Some Context
The Federal Government has already given nVidia export licenses for their H20 and H200 series of AI chips. The H20 license was issued via the 15% revenue-sharing agreement established in August 2015 and the H200 via a conditional licensing framework that requires a much higher fee of up to 25%.
The odd thing here is that the H100 chip is significantly less powerful than the H200 for which approval has been given. So if you were China and intent on obtaining nVidia technology to drive your AI programs, why would you try and access H100 chips when you can lawfully obtain H200s?
It's important to note, however, that approval to export Blackwell chips - those which power the 50x0 family of consumer graphics cards - has never been approved for export to China in any form.
I think it's worth mentioning in the context of the article, because these additional data points suggest a certain lack of rationality on the part of the US government. On the one hand, they are intent on prosecuting an individual who stands accused of shipping older technology to China, but then with the other hand the government is signing export deals for more powerful gear.
From the outside, at least, this does not appear to be a rational strategy. I don't know if I am being unreasonable to expect a rational strategy given everything else we witness going on... but affording the US government the "Presumption of Rationality" (and not just the "Presumption of Regularity") is starting to feel a bit like an unjustifiable stretch at this point in time.