Rules / United States (federal)

Revision to License Review Policy for Advanced Computing Commodities (H200-class chips to China)

In forceRegulationBinding

Changes BIS licence review for exports to China and Macau of NVIDIA H200-class and less advanced AI chips from a presumption of denial to case-by-case review, if the exporter certifies sufficient US supply, no diversion of foundry capacity, adequate recipient security, and independent US third-party performance testing. More advanced chips remain under the existing controls.

Why it matters

Chip exporters can now seek licences for H200-class sales to China, but only with detailed certifications; export of frontier-class compute to China remains restricted.

What it requires

Registration or filingSecurity testing

Penalties

Export Administration Regulations penalties (civil and criminal)

SourceFederal Register: https://www.federalregister.gov/documents/2026/01/15/2026-00789/revision-to-license-review-policy-for-advanced-computing-commoditiesSecondary: https://www.bis.gov/press-release/department-commerce-rescinds-biden-era-artificial-intelligence-diffusion-rule-strengthens-chip-related Checked against the source on 4 Oct 2026. Wider context: on 13 May 2025 BIS announced rescission and non-enforcement of the January 2025 AI Diffusion Rule (including its global compute tiers and controls on closed model weights) and promised a replacement rule; no replacement rule had been published in the Federal Register as of 2026-10-04. A 14 Jul 2026 rule (effective 10 Jul 2026) moved the UAE to Country Group A:5, giving the UAE government and approved entities licence-free access to advanced computing items.

Cite this record

WTA-R-US-0010: Revision to License Review Policy for Advanced Computing Commodities (H200-class chips to China). Bureau of Industry and Security, Department of Commerce. wheresthe.ai, https://wheresthe.ai/rule/us-bis-advanced-computing-license-policy-2026/ (checked 4 Oct 2026).

History

  • Summary changed from …Nvidia… to …NVIDIA…

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