US Export Controls on AI Servers & Advanced Chips

This guide explains how U.S. export controls apply to AI servers and advanced computing hardware, covering the key regulations, licensing requirements, and compliance steps. You’ll learn what triggers export control, how to classify your hardware, and how to avoid common pitfalls.

What You’ll Need

Detailed technical specifications of your hardware (processor model, GPU model, interconnect bandwidth, memory capacity, etc.)
The Export Control Classification Number (ECCN) for your item, if already assigned
The destination country and end-user information
Access to the U.S. Bureau of Industry and Security (BIS) website for current regulations
An understanding of your item’s technical parameters (e.g., TOPS, FLOPS, aggregate bidirectional bandwidth)
If applicable, your company’s export compliance program or legal counsel

Step-by-Step

Identify if your hardware is controlled. Start by checking whether your AI server or advanced computing component falls under the Export Administration Regulations (EAR). Most advanced computing items are classified under ECCN 3A090 (for chips) or 4A090 (for servers and systems) due to their performance thresholds. If your item meets or exceeds these thresholds, it is controlled.
Determine the ECCN. If your item is not already classified, you must classify it. For AI chips, look at the aggregate bidirectional transfer rate (e.g., 600 GB/s) and total processing performance (e.g., 4800 TOPS). For servers, check if they incorporate such chips. Use the Commerce Control List (CCL) to find the correct ECCN. If you’re unsure, you can request a formal classification from BIS or use the online SNAP-R system.
Check the destination country. Export controls are not universal. Check the Commerce Country Chart to see if a license is required for your ECCN to the destination. Many advanced computing items require a license for China, Russia, and other countries listed under Country Group D:5, but may not require a license for most other destinations.
Assess the end-user and end-use. Even if the country does not require a license, you must screen the end-user against the Entity List, Denied Persons List, and Unverified List. Also, consider the end-use: if the hardware is for a military end-use or a nuclear/missile program, additional license requirements may apply.
Apply for a license if required. If a license is required, submit an application through the SNAP-R online system. Provide all necessary technical details, end-user information, and a clear description of the item. Include a justification for why the export is acceptable, such as for civilian use in a non-restricted country.
Implement compliance measures. Even if no license is required, you must maintain records of your export transactions, including the ECCN, destination, and end-user. Implement internal controls to prevent unauthorized exports, such as screening procedures and training for staff.
Monitor for regulatory changes. Export controls on AI hardware are evolving. Regularly check BIS updates and Federal Register notices for changes to thresholds, new ECCNs, or new license requirements. Adjust your compliance program accordingly.

Common Mistakes

Assuming all AI hardware is controlled. Only items meeting specific performance thresholds are controlled. A low-performance chip may not be controlled at all.
Misinterpreting the technical parameters. The thresholds are based on specific metrics like TOPS (trillions of operations per second) and aggregate bidirectional transfer rate. Using the wrong metric or miscalculating can lead to incorrect classification.
Ignoring the end-user screening. Even if the country is fine, exporting to a denied party is a violation. Always screen the end-user.
Overlooking the ‘deemed export’ rule. If a foreign national (from a controlled country) will access the hardware in the U.S., that may be considered a deemed export and require a license.
Not keeping records. Export records must be kept for at least five years. Failure to do so can result in penalties.

Tips

Use the BIS ‘SNAP-R’ system for license applications. It’s the official online portal and streamlines the process.
Keep a technical file for each product. Document the exact specifications that determine the ECCN. This helps with future exports and audits.
When in doubt, apply for a license. If you’re unsure whether a license is required, applying is safer than risking a violation. BIS may issue a ‘no license required’ determination.
Consider using a freight forwarder with export compliance expertise. They can help with documentation and screening, but you remain responsible for compliance.

Troubleshooting

License application is denied. Review the denial reason. You may have provided insufficient technical detail or the end-user may be a concern. You can appeal the decision or modify your application with more information.
You discover you exported without a required license. Contact BIS immediately. Voluntary self-disclosure can mitigate penalties. Do not attempt to hide the violation.
Your item’s classification is unclear. Request a formal classification from BIS. This is a binding determination and eliminates guesswork.
Your customer asks for a different ECCN than you calculated. Double-check your calculations and the CCL. If you still disagree, you can ask BIS for an advisory opinion.

Frequently Asked Questions

Do all AI servers require an export license?

No. Only those that meet or exceed the performance thresholds in ECCN 4A090 (or contain chips under 3A090) are controlled, and even then, a license is only required for certain destinations and end-uses.

What is the difference between 3A090 and 4A090?

3A090 covers integrated circuits (chips) with specific performance characteristics, while 4A090 covers computers, servers, and systems that incorporate such chips. A server with a 3A090 chip is usually classified as 4A090.

How do I calculate TOPS for a chip?

TOPS (trillions of operations per second) is typically provided by the manufacturer. If not, you can calculate it as the number of operations per clock cycle times the clock speed, but it’s best to use the manufacturer’s official figure.

What is the ‘deemed export’ rule?

It means that releasing controlled technology to a foreign national in the U.S. is treated as an export to that person’s home country. So if a Chinese national will access your AI server in the U.S., you may need a license for China.

Can I export to a company that is on the Entity List?

Generally, no. Exports to Entity List companies require a license, and such licenses are often denied. You must screen your customers against the Entity List.

What are the penalties for violating export controls?

Penalties can include fines up to $1 million per violation, imprisonment, and loss of export privileges. Civil penalties can also be substantial. It’s a serious compliance area.

Method: the standard formula for this calculation, rounded as each result states. See how the calculators work or report an error.

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