On October 16, 2026, China’s Ministry of Commerce (MOFCOM) and Ministry of Science and Technology (MOST) proposed 40 additions to the Catalog of Technologies Prohibited and Restricted from Export, including 23 related to artificial intelligence. The notice also began interim pre-export registration for covered technologies. Its public comment period runs through November 15, 2026.
The proposed AI categories include large models, intelligent agents, computing clusters and information processing. Across all 40 proposed additions, MOFCOM says 14 would be prohibited and 26 restricted; those figures are not an AI-only breakdown. The official notice sets out the proposal and registration process.
Remote AI access and overseas deployment get different treatment
MOFCOM’s spokesperson says API calls, app or web access, SaaS, and lightweight on-device use do not count as exports of large-model technology under the proposed management framework. Overseas local deployment of restricted AI technology falls within export-control management. Deployment on a company’s own overseas cloud may qualify for facilitated automatic licensing, according to the ministry’s Q&A.
| Access or deployment route | Treatment described by MOFCOM | Qualification |
| API, app or web access; SaaS; lightweight on-device use | Outside large-model technology-export management | Applies to the access routes described in the ministry’s Q&A |
| Local deployment of restricted AI technology overseas | Within export-control management | A company’s own overseas-cloud deployment may qualify for facilitated automatic licensing |
The distinction is whether restricted technology itself is transferred abroad for local deployment, rather than accessed through a service. The licensing facilitation described for own-cloud deployment is a possible route, not an unconditional exemption.
What interim registration covers
MOFCOM’s notice requires registration before covered exports of listed technologies. The interim process began with the October 16 notice and runs until the revised catalog is formally issued and implemented. The notice names:
- Transfers of technology ownership overseas.
- Licenses allowing technology to be used overseas.
- Changes that make a foreign entity the owner or actual controller.
- Other cases designated by MOFCOM.
- Exports already underway but not yet completed.
This registration requirement is part of the interim process for the technologies listed in the notice.
How the proposal treats open-source technology
Relevant technology already in the public domain through an open-source release or academic publication is proposed to fall outside the management scope. For new AI open-sourcing, MOFCOM describes facilitation such as automatic licensing. That treatment is distinct from the proposed exclusion for technology already made public.
