# China drafts tighter export rules for open‑weight AI models and key technologies

> Beijing's new draft limits exports of large AI models and 23 AI tools, but fast‑tracks open‑source releases.

Oossa · 2026-10-16 · https://oossa.com/en/china-drafts-tighter-export-rules-for-open-weight-ai-models-and-key-technologies

China’s commerce and science ministries have published a draft that expands the list of AI technologies subject to export controls. The draft covers 23 AI tools, including large models, agents, compute clusters and data‑processing software. Tools that can automatically write or modify malware aimed at critical infrastructure are banned from export. Other vulnerability‑finding tools will face new limits rather than a full ban.

## How the model rules work

Two cases trigger export limits for large models. First, models trained on China’s “important data” – data defined under the Data Security Law – are restricted unless the data is public, cleaned to less than 0.1 % of the training set, never appears in model outputs, and does not materially boost R&D for core tech. Second, the underlying technologies – weights, checkpoints, source code, architecture and training or inference methods – are controlled once a model reaches 10^26 FLOPs of compute, has at least 2 trillion parameters, or ranks in the global top‑10 according to public evaluator rankings.

## What is still allowed

Using restricted models via API calls, SaaS apps, websites or lightweight local versions remains free of the new controls. Exporting the same software to run on foreign servers, however, requires a standard export license. China also introduced a fast‑track “automatic licensing” for AI tech released as open source, and for Chinese firms that operate data centres abroad or collaborate internationally.

## The facts

- The draft lists 23 AI technologies that will face new export limits.
- Models trained on “important data” are restricted unless the data is public or cleaned to under 0.1 % of the training set.
- Export controls apply to models with ≥2 trillion parameters, ≥10^26 FLOPs of training compute, or a top‑10 global ranking.
- Open‑source releases of restricted AI tech qualify for automatic licensing under the fast‑track process.
- Using restricted models via APIs or lightweight local versions does not trigger the export controls.

## Why it matters

Companies that rely on open‑weight AI models may need to shift to domestic alternatives or secure export licences, adding cost and complexity. Researchers and developers can still use open‑source releases, but any commercial deployment abroad will face new paperwork.

## Sources & references

1. [China tightens export controls on open-weight models and 23 key AI technologies](https://the-decoder.com/china-tightens-export-controls-on-open-weight-models-and-23-key-ai-technologies/) – The Decoder, 2026-10-16
2. [China plans to tighten export controls on open-weight models and 23 key AI technologies](https://the-decoder.com/china-plans-to-tighten-export-controls-on-open-weight-models-and-23-key-ai-technologies/) – The Decoder, 2026-10-16

Last updated: 2026-10-16