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In August 2025, the Trump administration began allowing limited Nvidia H20 and AMD MI308 shipments to certain customers in China while seeking 15% or more of revenue from licensed sales. The companies later confirmed that U.S. officials had expressed that expectation—but said no published regulation established it. The arrangement was real as a reported and acknowledged condition around export licenses; its legal basis, exact terms and payment status remain unclear.
What the 15% arrangement covered
The arrangement concerned specified products and licensed sales, not all Nvidia or AMD business in China. In April 2025, the U.S. government told Nvidia that H20 exports to China, Hong Kong and Macau, and certain other destinations, required a license. AMD also faced a new license requirement for its MI308 products. The companies disclosed the restrictions in filings to the SEC and SEC.
Nvidia H20
Nvidia designed the H20 for the China market to comply with earlier U.S. performance restrictions. It is less capable than the company’s leading U.S.-market accelerators, but remains a powerful data-center AI processor. Before the new restriction, Nvidia reported $4.6 billion in H20 sales in the first quarter of fiscal 2026. It also said it could not ship an additional $2.5 billion of H20 revenue during that quarter and recorded a $4.5 billion charge related to H20 inventory and purchase obligations. Those figures describe the impact of the restriction, not sales covered by the later revenue-sharing expectation. Nvidia CFO commentary
AMD MI308
AMD’s MI308 was a China-targeted AI accelerator affected by the April restrictions. AMD later recorded approximately $800 million in inventory and related charges. After receiving some licenses, it began shipping MI308 products in the fourth quarter of fiscal 2025 and reversed approximately $360 million of earlier charges. Whether a U.S.-approved shipment could proceed also depended on Chinese import controls and customer demand. AMD annual report
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How the reported deal emerged—and what the companies said
In August 2025, U.S. officials reportedly expected Nvidia and AMD to provide the government with 15% or more of revenue from licensed China sales. President Donald Trump publicly described a revenue share as a condition associated with approval; Reuters and other outlets reported that the companies had agreed to the arrangement. Reuters’ August 10, 2025 report describes the reported terms.
Later SEC disclosures made the wording less definitive. Nvidia and AMD said officials had expressed an expectation that the government would receive 15% of revenue from licensed sales, while noting that no regulation codifying the requirement had been published. Neither company’s public filing provides a complete contract specifying the formula, duration, audit rights, collection process or use of the funds. The most accurate description is therefore a reported revenue-sharing arrangement tied to export-license approvals—not a publicly documented, conventional contract signed on identical terms by both companies. Nvidia filing; AMD filing
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It was not clearly a tax, tariff or ordinary license fee
Those labels are not interchangeable. A tax is ordinarily imposed under statutory authority; a tariff generally applies to imported goods; and a license fee is normally associated with administering or granting a license. The reported arrangement instead involved a percentage of revenue sought in connection with export approvals. The companies’ disclosures describe an official expectation, not a published regulation establishing a tax or fee. Calling the arrangement a “15% cut” or “revenue share” is useful shorthand if that uncertainty is kept in view.
The distinction matters because Nvidia and AMD warned in their filings that a government request for a percentage of revenue could expose them to litigation. The legal question is not settled simply by the fact that export licenses were issued.
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Why the arrangement drew legal and policy criticism
Constitutional and statutory authority
The Constitution’s Export Clause says that “[n]o Tax or Duty shall be laid on Articles exported from any State.” Critics argue that a government demand for a percentage of export revenue could function like an export tax. That is a legal argument, not a court ruling that this arrangement was unconstitutional. A separate question is whether export-control law authorizes the executive branch to condition a license on surrendering a share of sales revenue. Constitution Annotated: Export Clause; Nvidia filing
National-security consistency
The administration had restricted H20 and MI308 sales over concerns that advanced computing could aid China’s military and AI development. Critics said allowing those products in exchange for revenue could undermine that rationale. The administration’s position was that the chips were sufficiently limited and that controlled sales did not materially compromise U.S. security; Commerce Secretary Howard Lutnick described the chips as part of broader U.S.–China negotiations. The dispute is over policy judgment as well as legal authority. Congressional Research Service, “U.S. Export Controls and China: Advanced Semiconductors”
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Precedent and credibility
Critics warned that trading export permissions for a share of sales could encourage other firms to seek special exceptions and make controls look negotiable on a transaction-by-transaction basis. It could also lead foreign governments and customers to doubt whether restrictions are driven by security or revenue. Nvidia and AMD have separately warned that export controls can push customers toward foreign competitors, weakening U.S. firms’ market position. A U.S. revenue demand could add to that risk if it makes covered products less attractive or encourages China to accelerate domestic alternatives.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.What the figures do—and do not—show
Revenue already earned before a license, revenue from later licensed sales, an expected government share and cash actually remitted are different things. Nvidia’s $4.6 billion in pre-restriction H20 sales is not the base for the reported 15% arrangement. Applying 15% to that historical figure would produce a hypothetical $690 million, but it would not establish an amount owed under the reported licensing condition.
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Nvidia later reported approximately $60 million in H20 revenue under the relevant licenses. A straight 15% calculation on that figure would be about $9 million, assuming the percentage applied directly to all of it; the filing does not establish that Nvidia actually paid that sum. AMD has not disclosed a comparable cumulative MI308 China-revenue figure from which to calculate a reliable government share. Nvidia filing; AMD filing
What changed after the H20 and MI308 episode
The policy did not stop with the original products. In its January 2026 filing, Nvidia reported about $60 million in H20 revenue under the relevant licenses and said no regulation codifying the 15% expectation had been published. In February 2026, Nvidia disclosed a license allowing small amounts of H200 products to be shipped to specified China-based customers, subject to inspection in the United States before shipment. It said it had not generated revenue under that H200 program at the time of the filing.
AMD later disclosed licenses for certain MI325 products for some China-based customers, also requiring U.S. inspection before shipment. AMD said it did not know whether China would permit the imports. Its filings continued to characterize the 15% as an expectation rather than a published regulatory requirement. A U.S. export license permits a shipment under U.S. rules; it does not itself guarantee Chinese approval to import. AMD quarterly filing
Quick Recap
Who could benefit or bear the cost?
- Nvidia and AMD: Limited licenses could restore some access to Chinese customers, help monetize products and preserve customer relationships. A revenue share could reduce returns on covered sales, while unclear terms could create compliance and litigation risk.
- The U.S. government: The administration could gain leverage in negotiations and potentially receive revenue, but no public company filing cited here confirms how much was actually remitted.
- Chinese customers and chipmakers: Access to U.S. accelerators could support AI development, while uncertainty over supply may also reinforce incentives to adopt domestic alternatives.
- U.S. security agencies and competitors: Officials must weigh controlled access against the risk of supporting China’s advanced-computing capacity. Foreign competitors could benefit if U.S. conditions make American products harder to buy or less attractive.
What remains unknown
- The public record does not specify how “revenue” is calculated—such as whether it means gross invoice value or net sales after discounts, returns and other costs.
- It does not lay out whether the expectation applies to direct sales, distributors, cloud providers, resellers, systems integrators, software, services, support or replacement parts.
- The publicly described terms do not settle how Hong Kong, Macau, ultimate-parent ownership, re-exports or later destination changes are treated.
- The public filings cited here do not establish a payment schedule, duration, collection or audit mechanism, a clear legal authority, or a definitive record of money remitted.
- They also do not resolve how the arrangement operates if China blocks an import, a license is revoked, or statutory rules are later adopted and challenged.
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