BIS export controls on advanced AI chips: Revision to License Review Policy for Advanced Computing Commodities (91 FR 1684) and rescission of the AI Diffusion Rule

Summary

This record tracks U.S. export controls on advanced AI chips. On May 13, 2025, the Bureau of Industry and Security announced it was rescinding the Biden administration's AI Diffusion interim final rule and would not enforce its compliance requirements, saying a replacement rule would follow. In a final rule effective January 15, 2026 (91 FR 1684), BIS changed its license review policy for exports to China and Macau of certain chips, the Nvidia H200 and equivalents and less advanced chips, from a presumption of denial to case-by-case review, subject to conditions including certifications about U.S. supply. Earlier controls on advanced computing chips from 2022 and 2023 remain in place.

Key dates

1. January 15, 2026Issued
2. October 16, 2026Checked against sources
3. October 21, 2026Checked against sources

Developments are added when the record is reviewed. Next review: January 15, 2027.

Evidence

Each passage is quoted from its source. The quoted passages are re-checked against the live pages every month.

1. These technical limits correspond to chips roughly at the level of NVIDIA's H200 GPU and AMD's MI325X accelerator, which BIS cites as examples of the covered semiconductors.

   Supports: H200 / MI325X examples

   BIS Revises Export Review Policy for Advanced AI Chips Destined for China and Macau Morgan Lewis Reporting or analysis

2. 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.

   Supports: Case-by-case review

   The semiconductors covered by this rule are the Nvidia H200 and its equivalents, as well as less advanced chips

   Supports: Covered chips

   Effective date: The effective date of this rule is January 15, 2026.

   Supports: Effective date

   Revision to License Review Policy for Advanced Computing Commodities Office of the Federal Register (federalregister.gov) Primary source

3. On May 13, 2025, the Department of Commerce’s Bureau of Industry and Security (BIS) announced a recission of the Biden administration’s January 15, 2025 Artificial Intelligence Diffusion Interim Final Rule

   Supports: AI Diffusion Rule rescission

   BIS announced that it intends to issue a replacement rule, but it is not clear when or what that rule will entail.

   Supports: Replacement rule pending

   AI Diffusion Rule Out but BIS Increases Compliance Obligations for Companies Morrison Foerster Reporting or analysis