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U.S. BIS revises license review policy for exports of certain semiconductors to China and Macau

Change from a presumption of denial to case-by-case review

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january 13, 2026

The Bureau of Industry and Security (BIS) of the U.S. Department of Commerce today released a final rule 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 include the Nvidia H200 and its equivalents, as well as less advanced chips, provided they are commercially available in the United States at the time of publication of the final rule and the exporter certifies that:

  • There is sufficient supply of the product in the United States
  • Production of the 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
  • The item undergoes independent, third-party testing in the United States to verify its performance specifications
For more information, contact a professional with KPMG Trade & Customs services:

 

Andrew Siciliano
Partner, U.S. & Global Practice Leader

E: asiciliano@kpmg.com

Doug Zuvich
Partner

E: dzuvich@kpmg.com

Irina Vaysfeld
Principal

E: ivaysfeld@kpmg.com

John L. McLoughlin
Principal

E: jlmcloughlin@kpmg.com

Luis (Lou) Abad
Principal

E: labad@kpmg.com

George Zaharatos
Principal

E: gzaharatos@kpmg.com

Christopher Young
Principal

E: christopheryoung@kpmg.com

Amie Ahanchian
Principal

E: aahanchian@kpmg.com

Gisele Belotto
Principal

E: gbelotto@kpmg.com

Steve Brotherton
Principal

E: sbrotherton@kpmg.com

Jessica Libby
Principal

E: jlibby@kpmg.com

Dawn Olesky
Principal

E: dolesky@kpmg.com

Frances Xing
Principal

E: francesxing@kpmg.com

 

 

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