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U.S. Closes Loophole That Allowed Advanced AI Chips to Reach China-Headquartered Firms

The Commerce Department now requires export licenses for shipments to companies headquartered in China when recipients are abroad, signaling a tougher U.S. posture on top-tier Nvidia and AMD processors.

Overview

  • The Bureau of Industry and Security at the Commerce Department issued guidance that treats exports to firms headquartered in China as requiring a license even when the physical recipient is a foreign subsidiary.
  • The guidance preserves the operation and maintenance of AI systems already delivered so data centers do not have to shut down existing servers.
  • The gap dates to a 2025 suspension of enforcement that industry sources say let the most advanced chips, including Nvidia Rubin and Blackwell models and AMD MI350x, be routed to China-linked branches overseas.
  • An industry insider and reporting estimate that large volumes of high-performance chips may already have reached Chinese AI firms’ foreign affiliates, a reality that will complicate verification and compliance for manufacturers and exporters.
  • The move tightens U.S. control over critical AI hardware and could reshape commercial access, revenue for firms such as Nvidia, and supply-chain checks as regulators and companies work to prevent further diversion to China-headquartered entities.