Commerce Revises Semiconductor Export Policy to China
Summary
The Department of Commerce's Bureau of Industry and Security (BIS) has revised its licensing policy for semiconductor exports to China. Applications for specific advanced chips will now be reviewed on a case-by-case basis, provided certain national security and compliance requirements are met.
What changed
The Department of Commerce, through the Bureau of Industry and Security (BIS), has issued a final rule amending its export licensing policy for certain advanced semiconductors destined for China. Previously, exports of chips like the Nvidia H200 and AMD MI325X were restricted. Under the revised policy, these and similar chips may be approved for export on a case-by-case basis if applicants demonstrate that the export will not reduce global semiconductor production capacity available to U.S. customers, the Chinese purchaser has implemented robust export compliance procedures including customer screening, and the product has undergone independent third-party testing in the U.S. to verify performance and security.
This policy change directly impacts manufacturers and technology companies involved in exporting advanced semiconductors to China. Companies seeking to export these specific chips must now prepare to meet the new case-by-case review criteria, which include demonstrating no negative impact on U.S. supply, implementing strong internal compliance, and undergoing third-party testing. While the rule is effective immediately upon publication in the Federal Register, the specific requirements necessitate a proactive approach to compliance and application preparation. Failure to meet these conditions could result in license denial, impacting trade relationships and market access.
What to do next
- Review the specific requirements for case-by-case license review for advanced semiconductors exported to China.
- Ensure that any Chinese purchaser has adopted export compliance procedures, including customer screening.
- Verify that the product has undergone independent, third-party testing in the United States to confirm performance and security.
Source document (simplified)
FOR IMMEDIATE RELEASE | January 13, 2026 | Media Contact: [email protected]
Department of Commerce Revises License Review Policy for Semiconductors Exported to China
Download as PDF WASHINGTON, D.C. — Today the Department of Commerce’s Bureau of Industry and Security (BIS) issued a rule revising its licensing policy for semiconductor exports to China. BIS will now review export license applications for the Nvidia H200, AMD MI325X, and similar chips on a case-by-case basis provided certain security requirements are met.
Today’s rule follows President Trump’s December 8, 2025 announcement that the United States will allow the H200 and similar products to be shipped to approved customers in China to strengthen national security.
In order to qualify, license applicants must demonstrate that exporting these products to China will not reduce global semiconductor production capacity currently available to U.S. customers; that the Chinese purchaser has adopted export compliance procedures, including customer screening; and that the product has undergone independent, third-party testing in the United States to verify its performance and security.
Under Secretary for Industry and Security Jeffrey Kessler stated: “Export controls should evolve with changes in technology, while protecting national security. Permitting the sale of the H200 to China under controlled conditions will strengthen the American technology ecosystem.”
The text of the final rule is available on the Federal Register’s website here . The rule is effective immediately upon publication in the Federal Register. Relevant parties can direct questions to Lauren Weber Holley [email protected].
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