BIS final rule 91 FR 1684 - Revision to License Review Policy for Advanced Computing Commodities (2026-01-15)

PRIMARY regulatory text, fetched as the raw .txt rendition from federalregister.gov (document 2026-00789, 91 FR 1684, effective 2026-01-15). The MECHANISM this source establishes, which is what an export-controlled supply record must name: BIS moved the license review policy for advanced computing commodities with TPP < 21,000 AND 'total DRAM bandwidth' < 6,500 GB/s - naming the NVIDIA H200 and AMD MI325X as the worked examples - from PRESUMPTION OF DENIAL to CASE-BY-CASE REVIEW, but ONLY for exports FROM THE UNITED STATES to end users located in China or Macau, and only on exporter certification of six conditions: (1) items operate below the performance thresholds and the applicant states how many units were shipped in the US; (2) sufficient US supply so the export does not delay existing US orders 'taking into account normal lead times'; (3) no diversion of global foundry capacity away from US end users; (4) aggregate China+Macau shipments no more than 50% of total US end-use shipments of that product; (5) no end-user/use-control prohibition; (6) ultimate consignee runs rigorous KYC procedures. New paragraph (dd) to supplement no. 2 to part 748 sets the application mechanics: certification submitted via SNAP-R prior to export, plus every shipment reviewed by a qualified third-party testing lab - which must be US-headquartered, must not be controlled by a D:5/Macau-headquartered entity, must hold no ownership or financial stake in any party to the transaction, and whose qualification BIS may revoke at any time - verifying TPP, total DRAM bandwidth, interconnect bandwidth and copackaged DRAM capacity. Reexports and in-country transfers of the SAME chips to China/Macau REMAIN PRESUMPTION OF DENIAL. Exports to entities headquartered or parented in D:5/Macau remain PRESUMPTION OF DENIAL even when the end user sits outside D:5. Note the rule's own supply-side hook, quoted from its condition (2): US supply sufficiency is assessed 'taking into account normal lead times' - i.e. the regulator treats lead time as a supply variable that an export licence can be conditioned on.