China’s Ministry of Commerce and Ministry of Science and Technology issued Announcement No. 48 on 16 October, proposing to revise the Catalogue of Technologies Prohibited or Restricted from Export and requiring exporters to register transfers of the listed technologies before export. The registration requirement took effect on publication, while the catalogue changes remain proposals, according to the announcement text published by Geopolitechs.
Key points
- The proposed revisions cover 40 technologies: 23 in AI, five in biomedicine and 12 in photovoltaics.
- Exporters must register transfers of technologies listed in the announcement before proceeding, including exports already begun but not completed.
- The public consultation runs from 16 October to 15 November 2026.
The proposed catalogue covers 23 AI technologies
The ministries propose adding technologies in three sectors to the catalogue. The 23 AI entries concern large AI models, AI agents, computing clusters and information processing. Five proposed biomedicine entries concern cell and gene therapies, small nucleic acid drugs and pathogenic microorganisms. Another 12 entries concern photovoltaic production, including polysilicon, silicon wafers and solar cells. Annex 1 contains the proposed technologies and explanations of the associated measures.
The proposal excludes technologies already in the public domain through open-source releases, academic publications or other means from the proposed controls. For biomedicine, the announcement provides for facilitation measures, including automatic licensing, for overseas licensing arrangements that do not transfer ownership. The proposed photovoltaic controls would also extend to key and core equipment incorporating the relevant technologies.
The distinction between a proposed catalogue entry and a current registration duty matters for an exporter considering a transaction now. The ministries have released the proposed restrictions for comment, but require registration for technologies listed in the announcement during the interim period. Registration applies until the revised catalogue is formally issued and takes effect.
MOFCOM requires registration before listed exports
Exporters must use the Technology Trade Management Information System on the Ministry of Commerce’s Unified Business Platform before proceeding with an export of technology listed in the announcement’s annexes. The requirement also covers an export that has begun but has not been completed. It is a duty attached to the transfer, rather than only to the signing of a new agreement.
The transactions covered include transfers of technology ownership to an overseas entity, including intellectual property rights, and licences allowing domestically held technology to be used overseas. Registration also applies where a change in ownership or actual control of domestically held technology makes an overseas entity its owner or actual controller. The Ministry of Commerce may explicitly require registration in other circumstances through notices or other official communications.
A registration principally calls for information about the exporter and recipient, the destination country or region, the technology and its intended use, and the estimated value of the export. Annex 2 sets out the information requirements through the ministry’s system. Multiple technologies going to the same recipient in one transaction may be registered together. In other circumstances, separate submissions should generally be made.
The measure concerns transfers of technology abroad, a different point of control from restrictions on the sale of hardware. American Compass argued on 15 October that Congress should strengthen United States controls on advanced AI chips, including through location verification and closer alignment with partner countries’ rules. AI Affairs has also reported Taiwan’s plan for criminal penalties for unauthorised AI chip exports to China.
The catalogue consultation closes on 15 November
The ministries are inviting comments on the proposed technologies, technical thresholds, control measures and facilitation arrangements. Submissions may be sent by email, fax or post to the Ministry of Commerce. The announcement asks contributors to identify a contact person, their organisation and contact details. An organisation submitting comments must affix its official seal.
The Ministry of Commerce and the Ministry of Science and Technology will receive public comments through 15 November 2026. Contributors are asked to mark their email subject line, fax cover page or envelope “Public Consultation on the Catalogue of Technologies Prohibited or Restricted from Export”.
