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U.S. Grants TSMC Annual Licence to Import Chipmaking Tools into China

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The U.S. government has granted an annual licence to TSMC allowing it to import U.S.-made chip manufacturing equipment into its facilities in Nanjing, China, the company said on Thursday.

In a statement to Reuters, TSMC said the approval would “ensure uninterrupted fab operations and product deliveries.” The licence allows U.S. export-controlled equipment to be supplied to TSMC’s Nanjing operations without the need for individual vendor approvals.

South Korean chipmakers Samsung Electronics and SK Hynix have also received similar licences, according to industry sources. The move comes after earlier exemptions granted to Asian chipmakers under Washington’s export controls expired at the end of December.

Previously, companies such as TSMC, Samsung Electronics and SK Hynix had benefited from a special status known as “validated end-user,” which allowed them to continue shipping certain U.S. chip-related equipment to China despite broad restrictions aimed at limiting Beijing’s access to advanced semiconductor technologies. That status expired on December 31, forcing companies to apply for individual export licences for 2026.

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TSMC clarified that the licence applies specifically to its Nanjing plant, which manufactures 16-nanometre and other mature-node chips rather than the company’s most advanced semiconductors. The Taiwanese chipmaker also operates a fabrication plant in Shanghai, but has not disclosed whether similar arrangements apply there.

According to TSMC’s 2024 annual report, the Nanjing facility accounted for about 2.4% of the company’s total revenue, highlighting its relatively modest but still strategically important role in TSMC’s global manufacturing network.

The decision underscores Washington’s attempt to balance strict controls on cutting-edge semiconductor technology with limited flexibility for mature-node production that supports global supply chains, even as geopolitical and technological competition with China continues to intensify.

Malaysia Slows Data Centre Boom, Complicating China’s AI Chip Access

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Malaysia, once the fastest-growing hub for data centre expansion in Southeast Asia, is now reining in the pace of growth — a move that could restrict China’s access to U.S.-made AI chips crucial for advanced model training.

Key Developments

  • Dominant role: Malaysia accounts for two-thirds of all data centre capacity under construction in Southeast Asia, led by Johor near Singapore.

  • Growth drivers: Lower costs and spillover from Singapore’s capacity constraints made Malaysia attractive to U.S. giants (Microsoft, Amazon, Google) and Chinese firms (Tencent, Huawei, Alibaba).

  • New restrictions: In July, Malaysia required permits for all exports, trans-shipments and transits of U.S.-made high-performance chips like Nvidia’s, tightening regulatory control.

U.S. Pressure and Trade Tensions

  • Washington fears Malaysia could serve as a backdoor for China to access restricted U.S. chips for AI and potential military applications.

  • Malaysia is simultaneously seeking to finalize a trade deal with the U.S., which increases scrutiny of Chinese-linked data projects.

  • The U.S. Commerce Department has warned that overseas-trained AI models could bolster China’s military edge.

China’s Overseas Push

  • Under Xi Jinping’s “AI Belt and Road” strategy, Chinese operators were urged to expand abroad.

  • GDS Holdings built a major campus in Johor but later spun off its international arm into DayOne, distancing from its Chinese parent amid U.S. pressure.

  • Xi’s April visit to Malaysia ended with pledges of deeper ties in data linkages, 5G and AI infrastructure.

Johor’s Role

  • By mid-2025, Johor had 12 operational data centres (369.9 MW) with 28 more planned (898.7 MW), worth $39B in investments.

  • Johor introduced a vetting committee in 2024, rejecting ~30% of applications for unsustainable energy or water practices. Approval rates have since improved as firms adapt.

Risks for China

  • Chinese AI chips still lag behind Nvidia’s in performance. While Malaysia leaves room for in-country use of U.S. chips, scrutiny is rising.

  • Chinese firms are increasingly rebranding or restructuring overseas operations to avoid geopolitical pressure.

  • Analysts warn Southeast Asia may become a less reliable outlet for China’s AI ambitions as U.S. tariffs and regulatory scrutiny intensify.

Nvidia Warns U.S. GAIN AI Act Could Harm Competition, Echoes AI Diffusion Rule

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Nvidia criticized the proposed GAIN AI Act on Friday, warning that it would restrict global competition and hurt the U.S. economy much like last year’s AI Diffusion Rule, which limited the export of high-performance chips.

The Guaranteeing Access and Innovation for National Artificial Intelligence Act, introduced as part of the National Defense Authorization Act, would require AI chipmakers to prioritize domestic orders before fulfilling foreign contracts. Exporters would also need licenses to ship chips above certain performance thresholds, specifically processors rated 4,800 or higher in total computing power.

In a statement, Nvidia argued the law addresses a non-existent issue:

“We never deprive American customers in order to serve the rest of the world. In trying to solve a problem that does not exist, the proposed bill would restrict competition worldwide in any industry that uses mainstream computing chips.”

The Act mirrors the AI Diffusion Rule enacted under President Joe Biden, which rationed computing capacity among allies while cutting off rivals like China. Both measures reflect Washington’s effort to secure U.S. access to advanced silicon and limit China’s AI capabilities, particularly amid concerns about its military applications.

The debate comes just weeks after President Donald Trump struck a deal with Nvidia allowing the company to resume certain AI chip exports to China in exchange for the U.S. government receiving a cut of sales—an unprecedented arrangement underscoring the geopolitical stakes around advanced semiconductors.

If enacted, the GAIN AI Act could reshape the global AI hardware supply chain, tightening U.S. control over who gets access to the most powerful chips.