DPAS Directive Allocation Order and Additional Requirements for Recoverable Critical Minerals and Materials

What it does

The Bureau of Industry and Security ("BIS") is publishing this temporary final rule to restrict the exportation of black mass and tungsten waste and scrap without a license. Specifically, as of August 27, 2026, U.S. persons engaged in the sale of black mass and tungsten waste and scrap must allocate 100 percent of monthly sales to U.S. persons, unless an adjustment or exception is obtained in advance from BIS. This action is taken pursuant to section 101 of the Defense Production Act of 1950, as amended ("DPA" or the "Act"), the Defense Priorities and Allocations System (15 CFR part 700) and Presidential Determination Pursuant to Section 101 of the Defense Production Act of 1950, as Amended, on Recoverable Critical Minerals and Materials, dated July 30, 2026 ("DPA Determination on Recoverable CMMs"), in which the President authorized the Department of Commerce ("Commerce") to address the scarcity of recoverable critical minerals and materials ("CMMs"). BIS invites the public to submit comments on whether any additional sales requirements are necessary or appropriate to promote the national defense.

The Industry and Security Bureau's summary, as published in the Federal Register.

What changed in the regulation

1 part of Title 15 of the Code of Federal Regulations:

15 CFR 700

Wording on eCFR: the day before it took effect and from the day it took effect (first part listed).

Compared with

The Industry and Security Bureau has published 12 final rules in 2026 so far, compared with 22 in all of 2025.

Counted by the Tribune from Federal Register records since Jan. 1, 2025.

What happens next and when

Directive Allocation Order Effective date: August 27, 2026 through August 27, 2027.

The agency's dates, word for word.

Check it yourself

• The document in the Federal Register
• Docket BIS-2026-0364 on Regulations.gov
• Title 15 on eCFR

The record as published

Source: the Federal Register (public domain). The document in the Federal Register