An end-use statement for GPUs is a signed declaration from the buyer, and where different the end user, that records who will receive advanced computing items, where they will be installed, what they will be used for, who will have access to them, and what the signer undertakes not to do with them. It exists because the Export Administration Regulations (EAR) put the duty to know the end use, end user and destination on the seller, and because the Bureau of Industry and Security’s May 2025 guidance on preventing diversion of advanced computing chips tells sellers to obtain an end-user certification covering all parties and the intended end use before doing business. The template on this page has eight parts and a signature block. Every field is annotated below with what to put in it and why it is asked, with the BIS text it traces to. It is a template, not legal advice; have counsel review it before it goes into your contracts.
What the statement does, and what it cannot do
The statement is the buyer’s own account of the transaction, in a form that can be tested. It does three things. It puts the facts the seller must know on the record in the buyer’s words, with a signature and a date. It obtains the undertakings the May 2025 guidance asks for: no military-intelligence or weapons-of-mass-destruction end use, no onward movement without authorisation, flow-down of the EAR to the next party, and consent to a physical check after delivery. And it gives the seller a document to compare against everything else in the file: the registry extract, the screening record, the facility operator’s separate attestation, and later the installation itself.
It cannot do the seller’s diligence for it. A statement is a representation. Under Supplement No. 3 to Part 732, as of 2 November 2026, a seller may rely on a customer’s representations when there are no red flags, and must inquire when there are. The red-flag checklist is the companion to this page: the statement is where many of those flags are first asked, and the file is where the answers are tested.
How to use the template
- One statement per purchase order. The order number ties the declaration to specific items, quantities and dates. A standing certification that covers “all purchases” does not say what this shipment is for.
- The end user signs; the purchaser countersigns. If the purchaser is also the end user, one signature. If not, both, and the purchaser’s countersignature confirms the end user, the installation address and the undertakings.
- Collect it before the order is processed. The guidance says to seek the certification “before engaging in business”. A statement signed after shipment is a record of what the buyer said when it no longer mattered.
- Read every answer. The guidance tells sellers to review what they receive for errors, omissions and red flags, and gives the examples of a line of business that does not match the item and a phone number that does not match the country. An unwillingness to answer a question is itself a red flag in BIS’s words.
- Corroborate the facility separately. The data-center attestation in action 6 of the guidance comes from the operator, not the buyer, and should reach you directly. It is a separate document and is not part of this template.
- Keep it. Five years from the latest of export, any known reexport or transfer, or termination of the transaction, under § 762.6 as of 2 November 2026, if the statement is a record the EAR requires; longer does no harm.
The template at a glance
ClearEndUse end-use and end-user statement for advanced computing items, v1.0
Part A. The transactionseller · purchase order · purchaser · items
Part B. The end useridentity · registration · line of business · website · headquarters · ultimate parent · incorporation date
Part C. The end useapplication · specific end use · activity with the items · proliferation · military-intelligence · restricted parties
Part D. Access and servicesIaaS · subscribers and their headquarters · training for D:5 or Macau parties · remote access
Part E. Installationinstallation address · final destination · facility operator · authority to operate · power
Part F. Systems shipped without acceleratorsaccelerators to be added later · model · acknowledgement
Part G. UndertakingsEAR compliance · no onward movement without authorisation · flow-down · notice of changes · inspection
Part H. Certification and signatureauthority · name · title · email · phone · date · signature · purchaser countersignature
The Word download has every field with space to answer. The tables below annotate them.
Part A. The transaction
| Field | What to put in it | Why it is asked |
|---|---|---|
| Seller | The legal name of the company issuing the statement and shipping the items. | Fixes who the representations are made to. |
| Purchase order number | Your order reference. One statement per order. | Ties the declaration to specific items, quantities and dates so it can be matched to the manifest and, after delivery, to the serial numbers at the site. BIS May 2025 guidance, action 5: certification “for specific transactions” |
| Purchaser | Legal name, address and role. If the purchaser is the end user, say so. | The EAR defines the purchaser, intermediate consignee, ultimate consignee and end user as distinct parties. The guidance asks for the role of each. § 748.5; May 2025 guidance, best-practice data elements |
| Items | Description, model, quantity, and the ECCN as stated by the seller. | The guidance’s data elements include the list of items with their ECCNs. The statement records the seller’s classification; it does not classify. May 2025 guidance, best-practice data elements |
Part B. The end user
| Field | What to put in it | Why it is asked |
|---|---|---|
| Legal name and registered address | As on the company register, not the trading name. | The name that is screened and the address that is checked. Every later check starts here. May 2025 guidance, data elements: full name, address, contact information |
| Registration number and a copy of the business licence | The registry identifier and, for a new customer, the licence or certificate of incorporation. | The guidance says to request a copy of the business licence from new customers. It is also how the date of incorporation is established. May 2025 guidance, data elements; action 1 |
| Date of incorporation | From the registry document. | Action 1 of the guidance is to evaluate the date of incorporation, with incorporation after October 2022 as the example. Red flag 1 (no purchases before October 2022) is tested against it. May 2025 guidance, action 1 and flag 1 |
| Line of business and website | What the company does, in one or two sentences, and its web address. | Action 3 is to check that the line of business is consistent with the items. Flag 4 (little online presence, or differing language versions) is tested against the website. May 2025 guidance, action 3, flag 4, data elements |
| Role in the transaction | Purchaser, intermediate consignee, ultimate consignee or end user. | The guidance asks for the role of each party in the EAR’s terms. § 748.5; May 2025 guidance, data elements |
| Headquarters of the end user | City and country of the headquarters, which may differ from the registered address. | Action 2 and flag 5: the seller must be able to determine whether the customer or its ultimate parent is headquartered in Country Group D:5 or Macau. A refusal or an incomplete answer is itself a flag. May 2025 guidance, action 2, flag 5, data elements |
| Ultimate parent and its headquarters | The company at the top of the ownership chain and where it is headquartered. Intermediate parents on a separate line if there are any. | Same basis. The headquarters of the ultimate parent is asked for by name in the guidance’s data elements. The ownership percentages themselves belong in a separate ownership certification; this field records the chain. May 2025 guidance, action 2, data elements |
| Contact | Name, email and telephone of the person answering, with the country code. | The guidance gives a phone number that does not match the country of the customer as an example of an error or red flag to look for. May 2025 guidance, “Due Diligence Best Practices” |
Part C. The end use
| Field | What to put in it | Why it is asked |
|---|---|---|
| Application category | Commercial, military, or space and satellite. | A military answer triggers further questions about controlled technical data and about military end users; the category is the first sort. |
| Specific end use | What the items will do, for whom, and where, in the signer’s own words. “For R&D” or “for AI” is not an answer. | The guidance’s data elements ask for the intended end use for the specific transaction. Red flag 1 in Supplement No. 3 is reluctance to describe the end use; a generic answer is the mild form of it. May 2025 guidance, action 5; Supp. No. 3 to Part 732, flag 1 |
| Activity with the items | One of: used by the end user; held in stock (and whether reexport or in-country transfer is likely); resold, with the next customer’s name and address; provided as Infrastructure as a Service; other, specified. | These are the five options BIS lists, word for word in substance. “Resold” without a named next customer leaves the ultimate user uncertain (flag 21 in Supplement No. 3). May 2025 guidance, data elements; Supp. No. 3 to Part 732, flag 21 |
| Proliferation | Whether the items or related technical data will be used in connection with missile or rocket systems, unmanned aerial vehicles, or nuclear, chemical or biological weapons activities. Yes or no. | The catch-all controls in Part 744 of the EAR turn on knowledge of these end uses. Asking in writing is how the seller shows it did not avoid the information. Supp. No. 3 to Part 732, paragraph (a)(3): do not self-blind |
| Military-intelligence and WMD end uses | Whether the items will be used for, or in support of, a military-intelligence end use or end user, or a weapons-of-mass-destruction end use. Yes or no. | Action 5 of the guidance says the customer should certify that it will not export, reexport or transfer the items for restricted military-intelligence end uses or end users or for WMD. May 2025 guidance, action 5; § 744.22; §§ 744.2 to 744.5 |
| Sanctioned destinations and restricted parties | Whether the signer, or any of its customers or consignees, will provide, export, reexport or transfer the items or related technical data to a U.S. sanctioned or embargoed destination; to a party on the BIS Entity List, Denied Persons List, Unverified List or Military End-User List, the OFAC Specially Designated Nationals List, or the State Department debarred-parties list; or to a party owned 50 percent or more, directly or indirectly, individually or in aggregate, by such parties. Yes or no. | Puts the restricted-party question to the buyer in the same terms the seller screens against. The 50 percent wording mirrors the ownership-based rules; as of 2 November 2026 the BIS rule extending that test to the Entity List and the Military End-User List (90 FR 47201) is stayed, so check its status at the date of the transaction. Supp. No. 3 to Part 732, flag 7 and flag 29; 90 FR 50857 |
Part D. Access and services
| Field | What to put in it | Why it is asked |
|---|---|---|
| Infrastructure as a Service | Whether the items will provide computing to other parties as a service. If yes, a list of current and prospective subscribers with their headquarters and, where different, their ultimate parents’ headquarters. | Flag 11 of the guidance is an IaaS provider that cannot affirm its users are not headquartered in the PRC. The subscriber list is what makes the affirmation testable. May 2025 guidance, flag 11, data elements |
| Model training for third parties | Whether subscribers or customers will train AI models on the items, and whether the end user will train models for or on behalf of others. | The guidance identifies training for or on behalf of parties headquartered in D:5 or Macau as an activity that may trigger the catch-all controls where there is knowledge of a WMD or military-intelligence end use. May 2025 guidance, “Controls that May Apply”; § 744.22 |
| Training for parties headquartered in D:5 or Macau | A yes-or-no attestation that the end user is not providing, and will not provide, access to the items for training AI models for or on behalf of any party headquartered, or with an ultimate parent headquartered, in Country Group D:5 (including China) or Macau. | This is the attestation BIS lists for IaaS providers in its data elements, in substance. May 2025 guidance, data elements; action 5 |
| Remote access | Who will have remote access to the items, how access is controlled, and whether any remote user is located in, or has an ultimate parent headquartered in, D:5 or Macau. | Diversion by access rather than by shipment is the pattern the guidance describes when it refers to “accessing datacenters with advanced ICs”. Remote access is where it happens. May 2025 guidance, introduction |
Part E. Installation
| Field | What to put in it | Why it is asked |
|---|---|---|
| Installation address | Street address, building, hall or floor, and country where the items will be installed and operated. | The guidance’s data elements ask for the addresses where the items will be delivered and installed. Flag 5 is an unknown installation address; flag 8 is an address that is not a unique storefront. May 2025 guidance, flags 5 and 8, data elements |
| Final destination | A statement that the installation address is the final destination and not a staging or transit stop. | Flag 9 in Supplement No. 3 is a forwarder listed as the final destination; flag 8 is an out-of-the-way destination. Supp. No. 3 to Part 732, flags 8 and 9 |
| Facility operator | The legal name of the data-center operator, if different from the end user, and a contact there. | So the seller can request the operator’s own attestation directly. Action 6 of the guidance asks for an attestation from the data center that the end user is authorised to operate there and that the site has the infrastructure. May 2025 guidance, action 6, flag 10 |
| Authority to operate | Whether the end user owns the facility or leases space in it, and the term of the lease. | Same basis. A lease that ends before the hardware’s useful life, or none at all, is a question to ask. May 2025 guidance, action 6 |
| Power | The power contracted at the site for this deployment, and the site’s total capacity if known. | Flag 10 is a site that cannot affirm it has the power, cooling or space. Action 7 says sites at or above 10 megawatts merit additional scrutiny. Both are easier to test if the number is on the record. May 2025 guidance, flag 10, action 7 |
Part F. Systems shipped without accelerators
| Field | What to put in it | Why it is asked |
|---|---|---|
| Accelerators to be added later | Whether any GPU or advanced integrated circuit will later be installed in the systems and, if so, which model. | A server that is not an advanced computing item on shipment can become one when accelerators are installed. The answer tells the seller whether to treat the order as an accelerated-system sale. |
| Acknowledgement | That installing certain accelerators can change the regulatory restrictions on the modified systems, and that the signer will seek any authorisation then required. | Puts the buyer on notice in writing. Where the answer raises a license question, the seller should refer to counsel; the statement does not make license determinations. |
Part G. Undertakings
| Undertaking | What the signer agrees to | Why it is asked |
|---|---|---|
| EAR compliance | That U.S. export controls apply to the items wherever they are, and that the signer will comply with the EAR. | Action 4 of the guidance is to notify customers that the items are subject to the EAR; the undertaking records that the notice was received. May 2025 guidance, action 4 |
| No onward movement without authorisation | Not to export, reexport or transfer (in-country) the items, or make them available to any party in a restricted destination, without first obtaining any required authorisation and giving the seller written notice. | The undertaking that turns a declared end use into a commitment. Flag 12 in Supplement No. 3 is evasiveness about domestic use, export or reexport. Supp. No. 3 to Part 732, flag 12 |
| Flow-down | To pass these requirements to any party in any subsequent sale, lease, reexport or transfer of the items. | BIS lists an attestation that the customer will comply with the EAR and flow down its requirements to subsequent parties among its data elements. May 2025 guidance, data elements |
| Notice of changes | To tell the seller promptly of any change to the end user, the end use, the installation address, the signer’s ownership or headquarters, or the listing status of any party. | A statement describes a date. Changes after it are what the seller cannot otherwise see. |
| Inspection | To permit a physical examination of the items at the installation address after delivery, during business hours and with reasonable notice, and to have confirmed with the facility operator that it will accommodate one. | Action 6 of the guidance names on-site visits, or independent third-party auditors, as the best practice for confirming the data-center attestation. Consent given in advance is what makes the visit possible. May 2025 guidance, action 6 |
Part H. Certification and signature
| Field | What to put in it | Why it is asked |
|---|---|---|
| Certification | That the statements are true and correct to the best of the signer’s knowledge and that the signer has lawful authority to sign on behalf of the company. | Makes the document a representation by the company, not an email from an employee. |
| Name, title, email, telephone, date, signature | The signing officer’s details. | These six items are the certification elements BIS lists. The title supports the authority claim; the date fixes what was known when. May 2025 guidance, data elements: “certification by the customer, including name, title, phone number, email address, date, and signature” |
| Purchaser countersignature | Where the purchaser is not the end user: confirmation that the named end user is the party that will receive and use the items, that the purchaser knows of no other end use, end user or destination, that it will not take delivery at any other address, and that it gives the same undertakings. | Closes the gap between the party that ordered and the party that will use. Flag 21 in Supplement No. 3 is an order where the ultimate user is uncertain. Supp. No. 3 to Part 732, flag 21 |
What is deliberately not in this template
Three things belong in separate documents, and the template says so rather than folding them in. The ownership certification, with each ownership percentage and the document that shows it, is a different declaration with a different signer in many groups. The data-center attestation comes from the facility operator and must reach the seller directly; a buyer-signed form cannot carry it. And the seller’s license position is the seller’s own determination, recorded in the seller’s file, not something the buyer certifies. The template asks for the facts those documents are tested against, and stops there.