3A090.a

2025-01-15

ECCN 3A090.a controls advanced computing integrated circuits (ICs) — including GPUs, ASICs, and AI accelerators — that meet or exceed specified computational performance thresholds. An export license is required for virtually all destinations except Canada under 15 CFR § 774, Supp. 1.

Category 3 — Electronics — A. Systems, Equipment and Components

Reasons for Control

RS1AT1NP1

Regulatory Citation

15 CFR § 774, Supp. 1, ECCN 3A090

Licensing Policy

License required for all destinations worldwide except Canada (Country Group A:5). Exports to Macau and destinations in Country Groups D:1, D:4, and D:5 face a presumption of denial. License Exception STA is not available for .a items to D:5 destinations.

Controlled Technical Parameters

Technical Parameters

Parameter Name	Controlled Threshold	Unit	Regulatory Note
Total Processing Performance (TPP)	4,800	TOPS (weighted)	Computed per Supplement No. 1 to Part 774, Note 3 to 3A090. NVIDIA A100 ≈ 19,500 TOPS; H100 ≈ 51,200 TOPS — both exceed threshold.
Performance Density	5.92	TOPS/mm²	Measured at the die level. Threshold added in the October 2023 update.
Interconnect Bandwidth	600	GB/s	Aggregate bidirectional bandwidth for datacenter ICs. NVLink on H100 ≈ 900 GB/s — exceeds threshold.

Interactive License Determination Sandbox

AWAITING DESTINATION

Select a destination country above to perform a real-time export license determination against ECCN 3A090.

License Exception Matrix

License Exceptions Matrix

Exception Code	Full Name	Key Conditions	CFR Reference
TSR	Technology and Software Under Restriction	Available for technology and software (not hardware) to Country Group A:5 and B destinations, subject to restrictions under § 740.6.	15 CFR § 740.6
GOV	Governments and International Organizations	Available for exports to personnel and agencies of cooperating governments per § 740.11(b).	15 CFR § 740.11
RPL	Servicing and Replacement of Parts and Equipment	Available for one-for-one replacement of parts in equipment previously lawfully exported, subject to restrictions in § 740.10.	15 CFR § 740.10

Enforcement Case Studies

United States v. Haoyang Technology (HiSilicon Supply Chain)

6/13/2024Haoyang Technology Co.$2.4M Civil Penalty; Export Privileges Denied 5 Years

Company facilitated unauthorized transshipment of advanced computing ICs controlled under 3A090 through Hong Kong intermediaries to end-users on the Entity List in Shenzhen, PRC.

View Official Record

BIS Temporary Denial Order — Inspur Group

3/29/2023Inspur Group Co., Ltd.Entity List Designation; Temporary Denial Order

Major Chinese server manufacturer added to the Entity List for supplying advanced computing equipment to military end-users in the PRC, circumventing controls on ECCN 3A090 and 4A090 items.

View Official Record

United States v. Jinhua Integrated Circuit Co.

2/8/2023Fujian Jinhua Integrated Circuit Co., Ltd.Entity List Designation; Criminal Indictment (Trade Secret Theft & EAR Violations)

Chinese DRAM manufacturer was added to the Entity List and criminally indicted for conspiring to steal trade secrets from Micron Technology and violating EAR by obtaining controlled semiconductor manufacturing equipment without required licenses.

View Official Record

Frequently Asked Questions

What is ECCN 3A090.a and what items does it control?

ECCN 3A090.a controls advanced computing integrated circuits (ICs) — including GPUs, TPUs, AI accelerators, and custom ASICs — that meet or exceed a Total Processing Performance (TPP) of 4,800 TOPS (weighted) or a performance density of 5.92 TOPS/mm². It was introduced by BIS in October 2022 to restrict the export of AI-capable semiconductors to destinations of concern, particularly China, and was updated in October 2023. The controlling regulation is 15 CFR § 774, Supplement 1.

Do I need a license to export ECCN 3A090.a items to allies like Japan or Germany?

Yes. Unlike most ECCNs, 3A090.a requires a license for virtually all destinations worldwide except Canada (Country Group A:5). Exports to traditional allies in Country Group B (including Japan, Germany, the UK, and Australia) require a license, although applications are reviewed on a case-by-case basis with a general policy of approval for civilian end-uses. License Exception STA is not available for 3A090.a items to Country Group D:5 destinations.

Does the NVIDIA H100 GPU fall under ECCN 3A090?

Yes. The NVIDIA H100 has a Total Processing Performance of approximately 51,200 TOPS and an interconnect bandwidth of approximately 900 GB/s via NVLink — both substantially exceeding the 4,800 TOPS and 600 GB/s thresholds. The A100 (approximately 19,500 TOPS) also exceeds the threshold. NVIDIA's A800 and H800 variants were specifically designed with reduced interconnect bandwidth to fall below the thresholds, but were subsequently captured by the October 2023 rule update through the performance density parameter.

What are the penalties for exporting ECCN 3A090 items without a license?

Violations of the EAR carry severe penalties: up to $364,992 per violation in civil penalties (adjusted annually for inflation under 15 CFR § 6.4) or twice the value of the transaction, whichever is greater; and criminal penalties of up to $1,000,000 and 20 years imprisonment per violation under 50 U.S.C. § 1705. BIS may also deny export privileges for up to 10 years. Willful violations involving items destined for weapons of mass destruction programs carry enhanced penalties.

Can I use License Exception STA for ECCN 3A090 items?

License Exception STA (Strategic Trade Authorization, 15 CFR § 740.20) has limited availability for 3A090 items. STA is available for exports to Country Group A:5 (Canada) — where no license is required anyway — and may be available for certain technology and software transfers to STA-eligible destinations. However, STA is explicitly not available for 3A090.a hardware exports to Country Group D:5 destinations. Always verify current STA eligibility on the BIS website.

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Related ECCNs

4A090.a

ECCN 4A090.a controls computers, electronic assemblies, and systems that contain or are designed to use integrated circuits classified under ECCN 3A090. An export license is required for nearly all destinations under 15 CFR § 774, Supp. 1.

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Regulatory Disclaimer

REGULATORY DISCLAIMER: This tool provides informational guidance only and does not constitute legal advice. Consult the Bureau of Industry and Security (BIS) or qualified export-control counsel for binding classification determinations. 15 CFR § 774; 50 U.S.C. § 4801 et seq.