4A090.a

2025-01-15

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.

Category 4 — Computers — A. Systems, Equipment and Components

Reasons for Control

RS1AT1NP1

Regulatory Citation

15 CFR § 774, Supp. 1, ECCN 4A090

Licensing Policy

License required for all destinations worldwide except Canada (Country Group A:5). Same policy as ECCN 3A090. Licensing review policy is case-by-case for Country Group B; presumption of denial for D:1, D:4, D:5, E:1, and E:2 destinations.

Controlled Technical Parameters

Technical Parameters

Parameter Name	Controlled Threshold	Unit	Regulatory Note
Contained IC TPP	4,800	TOPS (weighted)	Any system containing one or more ICs meeting the 3A090 TPP threshold is captured. NVIDIA DGX A100 (8× A100) ≈ 156,000 aggregate TOPS.
Number of Controlled ICs	1	IC count	A single 3A090-classified IC is sufficient to bring the entire system under 4A090 control.
System Interconnect Bandwidth	N/A (triggered by IC classification)	—	System-level bandwidth is not independently evaluated; control is derived from the IC classification under 3A090.

Interactive License Determination Sandbox

AWAITING DESTINATION

Select a destination country above to perform a real-time export license determination against ECCN 4A090.

License Exception Matrix

License Exceptions Matrix

Exception Code	Full Name	Key Conditions	CFR Reference
GOV	Governments and International Organizations	Available for exports to 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 components in systems previously lawfully exported.	15 CFR § 740.10

Enforcement Case Studies

United States v. Supermicro Intermediary Network

3/19/2024Shenzhen Hengda Weiye Technology Co., Ltd.$5.1M Civil Penalty; Criminal Charges Pending

A network of intermediary companies in Shenzhen used layered shell companies in Singapore and Malaysia to procure NVIDIA DGX A100 systems (ECCN 4A090) for PRC military research institutes without required BIS licenses.

View Official Record

BIS Entity List — Addition of 28 PRC AI/Surveillance Entities

10/6/2019SenseTime, Megvii, iFlytek, Hikvision, and othersEntity List Designation (License Required for All EAR Items)

28 Chinese entities involved in AI surveillance and facial recognition technology were added to the Entity List. Subsequent 4A090 controls ensured that complete AI training systems could not be exported to these entities without individual validated licenses.

View Official Record

Frequently Asked Questions

What is the difference between ECCN 3A090 and ECCN 4A090?

ECCN 3A090 controls the individual integrated circuits (chips) — such as GPUs and AI accelerators — based on their computational performance. ECCN 4A090 controls the complete computers, servers, and electronic assemblies that contain or are designed to use those controlled ICs. For example, an individual NVIDIA H100 GPU die is classified under 3A090.a, while a complete DGX H100 server containing eight H100 GPUs is classified under 4A090.a.

If I remove the controlled GPU from a server, does the server chassis still fall under 4A090?

No. ECCN 4A090 applies to systems that 'contain' or are 'designed to be used with' ICs classified under 3A090. If the controlled ICs are physically removed and the system is not marketed or designed specifically for use with 3A090 items (e.g., it's a general-purpose server chassis), the bare chassis may not be captured. However, BIS guidance cautions that purpose-built AI server platforms — even without the accelerators installed — may still be captured if they are specifically designed to be used with controlled ICs.

Can I export an NVIDIA DGX system to a university in China for academic research?

A license is required. Exports of 4A090 items to PRC (Country Group D:1 and D:5) face a presumption of denial under the October 2022 and 2023 rules. While BIS does allow license applications for specific civilian end-uses, academic research involving AI training has received heightened scrutiny due to dual-use concerns. BIS reviewers will evaluate the specific end-user, end-use, and risk of diversion. The Military End-Use rule (§ 744.21) imposes additional restrictions.

Do cloud computing services using 4A090-controlled hardware require export licenses?

BIS addressed cloud access in the October 2023 rule. The 'IaaS' (Infrastructure as a Service) provisions require U.S. cloud providers to implement Know Your Customer (KYC) procedures for foreign users accessing controlled computing capacity remotely. While providing cloud access is not classified as an 'export' of the hardware, providing access that enables foreign persons to use the controlled computing capability may constitute a 'deemed export' of technology or software under § 734.2(b). The regulatory landscape for cloud-based access to controlled computing resources is evolving and should be evaluated with BIS guidance.

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Related ECCNs

3A090.a

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.

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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.