Stock Markets February 4, 2026

U.S. Clearance for Nvidia H200 Sales to ByteDance Tied to Conditions Nvidia Has Yet to Accept

Washington has signaled approval but disputes over Know-Your-Customer terms and other safeguards leave a sale unresolved

By Caleb Monroe NVDA AMD
U.S. Clearance for Nvidia H200 Sales to ByteDance Tied to Conditions Nvidia Has Yet to Accept
NVDA AMD

The U.S. administration has indicated it will permit ByteDance to purchase Nvidia's H200 AI chips, but Nvidia has not agreed to the conditions the U.S. has proposed, including a Know-Your-Customer (KYC) requirement designed to prevent access by China's military. Negotiations between Nvidia and U.S. officials continue over the licensing terms for shipping H200 chips to companies in China; U.S. approval was reportedly signaled roughly two weeks ago, and similar chips from AMD are expected to be treated the same once national security concerns are addressed.

Key Points

  • The U.S. signaled it would approve a license allowing ByteDance to buy Nvidia H200 chips about two weeks ago, according to a source.
  • Nvidia has not accepted the U.S. government's current draft of a Know-Your-Customer requirement and is negotiating license terms with U.S. officials.
  • U.S. approval is also expected to cover similar chips from AMD once national security conditions are addressed.

The U.S. government has signaled that it is prepared to permit China-based ByteDance to acquire Nvidia's H200 artificial intelligence processors - but the transaction remains unsettled because Nvidia has not accepted several conditions attached to the potential license, according to a person familiar with the matter.

That individual said the Commerce Department indicated about two weeks ago that it would approve a license for the sale. Nvidia, however, has not agreed to the government's current draft of a Know-Your-Customer requirement - one of several stipulations intended to ensure that China's military does not gain access to the chips.

More broadly, people familiar with the discussions say Nvidia is in ongoing talks with U.S. officials over the precise terms of licenses that would authorize shipments of H200 chips to Chinese companies. The discussions involve how to balance U.S. national security concerns with commercial feasibility for American suppliers.

In a company statement, Nvidia framed its role as an intermediary. The company said it is positioned between the U.S. government and potential customers who would ultimately be required to comply with U.S. restrictions. Nvidia added: "We aren’t able to accept or reject license conditions on our own." The statement continued: "Although KYC is important, KYC is not the issue. For American industry to make any sales, the conditions need to be commercially practical, else the market will continue to move to foreign alternatives."

ByteDance - the owner of TikTok and a major AI firm in China - could not be immediately reached for comment, and the Commerce Department did not immediately respond to a request for comment, according to the sources.

Sources also said the U.S. is expected to permit sales of the H200 and comparable chips from AMD to China, provided that outstanding national security concerns are satisfactorily addressed. The sources said the anticipated approvals follow direct clearance from President Donald Trump, conditional on resolving the remaining safeguards.


Context and implications

The reported standoff centers on the exact design and enforceability of post-sale safeguards - including KYC checks - that U.S. authorities want in place to prevent military access. Nvidia has emphasized the need for any conditions attached to licenses to be workable in commercial terms to avoid incentivizing customers to seek non-U.S. alternatives.

As negotiations proceed, the outcome will determine how U.S. AI chipmakers can pursue sales into China while meeting regulatory and security demands set by the U.S. government.

Risks

  • Uncertainty over whether Nvidia will accept the U.S. government's drafted KYC and other conditions - affecting semiconductor sales into China and the broader AI hardware market.
  • If regulatory conditions are not commercially practical, U.S. suppliers risk losing market share to foreign competitors, impacting the semiconductor and cloud AI sectors.
  • Continued negotiations and unresolved national security concerns could delay shipments and introduce volatility for firms dependent on China revenue.

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