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National Law Review
National Law Review
7/24/2026
Choosing Between U.S. and Chinese AI Models: The Export Control Risks on Both Sides

Choosing Between U.S. and Chinese AI Models: The Export Control Risks on Both Sides

Short summary

U.S. export controls now can shut off access to frontier AI models overnight, as demonstrated when the Commerce Department suspended Anthropic's Fable 5 and Mythos 5 for three weeks via unpublished letters. Meanwhile, Chinese open-weight models like Kimi K3, GLM-5.2, and DeepSeek are closing the capability gap to months rather than years and now process roughly 61% of tokens on OpenRouter. Companies must weigh U.S. export-control risk against Chinese-model legal exposure, as both come with distinct compliance tripwires with no neutral third option.

  • US Commerce Dept used unpublished export-control letters to suspend Anthropic frontier models for 3 weeks
  • Chinese open-weight models now process ~61% of OpenRouter tokens; capability gap is months not years
  • Both US and Chinese AI models carry distinct legal risks; model-agnostic procurement is not a safe answer

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