Revision to License Review Policy for Advanced Computing Commodities

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. The semiconductors covered by this rule are the Nvidia H200 and its equivalents, as well as less advanced chips--provided that (1) the semiconductors are commercially available in the United States at the time of publication of this rule and (2) the exporter certifies that: there is sufficient supply of this product in the United States; production of this product for exports to China will not divert global foundry capacity for similar or more advanced products for end users in the United States; the recipient has demonstrated sufficient security procedures; and the item undergoes independent, third-party testing in the United States to verify its performance specifications.