The GAIN AI Act requires companies seeking licenses to export advanced artificial intelligence chips to countries deemed a national security concern (including China, Russia, Iran, and North Korea) to first offer those chips to U.S. buyers. Companies must certify they've given American customers at least 15 days to purchase the chips at the same price and terms offered to foreign buyers, and can only proceed with the foreign sale if no U.S. buyer steps forward or if they lack the production capacity. The bill applies specifically to high-performance semiconductor chips designed for data centers that meet certain technical specifications. The Commerce Department has 120 days to create detailed regulations explaining how companies must advertise these chips to U.S. buyers, how Americans can claim the right to purchase, and what penalties apply for violation. The law also creates an exemption for U.S.-based companies meeting strict security and ownership standards, allowing them to export chips to non-hostile countries without a license.
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