U.S. export controls on advanced computing and AI model weights — sector application points for AI hardware

Build and maintain an item classification register covering advanced computing integrated circuits and their software and technology; high bandwidth memory (3A090.c with the corresponding 3D001 and 3E001), whose licence requirement for Macau and D:5 destinations does not apply to deemed exports or deemed reexports; and AI model weights (ECCN 4E091, a worldwide licence requirement whose licence requirement does not apply to deemed exports or deemed reexports for permanent regular employees of entities headquartered in specified destinations). The classification must be wired into procurement, cloud deployment and model release processes, so every new hardware model or model release passes the classification gate again.

Applies when

Legal, supply chain and release teams at AI chip and compute hardware vendors, model developers and cloud or compute service providers.

Evidence to retain

• · Item classification register mapping model to ECCN to licence requirement to the citing provision
• · Determination and technical rationale for whether model weights fall under 4E091
• · Reclassification triggers and review rules for new models, versions and destinations
• · Where applicable, advisory opinion requests submitted to BIS and the responses

Estimated first-time effort: 15–45 person-days (estimate, not a commitment)

Beyond list-based controls, a licence is required where the exporter has knowledge that the item is destined for: the development, production, operation, installation (including on-site installation), maintenance (checking), repair, overhaul or refurbishing of a supercomputer located in or destined to Macau or a Country Group D:5 destination; incorporation into, or the development or production of, any component or equipment to be used in such a supercomputer; the development or production of ICs destined to a facility located in Macau or a D:5 destination where production of advanced-node ICs occurs; and, where the technology node is unknown, Category 3 items in Product Groups B, C, D or E. Companies must translate this knowledge standard into workable customer due diligence questionnaires, red-flag lists and release gates.

Applies when

Chinese hardware and component suppliers shipping abroad, and teams providing installation, operations, repair or refurbishment services for overseas compute facilities.

Evidence to retain

• · End-user and end-use statement templates and the signed documents
• · Red-flag list and due diligence questionnaire covering supercomputer and advanced-node facility identification
• · Customer and destination screening records including restricted party screening
• · Release gate approval records and a ledger of refusals and escalations
• · Use confirmation records for installation, operations and repair services

Estimated first-time effort: 20–60 person-days (estimate, not a commitment)

From 15 January 2026 the licence review policy for exports to China and Macau of the Nvidia H200 and its equivalents and less advanced chips changes from presumption of denial to case-by-case, subject to two sets of conditions: the semiconductor must have been commercially available in the United States at publication of the rule; and the exporter must certify that there is sufficient supply of the product in the United States, that production for exports to China will not divert global foundry capacity for similar or more advanced products for U.S. end users, that the recipient has demonstrated sufficient security procedures, and that the item undergoes independent third-party testing in the United States to verify its performance specifications. Buyers should therefore agree the certification package, third-party testing arrangements and lead times with suppliers in advance, and write the review uncertainty into the delivery and excuse clauses of purchase contracts.

Applies when

Buyers deploying compute in China or Macau, and the exporters acting as applicants together with their Chinese affiliates.

Evidence to retain

• · Recipient security procedure documentation (physical security, access control, use restrictions, audit cooperation)
• · Agreed certification checklist and allocation of responsibility with the exporter
• · Arrangements and reports for independent third-party performance testing in the United States
• · Licence condition, delivery extension and excuse clauses in the purchase contract
• · Licence application status tracking and contingency records for alternative models or deployment locations

Estimated first-time effort: 10–40 person-days (estimate, not a commitment)

§742.6(a)(13) imposes a worldwide licence requirement for the export, reexport and in-country transfer of items under ECCN 4E091, and (b)(14) provides that applications are reviewed under a presumption of denial for end users headquartered, or with an ultimate parent headquartered, outside the destinations listed in paragraph (a) of supplement no. 5 to part 740. Companies must therefore control where model weights are stored, who can access them and how they move, bring who may download the weights, which region they are copied to and which entity controls them into access control and audit, and assess case by case whether overseas research collaborations, customer on-premises deployments or open releases amount to a controlled transfer.

Applies when

Model developers training or distributing controlled weights, companies offering on-premises deployment, and research teams sharing weights across borders.

Evidence to retain

• · Model weight asset register (version, storage region, controlling entity)
• · Access control policy and access logs for weights
• · Controlled-transfer assessments for cross-border transfers, on-premises deliveries and open releases
• · Deemed export applicability determinations for employees and collaborators
• · Licence application materials and end-user information where an application is required

Estimated first-time effort: 15–50 person-days (estimate, not a commitment)