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U.S. Commerce Department Tightens AI Chip License Rules for China-Headquartered Firms Abroad

The bureau said the rule still applies to China-headquartered firms abroad, while leaving data centers free to keep using existing chips.

  • On Sunday, the U.S. Commerce Department moved to close a year-old loophole that allowed companies to export advanced semiconductors, including Nvidia's Rubin and Blackwell processors and AMD's MI350x, to Chinese-headquartered entities located outside China.
  • This regulatory gap emerged in May 2025 when the department opted not to enforce the AI Diffusion rule, a policy established during the final days of the Biden administration to govern global access to AI chips.
  • Chris McGuire, a Council on Foreign Relations Senior Fellow, called the oversight a "HUGE problem," noting Chinese companies likely purchased chips at scale. One industry source estimated hundreds of thousands of units were exported during the year-long period.
  • New guidance now enforces license requirements for advanced chips to entities headquartered in China, regardless of their global location. However, the directive does not mandate that existing data centers cease using or servicing equipment already deployed.
  • While this clarification renders Blackwell shipments to these subsidiaries illegal, the extent of damage remains unclear. Nvidia reported that over 20% of its fiscal year 2026 compute revenue was still derived from China through intermediaries, underscoring ongoing market complexity.
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The US government wants to close a loophole in export restrictions for deliveries of sophisticated chips to China.

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Hacker Noon broke the news on Saturday, May 30, 2026.
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