09. Everyday Situations: A Reader's Field Guide¶
Can I Still Download DeepSeek, Qwen, or Other Open Models onto My Own Hardware?¶
Announcement 48 does not establish a blanket ban on downloading existing public models. The Chinese draft excludes already-public AI technology, and US rules contain provisions for qualifying published code and weights. A private fine-tune, restricted data or a later onward transfer needs its own assessment; downloading an original public model is not a universal clearance for every derivative or use. CN-A1, note 1 EAR734 EAR774
Does Hardware Affect Open-Source AI Even When the Software License Is MIT or Apache 2.0?¶
Profoundly. An MIT license gives you the legal right to run a model, whereas physical GPUs, high-bandwidth memory, and cluster interconnects give you the physical ability to train or run it. US rules (3A090, 742.6(b)(10)) govern who can buy advanced AI accelerators, while China's proposed 266506X and 266507X govern cross-border transfers of AI processor architectures, 3D NAND/DRAM designs, and >10,000-card cluster engineering (with Footnote 2 easing overseas foundry tape-outs) CN-A1 US26 EAR742. Always check both the software files and any custom silicon or cluster stack moving alongside them.
If Overseas Users Chat with Our AI App or Call Our API, Is That a Model Export?¶
MOFCOM distinguishes remote services from transferring restricted large-model technology. Its answer covers API access, apps, web interaction, SaaS and lightweight local deployment. The explanation is about restricted large models after the measures take effect. It is not a universal exemption for prohibited core-data technology, other controlled items, data rules or every current registration question. CNQA
Our Lab Stays in China, but Foreign Investors Are Acquiring Control. Do We Register?¶
Check immediately. Section III(2) of Announcement 48 requires pre-export registration whenever the owner or actual controller of covered domestic technology changes into an overseas entity, even if every server and engineer stays put CN48, section III(2). If US investors participate, separately verify US Treasury's Outbound Investment rules (Outbound@treasury.gov) TREAS.
What Should We Record in a Two-Page "Release Passport" Before Publishing?¶
Before any major open-weight release, overseas chip tape-out, or cross-border license, keep a clean internal folder recording: (1) exact version and SHA-256 hash; (2) catalogue codes checked (266504X, 266506X, 266507X, 3A090, 4E091); (3) measured training FLOPs, parameter count, and public benchmark rankings on the release date; (4) training-data audit confirming zero Core Data and documenting public/trace Important Data; (5) prior publication proof or first-release status; and (6) copies of any ecomp.mofcom.gov.cn registration or snapr.bis.gov ACN filing CN-A1 CN-A2 SNAPR.
Six Real-World Scenarios¶
1. Fine-Tuning an Existing Public Open-Weight Model
A hypothetical hospital research team obtains public weights and adapts them locally. The original public artifact and a later private clinical adaptation are distinct. Check the applicable publication provisions, data obligations and any onward transfer. A copyright license does not establish clinical safety or grant government permission. CN-A1, note 1 EAR734 EAR774
2. Publishing a Brand-New Top-10 Open-Source Model from China
A Chinese AI lab prepares the very first global open-source upload of a newly trained reasoning model whose live benchmarks place it at #7 in the world (crossing 266504X(2)). First confirm zero PRC Core Data (266501J) and check Important Data trace rules. During the post-16 October 2026 transition window, verify pre-export registration requirements on ecomp.mofcom.gov.cn; once the revised catalogue takes effect, use Footnote 2's automatic-licensing fast lane ("apply and go") CN48 CN-A1, note 2 CNQA.
3. Licensing Private Frontier Weights or Custom Chip IP to a Foreign Partner
A Beijing team signs a closed commercial contract handing unpublished 2.4-trillion-parameter weights (266504X) or a custom 7 nm NPU instruction-set core (266506X) to an overseas enterprise. Because this is a private commercial transfer rather than open-source publication, file Attachment 2 pre-export registration on ecomp.mofcom.gov.cn today, and prepare for the two-stage Provincial Commerce + Provincial S&T license (30 working days for Letter of Intent + 15 working days for formal Technology Export License) once finalized CN48 CNTIER CNMEAS. (Note: sending a chip layout abroad solely for foundry wafer fabrication qualifies for Footnote 2 facilitation.)
4. Offering Global Web Chat or Metered API Access
A Shanghai startup serves overseas customers through a web interface and HTTPS API powered by its flagship frontier model hosted in China. MOFCOM's official Q&A confirms that remote API and app services without transferring underlying weights or source code sit outside large-model technology export controls (provided the model was not trained on prohibited Core Data 266501J) CN-A1 CNQA.
5. Foreign Venture Restructuring or Cross-Border Acquisition
A domestic startup holding unreleased 266505X 60-agent orchestration software or an undisclosed 262705X gene-therapy target discovery engine restructures so an offshore holding company becomes its actual controller. Even if zero files leave Shenzhen servers, Section III(2) of Announcement 48 requires pre-export registration before the control shift completes, and if US capital is involved, US Treasury's Outbound Investment rules must be checked in parallel CN48, section III(2) TREAS.
6. Shipping a Turnkey Solar Wafer or Perovskite Line Overseas
A Chinese equipment maker contracts to ship monocrystalline crystal-pulling furnaces and PECVD coaters to equip a new overseas solar plant, bundled with process recipes and engineer commissioning. Under Footnote 4, the physical machines themselves fall under export control if they embody listed 263004X-263802X indicators (and <=70 micrometer wafer slicing 263004J or >=30% tandem recipes 263801J face proposed prohibition). Complete ecomp.mofcom.gov.cn pre-export registration before completion CN48 CN-A1, note 4 CNQA.