AI Diffusion Rule (BIS Framework for Artificial Intelligence Diffusion interim final rule)

Summary

The Bureau of Industry and Security revises Export Administration Regulations controls on advanced computing integrated circuits and adds a new control on model weights of advanced closed-weight dual-use AI models. It creates new license exceptions, updates Data Center Validated End User authorization, adds a foreign direct product rule for model weights, and sets per-country allocation mechanisms. Compliance is delayed to May 15, 2025.

Who it applies to

Applies to exporters, reexporters and transferors of advanced computing integrated circuits and of model weights of certain advanced closed-weight AI models under the Export Administration Regulations. It covers destinations worldwide, with license exceptions for listed destinations and end users headquartered there, and includes foreign-produced items.

Key points

• Requires a license to export, reexport or transfer model weights of closed-weight AI models controlled under ECCN 4E091, reviewed under a presumption of denial for most destinations.
• Does not control model weights of open-weight (published) models.
• Creates License Exception AIA for listed destinations and end users headquartered there, subject to security conditions.
• Adds a foreign direct product rule in Sec. 734.9(l) for AI model weights produced abroad.
• Adds red flag guidance for cloud providers training controlled models for foreign-headquartered customers.

Key dates

Published (official journal)

Jan 15, 2025

Compliance date

May 15, 2025

Compliance date

Jan 15, 2026