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Home Risk & Resilience Disruptions

US Policy Lags on Critical Minerals Upstream Resilience

2026/05/19
in Disruptions, Risk & Resilience
0 0
US Policy Lags on Critical Minerals Upstream Resilience

By Kenneth Johnson, Opinion Contributor

US Critical Minerals Strategy Focuses on Domestic Capacity, Not Upstream Governance

According to Corporate Compliance Insights, the United States has committed approximately $53 billion through the CHIPS and Science Act to strengthen domestic semiconductor manufacturing, aiming to reduce reliance on external supply chains. Despite this investment, the upstream and midstream segments—mining, processing, and refining—remain largely dependent on foreign sources, creating a structural vulnerability in the critical minerals supply chain.

Global Value Capture Imbalance Persists

Resource-rich countries, particularly in Africa, produce a significant share of critical minerals but retain less than 10% to 15% of the total value associated with them. In contrast, downstream processing capacity for several minerals is concentrated in a single geography at 80% to 90%, creating systemic risks for industrial economies like the US. This imbalance is not geological but institutional, rooted in uneven global value chain integration.

Two Flawed Policy Approaches Dominate

Two dominant policy models exacerbate supply chain instability. The first, resource sovereignty, involves export restrictions or local processing mandates. However, when implemented without sufficient domestic processing capacity, it has led to reduced revenues and constrained production in some cases. The second, unstructured liberalization, allows open-ended extraction with minimal value addition, reinforcing long-term dependency and increasing the risk of future policy shifts.

Proportional Collaborative Sovereignty Offers a Solution

Supply chain expert Kenneth Johnson proposes a model called Proportional Collaborative Sovereignty (PCS), which advocates that sovereign control over mineral value chains should expand in proportion to demonstrated domestic capability. This sequenced approach aligns policy evolution with real industrial capacity, reducing regulatory volatility and improving investment clarity. The model emphasizes collaborative industrialization through joint ventures, co-investment, and technology transfer—often at a regional scale—enabling sustainable development while maintaining global market integration.

“Policy evolves in sequenced stages aligned with real capacity in processing, refining and manufacturing. This sequencing reduces policy volatility while improving investment clarity.” — Kenneth Johnson

Implications for US Companies and Compliance

For US policymakers and corporate compliance professionals, the implications are clear: supply chain resilience cannot be achieved through domestic investment alone. Upstream and midstream segments must be governed in ways that are predictable, investable, and aligned with host country development strategies. Regulatory complexity will continue to rise as resource-rich countries seek to expand domestic value capture. US companies operating across multiple jurisdictions must navigate evolving policy environments, particularly in Africa and Southeast Asia, where such efforts are accelerating.

The US International Development Finance Corp. has expanded its role in financing critical minerals projects abroad, while the US defense sector maintains strategic reserves through the National Defense Stockpile to mitigate supply disruptions. Yet these measures do not address the root issue: governance misalignment in upstream supply chain segments.

Recent Policy Outcomes Validate the Need for Alignment

Recent outcomes in multiple jurisdictions demonstrate the risks of misalignment between policy ambition and execution capability. Export restrictions implemented without sufficient domestic processing infrastructure have resulted in reduced revenues and delayed industrial development. These cases underscore the importance of matching policy goals with actual industrial capacity.

Source: www.corporatecomplianceinsights.com

Compiled from international media by the SCI.AI editorial team.

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