I think you are trying to argue that you can limit the open models.
If China is ok with open models being open... they will be. An attacker isn't going to be deterred by a US law saying they can't use them.
I guess my point is that if China is ok with open models, then, the attackers will have them regardless of any laws in other countries. Restricting them, in that case, doesn't seem to accomplish much?
You can at least make it harder by requiring US clouds to only serve models with guardrails, and encouraging other countries to do the same. But yes, the underlying issue is the models being open in the first place. I'm sure if the US wanted to, it could come to some agreement with China about this.