China proposes new export controls on artificial intelligence, biopharma, and photovoltaic technologies
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On October 16, 2026, China’s Ministry of Commerce (MOFCOM) and Ministry of Science and Technology (MOST) released draft revisions to the Catalogue of Technologies Prohibited and Restricted from Export.1 The proposed revisions cover 40 technologies across artificial intelligence (AI), biopharma, and photovoltaics. They would classify 14 technologies as prohibited from export and subject 26 technologies to export restrictions.
Pending approval of the draft revisions, exports of the affected technologies are subject to interim registration requirements as of the date of the announcement. MOFCOM is leading a public consultation on the proposed scope, technical criteria, regulatory framework, and trade facilitation measures. Comments must be submitted by November 15, 2026.
MOFCOM has characterized the initiative as a targeted, dynamic update to China’s technology-export control framework, rather than a measure directed at any particular country.
ABOUT THE PROPOSED EXPORT CONTROLS
ARTIFICIAL INTELLIGENCE CONTROLS
The proposed AI-related controls cover large language models, AI agents, intelligent computing clusters, AI-chip design, information confrontation, and information-processing technologies. Technologies proposed to be prohibited from export include AI-enabled malware generation and mutation technologies, large models trained on China’s “core data,” and high-performance AI agents developed for highly sensitive applications.2
Other AI technologies would be subject to export licensing requirements. These include AI-assisted vulnerability discovery, core technologies for large models, advanced AI agents, AI-chip design technologies, and large-scale intelligent computing-cluster technologies.
The proposed controls would not affect technologies that have been publicly disclosed through open-source release or academic publication. The draft also indicates that certain activities, including construction of overseas data centers, overseas chip tape-out, cross-border joint research and development, and participation in international standard-setting activities, may qualify for automatic licensing or other facilitation measures.
For AI commercialization, MOFCOM’s interpretation draws a significant distinction between the overseas transfer of restricted technology and the provision of AI-enabled services. The overseas deployment of restricted large-model technology may fall within China’s technology export-control regime where the underlying restricted technology is transferred outside China.
By contrast, MOFCOM indicates that the provision of AI services through API access, mobile or web applications, SaaS offerings, or lightweight local edge deployment generally falls outside the scope of large-model technology export controls, provided that the restricted technology itself is not transferred from China to an overseas recipient.
BIOPHARMACEUTICAL CONTROLS
The proposed biopharmaceutical controls focus on proprietary platform technologies. Technologies proposed to be prohibited from export include China-owned process platforms for cell and gene therapies, process platforms for siRNA drugs, and specified genetic-modification and directed-passaging technologies involving pathogenic microorganisms.
The draft provides exemptions for certain activities in which ownership of the technology is retained, including outbound licensing and outsourced research, development, and manufacturing services. It also excludes technology used for the development, testing, manufacturing, quality control, launch, or regulatory compliance of a specific drug product in a business development transaction.
Restricted technologies subject to export licensing would include proprietary technologies for identifying and validating novel targets for cell and gene therapies and siRNA drugs. The draft further contemplates facilitation measures for public-health emergencies, humanitarian relief, joint research and development using overseas resources, and licensing arrangements.
PHOTOVOLTAIC CONTROLS
The proposed photovoltaic controls cover selected technologies used in polysilicon, wafer, and solar-cell manufacturing. Technologies proposed to be prohibited from export include high-capacity cold-hydrogenation and silane fluidized-bed processes for polysilicon production, wafer-preparation technologies for wafers measuring 70 microns or less, and specified edge-passivation, perovskite-cell, and tandem-cell module manufacturing technologies.
Other photovoltaic technologies would be subject to export licensing requirements. These include high-capacity polysilicon engineering technologies, monocrystalline silicon ingot-pulling technologies, large-format ultra-thin wafer-preparation technologies, and manufacturing technologies for high-efficiency TOPCon, XBC, and HJT solar cells.
The draft expressly extends the scope of photovoltaic technology controls to key and core equipment that incorporates or embodies covered technologies.
INTERIM REGISTRATION REQUIREMENT
From October 16, 2026 until the revised Catalogue formally enters into force, exporters must complete registration before exporting any technology listed in the draft. The registration obligation covers transfers of technology ownership, licenses permitting overseas use of China-based technology, transactions under which ownership or effective control of China-based technology passes to a foreign party, and other circumstances specified by MOFCOM. Technology exports that are underway but not yet completed fall within the registration requirement.
The registration submission must identify the technology exporter and recipient, the destination country or region, the technology proposed for export, its intended use, and the expected transaction value. A single registration may cover multiple technologies exported in one transaction to the same recipient. Other transactions generally must be registered separately.
POTENTIAL BUSINESS IMPACT
The proposal is likely to require enhanced export-control screening for China-linked technology transactions in the affected sectors. Companies should assess not only direct transfers of covered technologies, but also transfers of know-how, software and source code, equipment packages, technical services, offshore manufacturing support, research and development collaborations, licensing arrangements, and corporate transactions that may result in a change in ownership or effective control of China-based technology.
- AI companies should determine whether outbound deployments, model localization, model weights, checkpoints, model architectures, training-optimization tools, inference-acceleration tools, agent technologies, or computing-cluster know-how are developed in China and meet the proposed control thresholds.
- Biopharma companies should distinguish reusable platform technologies from product-specific development know-how when reviewing collaborations.
- Photovoltaic companies should assess whether equipment exports, production-line installation, commissioning, upgrades, or process-transfer support involve controlled manufacturing technologies or key equipment that incorporates covered technology.
The possible application of export controls to AI technologies has received considerable attention since early 2026. According to reports, MOFCOM and consulted leading AI companies when forming the proposed control measures. If the revised Catalogue takes effect, its practical implementation may offer an early indication of how China intends to balance export-control objectives, national-security considerations, and industrial-policy goals with continued support for the overseas expansion of domestic technology companies.
1 “Ministry of Commerce and Ministry of Science and Technology Announcement No. 48 of 2026 Solicited Opinions on the Revision of the ‘Catalogue of Technologies Prohibited and Restricted from Export in China’ and implemented temporary registration management for related technology exports,” Bureau of Security and Export Control, MOFCOM and MOST, October 16, 2026, and “A spokesperson for the Ministry of Commerce answered reporters’ questions regarding the revision of the ‘Catalogue of Technologies Prohibited and Restricted from Export in China," MOFCOM, October 16, 2026. Both links in Chinese.
2 Scope of Artificial Intelligence, Biomedicine and Photovoltaic Technologies Proposed for Inclusion in the Catalogue of Technologies Prohibited and Restricted from Export of China (Draft for Public Comments) (in .wps format in Chinese).
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