U.S. issues AI chip guidance to close export loophole for D:5, Macau buyers
BIS clarified chip export licensing for D:5- or Macau-tied buyers, and Senate Democrats are pressing for oversight and testimony on enforcement.
The Commerce Department’s Bureau of Industry and Security said on May 31 that exporters still need a license for advanced computing items when the buyer is headquartered in Country Group D:5 or Macau, even if the company operates elsewhere. BIS said the requirement continues to apply under existing export-control rules unless a specific license exception is available.
The guidance is meant to close a possible workaround in U.S. AI chip controls. Reuters reported that the change could block shipments of advanced chips, including Nvidia’s Blackwell processors, to subsidiaries of Chinese companies located outside China. For chip suppliers, cloud providers, and compliance teams, the practical effect is more scrutiny of end users, ownership structures, and shipping destinations before a shipment moves.
Why BIS called it a clarification
BIS said the license requirement was first introduced in November 2023, then carried into the AI Diffusion Rule in January 2025. The agency also said it would not enforce the rule’s new compliance requirements in May 2025, but the weekend guidance says that non-enforcement approach does not erase the older requirement for D:5- or Macau-headquartered buyers.
BIS also said bona fide data-center operators do not need to stop using, storing, disposing of, or servicing advanced computing items because of this guidance, at least for now. That limits some immediate disruption even as the export review gets tighter.
Congress is already pushing for oversight
Senate Banking Democrats said on June 1 that Commerce Secretary Howard Lutnick should testify before the committee about enforcement. The statement did not set a hearing date, but it shows the policy has already moved into congressional oversight.
What to watch next
Businesses that move advanced chips now have to watch for more BIS detail, possible Senate follow-up, and any change in how licensing reviews are handled. The practical takeaway is simple: the guidance narrows a workaround, and companies tied to restricted jurisdictions may face more scrutiny even when they operate outside those places.
