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.
Personalized for You
How does this regulation affect your finances?
Personalize government policy and PRIA will tell you what this federal register document means for your household, plus every other regulation we track. PRIA reads each provision against your financial profile to show you exactly what matters to your wallet.
Key Dates
Department and Agencies
Related Federal Register Documents
2026-14942, Implementation of EAR Export Controls on Silencers, Mufflers, and Sound Suppressors; and Other Firearms Related Changes
Starting November 20, 2026, the government is changing the rules for exporting silencers, mufflers, and sound suppressors by moving them from strict military controls to easier commercial export rules. This means fewer hoops for businesses shipping these items overseas. Plus, temporary exports of firearms and related gear get simpler with new license exceptions, saving time and money for exporters.
2026-14132, Enhanced Favorable Treatment for the United Arab Emirates Under the Export Administration Regulations
The U.S. is giving the United Arab Emirates (UAE) better treatment for exporting and importing certain goods starting July 10, 2026. The UAE moves to a friendlier group, unlocking easier access to military gear, satellites, and advanced tech without extra licenses. This change boosts trade, supports defense teamwork, and helps U.S. businesses and the UAE work closer than ever.
2026-13663, Notice of Request for Public Comments on Section 232 National Security Investigation of Anthracite Coal
The U.S. Department of Commerce is checking if importing anthracite coal affects national security. If you’re involved in coal, energy, or trade, your input matters! You have until July 21, 2026, to share your thoughts, which could influence future rules and money moves around coal imports.
2026-12731, Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Technology Letter of Explanation
The Department of Commerce is renewing a form called the Technology Letter of Explanation, which businesses must submit when exporting certain tech info. This helps protect U.S. national security by making sure foreign buyers promise to use the tech properly. About 5,000 companies spend up to 2 hours on this, and the government is asking for comments by late July 2026.
2026-12728, Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Voluntary Self-Disclosure of Antiboycott Violations
The Department of Commerce is asking for approval to keep collecting info from businesses that voluntarily report breaking antiboycott rules. This helps catch problems faster and focus on those who don’t come clean. About 15 companies might spend 10 to 600 hours each on this, and the public has 30 days to share their thoughts before the process continues.
2026-12727, Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Five-Year Records Retention Requirement for Export Transactions and Boycott Actions.
If you’re involved in exporting goods or handling boycott requests, you need to keep your records for five years to help with any future investigations. The government is asking for public feedback on this rule until August 24, 2026, but no big changes or costs are expected—just a reminder to keep your paperwork tidy! This helps everyone stay clear and ready if questions pop up later.
Previous / Next Documents
Previous: 2026-00765, Roth In-Plan Conversions
Starting January 28, 2026, federal employees and service members with a Thrift Savings Plan (TSP) can convert their traditional TSP money into Roth TSP funds. This means you’ll pay taxes now but could enjoy tax-free cash when you retire. It’s a fresh way to manage your retirement savings and take control of your tax future!
Next: 2026-00808, Removing an Obsolete, One-Time Reporting Requirement From the Regulations Governing the Use of Supplies in Emergency Relief Work
The Department of Commerce is cleaning up its rules by removing an old, one-time report about emergency relief supplies that’s no longer needed. This change affects anyone involved in importing supplies for emergency work and takes effect January 16, 2026. It won’t cost or save money but will make the rules simpler and easier to follow.