S. 3150 — GAIN AI Act of 2025

This section establishes a license requirement under the Export Control Reform Act of 2018 for the export, reexport, or in-country transfer of covered circuits or products—defined as advanced integrated circuits (i.e., those classified under Export Control Classification Number 3A090 or 4A090 or functionally equivalent, or with total processing performance of 4,800 or more; 2,400 or more and performance density of 1.6 or more; 1,600 or more and performance density of 3.2 or more; or specified DRAM, interconnect, or combined bandwidths of 1,400, 1,100, or 1,700 gigabytes per second, respectively) or products containing them (excluding those not designed or marketed for data centers)—to entities located or headquartered in, or with an ultimate parent headquartered in, a country of concern (i.e., Country Group D:5 or E, Macau, or Hong Kong). The section further requires the license applicant to certify that (1) U.S. persons were given a right of first refusal through public notice and at least 15 business days to inquire and request purchase, with preference provided to those taking material steps to complete the purchase within 15 business days; (2) the applicant has no current backlog of requests from U.S. persons for the covered circuit or product or a comparable product; and (3) the applicant cannot reasonably foresee, within 12 months after the export, such a backlog or a reduction in critical production capacity for the covered circuit or product or a substantially similar circuit or product. (The Under Secretary of Commerce for Industry and Security may update the advanced integrated circuit parameters beginning 36 months after enactment following Federal Register publication and public comment.)