Nvidia Chips Get Green Light for China with Strings Attached
Published Date: 1/15/2026
Rule
Summary
Starting January 15, 2026, companies wanting to export certain advanced computer chips like the Nvidia H200 to China and Macau will get a fairer, case-by-case review instead of an automatic no. Exporters must prove the chips are available in the U.S., won’t hurt U.S. supply, and that buyers have strong security and testing in place. This change opens new doors while keeping U.S. tech safe and sound.
Analyzed Economic Effects
6 provisions identified: 1 benefits, 4 costs, 1 mixed.
Case-by-Case Exports to China and Macau
Starting January 15, 2026, exports of certain advanced computing chips (for example, the NVIDIA H200 or AMD MI325X) to end-users in China or Macau can be considered on a case-by-case basis instead of an automatic denial if the item meets performance limits: TPP less than 21,000 and total DRAM bandwidth less than 6,500 GB/s. If the application meets those criteria and the applicant provides the extra certifications listed in supplement no. 2 to part 748, BIS will review the license request individually.
New Certification and Supply-Impact Tests
To qualify for case-by-case review, exporters must certify and provide supporting data that there is sufficient U.S. supply, that exports will not delay fulfilling U.S. orders or divert global foundry capacity for similar or more advanced products, and must report how many units have been shipped in the U.S. and key specs (TPP, total DRAM bandwidth, interconnect bandwidth, copackaged DRAM capacity, peak power).
Mandatory U.S. Third-Party Testing
Before export on an approved license, every shipment of qualifying advanced computing commodities must be reviewed by a qualified third-party testing lab in the United States that confirms the technical capabilities in the license application. The lab must be headquartered in the U.S., have no ownership/financial stake in transaction parties, not be controlled by entities headquartered in Country Group D:5 or Macau, and must perform testing in the United States.
Remote End-User Lists and IaaS Controls
Exporters must provide BIS with lists of any intended Infrastructure-as-a-Service (IaaS) remote end users located in Belarus, China, Cuba, Iran, Macau, North Korea, Russia, and Venezuela or whose ultimate parent is in those destinations, and verify KYC, physical security, and IaaS restrictions (including limits on model-weight transfers and remote access).
Presumption of Denial Still Applies in Many Cases
The rule keeps a presumption of denial for exports, reexports, and in-country transfers of these AI commodities when destined to destinations in Country Group D:5, for reexports/transfers to Macau or D:5, and for exports to entities headquartered in Macau or Country Group D:5. If an application meets multiple policies, the most restrictive (presumption of denial) may apply.
More License Applications and Paperwork Burden
BIS expects industry to submit about 100 more license applications per year under the new case-by-case policy and estimates an increase in burden hours of 28.3 hours across relevant OMB collections; exporters must submit certifications via SNAP-R prior to export. The rule references specific OMB control numbers used for licensing forms.
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