Can China's open-source models still be used by people outside China?
The Ministry of Commerce and the Ministry of Science and Technology have issued Joint Announcement No. 48, which proposes adding 40 technologies in three major fields — artificial intelligence, biomedicine, and photovoltaics — to the Catalogue of Technologies Prohibited and Restricted from Export of China, and immediately implementing temporary registration management for the export of related technologies before the catalogue officially takes effect.
Revised content (40 items)
· 23 AI items: large models, agents, computing clusters, and information processing related technologies;
· 5 biomedicine items: cell and gene therapy, small nucleic acid drugs, and pathogenic microorganism related technologies;
· 12 photovoltaic items: polysilicon manufacturing, silicon wafer manufacturing, and cell manufacturing related technologies, with the scope of control including the key and core equipment that carries these technologies.
Six key designs
· Registration first, closing the rush window: temporary registration takes effect during the public consultation period; exports must report the recipient, purpose, and amount. In essence, it is information gathering plus expectation management.
· AI open-source exemption: technologies already made public are not covered; only non-public model capabilities and core training elements are controlled. Open-source ecosystems and academic exchange are not affected.
· Biomedicine "selling technology is fine, but outright sales must be controlled": licensing-out enters an automatic licensing convenience channel, while ownership transfers and changes of control face checkpoints.
· Photovoltaics "technology plus equipment" package controls: this goes beyond the traditional scope of technology export, and is the 2023 shelved silicon wafer restriction draft returning in a more complete form.
· Equity channel = export: a change of actual controller to a foreign entity triggers registration; mergers and acquisitions and red-chip restructurings are treated as technology exports.
· No exemption for existing stock: transactions in progress must also register, with no grandfather clause.
Returning to the question we started with: can China's open-source models still be used by people outside China?
The exemption standard is "already entered the public domain through open-sourcing, academic publication, or similar means", so:
· Overseas delivery before open-sourcing (authorizing foreign use, outright sales, delivering model weights to foreign entities): this is non-public technology within the catalogue scope. During the transition period it must be registered first, and after the formal catalogue takes effect it is managed according to the "prohibited/restricted" column. "I will open-source it later" does not constitute grounds for exemption.
· Truly open-sourcing first, then commercial overseas delivery: once technology enters the public domain, it is exempt. This effectively forms a compliance path: "publish first, export later". For enterprises, the announcement objectively creates an incentive: release models intended for open-sourcing before the formal catalogue takes effect. The window runs from now until the catalogue's effective date.
· The gray zone of partial open-sourcing: only the weights are released, while training methods, data engineering, reinforcement learning procedures, and other know-how remain undisclosed. The disclosed parts are exempt; the undisclosed parts remain under control. The exemption follows "what was actually disclosed", not the "open-source" label.
What about agent services like Manus and Lovart?
In principle they are not affected, but it depends on the deployment structure. The key distinction is between "providing technical services" and "technology transfer". The common feature of the four registration triggers — "ownership transfer, authorized foreign use, and change of control to a foreign entity" — is that the technology itself crosses borders.
However, three structures would cross the line:
· Technology running abroad: deploying the model or agent technology stack on overseas servers or data centers, so that the technology serves a foreign operating environment, may be deemed "domestic technology authorized for foreign use";
· Exporting the agent technology itself to foreign entities: technology licensing, white-label cooperation, or delivering an overall solution to a foreign company directly triggers the rule;
· Change of control: if companies like Manus or Lovart are acquired by or come under the actual control of foreign capital, registration is triggered.
https://www.mofcom.gov.cn/zcfb/blgg/gg/2026/art/2026/art_05e2643a8ca04eb9adf9dd0542991fe4.html