The Ministry of Commerce and the Ministry of Science and Technology plan to add 40 key technologies to the export control catalog, with 23 in the AI field

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40 key technologies are proposed for inclusion, 14 are proposed to be prohibited from export, 26 are proposed to be restricted from export, and temporary registration is launched simultaneously. Recently, the Ministry of Commerce and the Ministry of Science and Technology issued Announcement No. 48 of 2026, soliciting public comments on the revision of the Catalogue of Technologies Prohibited or Restricted from Export of China (hereinafter referred to as the Catalogue), and implementing temporary management measures requiring pre-export registration for the relevant technologies.

This adjustment and revision of the Catalogue marks the first time that the three frontier fields of artificial intelligence, biomedicine, and photovoltaics have been systematically incorporated into the technology export control framework. A spokesperson for the Ministry of Commerce, in response to reporters' questions, stated that in recent years, the application of AI, biomedicine, and photovoltaics-related technologies in sensitive fields has continued to expand, and major economies have all implemented export controls to varying degrees. China, with reference to common international practice, implements necessary management in accordance with the law, which not only prevents the risks of technology loss of control and improper proliferation, but also safeguards normal international technological exchange and cooperation, and promotes science and technology that is upward and good, safe and controllable, and beneficial to humanity.

40 key technologies proposed for inclusion

According to the announcement, this public consultation covers 40 key technologies proposed for addition in the three fields of 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 production technology for perovskite and tandem cell modules; 26 technologies are proposed to be restricted from export, including AI-assisted vulnerability mining technology, discovery and validation technology for entirely new targets of universal cell and gene therapy with independent intellectual property rights, and polysilicon engineering technology with single-line capacity of ≥30,000 tons/year.

In the field of artificial intelligence, 23 technologies are proposed for addition, covering four major segments: AI large models, intelligent agents, computing power clusters, and information processing. The spokesperson for the Ministry of Commerce pointed out that the AI self-driven malicious code generation and mutation technology, among others, proposed for control this time, can be used to attack sensitive systems such as national critical information infrastructure, national defense and military industry, and core government affairs, or to bypass national security defense systems. If acquired by non-state actors or malicious entities, it may cause harm to national security and the common security of humanity.

It is worth noting that this control listing presents a clear logic of "controlling platforms, not products." Wu Yu, a partner at JunHe Law Firm, analyzed to a reporter from China Business Journal that the biomedicine field is limited to the technical fields of CGT, siRNA, and pathogenic microorganisms, with the management focus on underlying technology process platforms that are universal and reusable, rather than technology exports at the level of specific drug pipelines or products; at the same time, it excludes or applies facilitation measures to situations of international cooperation, which is conducive to supporting China's biomedicine technology in carrying out international cooperation in an orderly manner in accordance with laws and regulations.

Zhang Xin, vice dean and professor of the Law School of the University of International Business and Economics, believes that this revision implements systematic, refined, and differentiated control over artificial intelligence technology, clarifies quantitative indicators, divides control categories, and provides supporting facilitation mechanisms, building a complete governance system of "strictly controlling risks for prohibited categories, regulating flows for restricted categories, and encouraging cooperation for open categories."

Behind the change in listing logic is an overall upgrade in the approach to compliance review. "For a long time, although the Catalogue has set control points, it has been relatively general overall, and when dealing with the complex scenarios of the above-mentioned frontier and sensitive fields, its operability and precision have been insufficient," wrote Liu Xinyu, the responsible partner of the cross-border regulatory team at King & Wood Mallesons, in an article. He pointed out that a core orientation of this revision is to formulate more detailed control indicators for key fields and clearly define compliance boundaries, marking a shift in the compliance review logic of technology export operators from "extensive" name comparison to "refined" parameter verification and scenario assessment.

This shift is particularly evident in AI "going global" scenarios. The spokesperson for the Ministry of Commerce made clear that the core of determining whether a specific "going global" situation falls within the scope of technology export management lies in whether it involves the transfer of restricted technologies from within China to abroad. For AI technologies included in the restricted category, carrying out overseas localized deployment falls within the scope of technology export management; if deployed in relatively controllable-risk situations such as overseas self-owned clouds, facilitation measures such as automatic licensing may apply. For situations in which enterprises use restricted large models to provide API calls, APP/webpage interaction, SaaS applications, local on-device lightweight deployment, etc., to the outside, they do not fall within the scope of large-model technology export management.

From "selling technology" to "selling products and services"

While strengthening control, this revision also pays attention to balancing industrial interests and normal international trade needs. The announcement makes clear that for technology exports in situations such as open-sourcing AI technologies, Chinese enterprises building and operating their own computing power centers overseas, going abroad to carry out chip tape-out manufacturing, using overseas resources for joint research and development, and participating in the formulation of international standards, facilitation measures such as automatic licensing apply, basically achieving "report and export immediately"; for relevant technologies that have entered the public domain through open source, publication of academic papers, and other means, it is proposed not to include them in the scope of export management.

At the same time, from the date of publication of the announcement to the date of implementation of the official revision announcement of the Catalogue, technology export operators shall, before exporting the technologies listed in the announcement, register in the Technology Trade Management Information Application on the unified platform of the Ministry of Commerce business system. Export situations requiring registration include transferring technology ownership to abroad, authorizing the use of domestic technology abroad, and changing the owner or actual controller of domestic technology to an overseas entity. For exports of key and core photovoltaic equipment included in the scope of Catalogue management, registration is required in accordance with regulations.

Several experts interviewed believe that the deeper impact of this revision lies in driving a transformation of the corporate overseas expansion model. Bai Wenxi, vice chairman of the China Enterprise Capital Alliance and chief economist for China, analyzed that the draft for comments governs "cross-border transfer of restricted technologies," not a total block on going global. "The underlying logic is to prevent the disorderly outflow of core processes and model capabilities and to protect normal international exchanges; the listing comes with specific indicators, and the products themselves are not included in the catalogue."

"In the long run, it forces transformation, not blocks overseas expansion." Bai Wenxi pointed out that companies will shift from "selling technology, selling source code, selling process packages" to selling products, selling equipment, selling operations and maintenance services, and selling authorized use. The original photovoltaic company approach of "selling complete lines + processes" must be split into equipment exports + technical services; innovative drug License-out through automatic licensing facilitation is instead smoother; the SaaS/API path of AI companies is naturally compliant. The moat will change from "I can do it" to "I can deliver within compliance boundaries."

Zhang Xinyuan, head of Kefangde Consulting, told the reporter that the three most urgent compliance actions at present are: conduct a classified self-inspection of existing and planned overseas technologies item by item against the catalogue, clarifying the boundaries of the three categories—prohibited, restricted, and free; re-sort contracts, delivery methods, and deployment architecture, and for any overseas localized deployment involving restricted technologies, apply for a license before signing; establish an internal export compliance process, clarifying who judges, who submits for approval, and record-keeping management.

In Zhang Xinyuan's view, companies should adjust their strategies: what can be served remotely should not be deployed locally; what can be sold as products should not be sold as processes; what can be jointly developed should not involve transferring platforms; and they should focus their overseas expansion on product exports, service exports, and localized cooperation, while laying out license applications and compliance teams in advance, turning compliance costs into competitive thresholds.

Wu Yu reminded that whether the officially revised Catalogue can be further refined in terms of management boundaries, facilitation measures, and practical guidance, and how the Ministry of Commerce and the Ministry of Science and Technology will dynamically adjust the catalogue according to technological development, achieving "entry and exit, regulation and liberalization," deserve sustained attention from industry and legal practice circles.

(Source: China Business Journal) Mid-article embedded advertisement