You cannot determine whether an AI GPU or server can be exported to China from its product name alone. Check whether the item is subject to the U.S. Export Administration Regulations (EAR), establish its current classification and technical parameters, then evaluate the destination, parties, ownership, end use, delivery and installation locations, and any remote or cloud access. A license may be required even when the customer or data center is outside China, and an ECCN or EAR99 status is not by itself permission to ship.
This is a transaction-specific compliance workflow, not a determination that a particular model, customer, or shipment is allowed. The rules can change; use the EAR and current Bureau of Industry and Security (BIS) guidance in force when you make the decision. For a consequential or unclear transaction, get qualified export-compliance advice or ask BIS for a classification or license determination through SNAP-R.
Start by defining what you plan to do
Export controls can apply to more than a new shipment from the United States. Before looking up an ECCN, record the transaction type and who will ultimately receive or use the computing capability.
| Transaction path | What to establish |
|---|---|
| Export from the United States | Exporter, purchaser, intermediate and ultimate consignees, destination, end user, intended use, and delivery and installation sites. |
| Reexport or in-country transfer | Where the item is now, where it will go or be transferred, who controls it, and whether its end user or use will change. Do not assume a move within one country is outside the EAR. |
| Upgrade or replacement parts | Which chips, boards, assemblies, software, or technology are being supplied; the installed system they will support; and the location and user of that system. |
| Data-center or IaaS access | Who owns and operates the equipment, where it is installed, who can access its computing capacity remotely, and whether the provider or another party will train AI models for or on behalf of a customer. |
Include the customer’s headquarters and ultimate parent, not just its billing or ship-to address. Identify intermediaries and remote users rather than treating the named purchaser as the only relevant party.
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Use this decision workflow
1. Determine whether the item is subject to the EAR
Start with the commodity, software, and technology being supplied and establish whether each is subject to the EAR. BIS’s licensing workflow begins with this jurisdiction question. A foreign-made product may need a separate analysis under EAR rules; the fact that it contains U.S.-origin components or is sold by a U.S. company does not, on its own, settle the question. Do not proceed as if an item is EAR-controlled—or outside the EAR—without establishing its status.
2. Obtain and verify the current ECCN
Ask the manufacturer, producer, or developer for the Export Control Classification Number (ECCN) and the technical basis for it. Check that classification against the current Commerce Control List (CCL): BIS warns that ECCNs can change. If you classify the item yourself, follow the CCL Order of Review and make sure the person doing the analysis understands the item’s hardware and relevant technical specifications. If the result is uncertain or consequential, request an official BIS classification through SNAP-R.
Classify the actual items in the transaction, not just the system’s marketing name. Depending on what is supplied, that may mean separately assessing accelerator chips, boards, assemblies, a complete server, software, and technology. A vendor’s classification is important evidence, but it does not determine whether your particular transaction is authorized.
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3. Check advanced-computing entries and technical parameters
For an AI accelerator or server, compare the exact item and its technical parameters with the current EAR entries and notes. BIS’s May 13, 2025 guidance discusses advanced-computing integrated circuits and commodities containing them, including examples associated with ECCNs 3A090.a and 4A090.a and related “.z” entries. It also gives servers classified under 5A992.z as an example. These are examples of potentially relevant classifications, not a list that automatically covers every AI GPU or server. Use the live CCL and operative EAR text for the item-level analysis.
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Check both the physical destination and the recipient’s corporate links. BIS’s May 31, 2026 guidance says a license requirement continues for specified advanced-computing items destined outside the United States for entities headquartered in Country Group D:5 or Macau, or whose ultimate parent is headquartered there, unless an applicable license exception is available. BIS advises exporters to continue seeking a license unless they can identify an exception in the EAR that covers the transaction.
This guidance is not a blanket statement that every AI GPU or server is prohibited, nor does a delivery address outside China settle the question. Determine whether the item is one covered by the provision and whether the recipient or its ultimate parent meets the headquarters test. Confirm the current country-group designations and regulatory text at the time of the transaction.
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5. Screen parties and investigate the real end use
Screen all relevant parties and review current end-user and end-use controls. Use BIS’s Consolidated Screening List and other applicable official resources; a clear screening result does not replace the rest of the analysis. Investigate the customer’s business, incorporation date, ownership, ultimate parent, end user, installation address, intended use, and any intermediaries. Ask whether the order and requested installation fit the customer’s stated operations.
For AI training or cloud access, establish who will use the compute and for whose benefit. BIS identifies potential controls, under specified knowledge and other conditions, when advanced-computing items or IaaS services are connected to training AI models for or on behalf of D:5- or Macau-headquartered parties. The guidance also addresses restricted military-intelligence and weapons-of-mass-destruction (WMD) end users or end uses. Do not treat a data-center operator, reseller, or cloud provider as a sufficient answer if the ultimate user or beneficiary remains unclear.
6. Resolve red flags before shipping or enabling access
BIS flags circumstances that can indicate diversion risk or inadequate due diligence. Investigate rather than papering over issues such as:
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- The ultimate installation address is unknown, or the customer cannot provide complete headquarters or ultimate-parent information.
- A data center lacks the power, cooling, or space needed for the equipment being ordered.
- An IaaS provider cannot affirm that users are not headquartered in China, or cannot explain who will access the system and how it will be used.
- The stated end use, customer’s business, shipment route, installation site, or requested remote access does not make sense together.
These facts are diligence indicators, not independent legal tests. Resolve inconsistencies, update the party and location record, and assess whether the facts trigger a license requirement or call for escalation.
7. Determine whether a license is required, then test any exception
Read the current EAR provisions that apply to the item, destination, parties, end use, and transaction type. If a license is required, do not ship, transfer, or provide controlled access until the necessary authorization is in hand. If you believe no license is required, document the specific provisions supporting that conclusion.
Part 740 contains advanced-computing-related exceptions, including NAC and ACA, but the names of those exceptions are not blanket permission to ship to China or serve a particular customer. Each has specific item, destination, notification, eligibility, and other conditions. Read the operative text, verify every condition for this item and transaction, and retain the supporting evidence. If classification or eligibility is unresolved, do not rely on a vendor assurance or an exception name alone; use SNAP-R to request a BIS classification or submit a license application.
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8. Keep a decision record
Keep enough detail for another reviewer to reconstruct the decision. A practical record includes:
- The technical datasheet, item description, ECCN, and classification rationale.
- The EAR text and CCL entries checked, including the date of review.
- All transaction parties, their roles, screening results, headquarters, and ultimate-parent information.
- The destination, delivery and installation locations, end user, intended use, and any remote-access or IaaS arrangements.
- End-use certifications and evidence used to resolve diligence concerns.
- The license, if one was required, or the specific exception analysis and evidence supporting reliance on it.
- Relevant BIS correspondence and any conditions or notifications applicable to the authorization.
What the check can—and cannot—tell you
A completed review should produce a documented outcome for this item and transaction, not a general verdict about a GPU family or server brand. The result will ordinarily fall into one of these categories:
- License required: Identify the applicable basis and obtain authorization before proceeding.
- Exception may be available: Confirm each current condition and document why it applies to the precise item, parties, destination, and activity.
- No license requirement identified: Record the provisions reviewed and retain the classification and transaction facts supporting the conclusion; continue to comply with any other applicable EAR restrictions.
- Unresolved: Pause the transaction and seek an official classification or license determination, or specialist export-compliance advice.
This process does not itself grant a license or establish that a particular shipment is lawful. BIS’s May 31, 2026 guidance answers “The answer is yes” to whether the existing licensing requirement remains enforced in the covered advanced-computing circumstances it discusses; apply that answer only within that stated context, and check the current rule before acting.
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