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Draft Export Restrictions on Advanced AI Technologies (2T parameter threshold)

限制出口技术目录修订：先进AI技术出口管制草案
商务部、科技部·Published 2026-10-19·Checked by 管理员 on 2026-10-19

China's Ministry of Commerce (MOFCOM) and Ministry of Science and Technology jointly issued a draft notice to prohibit or restrict the export of advanced technologies, with AI as a key controlled area. Prohibited exports include offensive AI achieving >60% attack success (multi-layer protection) or 85% (mainstream software protection), and systems able to bypass sandboxes. Restricted exports include models exceeding 2T parameters or 10^26 FLOPS of training compute, and speech recognition models with ≥99.1% accuracy, among others. The 2T red line affects Chinese open-source practice: Kimi K3 (2.8T) crosses it, while DeepSeek V4 Pro (1.6T) remains below.

Source ↗Remind meChina · All

What it means for you

  • Models exceeding 2T parameters or 10^26 FLOPS training compute will require export approval, and public open-source releases could be restricted — release strategies must be re-evaluated
  • Prohibited AI (high-success offensive capabilities, sandbox-penetrating systems) cannot be exported at all; overseas businesses touching offensive security capabilities must self-audit for compliance
  • Open-source releases, API outputs, and model delivery to overseas markets need to be brought under export-control review; violations carry legal liability

    • What to do

    EngineeringInventory current and in-development models' parameter sizes and training compute against the 2T / 10^26 FLOPS thresholds
    ProductPause overseas releases and open-sourcing of models crossing the threshold (e.g. >2T) pending final rules
    LegalAssess impact on overseas expansion and open-source business models, and prepare mitigation plans
    ComplianceSubmit comments during the draft consultation period, especially on thresholds and open-source definitions

    Key dates

    2026-10-19Published

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