[Federal Register Volume 91, Number 10 (Thursday, January 15, 2026)]
[Rules and Regulations]
[Pages 1684-1689]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-00789]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 742, 744, and 748
[Docket No. 260112-0028]
RIN 0694-AK43
Revision to License Review Policy for Advanced Computing
Commodities
AGENCY: Bureau of Industry and Security, Department of Commerce.
ACTION: Final rule.
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[[Page 1685]]
SUMMARY: The Bureau of Industry and Security (BIS) is revising its
license review policy for exports of certain semiconductors to China
and Macau--changing it from a presumption of denial to a case-by-case
review. The semiconductors covered by this rule are the Nvidia H200 and
its equivalents, as well as less advanced chips--provided that (1) the
semiconductors are commercially available in the United States at the
time of publication of this rule and (2) the exporter certifies that:
there is sufficient supply of this product in the United States;
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 United States; the recipient has demonstrated sufficient security
procedures; and the item undergoes independent, third-party testing in
the United States to verify its performance specifications.
DATES: Effective date: The effective date of this rule is January 15,
2026.
FOR FURTHER INFORMATION CONTACT:
For general questions, contact Regulatory Policy Division,
Office of Exporter Services, Bureau of Industry and Security, U.S.
Department of Commerce at 202-482-2440 or by email: [email protected].
For Category 3 technical questions, contact Carlos Monroy
at 202-482-3246 or by email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
Consistent with U.S. national security and foreign policy
objectives, which recognize the need to maintain the United States'
technological superiority, BIS is adjusting the license review policy
to case-by-case for exports of certain commercially available advanced
computing commodities to end-users located in China and Macau. BIS
finds this action necessary to ensure the national security benefits of
U.S. leadership in artificial intelligence (AI).
Specifically, for advanced computing commodities with a TPP less
than 21,000 (as defined in Technical Note 2 to 3A090.a and 3A090.b),
and a `total DRAM bandwidth' less than 6,500 GB/s (as defined in the
notes to paragraph (dd)(1) in supplement no. 2 to part 748), such as
the NVIDIA H200 or AMD MI325X, this final rule specifies certain
conditions that, if satisfied, allow for license applicants to move
from a presumption of denial to a case-by-case license review policy
for exports from the United States destined to China or Macau.
This rule maintains a presumption of denial licensing policy for
exports to end-users located outside of Macau or destinations in
Country Group D:5 to entities that are headquartered or have a parent
company headquartered in Macau or a destination in Country Group D:5.
As part of the licensing process associated with the new case-by-
case license review policy, the applicant must certify and provide
necessary supporting data, that:
the items operate below the performance criteria included
in this final rule and specify how many units of the items have been
shipped in the United States at the time of license application;
there is sufficient supply of the product in the United
States such that export of the product authorized by this license would
not result in any delay in fulfilling any existing or new orders of any
of its ``advanced-node integrated circuits'' from customers in the
United States for end use in the United States (taking into account
normal lead times); that global foundry capacity that would otherwise
be used to produce similar node or more advanced integrated circuits
for end users in the United States will not be diverted to produce the
commodities authorized by this license for exports to China;
the aggregate shipments of the product to China and Macau
will be no more than 50% of the total product shipped to customers for
end use in the United States of that product;
the transaction is not prohibited by end user/use controls
and controls for nonmilitary end uses/end-users;
the ultimate consignee will employ rigorous Know Your
Customer (KYC) procedures to screen and prevent unauthorized remote
access to unauthorized parties (e.g., prohibited part 744 parties); and
prior to export from the United States, every shipment of
advance computing commodities will be reviewed by a qualified third-
party testing lab to confirm the technical capabilities and functions
of the AI commodities described in the exporter's license application.
The applicant must also provide a list of remote end users located
in Belarus, China, Cuba, Iran, Macau, North Korea, Russia, and
Venezuela, or whose ultimate parent company is headquartered in,
Belarus, China, Cuba, Iran, Macau, North Korea, Russia, and Venezuela.
Based on the records and information provided as part of the
application process, BIS and reviewing agencies will determine, on a
case-by-case basis, whether to approve or deny the license of these
specific commodities.
II. Revisions to Sec. 742.6 Regional Stability
Section 742.6 (Regional stability) is being amended to provide a
case-by-case licensing policy for license applications for certain
advanced computing commodities described in Sec. 742.6(a)(6)(iii). BIS
is revising paragraph (b)(10)(iii)(A)(1) to include a case-by-case
license review policy for license applications to export from the
United States commodities with a TPP less than 21,000, and a `total
DRAM bandwidth' less than 6,500 GB/s (e.g., NVIDIA H200 or AMD MI325X),
when destined to end-users located in either China or Macau, provided
certain conditions are met. The additional conditions are set forth in
supplement no. 2 to part 748 and described in section IV of this rule;
they are intended to protect U.S. national security interests while
allowing for a discretionary case-by-case licensing policy. These
additional conditions will provide additional transparency on the
commodities being exported and are intended to ensure that the advanced
computing capabilities of the destination country do not exceed the
capabilities or supply capacity of the United States, or negatively
impact the global foundry capacity that would otherwise be used to
produce similar node or more advanced integrated circuits, in a way
that would be detrimental to U.S. national security interests. For
reexports (including exports from abroad) and transfers (in-country) of
AI commodities subject to the EAR with a TPP less than 21,000, and a
`total DRAM bandwidth' less than 6,500 GB/s, when destined to either
Macau or a destination specified in Country Group D:5, the licensing
policy remains a presumption of denial. For exports to entities that
are headquartered or have a parent company headquartered in Macau or a
destination in Country Group D:5, including end-users located outside
of destinations in Country Group D:5 or Macau, the licensing policy is
a presumption of denial. If a license application meets the criteria of
more than one licensing policy, then this licensing policy and its
requirements will apply. This final rule also makes a conforming change
for case-by-case review policy under Sec. 744.23 with revised Sec.
742.6(b)(10)(iii). See Section III for more details.
[[Page 1686]]
III. Revisions to Sec. 744.23 ``Supercomputer,'' ``Advanced-Node
Integrated Circuits,'' and Semiconductor Manufacturing Equipment End
Use Controls
This final rule makes a change to add a case-by-case license review
policy based on the case-by-case license review policy described in
Sec. 742.6(b)(10)(iii) of the EAR. This final rule makes this change
in Sec. 744.23(d) (License review standards) by redesignating
paragraph (d)(3)(iii) as new paragraph (d)(3)(iv) and adding a new
paragraph (d)(3)(iii) to specify that license applications for items
specified in Sec. 744.23(a)(3)(i)(A) that meet the criteria for case-
by-case license review under Sec. 742.6(b)(10)(iii), will also be
reviewed on a case-by-case basis for purposes of Sec. 744.23. This
final rule also includes a change that removes ``or'' at the end of
paragraph (d)(3)(ii) and revises newly redesignated paragraph
(d)(3)(iv) to add a reference to paragraph (d)(3)(iii).
IV. Supplement No. 2 to Part 748--Unique Application and Submission
Requirements
This final rule adds paragraph (dd) to supplement no. 2 to part 748
to set forth the conditions that enable moving from a license review
policy of presumption of denial to one of case-by-case for exports of
advanced-node ICs with a TPP less than 21,000, and a `total DRAM
bandwidth' less than 6,500 GB/s, from the United States to end-users
located in China or Macau.
BIS will require, prior to export from the United States, that an
exporter confirm as part of the license application process that the AI
commodities described in their license application will be reviewed by
a qualified third-party testing lab to confirm the technical
capabilities and functions of the AI commodities described in the
exporter's license application. Such a review can be performed by a
representative sampling of a batch of semiconductors chosen by the lab,
rather than the lab reviewing every individual semiconductor that the
exporter intends to export. Third-party testing labs are independent
organizations that evaluate products to ensure they meet quality,
safety, and regulatory standards, and their impartiality sets them
apart from in-house testing facilities. Because third-party testing
labs must be free from any ties to manufacturers or suppliers, these
labs provide unbiased assessments to produce test results that are
credible and reliable.
Among the qualifications for a third-party testing lab, it must be
headquartered in the United States, not otherwise under the control of
a company or other entity headquartered in or whose ultimate parent
company or other entity is headquartered in Country Group D:5 or Macau,
and the testing must take place in the United States. Further, the lab
must not have any financial interest or ownership in any party to the
transaction, and it must have the expertise to confirm that
representations made on the technical capabilities and functions of the
AI commodities described in the exporter's license application--
including but not limited to the `total processing performance,' `total
DRAM bandwidth,' `interconnect bandwidth,' and `copackaged DRAM
capacity'--are accurate. Paragraph (dd)(3) of supplement no. 2 to part
748 describes the requirements and responsibilities of a third-party
testing lab for an exporter to obtain the case-by-case licensing policy
review described in Sec. 742.6(b)(10)(iii)(A)(1).
The export application must clearly enumerate KYC and physical
security measures adopted by the ultimate consignee/customer and
stipulate that the receiving facility will also manage and limit
Infrastructure as a Service (including AI model training and inference)
for its customers to prevent unauthorized access to these advanced
computing commodities.
In Sec. 748.8 ``Unique application and submission requirements,''
this final rule adds a conforming change for the addition of new
paragraph (dd) in supplement no. 2 to part 748, by adding a new
paragraph (bb) (Export license application for advanced computing
commodities) to make export license applicants aware of this new
application requirement.
Export Control Reform Act of 2018 (ECRA)
On August 13, 2018, the President signed into law the John S.
McCain National Defense Authorization Act for Fiscal Year 2019, which
included the Export Control Reform Act (ECRA) (codified, as amended, at
50 U.S.C. 4801-4852). ECRA provides the legal basis for BIS's principal
authorities and serves as the authority under which BIS issues this
rule. In particular, and as noted elsewhere, Section 1753 of ECRA (50
U.S.C. 4812) authorizes the regulation of exports, reexports, and
transfers (in-country) of items subject to U.S. jurisdiction. Further,
Section 1754(a)(1)-(16) of ECRA (50 U.S.C. 4813(a)(1)-(16)) authorizes,
inter alia, the establishment of a list of controlled items; the
prohibition of unauthorized exports, reexports, and transfers (in-
country); the requirement of licenses or other authorizations for
exports, reexports, and transfers (in-country) of controlled items;
apprising the public of changes in policy, regulations, and procedures;
and any other action necessary to carry out ECRA that is not otherwise
prohibited by law. Pursuant to Section 1762(a) of ECRA (50 U.S.C.
4821(a)), these changes can be imposed in a final rule without prior
notice and comment.
Rulemaking Requirements
1. This rule has been determined to be significant pursuant to
section 3(f) of E.O. 12866. Although it is a ``significant regulatory
action'' for purposes of E.O. 12866, this rule is exempt from the
requirements of E.O. 14192, because its primary direct benefit is to
improve national security, per section 5(a) of E.O. 14192.
2. Notwithstanding any other provision of law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C.
3501 et seq.), unless that collection of information displays a
currently valid Office of Management and Budget (OMB) Control Number.
This rule involves the following OMB-approved collections of
information subject to the PRA:
0694-0088, ``Multi-Purpose Application,'' which carries a
burden hour estimate of 29.7 minutes for a manual or electronic
submission;
0694-0096 ``Five Year Records Retention Period,'' which
carries a burden hour estimate of less than 1 minute;
0694-0122, ``Licensing Responsibilities and Enforcement;''
which carries a burden hour estimate of 10 minutes per electronic
submission;
0694-0137, ``License Exceptions and Exclusions;'' which
carries a burden hour estimate of 5 minutes per electronic submission;
and
0607-0152 ``Automated Export System (AES) Program,'' which
carries a burden hour estimate of 3 minutes per electronic submission.
The revision of license review policy for advanced computing
commodities will affect the collection under control number 0694-0088,
for the multipurpose application because of the increase of 100 more
license applications per year, because industry is more likely to
submit licenses when there is a case-by-case review versus a
presumption of denial license review policy. BIS estimates that these
changes will result in an increase in burden
[[Page 1687]]
hours of 28.3 hours. However, the increase in burden falls within the
existing burden estimates currently associated with these control
numbers. BIS also estimates a minimal increase under OMB control number
0694-0122 to account for the responsibility of the exporter to report
the results from third-party testing lab confirmation.
Changes impacting OMB control numbers 0694-0096, 0694-0137, and
0607-0152 are not expected to result in an increase in burden hours.
Additional information regarding these collections of information--
including all background materials--can be found at: https://www.reginfo.gov/public/do/PRAMain by using the search function to enter
either the title of the collection or the OMB Control Number.
3. This rule does not contain policies with federalism implications
as that term is defined in Executive Order 13132.
4. Pursuant to Section 1762 of ECRA (50 U.S.C. 4821), this action
is exempt from the Administrative Procedure Act (APA) (5 U.S.C. 553)
requirements for notice of proposed rulemaking, opportunity for public
participation, and delay in effective date.
5. Because a notice of proposed rulemaking and an opportunity for
public comment are not required to be given for this rule under the APA
(5 U.S.C. 553) or by any other law, the analytical requirements of the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) are not applicable.
Accordingly, no regulatory flexibility analysis is required, and none
has been prepared.
List of Subjects
15 CFR Part 742
Exports, Terrorism.
15 CFR Part 744
Exports, Reporting and recordkeeping requirements, Terrorism.
15 CFR Part 748
Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements, Terrorism.
For the reasons stated in the preamble, parts 742, 744, and 748 of
the Export Administration Regulations (15 CFR parts 730 through 774) is
amended as follows:
PART 742--CONTROL POLICY--CCL BASED CONTROLS
0
1. The authority citation for part 742 is revised to read as follows:
Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22
U.S.C. 7201 et seq.; 22 U.S.C. 7210; Sec. 1503, Pub. L. 108-11, 117
Stat. 559; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O.
12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 FR
59099, 3 CFR, 1994 Comp., p. 950; E.O. 13026, 61 FR 58767, 3 CFR,
1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783; Presidential Determination 2003-23, 68 FR 26459, 3 CFR, 2004
Comp., p. 320; Notice of November 5, 2025, 90 FR 50737 (November 7,
2025).
0
2. Section 742.6 is amended by revising paragraph (b)(10)(iii) heading
and paragraph (b)(10)(iii)(A)(1) to read as follows:
Sec. 742.6 Regional stability.
* * * * *
(b) * * *
(10) * * *
(iii) License review policy for items specified in paragraph
(a)(6)(iii) of this section.
(A)
(1) Policy for Country Group D:5 and Macau. There is a case-by-case
license review policy for license applications for exports of
commodities with a TPP (as defined in Technical Note 2 to 3A090.a and
3A090.b) less than 21,000, and a `total DRAM bandwidth' (as defined in
the notes to paragraph (dd)(1) in supplement no. 2 to part 748) less
than 6,500 GB/s, when destined to end-users located in China or Macau,
provided the applicant provides the additional information described in
supplement no. 2 to part 748 under paragraph (dd). All other
applications for exports, reexports, or transfers (in-country) will be
reviewed under a presumption of denial to or within Macau or
destinations specified in Country Group D:5 or to an entity
headquartered in, or whose ultimate parent company is headquartered in,
either Macau or a destination specified in Country Group D:5. If the
license application meets the criteria of more than one licensing
policy, then this licensing policy and its requirements will be
applied.
* * * * *
PART 744--CONTROL POLICY: END-USER AND END-USE BASED
0
3. The authority citation for part 744 is revised to read as follows:
Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22
U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR,
1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p.
608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 13026,
61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13099, 63 FR 45167, 3
CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp.,
p. 783; E.O. 13224, 66 FR 49079, 3 CFR, 2001 Comp., p. 786; Notice
of August 4, 2025, 90 FR 37999 (August 6, 2025); Notice of September
8, 2025, 90 FR 43903 (September 10, 2025); Notice of November 5,
2025, 90 FR 50737 (November 7, 2025).
0
4. Section 744.23 is amended by:
0
a. Revising paragraph (d)(3)(ii);
0
b. Revising paragraph (d)(3)(iii); and
0
c. Adding paragraph (d)(3)(iv).
These amendments to read as follows:
Sec. 744.23 ``Supercomputer,'' ``advanced-node integrated circuits,''
and semiconductor manufacturing equipment end use controls.
* * * * *
(d) * * *
(3) * * *
(ii) For items subject to the license requirements of this section
where there is a foreign-made item that is not subject to the license
requirements of this section and performs the same function as an item
subject to the EAR license requirements of this section;
(iii) For items specified in paragraph (a)(3)(i)(A) of this section
that meet the criteria for case-by-case license review under Sec.
742.6(b)(10)(iii)(A)(1); or
(iv) For all other applications not specified in paragraph (d)(1)
or (2) or (d)(3)(i), (ii), or (iii).
* * * * *
PART 748--APPLICATIONS (CLASSIFICATION, ADVISORY, AND LICENSE) AND
DOCUMENTATION
0
5. The authority citation for part 748 continues to read as follows:
Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228.
0
6. Section 748.8 is amended by adding paragraph (bb) to read as
follows:
Sec. 748.8 Unique application and submission requirements.
* * * * *
(bb) Export license application for AI commodities.
0
7. Supplement no. 2 to part 748 is amended by adding paragraph (dd) to
read as follows:
Supplement No. 2 to Part 748--Unique Application and Submission
Requirements
* * * * *
(dd) AI commodities. If you are submitting an application for
advanced computing commodities for export to end-users located in China
or Macau and want to have the application reviewed under the case-by-
case license review policy under (b)(10)(iii)(A)(1), the following
certification must be
[[Page 1688]]
provided as part of the license application. License applications that
are not supported by the certification described under this paragraph
or a commitment to submit the certificate prior to export, will be
reviewed under the presumption of denial license review policy
specified under Sec. 742.6(b)(10)(iii)(A)(1) of the EAR.
(1) Certification. To qualify for the case-by-case licensing policy
under Sec. 742.6(b)(10)(iii)(A)(1), for commodities with a TPP less
than 21,000, and a `total DRAM bandwidth' less than 6,500 GB/s the
license applicants must provide the following certifications that this
license application meets all of these requirements described under
paragraphs (dd)(1)(i) through (ix). BIS will routinely confirm the
accuracy of relevant elements of the following certifications, using
any methods it deems appropriate.
(i) The applicant provides the U.S. Government, at the time of the
license application, the total number of units of any AI commodity
described in the license application that were shipped to commercial
customers in the United States for end use in the United States. The
applicant must also provide the following performance specifications to
BIS in the license application: the TPP, the `total DRAM bandwidth',
the `interconnect bandwidth', `copackaged DRAM capacity' and the peak
power consumption at max TPP. The applicant must also provide an
explanation for any changes to the specifications for this model since
launched or previously shipped;
(ii) The applicant certifies and provides necessary supporting
data, showing that there are sufficient supplies of the product in the
United States such that any exports authorized by this license will not
be filled if doing so would result in any delay in fulfilling any
existing or new orders from customers in the United States for end use
in the United States for any of its ``advanced-node integrated
circuits'' products (taking into account normal lead times), and that
global foundry capacity that would otherwise be used to produce similar
node or more advanced integrated circuits for end users in the United
States will not be diverted to produce commodities authorized by this
license for exports to China;
(iii) The applicant shall supply evidence to BIS that, for the AI
commodities described in the license application, (i.e., as specified
by the TPP, the ``total DRAM bandwidth'', the ``interconnect
bandwidth'', ``copackaged DRAM capacity'' and the peak power
consumption at max TPP), the aggregate TPP of ``advanced-node integrate
circuits'' exported to China or Macau will be no more than 50 percent
of the aggregate TPP shipped to customers in the United States for end-
use in the United States for the same advanced computing commodities
from when such circuits started shipping to commercial U.S. customers
in the United States for end-use in the United States to the time of
the license application;
(iv) The applicant confirms the AI commodities described in the
license application are not for a `military end use', `military-
intelligence end use', `military end user', or `military-intelligence
end user' as those terms are defined in Sec. Sec. 744.21(f) and (g)
and 744.22(f)(1) and (f)(2), respectively, are not for a nuclear,
missile, or chemical or biological weapons end use or end user pursuant
to Sec. Sec. 744.2-4, the transaction does not involve a transaction
party subject to Sec. Sec. 744.8 or 744.11, and no parties subject to
Sec. Sec. 744.8, 744.11, or meeting the definition of a `military end
user' or `military-intelligence end user' as defined in Sec. Sec.
744.21(g) and 744.22(f)(2) will be granted remote access to the items;
(v) The applicant obtains a description of Know Your Customer
procedures from the ultimate consignee for the AI commodities described
in the license application to prevent remote access from end uses or
end users described in paragraph (dd)(1)(iv). The applicant must submit
this information to BIS.
(vi) Remote end users. The applicant provides BIS with a list of
any intended `Infrastructure-as-a-Service (IaaS) remote end users of
the AI commodities described in the license application, located in
Belarus, China, Cuba, Iran, Macau, North Korea, Russia, and Venezuela,
or an entity headquartered in, or whose ultimate parent company is
headquartered in the foregoing destinations. The applicant must obtain
this information from the ultimate consignee, or any other party to the
transaction, with knowledge about the remote end users necessary to
prevent unauthorized remote access from end users described in
paragraph (dd)(1)(iv);
(vii) Infrastructure-as-a-Service. If the ultimate consignee or end
user of the AI commodities described in the license application
provides IaaS, the applicant verifies (through the ultimate consignee,
if necessary) that the ultimate consignee or any Infrastructure-as-a-
Service end user:
(1) is compliant with paragraph (dd)(1)(iv);
(2) will not transfer model weights trained on the AI commodities
to any end user not previously disclosed on the license or without
authorization from BIS; and
(3) will not directly or indirectly provide a party described in
(dd)(1)(iv) with remote access to any algorithm trained on the AI
commodities;
(viii) Security demonstration. The applicant must describe the
physical security for the ultimate consignee of the AI commodities
described in the license application; and
(ix) The applicant confirms that, prior to export on an approved
license from the United States, every shipment of advanced computing
commodities described in this license application will be reviewed by a
qualified third-party testing lab who meets the qualifications
described in paragraph (dd)(3) of this supplement. The applicant shall
also provide BIS with the name and U.S. address of the third-party
testing lab in the certification prior to export from the United
States.
Notes to paragraph (dd)(1):
1. `Total DRAM bandwidth' refers to the aggregate memory bandwidth
in gigabytes per second between the IC and dynamic random access memory
(DRAM) ICs, including copackaged DRAM ICs and non-copackaged DRAM ICs.
Copackaged DRAM ICs include, for example, high bandwidth memory (HBM).
Non-copackaged DRAM ICs include, for example, graphics double data rate
(GDDR) ICs.
1.a. `Total DRAM bandwidth' does not include bandwidth from DRAM
ICs accessed remotely over an interconnect medium if that bandwidth is
included in the IC's `interconnect bandwidth'.
1.b. All bandwidth between the IC and DRAM ICs, regardless of
wherever those circuits are located and however those circuits are
accessed, that is not included in the IC's `interconnect bandwidth',
must be included in `total DRAM bandwidth'.
2. `Interconnect bandwidth' refers to the aggregate bidirectional
transfer rate over all of the IC's inputs and outputs, including but
not limited to connections over a system peripheral bus. `Interconnect
bandwidth' does not include bandwidth to other ICs on the same package.
(2) Submissions. License applicants must submit certifications to
BIS via SNAP-R prior to the export of the advanced computing
commodities from the United States.
(3) Third-party testing lab qualifications and confirmation.
(i) Third-party testing lab qualifications. A third-party testing
lab must meet all of the following criteria:
(A) The third-party testing lab must be headquartered in the United
States, not
[[Page 1689]]
otherwise under the control of a company or other entity headquartered
in or whose ultimate parent company is headquartered in Country Group
D:5 or Macau, and the testing must be conducted in the customs
territory of the United States;
(B) The third-party testing lab must not have any ownership or
financial stake in either the ultimate consignee, the exporter, or any
other party to the transaction, and not otherwise benefit from the
export other than by the fees they are paid for their testing service;
and
(C) The third-party testing lab must have the expertise to ensure
the representations made on the technical capabilities and functions of
the advanced computing commodities described in this license
application are accurate, including confirming that the `total
processing performance' (as defined in Technical Note 2 to 3A090.a and
3A090.b), the `total DRAM bandwidth', the `interconnect bandwidth', and
the `copackaged DRAM capacity' are at or below the specifications
described in the license application.
(ii) Third-party testing lab confirmation. Prior to any export from
the United States, the exporter must receive from the third-party
testing lab a certification confirming that the technical capabilities
and functions of the advanced computing commodities described in the
exporter's license application are accurate and submit that
certification to BIS in accordance with the certification prior to
export.
(iii) BIS may revoke the qualification of any third-party testing
lab at any time and for any reason. This could be communicated, for
example, in a letter to an exporter or a BIS publication such as
website guidance. Such revocation suspends the case-by-case license
review policy availability of Sec. 742.6(b)(10)(iii)(A)(1) for any
exporter working with that third-party testing lab until BIS is
notified by the exporter that a new qualified third-party testing lab
has been chosen pursuant to the terms of paragraph (dd)(3)(i) of this
supplement.
* * * * *
Julia A. Khersonsky,
Deputy Assistant Secretary for Strategic Trade.
[FR Doc. 2026-00789 Filed 1-13-26; 4:15 pm]
BILLING CODE 3510-33-P