You cannot tell from “server” or “GPU” alone. For a U.S. shipment governed by the Export Administration Regulations (EAR), check the item’s jurisdiction and classification, the destination, every relevant party, the intended end use, and any applicable license exception or other authorization. A server may contain separately classified hardware, software, or technology, so assess the actual items in the transaction. This is a decision workflow, not a determination for any particular shipment.
1. What exactly is being transferred, and to whom?
Start by establishing the transaction and gathering the facts that can change its treatment. The EAR workflow covers exports, reexports, and in-country transfers; identify which applies rather than assuming every case is a direct export from the United States.
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- Item: Record the server and accelerator make, model, configuration, and relevant technical specifications. Identify other hardware, software, or technology included in the transaction; do not assume one classification covers everything.
- Route: Record the ship-to location and country of ultimate destination. The physical delivery address may not establish where the item will ultimately go.
- Parties: Identify the purchaser, applicant, consignee, intermediaries, and ultimate end user. Record relevant ownership and headquarters information, including the ultimate parent where applicable.
- Purpose: Document the intended end use and any information that could indicate diversion or a change in destination, user, or use.
BIS’s licensing guidance treats destination, recipient, and use as part of the licensing decision—not as details to check only after reviewing the hardware.
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Establish whether the item is subject to the EAR before relying on an ECCN or a destination-chart result. The EAR’s jurisdiction and scope rules determine whether this workflow applies; the product’s label or the fact that it is a server or GPU does not settle the question. BIS separates determining whether an item is subject to the EAR from classifying it and determining whether a license is needed. Its licensing overview outlines that sequence.
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3. What is the current classification?
For each item subject to the EAR, establish its current Export Control Classification Number (ECCN), or determine whether it is EAR99. Ask the manufacturer or developer for the classification and supporting technical information, then verify the result against the current Commerce Control List (CCL). A classification can change, and the technical details matter.
If no ECCN describes an item that is subject to the EAR, it is EAR99. That is not an automatic permission to ship: destination, party, and end-use controls can still impose a license requirement. An ECCN is also not an HTS or Schedule B tariff code. BIS explains classification and its available routes in Classify your item.
Ways to establish an ECCN
| Route | What it involves | What to verify |
|---|---|---|
| Manufacturer or developer classification | Request the ECCN and the technical basis from the item’s manufacturer or developer. | Check the supporting information against the current CCL and the actual configuration. |
| Self-classification | A person with suitable technical and EAR knowledge applies the EAR’s CCL Order of Review. | Confirm that the item’s specifications and the current CCL support the result. |
| BIS classification request | Request a commodity classification from BIS through SNAP-R. | Provide sufficiently precise item information; a classification addresses the item, not every destination, party, end use, or exception question in the transaction. |
4. Does the ECCN require a license for this destination?
Read the ECCN’s License Requirements entry and identify each reason for control. For controls evaluated through the Commerce Country Chart, compare the applicable reason-for-control column with the country of ultimate destination. BIS describes this process in EAR Part 738.
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Do not treat a chart result as the whole answer. The ECCN may refer to other EAR provisions, and some requirements are not resolved by the Country Chart. Check those references as well as the current entry and chart. The destination is the country of ultimate destination, not necessarily the address on the shipping label.
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5. Do a separate party and end-use review
Screen the parties required by the applicable rules, not just the consignee shown on the shipping label. Party restrictions can apply to EAR99 items as well as items on the CCL, and may cover applicants, purchasers, consignees, and other transaction participants. Review the intended end use and diversion indicators independently: an end-user or end-use rule can require a license even when the ECCN-and-destination analysis does not.
Use BIS’s guidance on end-user, end-use, and U.S. person controls and the relevant current lists, including the Consolidated Screening List and underlying lists. The Military End-User (MEU) List is not exhaustive; absence from it does not replace due diligence. BIS discusses the EAR’s general order of review in EAR Part 732.
6. Check current advanced-computing controls for the GPU and system
Do not assume a GPU-equipped server is ordinary hardware. The accelerator’s and system’s precise technical parameters may place an item in an advanced-computing ECCN or a related category. Use the current classification and EAR provisions for the actual configuration rather than inferring the result from a model name or marketing description.
BIS guidance dated May 31, 2026 describes a license requirement for specified advanced-computing items in transactions involving entities headquartered in Country Group D:5 or Macau, or entities whose ultimate parent is headquartered there—even if the entity itself is located elsewhere. The guidance says exporters should continue to seek licenses for those transactions unless the cited exception is available. It distinguishes this headquarters-based requirement from certain destination-based requirements covered by a non-enforcement policy. These are not interchangeable rules: check the actual item, parties, destination, current EAR text, exception terms, and any newer guidance. See BIS’s May 31, 2026 guidance.
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7. Does a License Exception or other authorization apply?
Only assess an exception after identifying the controls that apply. Check the exception’s full terms for the item category, destination, end user, end use, and transaction, along with any conditions, notifications, reporting, or recordkeeping requirements. An exception name by itself does not authorize a shipment. Advanced-computing exceptions can be particularly fact-specific; review the current text in EAR Part 740.
If a license is required and no exception or other authorization covers the transaction, do not export before receiving the required authorization. A favorable destination-chart result alone does not establish that an exception is available or that party and end-use controls are clear.
8. What should you document before making the decision?
Keep a decision record that allows someone else to understand why the transaction was or was not authorized. Include the item specifications and configuration, manufacturer classification evidence, applicable CCL entry, destination analysis, party-screening results, end-user and end-use information, exception analysis, and any license or other authorization. Record when the relevant rules and lists were checked because the EAR, CCL, and screening lists can change.
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Quick Recap
Final pre-shipment check
- EAR jurisdiction and the transaction type are established.
- Each relevant item is classified using current technical information.
- ECCN license requirements and any cited EAR provisions have been checked against the ultimate destination.
- All relevant parties and the intended end use have been reviewed.
- Advanced-computing provisions and any proposed exception or authorization have been evaluated for the actual transaction.
- The supporting evidence and decision are documented.
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