IT之家 News on October 16: Today, the Ministry of Commerce and the Ministry of Science and Technology issued Announcement No. 48 of 2026, publicly soliciting opinions on the revision of the Catalogue of Technologies Prohibited or Restricted from Export in China (hereinafter referred to as the Catalogue), and implementing temporary management measures requiring export registration for relevant technologies. A few days ago, a spokesperson for the Ministry of Commerce answered reporters' questions on related issues. ITHome has compiled the original text from the Ministry of Commerce as follows:
Q: What is the background of the revision of the Catalogue?
Answer: According to Article 20 of the Foreign Trade Law of the People's Republic of China, the competent foreign trade department of the State Council, together with other relevant departments of the State Council, formulates, adjusts and publishes the catalog of technologies prohibited or restricted from export. Since 2001, the Ministry of Commerce, together with the Ministry of Science and Technology, has repeatedly adjusted and revised the Catalog, with items both added and removed, some managed and some relaxed, and this has become an established practice. This revision is likewise routine work in technology trade management, carried out in accordance with laws and regulations, and does not target any specific country, region or entity.
In recent years, the application of artificial intelligence, biopharmaceutical, and photovoltaic-related technologies in sensitive fields has continued to expand, and all major economies have implemented varying degrees of export controls. With reference to internationally accepted practices, China has lawfully implemented necessary management measures, which both guard against the risks of technology losing control and improper proliferation and safeguard normal international technology exchange and cooperation, promoting the development of science and technology that is beneficial, safe, controllable, and beneficial to humanity.
Q: What is the scope of the technologies proposed to be added to the Catalog?
Answer: This public consultation concerns 40 key technologies proposed to be added in three fields: artificial intelligence, biomedicine, and photovoltaics. Among them, 14 technologies are proposed to be prohibited from export, including: AI-driven malicious code generation and mutation technology, cell and gene therapy technology process platforms with independent intellectual property rights, and perovskite and tandem cell module production technology; 26 technologies are proposed to be restricted from export, including: AI-assisted vulnerability mining technology, general-purpose cell and gene therapy novel target discovery and validation technology with independent intellectual property rights, and polysilicon engineering technology with a single-line production capacity of ≥30,000 tons/year. The announcement also clarifies situations where facilitation measures apply. For details, please refer to the original text of the announcement.
Q: Does the revision of the Catalog fully take into account the state of industry development?
A: The Chinese government has consistently supported enterprises in conducting mutually beneficial transnational operations and international technological cooperation in accordance with laws and regulations, and its relevant policy stance has not changed. Regarding the scope of technologies and policies on which public comment is being solicited, the Ministry of Commerce and the Ministry of Science and Technology, together with the competent industry authorities, had beforehand extensively organized research institutions and industry organizations to conduct in-depth assessments, and fully solicited the opinions and suggestions of major enterprises, giving full consideration to the current state of domestic and foreign industries and their development needs. This is reflected in three aspects: First, the scope of control is precise and limited. Most of the technologies proposed for control this time have clearly defined specific technical indicators, and products manufactured using the relevant technologies are not within the scope of management. The scope of management is clear, precise, and limited, delineating a compliance boundary for enterprises and facilitating policy implementation. Second, facilitation measures are applicable. This round of control clarifies various export scenarios to which facilitation measures are proposed to apply, reflecting the concept of tiered and classified management, helping to enhance the transparency and predictability of the policy, and ensuring that technology exports are safe, standardized, and orderly. Third, dynamic adjustments will be implemented. The Ministry of Commerce and the Ministry of Science and Technology will, in accordance with the law, dynamically adjust the scope of management of the Catalog, and based on technological developments, promptly remove non-advanced or outdated technologies from the Catalog. This solicitation of comments is a work arrangement for hearing opinions and suggestions from all parties on a broader scale.
Q: What are the main considerations regarding the AI technology proposed to be added to the list?
Answer: At present, global AI technology innovation has entered an unprecedented period of activity, with opportunities and challenges coexisting. The plan to add 23 key technologies related to large AI models, intelligent agents, computing power clusters, and information processing to the Catalog is mainly based on the following considerations:
First, ensuring that artificial intelligence technology is safe and controllable. The various inherent and derivative risks posed by artificial intelligence have drawn close attention from countries around the world. The technologies proposed for control this time, such as AI autonomously driven malicious code generation and mutation technology, could be used to attack sensitive systems such as national critical information infrastructure, defense and military industry, and core government affairs, or to bypass national security defense systems. If obtained by non-state actors or malicious entities, they could harm national security and the common security of humanity. The Chinese government's implementation of necessary management over such technologies aims to build a solid security bottom line, prevent misuse and abuse, ensure that artificial intelligence always remains under human control, and advance international governance of artificial intelligence.
Second is to encourage open source, openness, cooperation and sharing. The Chinese government is committed to making artificial intelligence an important source of driving force for promoting common prosperity and safeguarding common security. To support the building of an open-source innovation ecosystem for artificial intelligence, for technology exports in situations such as the open-sourcing of artificial intelligence technologies, Chinese enterprises building and operating their own computing power centers abroad, carrying out chip tape-out manufacturing abroad, conducting joint research and development using overseas resources, and participating in international standard-setting, facilitation measures such as automatic licensing apply, basically achieving "export immediately upon filing"; for relevant technologies that have already entered the public domain through open-sourcing, publication of academic papers, and other means, it is proposed that they not be included in the scope of export control, so as to create a favorable environment for international exchange and cooperation in artificial intelligence technology.
It must be particularly pointed out that China advocates conducting AI dialogue and cooperation with all countries on the basis of mutual respect, equality and mutual benefit, to jointly address the risks of AI technology proliferation and loss of control. China supports Global South countries in strengthening AI capacity building, bridging the digital and intelligence divide, and promoting sustainable development. It will provide greater facilitation and support for technology exports needed for international cooperation on capacity building, technology sharing and rule-making among members of the World AI Cooperation Organization.
Q: After the Catalogue officially takes effect, do various forms of "going overseas" by large AI models, such as localized deployment abroad and providing model invocation services to overseas parties, fall within the scope of technology export management?
A: Currently, AI large models and application products go global ("export") through a variety of modes. The key to determining whether a specific overseas expansion scenario falls within the scope of technology export management lies in whether it involves the transfer of restricted technologies from within China to abroad.
The scope of AI technologies brought under regulation this time is precise and limited; after the relevant measures officially take effect, the vast majority of AI technologies can still be freely exported. For AI technologies included in the restricted category, carrying out overseas localized deployment falls within the scope of technology export management; if deployment occurs in relatively controllable risk scenarios, such as the company's own overseas cloud, convenient measures such as automatic licensing may apply. Where enterprises use restricted large models to provide API calls, app/web interactions, SaaS applications, lightweight local on-device deployment, and similar services, these do not fall within the scope of large model technology export management.
Q: What are the main considerations for the proposed addition of biopharmaceutical technology?
Answer: The current Catalogue already contains some biopharmaceutical technologies. This proposed addition of 5 technologies related to pathogenic microorganisms, cell and gene therapy, and small nucleic acid drugs is mainly based on the following considerations:
First, safeguarding human life and health. Technologies involving pathogenic microorganisms have a direct bearing on human health and national biosecurity; including them in the Catalogue for a prohibited export is an institutional arrangement to safeguard national security and build a biosecurity barrier, and also an objective necessity for protecting the health of all humanity.
Second, it supports China's biopharmaceutical technologies in carrying out international cooperation in an orderly manner in accordance with laws and regulations. The control of these biopharmaceutical technologies this time provides exclusions or applies facilitation measures for important scenarios of international cooperation. For example, for related technology and process platforms with independent intellectual property rights, export scenarios such as foreign licensing, and using related technologies and processes to provide outsourced R&D and production services are not included in the scope of control; for related target discovery and validation technologies with independent intellectual property rights, exports in the form of foreign licensing are subject to facilitation measures such as automatic licensing.
Third is practicing the concept of a global community of health for all. This policy clearly stipulates that for restricted export technologies, exports needed for public health emergencies, humanitarian relief, joint research and development using overseas resources, and other purposes shall be subject to facilitation measures such as automatic licensing. China will continue to share the fruits of technological development with countries around the world and make positive contributions to advancing the health and well-being of humanity.
Q: For the proposed addition of photovoltaic technology, what are the main considerations?
Answer: The plan to add 12 photovoltaic technologies—including polysilicon manufacturing, wafer manufacturing, and cell manufacturing—to the Catalog is based on the following main considerations:
First, safeguarding national security and interests. In recent years, the application of photovoltaic technology in sensitive fields such as aerospace, national defense, unmanned equipment, and high-security infrastructure has continued to expand, and the national security risks that may arise from the export of photovoltaic technology have kept rising, making it necessary to implement regulation in a timely and appropriate manner.
Second, it supports green technology sharing. The scope of technologies under control this time is limited; other technologies that do not meet the control thresholds can still be exported freely. The announcement lists a small number of key photovoltaic equipment, targeting only the cases where such equipment carries technologies that meet the control thresholds. Other photovoltaic equipment not listed will, in principle, not be subject to the requirements of this announcement.
Third, improving the technology export regulatory system. The export of key photovoltaic technologies often occurs together with the export, installation, commissioning, improvement and upgrading of photovoltaic production lines. Export operators engaging in the above activities shall apply for a technology export license as required, and handle foreign exchange, banking, taxation, customs and other related procedures with the license.
Q: What are the main considerations and specific requirements for implementing pre-export registration management for the technologies proposed to be added to the list?
A: In order to understand the demand situation for technology exports, enhance scientific management, and guard against potential export risks, in accordance with the relevant provisions of Articles 18 and 20 of the Foreign Trade Law of the People's Republic of China, and with approval, from the date of issuance of Announcement No. 48 of 2026 by the Ministry of Commerce and the Ministry of Science and Technology until the date on which the officially revised announcement of the Catalogue of Technologies Prohibited or Restricted from Export in China takes effect, technology export operators shall, before exporting the technologies listed in the announcement, register on the Technology Trade Management Information Application of the Ministry of Commerce's Unified Business System Platform. Export operators shall determine on their own whether the technologies proposed for export fall within the scope of the provisional registration management. Exports that have already begun but are not yet completed fall within the registration scope. Export circumstances requiring registration include: transferring technology ownership abroad, licensing domestic technology for use abroad, changes in the ownership or actual controller of domestic technology to foreign entities, and other circumstances explicitly requiring registration by the Ministry of Commerce. It should be particularly noted that the export of key and core photovoltaic equipment within the scope of the Catalogue management must all be registered in accordance with the regulations. Enterprises encountering problems and difficulties in registration may consult the Ministry of Commerce and the Ministry of Science and Technology in a timely manner.
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