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China's First Frontier AI Export Controls: Mofcom Announcement No. 48
China’s Ministry of Commerce and Ministry of Science and Technology issued Announcement No. 48 on October 16, 2026, proposing export controls on 40 technologies, including 23 AI technologies. The draft catalogue is open for comment until November 15, while an interim requirement to register covered technology exports before shipment took effect immediately, including for exports already underway. Prohibited technologies cannot be exported, while restricted technologies require licenses. The proposed controls cover frontier-model weights, checkpoints, source code, architectures, training and inference optimization know-how, advanced agents, AI cyber tools, chips and compute clusters. Model technology would be restricted if it meets any one of three tests: training compute of at least 10^26 FLOPs, at least 2 trillion parameters, or a top-10 global position in public evaluations, call volume, or comparable measures at export time. High-performance agents designed mainly for critical infrastructure, defense, or core government use would be prohibited. MOFCOM says API access, websites, SaaS and lightweight on-device use are not large-model exports, but local deployment of a restricted model outside China is within export management. Registration can also be triggered by overseas licensing and ownership or control changes involving foreign entities. Technologies already made public through open-source releases or academic publications are excluded, while newly open-sourced restricted technologies may receive automatic licensing after reporting.
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