Detailed Explanation of New U.S. Export Controls on AI Chips: Overseas AI Model Training Restricted (AI Translation)
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文|财新 杜知航
By Du Zhihang, Caixin
【财新网】美国新一轮AI算力出口管制打破传统,面向全球设立出口管制许可要求。1月13日,美国总统拜登宣布发布《人工智能扩散暂行最终规则》(下称“规则”),随后美国商务部下属的工业与安全局(BIS)发布168页的细则,限制部分高算力的先进GPU等的出口,而且限制范围从过去的某个实体或某些国家,扩大到全世界,即无论出口到全球哪个国家,都将需要美国的许可,只是不同国家及实体有不同待遇。
[Caixin Online] The United States' new round of AI computing power export control breaks tradition by establishing a worldwide export control license requirement. On January 13, President Joe Biden announced the release of the "Interim Final Rule on AI Diffusion" (hereinafter referred to as the "Rule"). Subsequently, the Bureau of Industry and Security (BIS) under the U.S. Department of Commerce published a 168-page detailed guideline restricting the export of certain advanced high-computing GPUs, among other technologies. The scope of restrictions has broadened from targeting specific entities or countries to encompassing the entire world. This means that regardless of which country the exports are destined for, a U.S. license is required, though different countries and entities may be treated differently.
规则从1月13日当天生效,不过有120天的缓冲期,各公司无需在缓冲期结束之前遵守规则要求。(详见财新网《美国发布全球GPU限制 分国家限量出口》)
The rules took effect on January 13, but there is a 120-day grace period during which companies are not required to comply with the requirements. (For more details, see Caixin Online's "U.S. Imposes Global GPU Restrictions, Limits Exports by Country.")
规则明确指向中国等受关注的国家。BIS称,只要把先进AI大模型及技术出口到美国以外的任何地方,受关注国家得到相关技术的风险都会增加。即便出口的用户是美国盟友,风险也存在。
The rules are clearly aimed at countries of concern, such as China. The BIS stated that exporting advanced AI models and technology to any place outside the United States would increase the risk of these concerned countries obtaining related technologies. The risk exists even if the export users are U.S. allies.
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- The U.S. implemented global export controls on AI computing power, requiring licenses for exporting certain advanced technologies, including high-computing GPUs, effective January 13 with a 120-day grace period.
- Specific license exceptions exist for close allies, while stricter limitations apply to China and embargoed countries, with conditions outlined for "middle countries."
- Regulations also target AI large model weights, requiring licenses for exports exceeding specified computational operations, with exceptions for U.S. allies but strict controls for embargoed nations.
The recent U.S. export control measures on artificial intelligence (AI) computing power signify a break from traditional practice by establishing a global export control licensing requirement. On January 13, President Joe Biden announced the "Interim Final Rule on AI Diffusion," aimed at globally regulating the export of advanced high-computing GPUs and other technologies. Under these new regulations, a U.S. license is necessary for AI-related exports to any country, although there may be different treatments for specific countries and entities. The rules target countries like China, citing security risks even with U.S. allies. [para. 1]
In opposition to these regulations, China's Ministry of Commerce argued that the restrictions impede normal economic and trade exchanges, harm global technological innovation, and infringe on international trade order. They view the measures as damaging U.S. companies' interests. The new export controls impose global thresholds for "Total Processing Performance" (TPP) and "Performance Density," targeting what is referred to as "advanced AI processing power." [para. 2]
Different conditions are applied for exports to various countries. U.S. allies, such as the United Kingdom, Japan, and Canada, benefit from an "AI Authorization" (AIA) exception, allowing access to advanced chips without specific U.S. approval, provided they follow U.S. requirements and are careful not to resell these technologies to restricted countries. Meanwhile, countries under the "U.S. Arms Embargo," like China and others, remain subject to strict export limitations. [para. 3][para. 4]
For these middle-ground countries, BIS has created a "specific country allocations" system, permitting them a limited accumulation of AI computing power between 2025 and 2027. Such nations can obtain higher performance allocations if they align with U.S. security interests. Individual and data center users are provided exceptions under specific guidelines to facilitate controlled access to AI computing resources while safeguarding U.S. national security. [para. 5][para. 6][para. 7]
For data centers, the BIS introduced a separate license exception framework, "Data Center Verified End-User Exception" (DC VEUs), delineating between allies and intermediary countries regarding their capabilities in developing AI models. Controls also extend to the export of AI model weights, where next-generation models trained on significant computational power require stringent licensing, particularly for U.S. allies exporting to embargoed nations like China. [para. 8][para. 9]
Finally, the BIS has implemented an expansive jurisdiction system targeting global export and production of AI models utilizing U.S.-controlled technology. This extends to prohibitions on the sale of model weights developed using U.S.-origin chips, regardless of the producer's location. However, advanced open-source models are currently exempt from such controls due to their perceived greater economic and social benefits versus potential threats. The regulatory framework reflects a comprehensive effort by the U.S. to safeguard national security by controlling the global distribution of advanced AI technologies. [para. 10][para. 11]
- NVIDIA
- The article mentions that the U.S. export controls will impact companies using advanced NVIDIA GPUs, as these chips exceed the restricted total processing performance threshold. Companies outside the U.S. using NVIDIA chips to develop advanced AI models must comply with export restrictions, requiring U.S. permission to export AI model parameters to certain countries, including China.
- By October 2023:
- The Bureau of Industry and Security (BIS) launched a second wave of large-scale semiconductor export controls targeting countries like China.
- January 13, 2025:
- President Joe Biden announced the release of the 'Interim Final Rule on AI Diffusion'.
- January 13, 2025:
- The rules took effect.
- January 13, 2025:
- The Bureau of Industry and Security (BIS) published a 168-page detailed guideline restricting the export of certain advanced high-computing GPUs.
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