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What determines whether an AI GPU can be exported?
The Export Administration Regulations (EAR) do not decide a transaction based on the marketing label “AI GPU.” The exporter needs to establish what the item is and how it is classified, and assess the people, locations, and intended use involved. Controls can apply to advanced-computing integrated circuits (ICs) and to commodities that contain them, including some servers; not every GPU, server, or AI system is treated identically.
BIS industry guidance discusses advanced-computing ICs under ECCNs including 3A090.a and commodities under categories including 4A090.a. Those examples do not classify a particular product. Classification depends on the item and its technical specifications, and additional controls may depend on destination, parties, and known intended end use. See BIS guidance on advanced-computing items and commodities used to train AI models.
When does a China connection trigger a license question?
For covered advanced-computing items, BIS’s May 31, 2026 guidance says a license remains required for relevant exports to entities headquartered in Country Group D:5—which includes China—or Macau, and to entities whose ultimate parent is headquartered in either location. The rule can therefore matter even when the recipient itself is based elsewhere. BIS says exporters should continue seeking licenses unless an exception specified in the EAR applies. Read the May 31, 2026 BIS guidance alongside the applicable EAR provisions.
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“China-linked” is not a single legal test. A transaction may involve a China destination, a customer with China headquarters or a China-headquartered ultimate parent, a particular end user, or an intended end use. These facts are related but not interchangeable. Shipping through a third country or to a foreign subsidiary does not by itself establish that a license is unnecessary.
What BIS’s H200 and MI325X review policy means
On January 13, 2026, BIS announced that applications for Nvidia H200, AMD MI325X, and similar chips would receive case-by-case review if specified conditions are met. The announcement describes how BIS may review applications; it does not approve every application or authorize shipment without any required license.
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BIS identified these conditions for applicants to demonstrate:
- The export will not reduce global semiconductor production capacity available to U.S. customers.
- The Chinese purchaser has export-compliance procedures, including customer screening.
- Independent third-party testing in the United States verifies the product’s performance and security.
An exporter still needs to determine the exact item classification, establish whether a license is required, meet applicable application requirements, and obtain any required authorization before shipment. BIS’s announcement is available at Department of Commerce Revises License Review Policy for Semiconductors Exported to China.
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How to assess a proposed sale
Work through the transaction in this order. The answers should be documented, not inferred from a product name or a customer’s assurances alone.
- Identify and classify the item. Record the exact model, configuration, technical specifications, and applicable ECCN. Include any server or other commodity containing the chip.
- Map locations and ownership. Identify the shipping destination, installation location, customer headquarters, and ultimate parent’s headquarters. Check whether the relevant entity is in China or Macau or has an ultimate parent headquartered there.
- Establish the end user and end use. Determine who will ultimately use the item and for what purpose, including whether it will be installed in a data center or used for AI training. Do not treat the purchaser and end user as automatically the same party.
- Check the applicable authorization. Assess the license requirement under the EAR for the classified item and transaction. If relying on an exception, verify that the specific exception is available and that every condition is met; do not assume an exception applies because a shipment is indirect or the buyer is outside China.
- Evaluate application requirements and diversion risk. If a license application is required, determine which review policy applies and assemble the supporting information. Screen transaction parties and investigate inconsistencies before proceeding.
BIS maintains the live text of EAR Part 742, EAR Part 740, and its page on license exceptions. The applicable provisions and conditions depend on the transaction.
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What due diligence should exporters perform?
BIS recommends looking beyond the immediate buyer. Its industry guidance discusses customer incorporation date and ownership, transaction parties, end user and end use, and whether the customer’s business activity fits the items ordered. Exporters may seek end-user certifications and detailed information about the parties and intended use.
For data-center transactions, the guidance discusses written assurances about authorized operation and infrastructure. It identifies site visits or an independent audit as a best practice in the circumstances described. Warning signs include an unknown installation address, opaque ownership, a customer profile inconsistent with the order, or a data center unable to provide assurances about its infrastructure. These are agency recommendations and red flags—not a universal checklist that guarantees compliance. See the BIS industry guidance.
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Can dealings involving Chinese-origin AI chips raise a separate issue?
Yes. In guidance dated May 13, 2025, BIS warned that certain dealings involving PRC advanced-computing ICs may implicate General Prohibition 10 (GP10) when a person has the relevant knowledge that an EAR violation has occurred, is about to occur, or is intended to occur in connection with the item. BIS named Huawei Ascend 910B and 910C as examples and said the list is illustrative, not exhaustive. The guidance does not say that every Chinese-designed chip is unlawful to use.
BIS advises parties uncertain about authorization to confirm with suppliers before covered dealings. The scope and knowledge condition matter: consult the BIS guidance on GP10 and PRC advanced-computing ICs rather than treating the named examples as a complete list.
What a business should conclude before shipping
A U.S. company may be able to sell an AI GPU to a China-linked customer, but only after evaluating the particular item and transaction under the EAR. For covered advanced-computing items, BIS says the license requirement continues for specified China- or Macau-headquartered entities and entities with ultimate parents headquartered there. The H200 and MI325X policy offers case-by-case application review under stated conditions, not blanket clearance. A particular shipment requires current classification and transaction-specific review; the BIS materials describe the regulatory framework, not a determination for any one sale.
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