and processes” for permits related to critical mineral extraction and processing. (EU-US MOU). Additionally, the partners agree to cooperate on research related to new innovations like recycling minerals and industrial integration of strategic portions of the value chain for critical minerals. 

  • Stockpiling and Rapid Response

As a tool for national security, partners agree to share information on measures to prevent supply disruptions. One specific measure highlighted in the MOU and Action Plan is stockpiling cooperation between partners. This action with other “technical and regulatory cooperation” will facilitate protection of critical mineral supply chains with partners assisting each other with information and by securing themselves with critical mineral stockpiles. (Action Plan).

Limitations and Structural Gaps

Within this agreement, partners clearly state (both in the MOU and Action Plan) that these goals and objectives are non-binding on all partners. The MOU unambiguously states it “is not intended to and does not create legally binding rights or obligations under international or domestic law.” (EU-US MOU). Due to its non-binding nature, the agreement is just a stated set of intentions for possible collaboration between the partners.

There is also language in the MOU that provides for a vague system of resolution for partners. As in other letter agreements, the MOU states that any “differences arising from [the MOU] are expected to be resolved amicably through consultations” without going on to explain any structured pathway to resolution. (EU-US MOU). Should a party seek to discontinue the formal arrangement, they must offer six-month’s notice, without any requirements for dispute resolution. These provisions reflect an agreement whose durability is contingent entirely on the continuation of the parties’ shared objectives and methods.

Neither the MOU nor Action Plan contain any specific timelines that partners must abide by. The MOU specifies that partners will meet at least twice a year to review progress on the agreement, and states that partners must complete a post-project analysis as needed after completion of action towards an objective. (EU-US MOU). Beyond that, there is no requirements for when partners are expected to take actions that further this agreement.

Conclusion

The US-EU critical minerals agreement reflects a genuine convergence of strategic interests between two of the largest trading bodies in the world. It shows the parties are committed to developing control of the full critical minerals value chain. After all, the supply of critical minerals is imperative to continued technological developments ranging from AI and data centers to strategic technologies, nuclear energy and new energy systems. Disruptions to this critical supply chain could mean a direct threat to technological competitiveness and defense readiness. The agreement to cooperate with stockpiling and export restriction coordination are first steps towards mitigating these risks. 

The agreement’s broad scope, shared intentions to negotiate a plurilateral trade initiative, and coordinated responses demonstrate a meaningful alignment between the partners. However, the agreement’s structural limitations greatly constrain its capacity to deliver on some of the objectives. The non-binding nature, absence of enforceable timelines and lack of structured dispute resolution leave implementation contingent on the continued consent of each partner. This lack of reliability does little to resolve the uncertainties surrounding the critical minerals value chain. Plus, any partner can give a six-month notice, and they would quickly stop forming part of the agreement without needing to take further action.

In addition to this Action Plan and MOU between the US and EU, President Trump announced in January of this year his intention to adjust imports of processed critical minerals and their derivative products into the US. (Adjusting Imports of Processed Critical Minerals and their Derivative Products into the United States). Part of this plan includes negotiating with other countries to create multi-lateral agreements like the one described in this article. Additional plans remain to possibly include a price floor and consideration of tariffs in the future for these same types of products. The administration believes that all these action steps taken together will help the US become less dependent on foreign processing of US critical minerals.

The goal of a true plurilateral, binding agreement among multiple supplier countries and manufacturing countries is an important national security goal for all of the participating countries. While not quickly negotiated, the outline provided by the EU-US MOU and the multiple other agreements that have been negotiated by the US could form a solid basis for further negotiations and the conclusion of a more detailed and binding arrangement.

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