US AI chip export controls are rules from the Commerce Department’s Bureau of Industry and Security (BIS) that require a license to ship the most capable AI accelerators, the servers built around them, and high-bandwidth memory to certain countries and companies. The core controls sit under two Export Control Classification Numbers, ECCN 3A090 for advanced computing chips and ECCN 4A090 for computers that contain them, and they have been rewritten several times since October 2022. This page summarizes what the official documents say as of October 2026; it is not legal advice.

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What ECCN 3A090 and 4A090 cover

The Export Administration Regulations (EAR) sort controlled items into ECCNs. BIS refers to 3A090 and 4A090, together with related “.z” paragraphs, as “advanced computing items.” In its guidance BIS calls the chips themselves “3A090 ICs,” meaning integrated circuits; 4A090 covers computers and systems that contain them.

Whether a chip falls under 3A090 depends on performance, not on brand. The October 2023 rule replaced the original “bits x TOPS” metric with a single measure, Total Processing Performance (TPP), and set the main threshold at a TPP of 4,800. A December 2024 rule added paragraph 3A090.c for high-bandwidth memory (HBM) stacks with a memory bandwidth density above 2 GB per second per square millimeter, so HBM is now controlled as an item in its own right, not only as part of an accelerator.

For a vendor-by-vendor view of the accelerators these thresholds apply to, see the AI chips catalog.

How the rules were built, 2022 to 2026

The framework in force today is the result of layered rules, guidance and one rescission.

Date Document What it did
Oct 7, 2022 Interim final rule, 87 FR 62186 First controls on advanced computing items and chipmaking equipment
Oct 25, 2023 (effective Nov 17, 2023) Interim final rule, 88 FR 73458 Replaced “bits x TOPS” with TPP (threshold 4,800); extended controls to Country Groups D:1, D:4 and D:5, excluding A:5 and A:6
Dec 5, 2024 (effective Dec 2, 2024) Interim final rule, 89 FR 96790 Added HBM as ECCN 3A090.c
Jan 15, 2025 “AI Diffusion Rule” Issued with a compliance date of May 15, 2025
May 13, 2025 BIS announcement and three guidance documents Rescinded the AI Diffusion Rule before it applied; promised a replacement rule
Jan 15, 2026 Rule, 91 FR 1684 Case-by-case review for some chips to China and Macau
May 31, 2026 BIS guidance Confirmed enforcement of the headquarters-based requirement
Jul 14, 2026 (effective Jul 10, 2026) Rule on the UAE Moved the UAE to Country Group A:5; approved-entity list for AI chips

What is enforced as of October 2026

Two kinds of license requirement apply to 3A090 and 4A090 items, and BIS treats them differently.

Destination-based requirements. After rescinding the AI Diffusion Rule in May 2025, BIS said it would enforce the destination-based license requirement only for Country Groups D:1, D:4 and D:5, excluding countries also listed in A:5 or A:6. The July 2026 UAE rule restates this: BIS “is only enforcing this license requirement to destinations in Country Groups D:1, D:4, or D:5 (excluding those also specified in Country Groups A:5 or A:6),” citing the guidance of May 13, 2025 and May 31, 2026.

Headquarters-based requirements. A license is also required to export advanced computing items to any entity headquartered in Country Group D:5 or Macau, or whose ultimate parent is headquartered there, wherever the entity itself is located. BIS’s guidance of May 31, 2026 says this control dates from November 17, 2023, continues to apply under § 742.6(a)(6)(iii)(A), and is being enforced; exporters should “continue to seek BIS licenses for such transactions.” The same guidance says bona fide data-center operators do not have to stop the ongoing use, storage, disposal or servicing of such items because of it, “until further notice.”

China and Macau: case-by-case for some chips. The January 15, 2026 rule changed the license review policy for certain chips bound for China and Macau from a presumption of denial to case-by-case review. It applies to chips with a TPP below 21,000 and total DRAM bandwidth below 6,500 GB/s; BIS names the Nvidia H200 and AMD MI325X as examples. Applicants must certify, among other things, that U.S. supply is sufficient, that production for China will not divert global foundry capacity, that the recipient has adequate security procedures, and that each shipment is reviewed by a qualified third-party testing lab. Aggregate exports are capped at 50% of U.S. domestic shipments of the product.

Chips made in China: the GP10 guidance

One of the May 13, 2025 guidance documents addresses chips flowing the other way. It names the Huawei Ascend 910B, 910C and 910D and says such chips “were likely developed or produced in violation of U.S. export controls.” BIS warns that using them without authorization “risks violating U.S. export controls,” under General Prohibition 10, and could lead to enforcement action. It says it will not pursue parties that obtain such a chip solely for technical analysis or evaluation, such as destructive testing.

The July 2026 UAE rule

The rule published on July 14, 2026 (“Enhanced Favorable Treatment for the United Arab Emirates under the Export Administration Regulations”) took effect on July 10, 2026. It:

  • removes the UAE from Country Groups D:3 and D:4 and adds it to Country Group A:5;
  • makes License Exception Strategic Trade Authorization (STA) available to the UAE government and approved commercial entities for certain items;
  • keeps a license requirement for ECCN 3A090.a and 4A090.a items (and related .z items) going to the UAE, except when “the ultimate consignee and all end users are approved entities in the UAE listed in supplement no. 8 to part 740”;
  • creates that supplement, listing UAE government agencies, two UAE companies and eight U.S.-headquartered companies with their UAE subsidiaries.
Approved entity (supplement no. 8 to part 740) Type
UAE government agencies, incl. Ministry of Defense and Armed Forces Government
Group 42 Holding Ltd (G42) UAE company
Core42 Technology Projects LLC (Core42) UAE company
Amazon.com, Apple, Google, Meta Platforms, Microsoft, OpenAI Group PBC, Oracle, X.AI U.S.-headquartered companies and their UAE subsidiaries

In practice, the listed companies can receive the covered chips in the UAE without an individual license, while other recipients there still need one. Data-center projects by these companies are listed in the AI data centers tracker as the owners announce them, and the AI companies directory profiles the labs and chipmakers involved.

What the rules do not do

The controls restrict exports, re-exports and transfers of specific items to specific destinations and entities. They do not ban the chips themselves or set their prices. The AI Diffusion Rule never took effect: BIS rescinded it before its May 15, 2025 compliance date and said it “will issue a replacement rule in the future.” As of October 2026, the official pages cited here describe enforcement in terms of the 2023 country groups, the headquarters test, the January 2026 China policy and country-specific rules such as the one for the UAE.

Because BIS changes these rules through interim final rules and guidance, the Federal Register and bis.gov are the authoritative record. Anyone with a specific shipment or customer should read the current text of the EAR and get qualified advice; this summary is not legal advice.

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