BIS issues guidance on advanced computing license requirements for Country Group D:5 and Macau

BIS issued guidance clarifying that a license is required to export advanced computing items (ECCNs 3A090.a/b, 4A090.a/b) to entities headquartered in Country Group D:5 or Macau, or with an ultimate parent company headquartered in those regions—even if the entities themselves are located elsewhere. The guidance confirms that this license requirement under § 742.6(a)(6)(iii)(A) predates the AI Diffusion Rule and remains in effect. Bona fide data center operators are not required to cease ongoing use or storage of advanced computing items pending further BIS notice.