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There is no universal “legal GPU” list. An international purchase is lawful only when the exact hardware, its country of origin, every transfer point, the buyer and beneficial owners, the intended workload, and the required export or import authorizations all line up. A product advertised as consumer or dual-use may still be controlled under the applicable export rules.
Use the checklist below before signing a purchase order. It is designed for transactions involving U.S.-origin or U.S.-connected equipment, but it also flags the independent duties that can apply under UK, EU, and other national regimes. For a specific transaction, obtain advice from qualified export-control counsel and verify the rules and sanctions lists immediately before ordering.
What this checklist determines
The objective is not simply to ask whether a graphics card or server is “restricted.” You must establish whether the proposed transaction can proceed, and under what conditions, by answering eight questions:
- What exactly is the item, and how is it classified?
- Which countries’ rules apply because of origin, seller, software, technology, or prior transfers?
- Where will the item physically move, and where will it be installed?
- Who is buying, owning, operating, and ultimately using it?
- What workload and end use will it support?
- Is a licence, exception, validated end-user authorization, or other written approval required?
- What evidence and contractual controls must be retained?
- How will the transaction be monitored after delivery?
If any answer is unknown, stop the order rather than treating the gap as permission to ship.
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1. Identify the exact item and its classification
Build an item record
Create a record for every GPU, accelerator module, server, chassis, system board, interconnect, firmware package, and controlled software component. Record:
- Manufacturer, product family, exact model, revision, and serial-number range.
- Technical specifications, including processing performance, memory capacity, memory type, interconnect capability, and total DRAM bandwidth where relevant.
- Country of origin for the item and for significant incorporated components.
- Whether the equipment is new, refurbished, previously exported, reexported, or returned after repair.
- All included software, firmware, technical data, and remote-management functions.
- The supplier’s written classification and the person who issued it.
Do not rely on a marketing name, a reseller’s “consumer” label, or a generic family name. Two products that look identical can fall under different controls because of performance, memory, firmware, configuration, or origin.
Understand the ECCN issue
U.S. Bureau of Industry and Security (BIS) guidance published May 13, 2025 identifies advanced-computing integrated circuits and related commodities under Export Control Classification Numbers (ECCNs) 3A090.a and 4A090.a, together with related “.z” entries. Some servers can be classified under 5A992.z. The correct classification depends on the technical specifications and the governing rule, not on the seller’s description.
Ask the manufacturer or exporter for the full ECCN, the classification rationale, and the technical data used. If the supplier cannot provide a defensible classification, obtain a formal classification determination or submit the appropriate request through BIS processes before committing funds.
Capture a classification decision
Your file should show one of these outcomes:
- A documented manufacturer or exporter classification that you independently checked against the current rules.
- A formal classification response from the relevant authority.
- A written conclusion that the item is not listed, with the technical comparison supporting that conclusion.
Keep the version and date of the rules used. Advanced-computing controls have changed repeatedly; a classification that was adequate for an earlier shipment may not cover a later revision or configuration.
2. Map every movement and jurisdiction
Draw the complete route
List every entity and location, not just the seller and final customer:
- Exporter, reexporter, transferor, reseller, freight forwarder, and customs broker.
- Purchaser, ultimate consignee, installation site, data-center operator, and infrastructure-as-a-service provider.
- Beneficial owners, parent companies, affiliates, cloud tenants, and maintenance providers that will receive access.
- Every planned reexport, resale, lease, loan, repair return, upgrade, or movement to another data center.
Separate the shipping address from the place where the server will be installed and from the place where people will access it remotely. A server delivered to one country but operated for a customer or workload in another can create additional transfer and end-use questions.
Apply all relevant national regimes
For a U.S.-origin item, the Export Administration Regulations (EAR) can apply even after the equipment leaves the United States. Check the EAR country groups, destination-specific controls, end-use and end-user provisions, and any reexport or transfer rules. Also check the law of the item’s origin country and the importing country’s licensing, customs, sanctions, and data-center requirements.
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The United Kingdom has independent strategic-export controls for military and dual-use goods, software, and technology, as well as sanctions obligations. UK guidance updated April 23, 2026 states: “It is a criminal offence to export controlled items without the correct licence.” A U.S. authorization does not automatically satisfy UK requirements, and a UK authorization does not replace U.S. rules that continue to apply to U.S.-origin content.
Check transit and temporary locations
Include airports, ports, bonded warehouses, repair depots, staging centers, and temporary demonstration sites. Ask the logistics provider where the cargo will be held and who can access it. A route that avoids a controlled destination on paper may still involve a regulated reexport, transfer, or diversion risk.
3. Screen every party, owner, and operator
Screen more than the named buyer
Screen the purchasing company, its beneficial owners, directors where required, intermediaries, freight and customs providers, data-center operator, cloud customer, installation contractor, and known end users. Include newly added affiliates and replacement service providers before they receive access.
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Check the U.S. Consolidated Screening List, the BIS Entity List, OFAC-related restrictions, and applicable national lists for every jurisdiction in the route. Preserve:
- The date and time of each search.
- The list source and version, if shown.
- The exact name, aliases, registration number, address, and country searched.
- The screening method or software settings.
- Any possible match, the identifying information compared, and the written disposition.
A name-only match is not automatically a prohibited match, but it is not safe to ignore. Resolve identity using addresses, registration records, ownership information, and other reliable identifiers. Escalate unresolved matches before shipment.
Investigate ownership and control
Ask for an ownership chart and identify who can direct the purchaser, operate the servers, approve workloads, or move the equipment. Restrictions can apply through ownership, control, or a prohibited relationship even when the contracting entity itself is not listed.
4. Describe the end use in writing
Write a specific workload statement
Use a signed end-use statement that names the application, model-training or inference activity, location, users, and expected scale. “General research” is not enough. State whether the hardware will:
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Identify the model types, customer classes, and access method when those facts affect risk. Explain whether users can upload their own workloads or move data and models to another region.
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Check prohibited or sensitive connections
Assess any connection to military or intelligence activities, weapons of mass destruction, supercomputer operations, advanced semiconductor-node development, or other controlled end uses and end users. Under EAR Part 744, knowledge of a specified end use or end user can create a licence requirement even when the item is not otherwise specifically listed for that transaction.
Document how you reached the conclusion. “The customer promised not to use it for military work” is weaker than a written description of the business, facilities, workloads, users, and technical safeguards that make the stated use credible.
Account for cloud and shared infrastructure
A cloud operator should identify the physical region, tenancy model, administrator access, customer screening process, and controls that prevent a prohibited user from obtaining the capability. If the buyer can relocate virtual machines or assign the GPUs to another legal entity, treat that ability as an onward-transfer risk and address it contractually and technically.
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5. Determine the authorization path
Evaluate every possible basis
For each item and movement, decide whether the transaction requires:
- A BIS export, reexport, or transfer licence.
- A licence exception, with all eligibility and recordkeeping conditions met.
- A validated end-user authorization or other written government approval.
- An authorization from the UK, EU, origin country, destination country, or another applicable authority.
- No authorization, supported by a documented analysis of the item, destination, parties, end use, and route.
Do not infer that no licence is needed because a product is sold through ordinary retail channels or described as dual-use. Licensing guidance turns on classification, country, end use, end user, screening, and the facts of the transaction. BIS identifies SNAP-R as the channel for relevant U.S. submissions; follow the current application instructions and authority-specific forms.
Check current advanced-computing rules
The Federal Register notice published January 15, 2025 for the Framework for Artificial Intelligence Diffusion revised advanced-computing controls and added controls for certain advanced closed-weight AI-model weights. Subsequent amendments or replacements may change thresholds, country treatment, licensing policy, or compliance duties. Verify the current EAR and Federal Register notices immediately before ordering, not only when the supplier first quoted the hardware.
Understand the China and Macau certification threshold
BIS Part 748 describes a particular case-by-case certification pathway for certain China or Macau transactions involving thresholds of 21,000 TPP and 6,500 GB/s total DRAM bandwidth. These figures are not a universal definition of a licensable server. Their applicability depends on the exact rule text, item configuration, destination, parties, and transaction facts. Have the supplier or counsel document the calculation and the provision that makes the pathway relevant.
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6. Assemble the application and compliance file
Documents commonly needed for a BIS application
Part 748 can require more than a purchase order. Prepare a package containing, as applicable:
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- ECCN analysis and technical specifications for every controlled component.
- Product brochures, architecture diagrams, performance data, and configuration sheets.
- The purchase order, contract, pro forma invoice, or equivalent commercial document.
- Signed end-user and end-use statements naming the installation site and workload.
- Ownership information and screening results for all relevant parties.
- Certifications, government forms, and prior authorization references.
- A security safeguard plan covering physical security, administrator access, identity management, logging, network segmentation, and incident response.
- Aggregated TPP information when the applicable AI-commodity process requires it.
Make sure the numbers and model identifiers match across the application, invoice, packing list, and technical attachments. Inconsistent quantities, memory configurations, or consignee names are common reasons for delay and follow-up questions.
Retain a decision record
Keep the rule versions, classification support, screening evidence, correspondence, approvals, shipping documents, and post-delivery reports in one controlled file. Set a retention period that meets every applicable regime and contract. Restrict editing and preserve the original versions so an auditor can reconstruct who approved each step and when.
7. Put controls into the contract and shipment
Use enforceable clauses
The sales or services agreement should bind the buyer, affiliates, cloud operators, subcontractors, and maintenance providers to:
- Use the equipment only at approved locations and for approved workloads.
- Obtain written consent before resale, lease, reexport, transfer, relocation, or material configuration change.
- Prevent access by screened and authorized personnel only.
- Maintain physical, network, identity, and logging safeguards.
- Provide ownership, location, user, and workload information on request.
- Keep records and permit audits or compliance certifications.
- Notify the exporter immediately about government inquiries, suspected diversion, loss, theft, or unauthorized access.
- Return, disable, or securely destroy the equipment when authorization or the contract ends.
Release only after conditions are operational
Do not ship merely because an application was submitted. Confirm that the authorization is effective, covers the exact item and quantity, names the correct parties and destination, and includes no unresolved conditions. Verify that access controls, approved-location controls, and recordkeeping are functioning before release.
Align customs documents
The commercial invoice, export declaration, airway bill or bill of lading, packing list, ECCN, licence reference, consignee, and value must be consistent. Instruct the customs broker and freight forwarder not to change the destination, consignee, route, or commodity description without compliance approval.
8. Monitor after delivery
Track changes that can create a new control issue
Reassess the transaction when any of these changes:
- The server is moved, colocated, or assigned to a different data-center region.
- Ownership, beneficial ownership, management, or cloud tenancy changes.
- A new customer, contractor, administrator, or maintenance provider receives access.
- The workload changes from research to production, model training, or a sensitive application.
- Firmware, accelerators, memory, networking, or other components are upgraded.
- The equipment is resold, leased, loaned, returned, repaired, or transferred.
- A party or destination appears on a new sanctions or restricted-party list.
Set a practical review cadence
Use event-driven reviews for every change above and scheduled reviews for long-running deployments. Re-screen parties before renewals, major upgrades, and new cloud tenants. Keep installation records, access logs, asset inventories, and customer certifications long enough to demonstrate continuous compliance.
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The cheapest or fastest route is not necessarily the one with the lowest compliance risk. Compare routes using the same facts:
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| Route | What to verify | Typical documentary burden | Main risk to control |
|---|---|---|---|
| Direct manufacturer purchase | Manufacturer classification, origin, destination, end user, and licence policy | Technical data, end-use statement, ownership and screening records, possible licence application | Incomplete disclosure of the final installation site or workload |
| Authorized distributor or reseller | Chain of custody, prior export history, exact configuration, and authority to provide classification data | Reseller records plus manufacturer evidence and transaction documents | Assuming the reseller’s “consumer” or “dual-use” label answers the legal question |
| Used or refurbished equipment | Original export, reexport history, serial numbers, modifications, and current origin-country rules | Prior shipping records, technical inspection, classification, and new end-use file | Unknown prior transfers or undocumented modifications |
| Cloud or hosted GPU service | Physical region, operator, tenant screening, administrator access, and relocation controls | Service contract, safeguard plan, user-screening process, location evidence, and audit rights | Remote access or workload migration creating an unapproved transfer |
| Integrator-built AI server | Classification of the complete system and each controlled component, plus software and firmware | Bill of materials, performance data, component origins, end-use and end-user documents | System classification changing when components or configuration change |
Common failure modes and fixes
The supplier says no licence is needed
Why it fails: The statement may omit destination, ownership, end use, or reexport facts. Fix: Request the written ECCN analysis and test it against the complete route and end-use statement.
The buyer is screened, but the owner is not
Why it fails: A listed beneficial owner, parent, intermediary, or operator can change the risk. Fix: collect an ownership chart, screen all relevant entities and individuals, and document match resolution.
The server is shipped to a permitted address, then moved
Why it fails: A relocation can be a reexport or transfer and can invalidate a location-specific authorization. Fix: require written approval before movement and use asset, network, and access controls that make the approved location verifiable.
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The application contains marketing material but no performance evidence
Why it fails: Authorities need technical specifications and performance data to evaluate classification and thresholds. Fix: include configuration-level specifications, brochures, calculations, and the source of each figure.
A cloud customer can self-provision without screening
Why it fails: The operator may provide controlled capability to a prohibited user even if the operator itself is permitted. Fix: screen customers and beneficial owners, restrict regions and workloads, log administrator actions, and block unapproved reassignment.
When to stop the transaction
Pause ordering, payment, loading, or remote activation if:
- The exact model, configuration, origin, or ECCN is unknown.
- The supplier will not identify prior export history or the installation site.
- A party, owner, intermediary, or user produces an unresolved screening match.
- The end-use statement is vague, contradictory, or inconsistent with the customer’s business.
- The required licence or exception conditions are uncertain.
- The buyer requests misdescription, route changes, split shipments, or removal of compliance clauses.
- Security safeguards are not operating before release.
Escalate to export-control counsel or the relevant authority, preserve the evidence, and do not attempt to solve a licensing problem by changing the invoice description or shipping route.
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- Item: exact model, revision, configuration, origin, prior export history, ECCN, and technical evidence recorded.
- Route: exporter, reexporter, transferors, consignee, installation site, operator, transit points, and onward transfers mapped.
- Parties: purchaser, owners, intermediaries, operators, users, and service providers screened with dated evidence.
- End use: workload, users, location, access model, and sensitive-use assessment documented and signed.
- Authorization: licence, exception, validated authorization, or no-licence conclusion supported by the current rules.
- File: specifications, brochures, purchase order, certifications, performance data, safeguard plan, and calculations complete.
- Contract: location, access, no-reexport, records, audit, incident, and change-notification obligations enforceable.
- Shipment: authorization effective, conditions operational, and customs documents consistent.
- After delivery: asset location, ownership, tenancy, workload, upgrades, users, and list status monitored.
BIS cautions that “The tools on the BIS website are not intended to replace the official rules found in the Code of Federal Regulations.” Treat checklists and supplier assurances as inputs to a documented legal analysis, not as a substitute for the current regulations.
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Product prices and availability are accurate as of the date/time indicated and are subject to change. Any price and availability information displayed on Amazon at the time of purchase will apply.
