On Sunday, the U.S. Department of Commerce took steps to address a potential loophole that has existed for a year, which might have permitted companies to export cutting-edge chips—such as Nvidia's top-tier Rubin and Blackwell processors and AMD's MI350x—to Chinese entities situated outside of China.
This new directive indicates that some of the United States' most advanced AI chips may have been sent to subsidiaries of Chinese AI companies based in locations like Malaysia for nearly a year, countering the U.S. government's broader strategy to restrict the flow of critical semiconductors necessary for developing significant AI technologies in China.
The guidance was made publicly available on the Commerce Department's website over the weekend.
The exact volume of chips exported during this one-year period of regulatory leniency is not clear, but one industry insider with extensive knowledge of supply chains estimates the figures could rise into the hundreds of thousands.
In an unexpected move, the Commerce Department stated it would now enforce licensing requirements for advanced chips traded with entities based in China, regardless of their actual location.
The agency did not provide immediate commentary regarding this new measure, nor did Nvidia or AMD respond to inquiries.
This oversight originated when the Commerce Department announced back in May 2025 that it would not enforce the AI Diffusion rule established just before President Biden's term concluded, which regulated international access to AI-related chips.
Chris McGuire, a technology consultant and former State Department official, commented on social media, deeming the situation to be "a HUGE problem.” He pointed out that this loophole enabled overseas subsidiaries of Chinese firms to procure Nvidia Blackwell chips without the need for a license.
"Chinese companies have been acquiring these chips, very likely in large quantities," McGuire noted.
Interestingly, the updated guidance does not require data centers to cease utilizing the chips or to withdraw services for advanced computing systems like servers.



