US closes loophole that let advanced AI chips reach Chinese firms overseas for a year

Reviewed byNidhi Govil

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The US Department of Commerce moved to close a year-old loophole that allowed Nvidia's Blackwell and Rubin processors, plus AMD's MI350x chips, to reach Chinese entities outside China. Industry sources estimate hundreds of thousands of advanced AI chips may have been exported to subsidiaries in countries like Malaysia despite broader efforts to restrict China's access to AI technology.

US Department of Commerce Closes Year-Old Export Gap

The US Department of Commerce issued unexpected weekend guidance on Sunday to close a loophole that potentially allowed hundreds of thousands of advanced AI chips to reach Chinese firms operating outside China

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. The move targets Nvidia's most sophisticated Rubin processors and Blackwell processors, as well as AMD's MI350x chips, which may have been flowing to Chinese entities located in countries like Malaysia for almost a year

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Source: Benzinga

Source: Benzinga

The new guidance enforces license requirements for advanced AI chips to entities headquartered in China, even when those entities operate outside Chinese borders. One chip industry source with deep supply-chain knowledge estimated that the number of chips exported during this period reached the hundreds of thousands

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. This development contradicts broader US export controls designed to starve Chinese firms of semiconductors needed to develop critical AI capabilities.

How the Loophole Emerged Under Trump Administration

The Commerce Department created this opening when it announced in May 2025 that it would not enforce the AI Diffusion rule issued during the final days of the Biden administration

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. That rule governed global access to semiconductor technology. Chris McGuire, a technology expert and former State Department official, called this "a HUGE problem" in a social media post, noting that the loophole allowed Chinese firms overseas subsidiaries to buy Nvidia Blackwell chips without a license .

"Chinese companies have been buying these chips, very likely at scale," McGuire said

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. He later clarified that while the new guidance makes Blackwell shipments to China-headquartered companies outside China illegal again, assessing the full damage requires understanding how many Nvidia AI chip shipments have already occurred

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Implications for Nvidia and AMD Operations

The timing matters significantly for companies like Nvidia and AMD, which have substantial business interests in China despite existing restrictions. Nvidia CEO Jensen Huang recently emphasized China's significance as a market, and reports suggest that over 20% of Nvidia's fiscal year 2026 compute revenue still came from China through intermediaries

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. Neither Nvidia nor AMD immediately responded to requests for comment on the new guidance

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In an interesting twist, the new guidance does not require data centers to stop using the chips already deployed or cut off servicing of advanced computing items such as servers

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. This means that Chinese entities may continue operating the advanced AI chips they've already acquired, potentially maintaining their AI capabilities in the short term while future access becomes restricted.

Source: Reuters

Source: Reuters

What This Means for US-China Tech Competition

The year-long gap in enforcement raises questions about how much ground Chinese firms may have gained in AI development. The ability to access hundreds of thousands of cutting-edge semiconductors could have accelerated China's AI programs significantly, potentially undermining the strategic intent behind US export controls. The move to restrict China's access to AI technology through licensing now attempts to restore the original policy framework, but experts will be watching to see whether the damage from the loophole can be quantified and what steps might follow to address any technology transfer that occurred during this window.

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