17.10.2026 Regulation #China #Export #Bans

China proposes export controls on 40 AI, biomedical and PV technologies

China's Ministry of Commerce and Ministry of Science and Technology published Announcement No. 48 on 16 October 2026. It opens public consultation on adding 40 technologies in AI, biomedicine and photovoltaics to the Catalogue of Technologies Prohibited or Restricted from Export (中国禁止出口限制出口技术目录) and at the same time introduces temporary registration before export.

What the expanded catalogue would cover

According to Announcement No. 48, the 40 technologies break down as follows:

AI: 23 technologies — large models, agents, computing clusters and information processing. Technologies already public through open source or academic publications fall outside the controls.
Biomedicine: 5 technologies — cell and gene therapy, small nucleic acid drugs and pathogenic microorganisms.
Photovoltaics: 12 technologies — production of polysilicon, wafers and cells, plus key equipment that embodies such a technology.

An official Ministry of Commerce spokesperson said that 14 technologies are proposed for prohibition and 26 for restriction. The prohibited group includes AI-driven generation and mutation of malicious code, proprietary cell and gene therapy platforms and production of perovskite and tandem solar modules; the restricted group includes AI-based vulnerability discovery and the discovery of new cell and gene therapy targets. The ministry notes that the catalogue has been revised regularly since 2001.

What counts as a technology export

For AI, the spokesperson drew a line between cases: deploying a restricted model locally abroad is an export of technology, while providing API access, web or app versions and SaaS, or lightweight on-device deployment, is not. Open-sourcing, Chinese companies' overseas data centres, overseas chip tape-out, joint R&D and international standards work qualify for automatic licensing ("即报即出").

In photovoltaics, equipment is caught only as a carrier of a technology that meets the control parameters; other equipment is not covered. As such exports usually accompany the supply, installation, commissioning and upgrade of production lines, the spokesperson said, the exporter must obtain a technology export licence and present it in foreign exchange, banking, tax and customs procedures.

Registration until the catalogue takes effect

From the date of publication until the revised catalogue enters into force, exporters of the technologies listed in the annex must register in the technology trade management application on the Ministry of Commerce's unified platform (ecomp.mofcom.gov.cn). Registration is required in these cases:

transfer of ownership of a technology abroad, for example an assignment of IP rights;
licensing a technology for use abroad;
a change of the technology's owner or actual controller to a foreign party;
other cases the Ministry of Commerce specifies in a notice.

Operations that have started but are not yet completed must also be registered. The application states the parties, the destination, the technology, its purpose and the expected export value.

Consultation open until 15 November

Comments on the draft are accepted from 16 October to 15 November 2026. They can be sent by e-mail to jinxianmulu@mofcom.gov.cn, by fax or by post. No date is given for the final catalogue to take effect.

Primary sources

This material is for information only and does not constitute legal advice or customs consulting. Verify changes against the primary sources before acting.