US Chip Export Controls: License Screening
The US is reportedly considering sweeping new chip export controls. BIS regulates semiconductor exports under EAR based on TOPS, technology node, and destination. Use this tool to screen whether your chip requires a license.
Ready to run the numbers?
Why: Chip export controls are complex and change frequently. A single parameter (TOPS, node, destination) can determine whether you need a license. This calculator helps you screen before engaging legal counsel.
How: We apply BIS EAR logic: TOPS > 4800, technology node < 14nm, destination tier, and end-use screening. Results are indicative only; formal classification requires BIS or legal review.
Run the calculator when you are ready.
Quick Examples
Nvidia H200 to China
High-performance AI chip exceeding TOPS threshold for restricted destination.
AMD MI325X to India
Data center AI accelerator to allied nation. May qualify for license exception.
Consumer GPU to EU
Consumer gaming GPU below TOPS threshold. Generally no license required.
Edge AI Chip to Singapore
Low-power edge inference chip to D5 country. Low risk.
FPGA to Taiwan
Programmable logic for manufacturing. Taiwan is D5; check end-use.
Custom ASIC to Saudi Arabia
Custom AI chip for oil & gas. D3 country with military end-use scrutiny.
Chip Specifications
Export Details
Screening Summary
Compliance Checklist
- Obtain BIS commodity classification
- Screen end-user against Entity List
- Document end-use and end-user
- Apply for license or verify exception
Alternative Options
- Consider D4/D5 destination or downgraded specs
Export License Screening
5nm node restricted for D1 destinations; Memory bandwidth (900 GB/s) combined with TOPS triggers control; Destination China is D1 (highest restriction tier)
For educational and informational purposes only. Verify with a qualified professional.
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CalculateWhat Are US Chip Export Controls?
The Bureau of Industry and Security (BIS) regulates semiconductor exports under the Export Administration Regulations (EAR). Chips exceeding performance thresholds (TOPS, technology node, memory bandwidth) or destined for restricted countries require export licenses.
TOPS Threshold (4,800)
AI chips exceeding 4,800 TOPS at FP16 or equivalent precision are controlled under ECCN 3A090. The threshold was established in October 2022 and applies to exports to China, Russia, and other D1 countries.
Technology Node Restrictions
Chips manufactured at 14nm or below are restricted for D1 and D3 destinations. This includes logic chips, memory, and certain FPGAs. Wafer-level packaging and advanced interconnects may also trigger controls.
Destination Country Tiers
BIS groups countries by restriction level. D1 (China, Russia, Iran, North Korea) faces the strictest controls. D5 (EU, UK, Japan, Taiwan, Singapore) generally has fewer restrictions for commercial chips.
End-Use and End-User Screening
Military, surveillance, or nuclear end-uses trigger additional controls. Government end-users in certain countries require enhanced due diligence. Screen against the Entity List, Denied Persons List, and Unverified List before export.
ECCN Classification
3A090 covers advanced computing chips; 4A090 covers supercomputer components. Use the BIS Commodity Classification Automated Tracking System (CCATS) or consult a trade compliance professional for formal classification.
3A090: Integrated circuits with >4800 TOPS or >600 GB/s interconnect
4A090: Computers containing 3A090 chips
EAR99: Most items not listed elsewhere; no license for most destinations
License Exceptions
License Exception ENC may apply for encryption-capable chips. TSU covers mass-market software. Some civil end-uses in D4/D5 may qualify for license exceptions. Always document your exception eligibility.
Penalties and Compliance
EAR violations can result in civil penalties up to $300,000 per violation, criminal prosecution, and denial of export privileges. Implement a robust export compliance program including screening, training, and recordkeeping.
- Civil: Up to $300,000 or twice transaction value per violation
- Criminal: Fines and up to 20 years imprisonment for willful violations
- Denial order: Prohibition on future exports
Re-export and De minimis Rules
US-origin content in foreign-made products may trigger EAR. The de minimis rule allows certain foreign products with limited US content to be exported without a license. Re-export from a foreign country to a restricted destination may still require US authorization.
CHIPS Act and Domestic Manufacturing
The CHIPS and Science Act of 2022 provides incentives for domestic semiconductor manufacturing. Export controls complement these efforts by limiting the transfer of advanced chip technology to geopolitical rivals. Companies receiving CHIPS funding must comply with additional restrictions on expansion in China.
Comparison: Screening vs Formal Classification
| Aspect | This Calculator | BIS CCATS | Legal Counsel |
|---|---|---|---|
| Purpose | Preliminary screening | Formal classification | Compliance advice |
| Binding | No | Yes (for requester) | Case-specific |
| Cost | Free | Free | Fee-based |
| Turnaround | Instant | 30-60 days | Varies |
Disclaimer: This calculator is for educational screening only. Always obtain formal BIS classification and legal advice before exporting. Regulations change frequently.
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