BIS annual report picked apart: no codified H20 rule, Entity List stalled, loopholes open
ohlennart · x · 2026-09-15
A point-by-point takedown of BIS's annual report to Congress on export controls:
- H20 restriction: implemented via an is-informed letter that, 16 months later, still isn't codified—then un-restricted something better (H200) for a 15% cut. A year with no rule covering Chinese subsidiaries abroad, possibly letting Blackwells through.
- Entity List: claimed 142 additions, but zero since October—the longest gap since 2008 per CSIS, with 100+ flagged firms reportedly sitting on desks.
- TSMC/Sophgo case: over $1B in chips that ended up in Huawei's Ascend AI chip, sitting unresolved since spring 2025.
- 'Closed a Biden-era loophole': revoking validated end user status and granting export licenses instead—functionally the same policy for these fabs.
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