The Ministry of Commerce, in response to China ' s Export-Restricted Export Technical Directory, is proposing to include technologies such as artificial intelligence to ensure safety and control and to encourage open-source and cooperative sharing

The Ministry of Commerce, in response to China ' s Export-Restricted Export Technical Directory, is proposing to include technologies such as artificial intelligence to ensure safety and control and to encourage open-source and cooperative sharing

October 16th news todayMinistry of CommerceTHE MINISTRY OF SCIENCE AND TECHNOLOGY ISSUED CIRCULAR NO. 48 OF 2026, IN WHICH IT CONSULTED PUBLICLY ON THE REVISION OF CHINA ' S DIRECTORY OF EXPORT-RESTRICTED TECHNOLOGIES (HEREINAFTER REFERRED TO AS " THE DIRECTORY " ) AND APPLIED INTERIM MEASURES FOR PRE-EXPORT REGISTRATION OF RELATED TECHNOLOGIES. THE PRESS SPOKESMAN OF THE DEPARTMENT OF COMMERCE RESPONDED TO QUESTIONS POSED BY JOURNALISTS. 1AI THE MINISTRY OF COMMERCE HAS THE FOLLOWING TEXT:

Q: What is the background to the revision of the Catalogue

In accordance with article 20 of the Law of the People ' s Republic of China on Foreign Trade, the Department of Foreign Trade of the State Council, together with other relevant departments of the State Council, prepares, adjusts and publishes a catalogue of technologies that prohibit or restrict exports. Since 2001, the Department of Commerce, in conjunction with the Ministry of Science and Technology, has made several changes to the Catalogue, both in and out, and has developed working practices. The revision is also a normal exercise in the management of trade in technology and is carried out in accordance with the law and without regard to any particular country, region or entity。

In recent years,AIBiomedicine and photovoltaic-related technologies are increasingly being used in sensitive areas, with major economies implementing varying degrees of export control. In keeping with international practice, China has implemented the necessary regulations in accordance with the law, both to prevent the risk of uncontrolled and inappropriate proliferation of technology and to guarantee normal international cooperation in the exchange of technology, and to promote the advancement of science and technology to good, safe and control, for the benefit of mankind。

Question: What is the range of new technologies to be added to the Directory

Response: This public consultation concerned 40 key technologies in three proposed areas: artificial intelligence, biomedicine, photovoltaic. Of these, 14 are proposed to be banned, including: Artificial Intelligence-driven Malicious Code Generation and Modified Technologies, an autonomous intellectual property-enabled cell and gene therapy technology platform, mining and superstition battery component production techniques, etc.; and export-restrictive technologies, including Artificial Intelligence Assisted Hole-Digging, Universal Model Cells with Autonomous Intellectual Property and Genetic Treatment completely new target detection and validation techniques, single-line production capacity of 30,000 tonnes/year polycrystal silicon engineering techniques. The bulletin also identifies situations such as the application of facilitation measures. For further information, please refer to the original language of the bulletin。

Q: Does the revision of the Catalogue take full account of industry developments

Response: The Chinese Government has consistently supported the conduct of mutually beneficial, win-win transnational operations and international technical cooperation by enterprises in accordance with the law. The Ministry of Commerce, the Ministry of Science and Technology, together with industry authorities, have previously organized a wide range of in-depth evaluations of research institutions and industry organizations, and have taken full account of the proposals of major enterprises, taking into account the current situation and development needs of domestic and foreign industries. This can be seen in three ways: the first is the limited precision of the pipeline. Most of the technologies to be listed on this occasion have identified specific technical indicators, and products that are manufactured using the technologies are outside the scope of regulation, with clear, precise and limited management, and have defined compliance boundaries for enterprises to facilitate policy implementation. Second is the application of facilitation measures. It identifies a wide range of export scenarios to be applied to facilitation measures, reflects the regulatory concept of classification and helps to increase policy transparency and predictability and to ensure the safety, regulation and sequencing of technology exports. Third is the implementation of dynamic adjustments. The Ministry of Commerce and the Ministry of Science and Technology will, in accordance with the law, implement dynamic adjustments to the scope of the management of the Catalogue by moving unadvanced or backward technologies out of the Catalogue in a timely manner, in accordance with technological developments. This consultation is a proposed organization of work for a broader audience。

Question: What are the main considerations for the proposed addition of AI

Response: At present, the global innovation of artificially intelligent technologies is entering an unprecedented period of dynamism, with opportunities and challenges. This time it is proposed to add 23 key technologies related to artificial intelligence large models, intelligent bodies, calculators and information processing to the Catalogue, with the following main considerations:

One is to ensure that artificial intelligence technology is safe and manageable. Various types of endogenous and derivative risks caused by artificial intelligence have received high global attention. The proposed manual smart self-propelled malicious code generation and mutation technology could be used to attack sensitive systems such as the national critical information infrastructure, defence force workers, core government services or to bypass the national security defence system. If acquired by non-State actors or malicious entities, it may endanger national security and the common security of humankind. The Chinese Government applies the necessary controls over such technologies, with the aim of establishing a safety net, preventing misuse, ensuring that artificial intelligence remains under human control and promoting artificial intelligence international governance。

Second is to encourage open-source and cooperative sharing. The Chinese Government is committed to making artificial intelligence an important source of momentum for common prosperity and common security. In order to support the construction of an artificial-intellectual-intellectual-open-source innovation ecological system, the export of technologies such as artificial-intelligence technology open source, the establishment of self-inflicted computing centres outside China by Chinese enterprises, the development of chip production outside China, joint research and development with offshore resources and participation in international standard-setting, etc., and the application of such facilitation measures as automatic licensing, essentially achieves “censorship”; and the creation of a favourable environment for international cooperation in the international exchange of artificial-intellectual-intellectual technology through, inter alia, the publication of academic papers, etc., relevant technologies that have entered the public domain, without being included in export management。

It is important to note that China is in favour of working with countries on the basis of mutual respect, equality and mutual benefit in the form of an artificial intelligence dialogue to address the risks of the proliferation and uncontrolled use of artificial intelligence technology. China supports the efforts of the countries of the global South to strengthen capacity-building in artificial intelligence to bridge the digital divide and promote sustainable development. Additional facilities and support will be provided for international cooperation for capacity-building, technology-sharing and the export of technologies required for co-establishment of rules among the members of the World Organization for Artificial Intelligence Cooperation。

Question: After the full implementation of the Directory, are the various forms of “off-shore” such as the deployment of large artificial intelligence models overseas and the provision of model calls abroad, falling within the scope of technology export management

Response: At present, there are a variety of “off to sea” models for large artificial intelligence models and applications, determining whether specific “off to sea” situations fall within the scope of technology export management, and at the core is whether they involve the transfer of restricted types of technology from China to abroad。

The range of artificial intelligence technologies included in this regulation is limited, and the vast majority of artificial intelligence technologies are still freely exported after the measures have been implemented. For artificially intelligent technologies that are included in the restricted category, overseas localization is within the scope of technology export management; where the risks of deployment abroad are relatively manageable, such as the presence of a cloud, such as automatic licensing may be applied. The use of large models of limitations by enterprises to provide external access to API, AP / web-page interaction, SaaS applications, local side light quantitative deployments, etc., is not part of the export management of large model technologies。

Question: What are the main considerations for biomedicine technologies to be added

Response: Some biomedicine technologies already exist in the current Catalogue and it is proposed to add five technologies related to pathogen microorganisms, cell and gene therapy, and small nucleic acids, in particular:

The first is to safeguard the health and safety of human life. Directly related to human health and national biosafety, such as pathogen microbiological technology, the introduction of export bans in the Catalogue is an institutional arrangement for national security, the construction of a biosafety barrier and an objective need to protect the health of all mankind。

Secondly, we support the orderly international cooperation in biomedicine technology in our country. This time, biomedicine technology was regulated to exclude or apply facilitation measures in important cases of international cooperation. For example, export of technology-based platforms with autonomous intellectual property rights (IPRs), external licensing, outsourcing of R & D and production services using related technological processes, etc. are not regulated; and the application of facilities such as automatic licensing for export by means of an autonomous intellectual property rights (IPR)-related target detection and certification technology。

Third is the implementation of the community concept of human health. The policy clearly provides for the application of such facilitation measures as automatic licensing to restrict exports of technology, such as those required for public health emergencies, humanitarian relief and joint R & D using offshore resources. China will continue to share the benefits of technological development with all countries of the world, making a positive contribution to improving human health well-being。

Question: What are the main considerations for the proposed additional photovoltaic technology

Response: This time it is proposed to add to the Catalogue 12 photovoltaic technologies for the manufacture of polycrystal silicon, silicon tablets, batteries, etc., such as the following considerations:

The first is to safeguard national security and interests. In recent years, the application of photovoltaic technology in sensitive areas, such as space, defence, unmanned equipment and high-security-level infrastructure, has been expanding, and the potential national security risks posed by the export of photovoltaic technology have increased, requiring appropriate and timely regulation。

Second, support for green technology sharing. The range of controlled technologies is limited, and other technologies that do not meet regulatory targets are still freely exported. A small number of photovoltaic critical equipment is listed in the bulletin only for cases where the technology to meet control targets is carried. Other photovoltaic equipment not listed does not, in principle, apply the requirements of this bulletin。

Third is the improvement of technology export control regimes. The export of critical photovoltaic technologies is often accompanied by the export, installation, commissioning, improvement and upgrading of photovoltaic lines. Exporting operators are required to apply for a technical export licence and to issue certificates for foreign exchange, banking, taxation, customs, etc。

Question: What are the main considerations and specific requirements for the administration of pre-export registration for the technologies to be added

In order to obtain information on the demand for technology exports, to upgrade the level of scientific management and to protect against potential export risks, in accordance with the relevant provisions of articles 18 and 20 of the Law of the People ' s Republic of China on Foreign Trade, it has been approved from the date of publication of Circular No. 48 of 2026 of the Ministry of Commerce, the Ministry of Science and Technology, until the date of implementation of the Official Revision of China ' s Directory of Technologies for Export Bans, that technology export operators should register the application of technical trade management information for the unified platform of business systems of the Ministry of Commerce prior to the application of the technology listed in the Export Bulletin. Export operators should judge for themselves whether or not the technology to be exported falls under the temporary registration regime. Exports that have begun but have not yet been completed are within the scope of registration. Examples of export cases to be registered include: transfer of ownership of technology abroad, authorization of use outside the territory of the country, change of owner or actual control of the technology within the country to an offshore subject, and other cases where the Ministry of Commerce specifically requests registration. In particular, it should be noted that exports of photovoltaic critical and core equipment included in the scope of the Directory are subject to registration requirements. Enterprises encounter problems and difficulties in registering and can consult the Ministry of Commerce and Science and Technology in a timely manner。

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