# 2026-00789: Nvidia Chips Get Green Light for China with Strings Attached 2026-00789, Revision to License Review Policy for Advanced Computing Commodities, is a Federal Register rule from Commerce Department, Industry and Security Bureau published 2026-01-15, effective 2026-01-15 (as of 2026-06-11). - Canonical: https://policyrisk.com/federal-register/2026-00789 - As of: 2026-06-11 - Plain-text twin of the page above; the HTML and this file carry the same facts. ## Facts - Document number: 2026-00789 - Title: Revision to License Review Policy for Advanced Computing Commodities - Type: Rule - Agencies: Commerce Department; Industry and Security Bureau - Citation: 91 FR 1684 - Published: 2026-01-15 - Effective: 2026-01-15 - Comments close: not stated - Significant: no - Touches household money: no - Regulation identifier numbers: 0694-AK43 - Last updated: 2026-06-11 ## In one line Nvidia Chips Get Green Light for China with Strings Attached ## 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. ## Abstract The Bureau of Industry and Security (BIS) is revising its license review policy for exports of certain semiconductors to China and Macau--changing it from a presumption of denial to a case-by-case review. The semiconductors covered by this rule are the Nvidia H200 and its equivalents, as well as less advanced chips--provided that (1) the semiconductors are commercially available in the United States at the time of publication of this rule and (2) the exporter certifies that: there is sufficient supply of this product in the United States; production of this product for exports to China will not divert global foundry capacity for similar or more advanced products for end users in the United States; the recipient has demonstrated sufficient security procedures; and the item undergoes independent, third-party testing in the United States to verify its performance specifications. ## Effects PRIA read - Case-by-Case Exports to China and Macau: benefit, medium. 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 bandw… - New Certification and Supply-Impact Tests: cost, medium. 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 i… - Mandatory U.S. Third-Party Testing: mixed, medium. 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 owne… - Presumption of Denial Still Applies in Many Cases: cost, low. 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 mee… - Remote End-User Lists and IaaS Controls: cost, medium. 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 (inc… - More License Applications and Paperwork Burden: cost, low. 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 co… ## Related documents - [2026-20058](https://policyrisk.com/federal-register/2026-20058): Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request;…, 2026-09-30 - [2026-19927](https://policyrisk.com/federal-register/2026-19927): URAL Airlines JSC, Utrenniy Lane 1-g, Yekaterinburg, Russia 620025; Order Renewing Temporary Denial of Export Privileges, 2026-09-29 - [2026-19537](https://policyrisk.com/federal-register/2026-19537): Measures To Restrict Stockpiling of Polysilicon and Polysilicon Derivatives Under Proclamation 11052, 2026-09-24 - [2026-19498](https://policyrisk.com/federal-register/2026-19498): Guidance and Procedures for Implementing Tariff Adjustments for Specialty Pharmaceuticals and Associated Pharmaceutical Ingredients and Tec…, 2026-09-23 - [2026-19021](https://policyrisk.com/federal-register/2026-19021): Azur Air, Office 29, Vzletnaya St. 57, Krasnoyarsk, Russia 660020; Order Renewing Temporary Denial of Export Privileges, 2026-09-17 - [2026-19020](https://policyrisk.com/federal-register/2026-19020): PJSC Aeroflot, 1 Arbat St., 119019, Moscow, Russia; Order Renewing Temporary Denial of Export Privileges, 2026-09-17 ## Sources - [2026-00789 on federalregister.gov](https://www.federalregister.gov/documents/2026/01/15/2026-00789/revision-to-license-review-policy-for-advanced-computing-commodities) - [2026-00789 as published (PDF)](https://www.govinfo.gov/content/pkg/FR-2026-01-15/pdf/2026-00789.pdf) ## Related - [Previous: 2026-00765, Roth In-Plan Conversions](https://policyrisk.com/federal-register/2026-00765) - [Next: 2026-00808, Removing an Obsolete, One-Time Reporting Requirement From the Regulations Gover…](https://policyrisk.com/federal-register/2026-00808) - [All Federal Register documents](https://policyrisk.com/federal-register) Source: PRIA, https://policyrisk.com/federal-register/2026-00789 (as of 2026-06-11).