U.S. federal · In effect
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
Verified Checked against its sources on 3 sources quoted
- Where
- United States
- Agency
- Bureau of Industry and Security (BIS)
- Instrument
- Export control rules (series)
- Status
- In effect; export-control policy continues to change
- Issued
- January 15, 2026 (latest rule read); AI Diffusion Rule rescission announced May 13, 2025
- Effective
- January 15, 2026 (license review policy rule)
- Applies to
- AI chip manufacturers, exporters, cloud providers
- Sectors
- Semiconductor exports, AI computing
- Applicability
- Entities exporting controlled AI chips
- Enforcing authority
- BIS, Commerce Department
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
- January 15, 2026Issued
- October 16, 2026Checked against sources
- 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.
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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
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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
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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
Suggested citation. Eminence Scan, “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”, Eminence Growth Solutions, last verified October 16, 2026, https://eminencegrowthsolutions.com/tools/eminence-scan/record/fed-010/.
Using our research: you may read and quote Eminence Scan with credit to “Eminence Scan, Eminence Growth Solutions” and a link; all other rights reserved. Terms: Using our research.
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