Washington is reportedly drafting a rule to stop Chinese AI firms from renting Nvidia (NVDA) chips overseas

Washington is reportedly drafting a rule to stop Chinese AI firms from renting Nvidia (NVDA) chips overseas

Key points

  • The Commerce Department is preparing restrictions that would bar Chinese AI companies from accessing U.S. chips remotely through data centers outside the United States, according to The Information.
  • Data center operators could face know-your-customer checks as a condition of receiving advanced chips.
  • The draft could go to AI companies and other stakeholders in September.

The Commerce Department is working on a rule that would stop Chinese AI companies from remotely using advanced American chips housed in data centers overseas, including in Thailand and Singapore, The Information reported Friday, citing people familiar with the matter.

The rule could require data center operators to run know-your-customer checks on their clients and to restrict Chinese access as a condition of receiving advanced chips, according to the report. The department's Bureau of Industry and Security is preparing the draft, which could be sent to AI companies and other stakeholders in September.

Today's export controls govern where physical chips can be shipped, not who can log into them. A Chinese firm that cannot import Nvidia (NVDA) processors can still rent time on them through a cloud provider in a third country. Cassia King, a senior researcher at the Institute for AI Policy and Strategy, told CNBC this month that the current rules do not cover remote access to the chips.

CNBC reported on August 19 that ByteDance, Alibaba, and Tencent have used Nvidia computing power through data centers in Thailand, Malaysia, and Japan. In July, White House Office of Science and Technology Policy Director Michael Kratsios accused Moonshot AI of using Nvidia's GB300 chips through a facility in Thailand to train Kimi K3, the model Moonshot is now pitching to Western cloud platforms.

The House passed the Remote Access Security Act, a bill that would put cloud-based access to restricted chips under U.S. export control authority, in January by a 369-22 vote. The Senate has not taken it up.

Nvidia shares were down about 1% Friday morning, trading near $225.50 at 10 a.m. Eastern against Thursday's close of $227.98, two days after the company reported earnings.

The new rule would replace the AI Diffusion Rule, a Biden-era regulation that limited sales of advanced chips country by country. The Bureau of Industry and Security rescinded that rule in 2025, saying it would have "stifled American innovation and saddled companies with burdensome new regulatory requirements."

Sources

  • The Information, "Trump Administration Working on AI Rule to Curb China's Remote Access to Chips," August 28, 2026
  • CNBC, "The U.S. banned Nvidia's best chips from going to China. Now it's trying to close a crucial loophole," August 19, 2026
  • U.S. House of Representatives passage of the Remote Access Security Act, January 2026
  • Nvidia (NVDA) price data, August 28, 2026

Frequently asked questions

What is the new AI chip rule the Trump administration is working on?

A Commerce Department rule that would stop Chinese AI companies from remotely using advanced U.S. chips housed in overseas data centers, including in Thailand and Singapore, according to an August 28, 2026 report from The Information. It could require data center operators to run know-your-customer checks and restrict Chinese access as a condition of receiving advanced chips.

Why can Chinese firms use Nvidia chips they are banned from buying?

U.S. export controls restrict the physical shipment of advanced chips, not remote access to their computing power. CNBC reported on August 19, 2026 that ByteDance, Alibaba, and Tencent have used Nvidia (NVDA) computing power through data centers in Thailand, Malaysia, and Japan without importing the chips.

When would the new rule take effect?

There is no announced effective date. The Bureau of Industry and Security is preparing the draft, and The Information reported it could be sent to AI companies and other stakeholders in September 2026.

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Dennis Singleton
Dennis Singleton

Dennis Singleton has spent years following the markets, but what keeps his attention is how AI is built. He writes about the companies behind the technology, from semiconductor designers and advanced packaging to photonics, memory, networking, and the hardware powering modern AI. His approach starts with filings, earnings, and industry research, then translates the important details into clear, straightforward analysis without unnecessary hype.