US amends China semiconductor export licensing procedure

15 January 2026

The US Bureau of Industry and Security (BIS) has issued a final rule to amend its export licensing procedures for the export of semiconductors to China and Macau – press release.

The semiconductors covered by this rule are the Nvidia H200 and its equivalents, as well as less advanced chips. BIS’s policy has changed from a presumption of denial of exports to a case-by-case licence review policy for exports from the US to China/Macau. As part of the licensing process, exporters must show:

• The semiconductors are commercially available in the US at the time of publication of this rule

• There is sufficient supply of this product in the US

• 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 US

• The recipient has demonstrated sufficient security procedures; and

• The item undergoes independent, third-party testing in the United States to verify its performance specifications.

§ 742.6 and § 744.23 of the Export Administration Regulations (EAR) has been amended to reflect this change. See our US export control page for further information on the EAR.