US export controls on AI model weights

The January 2025 diffusion rule added ECCN 4E091 for some model weights and says it “does not control the ‘parameters’ of any artificial intelligence model that has been ‘published’”. Commerce stopped enforcing the rule in May 2025.

5 entries Key dates 7 First entry Jan 2025 Latest Checked

Key dates

Oldest first · from the official texts
DateWhatSourceChecked
Diffusion rule effective govinfo.gov (opens in a new tab)
Diffusion rule published, 90 FR 4544 · Entry govinfo.gov (opens in a new tab)
Commerce instructs staff not to enforce the rule · Entry bis.gov (opens in a new tab)
Compliance date stated in the diffusion rule govinfo.gov (opens in a new tab)
BIS guidance on what non-enforcement covers · Entry bis.gov (opens in a new tab)
Federal Register describes current chip-license enforcement · Entry govinfo.gov (opens in a new tab)
Unified Agenda still lists a rescission rule · Entry govinfo.gov (opens in a new tab)

What it says about open weights

Exact wording from each source
Open-weight models not controlled

Accordingly, BIS and its interagency partners are not today imposing controls on open-weight models.

govinfo.gov (opens in a new tab) · Checked
Published weights excluded from ECCN 4E091

ECCN 4E091 does not control the 'parameters' of any artificial intelligence model that has been "published" as defined in Sec. 734.7(a)

govinfo.gov (opens in a new tab) · Checked
Rescission still to be formalized

BIS plans to publish a regulation formalizing the rescission and will issue a replacement rule in the future.

bis.gov (opens in a new tab) · Checked
Agenda text on the planned rescission

This interim final rule (IFR) will formally rescind the "Framework for Artificial Intelligence Diffusion" rule issued by the Biden Administration in January 2025--which BIS has already stopped enforcing.

govinfo.gov (opens in a new tab) · Checked

Dated entries

2026

3 entries

Bureau of Industry and Security Notice: The Unified Agenda says a planned interim final rule will formally rescind the January 2025 AI diffusion rule, which BIS has stopped enforcing.

Federal Register, Introduction to the Unified Agenda, 2026-16603 (primary source, opens in a new tab)

Details
On open weights Silent

In the Bureau of Industry and Security regulatory-plan section, RIN 0694-AJ90, 'Implementation of the AI Action Plan Through Export Controls,' is described as an interim final rule that will rescind the January 2025 Framework for Artificial Intelligence Diffusion and establish a replacement framework. The notice does not publish the rescission itself.

Source type
Federal Register
Checked
Entry
#2026-08-14-bis-diffusion-rescission-agenda

Bureau of Industry and Security Rule: BIS states it is enforcing the worldwide advanced-computing license requirement only for specified country groups, citing its May 13, 2025 guidance.

Federal Register, 2026-14132 (primary source, opens in a new tab)

Details
On open weights Silent

The final rule, published July 14, 2026, and effective July 10, 2026, removes the United Arab Emirates from Country Groups D:3 and D:4 and adds it to Country Group A:5. It says BIS is only enforcing the section 742.6(a)(6)(iii)(A) license requirement for destinations in Country Groups D:1, D:4, or D:5, with stated exclusions, and for entities headquartered in or with an ultimate parent headquartered in Country Group D:5 or Macau.

Source type
Federal Register
Checked
Entry
#2026-07-14-bis-advanced-computing-enforcement

Bureau of Industry and Security Guidance: BIS says its non-enforcement of the AI Diffusion Rule's new requirements does not cover exports for D:5 or Macau-headquartered entities.

BIS guidance, May 31, 2026 (primary source, opens in a new tab)

Details
On open weights Silent

The guidance says that in May 2025 BIS announced it would not enforce the AI Diffusion Rule's new compliance requirements. It says a license is still required under section 742.6(a)(6)(iii)(A) for specified advanced computing items when the recipient is headquartered in, or has an ultimate parent headquartered in, Country Group D:5 or Macau.

Source type
Government publication
Checked
Entry
#2026-05-31-bis-diffusion-enforcement-guidance

2025

2 entries

Department of Commerce Announcement: Commerce instructs staff not to enforce the AI Diffusion Rule and says BIS plans a regulation formalizing rescission.

Department of Commerce press release, May 13, 2025 (primary source, opens in a new tab)

Details
On open weights Silent

The release, headed for immediate release on May 13, 2025, says the AI Diffusion Rule was issued on January 15, 2025, with compliance requirements set for May 15, 2025. It says Under Secretary Jeffery Kessler instructed enforcement officials not to enforce the rule, and that BIS plans to publish a regulation formalizing the rescission and a replacement rule.

Source type
Government publication
Checked
Entry
#2025-05-13-bis-diffusion-rule-nonenforcement

Bureau of Industry and Security Rule: BIS adds ECCN 4E091 for certain closed-weight model weights and states it is not imposing controls on open-weight models.

Federal Register, Framework for Artificial Intelligence Diffusion, 90 FR 4544 (primary source, opens in a new tab)

Details
On open weights Accordingly, BIS and its interagency partners are not today imposing controls on open-weight models.

The interim final rule, 90 FR 4544, is effective January 13, 2025, with compliance for most changes on May 15, 2025. Its text says ECCN 4E091 does not control the parameters of a model that has been published as defined in section 734.7(a) of the EAR, and that no open-weight model was known to have been trained on more than 10^26 operations.

Source type
Federal Register
Checked
Entry
#2025-01-15-bis-eccn-4e091-diffusion-rule

All entries: 5 shown

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Source: Maple, Open-weight AI policy: US export controls (maple.ai/open-weights/us-export-controls), data through 2026-08-14.

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Every entry cites one primary source, quotes the document’s own words about open weights, and is checked against that source before it publishes. Corrections keep the old wording visible.
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