U.S. export controls on GPUs and AI servers are requirements under the Export Administration Regulations (EAR) that can require a Bureau of Industry and Security (BIS) license—or impose conditions on an exception—depending on the item, destination, parties, and end use. A product label such as “GPU” or “AI server” does not by itself determine whether a shipment is allowed.
What the rules cover
The EAR regulates exports, reexports, and transfers in-country of certain items. For advanced computing, the rules can apply to integrated circuits and to commodities containing them, including some servers. BIS identifies classifications such as ECCNs 3A090 and 4A090 for certain advanced-computing items; the applicable classification and technical parameters matter more than the product’s marketing name.
Not every GPU or server is subject to the same restriction. The answer for a particular transaction depends on the full item and transaction facts, and on the EAR in force when the transaction occurs.
How to assess a GPU or AI-server transaction
Work through the factors in order. This is an orientation framework, not an exhaustive compliance checklist or a transaction-specific legal determination.
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- Identify the item. Determine its EAR status and relevant Export Control Classification Number (ECCN), if any. Assess the technical parameters that apply to the item, including whether a server contains covered advanced-computing ICs.
- Identify the transaction and destination. Establish whether the activity is an export, reexport, or transfer in-country, and identify the destination and applicable country group. Destination-specific controls may change the licensing analysis.
- Screen all relevant parties. Consider the consignee, end user, headquarters, and ultimate parent—not just the ship-to address or immediate buyer. BIS guidance dated May 31, 2026, says a license is required for covered advanced-computing items destined to entities headquartered in Country Group D:5 or Macau, or whose ultimate parent is headquartered there, even when the entity itself is located elsewhere. That guidance concerns covered items; it does not mean every chip or transaction has the same result.
- Assess end use and relevant knowledge. Determine how the item will be used and what the exporter knows about that use and the parties. BIS guidance describes circumstances where knowledge that commodities will be used to train AI models for specified WMD or military-intelligence end uses or users can trigger licensing requirements. AI training, by itself, is not established as an automatic prohibition.
- Determine the license requirement and review policy. Apply the relevant EAR provisions to the item, destination, parties, end use, and knowledge. A required license and the policy BIS will use to review an application are separate questions.
- Check any proposed exception against its conditions. Confirm that the item, destination, parties, and transaction qualify under the specific exception, and meet any applicable notice, certification, or continuing requirements.
China and Macau: scope and application criteria
BIS Part 742 describes a case-by-case review policy for specified commodities destined to end users in China or Macau when total processing performance (TPP) is below 21,000 and total DRAM bandwidth is below 6,500 GB/s. These are regulatory criteria for a defined application pathway, not a general safe harbor or a blanket authorization to ship. Part 748 also sets out certification conditions for certain applications, including aggregate-TPP comparisons and statements concerning military, military-intelligence, WMD, and transaction-party risks. Those conditions apply within their specified scope.
The location of the immediate recipient may not settle the destination-related analysis. Under the May 31, 2026 BIS guidance, covered items can require a license when the recipient is headquartered in D:5 or Macau, or its ultimate parent is headquartered there, even if the recipient operates elsewhere. Review the guidance and applicable EAR provisions for the actual entities and transaction.
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License exceptions are conditional, not blanket waivers
The EAR includes exceptions such as NAC, ACA, and AIA, but their availability depends on their precise terms. An exception may be limited by item classification, destination, recipient, or transaction type, and may require prior notification, certification, or compliance with other conditions. Check the current text of EAR Part 740 rather than relying on an exception’s name or assuming that eligibility for one transaction carries over to another.
How to interpret dated chip-policy announcements
On January 13, 2026, BIS announced that it would review applications for Nvidia H200, AMD MI325X, and similar chips on a case-by-case basis if specified security requirements were met. That announcement describes an application review policy as of that date; it is not a general permission to export those products. Subsequent rules or guidance may change the result, so consult the current EAR and BIS materials before relying on the announcement.
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What to verify before shipping
- The item’s classification and technical characteristics, including whether it is a covered commodity containing an advanced-computing IC.
- The transaction type, destination, consignee, end user, headquarters, and ultimate-parent location.
- The planned end use and any relevant information or knowledge about the transaction parties or intended use.
- Whether a license is required, the applicable review policy, and whether any exception is available under its current conditions.
- The operative EAR provisions and current BIS guidance on the date of the proposed transaction.
The governing starting points are EAR Parts 740, 742, and 748 and relevant BIS guidance. Because controls and guidance can change, an actual shipment requires review of the current rules and the transaction’s complete facts; this overview does not classify a product or decide whether a particular shipment may proceed.
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