The White House is reportedly considering an executive order aimed at expediting the process for deep-sea mining in international waters, according to a Reuters exclusive.
The potential order could allow US companies to bypass the United Nations-backed review system currently in place and seek faster approval from US regulatory agencies for the extraction of key critical minerals.
These minerals, including nickel and copper, are essential for industries ranging from technology to energy, and the push is part of a broader US strategy to reduce dependence on foreign supply chains, especially China.
The order could pave the way for companies to apply for permits through the US Department of Commerce’s National Oceanic and Atmospheric Administration (NOAA) instead of the International Seabed Authority (ISA).
The ISA has been working for years to develop a regulatory framework for deep-sea mining in international waters, but has faced delays due to ongoing debates over environmental and operational guidelines.
The Trump administration’s proposed move to fast-track mining permits is part of a broader “America First” agenda that prioritizes boosting domestic production of minerals critical for national security and technological infrastructure.
Earlier this month, President Donald Trump invoked emergency powers to accelerate domestic mineral production.
This new executive order would extend that push to international waters, reinforcing the US commitment to reducing reliance on foreign sources, particularly China. China has strong control over supply of many key minerals, especially those vital for the defense and high-tech sectors. Recent steps from the US to secure alternative sources include the pursuit of potential partnerships with nations like Greenland and Ukraine for mineral extraction.
The executive order under consideration would allow American companies to extract seabed resources while following US regulations, sidestepping the slow-moving ISA process.
Regulatory disputes and growing frustration
Under current international law, deep-sea mining in international waters is governed by the ISA, which was established by the United Nations Convention on the Law of the Sea (UNCLOS).
However, the ISA has yet to finalize its mining regulations, largely due to disputes over environmental issues, such as the impact of mining on marine ecosystems and biodiversity.
One major company, the Metals Company (TMC) (NASDAQ:TMC), which has been involved in deep-sea mining for over a decade, has expressed frustration over the ISA’s delays.
In a recent statement, TMC CEO Gerard Barron said while the company has invested heavily in developing environmentally responsible mining techniques, it has been unable to move forward due to the ISA’s lack of action.
“We believe we have sufficient knowledge to get started and prove we can manage environmental risks. What we need is a regulator with a robust regulatory regime, and who is willing to give our application a fair hearing,” he said.
TMC has already taken steps to apply for mining permits under existing US laws, and intends to submit its application for exploration licenses and recovery permits in the second quarter of 2025.
The ISA, which is composed of 36 member nations, recently held a council meeting in Kingston, Jamaica, where it once again failed to resolve critical regulatory issues surrounding deep-sea mining.
The meeting, which took place earlier this month, ended without an agreement on key amendments to the draft mining code that has been under discussion for years.
Delays from the ISA have led some companies, such as TMC, to seek alternatives. Barron has voiced support for a US-led permitting process, arguing that the US already has a robust framework under the Deep Seabed Hard Mineral Resources Act of 1980, which gives NOAA the authority to regulate deep-sea mining activities in international waters.
“Despite collaborating in good faith with the ISA for over a decade, it has not yet adopted the Regulations on the Exploitation of Mineral Resources in the Area in breach of its express treaty obligations under UNCLOS and the 1994 Agreement,” Barron continued, adding that the company is confident it can manage risks.
The ISA’s failure to resolve these issues has raised concerns among nations and companies that have staked claims in international waters. Bypassing the ISA could strain relations with countries that support its oversight role, especially those advocating for a global regulatory approach to ensure fair and sustainable resource extraction.
Securities Disclosure: I, Giann Liguid, hold no direct investment interest in any company mentioned in this article.