China has proposed adding 40 technology entries related to artificial intelligence (“AI”), biopharmaceuticals and photovoltaics to its Catalogue of Technologies Prohibited or Restricted from Export by China. Companies acquiring, licensing or receiving relevant technology from China should assess their transactions now. A temporary pre-export registration requirement already applies, before the revised Catalogue will take effect.
On 16 October 2026, the Ministry of Commerce (“MOFCOM”) and the Ministry of Science and Technology (“MOST”) jointly issued Announcement No. 48 of 2026 (the “Announcement”), seeking public comments on proposed amendments to the Catalogue of Technologies Prohibited or Restricted from Export by China(the “Revised Catalogue”). The deadline for stakeholders to submit comments is 15 November 2026.
In summary, the Revised Catalogue would provide for:
- Proposed changes: 23 AI entries, 5 biopharmaceutical entries and 12 photovoltaic entries would expand the existing prohibition and licensing framework.
- Immediate requirement: Temporary pre-export registration applies to technologies proposed for inclusion into the Revised Catalogue, until the Revised Catalogue will take effect.
- Relevance: Coverage depends on the technology, technical thresholds and substance of related transactions, not sector exposure alone. Specified exclusions and licensing facilitation require separate assessment.
Proposed Changes to the Catalogue
Background
The Revised Catalogue would expand the existing framework, not create a new regime. China’s current technology export control framework is primarily governed by the PRC Foreign Trade Law, the Regulations on the Administration of Technology Import and Export and the Administrative Measures for Technologies Subject to Export Prohibition or Restriction. Within this framework, the Catalogue identifies the technologies subject to export prohibitions or restrictions. It was first issued by MOFCOM and MOST in 2001 and subsequently amended in 2008, 2020 and 2023.
The legal consequences of inclusion in the Catalogue depend on the category under which a technology is listed. Under Article 2 of the Administrative Measures for Technologies Subject to Export Prohibition or Restriction, technologies listed as prohibited may not be exported at all. Article 3, by contrast, requires an export license for technologies listed as restricted.
Against this background, the proposed amendments in the Revised Catalogue would expand the scope of technologies subject to export prohibitions or licensing requirements within the existing framework.
Additions to the Revised Catalogue
According to the Announcement, a total of 40 technologies would be newly added into the Catalogue across 3 sectors.
- AI
The 23 proposed AI entries cover AI foundation models, AI agents, AI chip design, computing clusters and infrastructure, and information processing. Certain high-performance information detection, information countermeasure, AI foundation model and AI agent technologies would be listed as prohibited from export in the Revised Catalogue.
The authorities propose to exclude relevant technologies already in the public domain through open-source releases, academic publications or similar channels from the scope of the Revised Catalogue. According to a MOFCOM spokesperson, AI foundation models and AI applications are offered overseas through a variety of business models. The key consideration in determining whether a particular arrangement shall fall within the scope of technology export controls is whether it involves the transfer of restricted technologies from China to an overseas recipient. MOFCOM has indicated that the proposed controls are narrowly targeted and that the vast majority of AI technologies would remain freely exportable after the Revised Catalogue takes effect.
For foreign companies using Chinese foundation models, the central question appears to be whether they receive access to a service or the underlying controlled technology itself. MOFCOM’s explanation distinguishes overseas deployment involving transfers of restricted foundation model technology from API access, app or web-based interaction, SaaS applications and lightweight deployment on end devices outside China. It describes the latter models as outside the scope of controls on foundation model technology exports. Companies should assess what is actually transferred, rather than relying solely on the contractual label. For certain technologies, facilitation measures such as automatic licensing may also be available. The applicability of any facilitation measures and any exemption based on the technology being in the public domain should be assessed separately.
- Biopharmaceutical Technologies
The proposed amendments cover 5 entries in the biopharmaceutical sector. Original cell and gene therapy technologies and original small interfering RNA drug technologies would each have 2 entries: one under the prohibited export category and the other under the restricted export category. The fifth entry covers pathogenic microorganism technologies, which would be prohibited from export. Classification therefore requires an assessment of the scope of the relevant entry, rather than reliance on the name of the technology category alone.
The proposed treatment varies according to the technology and the form of cooperation. According to MOFCOM’s explanation, overseas licensing of specified proprietary technology and process platforms, and the provision of outsourced R&D and manufacturing services using those technologies and processes, would be excluded from the controls. Overseas licensing of specified target discovery and validation technologies would qualify for facilitation measures, including automatic licensing. Exports of restricted technologies to address public health emergencies, provide humanitarian assistance or conduct joint R&D using overseas resources would also benefit from facilitation measures, including automatic licensing.
The exclusions may preserve important channels for international cooperation, but automatic licensing is still subject to licensing formalities. Companies should map the technology, rights and activities involved to the applicable entry and treatment; an exclusion and a facilitated license are not the same.
- Photovoltaic Technologies
The 12 photovoltaic entries include polysilicon production and silicon wafer fabrication technologies, primarily within the non-metallic mineral products and electrical machinery and equipment manufacturing categories.
According to MOFCOM’s explanation, the proposed controls would also cover specified key equipment incorporating technologies that meet relevant control thresholds. Unlisted equipment would, in principle, fall outside the Announcement’s requirements. The practical reach of the controls may therefore extend beyond standalone technology transfers, but would not cover all photovoltaic equipment supplies.
Equipment purchasers and project developers should assess both the equipment and associated technology transfers. Installation, commissioning, modification and upgrades may involve controlled technology requiring a license, even when provided under a broader equipment supply contract.
Temporary Registration Requirement
Already applicable now, the Announcement provides for a temporary pre-export registration requirement for technologies proposed to be added into the Revised Catalogue. This pre-export registration requirement currently applies from the date of the Announcement until the Revised Catalogue will finally enter into effect. Such temporary pre-export registration requirements must be distinguished from export prohibitions or licensing requirements that would apply under the final Revised Catalogue.
The temporary pre-export registration requirement may arise under several circumstances, including:
- Transfers of technology ownership to overseas parties (such as IP assignments);
- Licensing of technologies for overseas use;
- Changes in ownership or actual control resulting in a foreign entity becoming the owner or actual controller of the technology; and
- Other situations specifically designated by MOFCOM.
According to the wording of the Announcement, we understand that this temporary registration requirement applies to technology exporters located in China. Such registrations should be completed through the Technology Trade Management application on MOFCOM’s Unified Business System Platform (https://ecomp.mofcom.gov.cn). The information to be submitted for registration includes, among others, basic particulars of the technology exporter and the technology recipient, the destination country or region, details of the technology proposed for export and its intended use, and the estimated value of the technology export.
Conclusion
In our view, the proposed amendments should not be understood as a general restriction on foreign companies’ access to Chinese AI, biopharmaceutical or photovoltaic technologies.
MOFCOM’s explanation indicates a targeted approach, with exclusions and facilitation measures for specified forms of international cooperation. For foreign importers and other overseas technology recipients, the key issue is therefore whether the particular technology and transaction falls within a controlled entry, rather than whether their Chinese counterparty operates in an affected sector. That assessment should take into account the technical thresholds, the substance of the proposed transfer and any applicable exclusions or licensing facilitation. The final wording of the Revised Catalogue when it enters into effect will be decisive in determining the precise scope of the controls.
Accordingly, we suggest that foreign importers and other overseas recipients cooperate with their Chinese counterparties to prioritize the following:
- Scope of relevant transactions: Identify planned transfers, licenses, AI deployments and equipment arrangements involving the proposed entries. Also acquisitions and restructurings where technology ownership or actual control will be transferred should be assessed.
- Assess temporary pre-export registration requirements: Confirm whether temporary pre-export registration is required and which Chinese entity will complete it before the relevant export.
- Distinguish between current and future requirements: Temporary pre-export registration, as may already be now required, should be distinguished from any export prohibition or licensing requirement which may be required later under the final Revised Catalogue. A temporary pre-export registration which may currently be required is not a substitute for a license if later required under the final Revised Catalogue.
- Review thresholds and differentiated treatment: Examine the technical scope, rights and know-how actually transferred, and any applicable exclusion or licensing facilitation. A contractual label alone does not determine coverage.
The Revised Catalogue is currently still a draft for public comments, and there may be further changes in the final version. However, the temporary pre-export registration requirements already apply now for the time being. Therefore, foreign importers and other overseas recipients should already now assess and confirm with their Chinese counterparties whether temporary pre-export registration is required. Once enacted, companies should assess in detail the final Revised Catalogue and assess whether an export prohibition, licensing requirement or facilitation measure will apply. It should also further be monitored whether there will be any additional implementation measures or other guidance in relation to the final Revised Catalogue.
