Despite the Federal Aviation Administration’s (FAA) slow crawl to the finish for its final rule enabling drone operations beyond the visual line of sight of the operator, this summer has been rife with drone-related developments.¹ Since April, federal agencies have released a suite of regulatory, operational, and trade measures affecting the UAV and counter-UAV (c-UAV) industry, including FAA actions clarifying the use of Section 927 waivers, proposing critical infrastructure protections under Section 2209, and announcing a Radar Data Pilot Program. The FAA’s enthusiasm for enabling UAV and c-UAV operations was matched with the Department of Homeland Security’s issuance of the Interim Final Rule implementing the SAFER SKIES Act and President Trump’s announced tariffs on imported UAV and their component parts, following the Department of Commerce’s (Commerce) recommendation. Meanwhile, the Federal Communications Commission released its Third Report and Order and Notice of Proposed Rulemaking in its equipment authorization security docket, both clarifying existing regulations and proposing several new ones addressing UAV, UAV critical components, and routers.

The theme across the federal government this summer has been consistent: bolster U.S. drone operators and the industrial base, and curb foreign UAV manufacturers from saturating the U.S. marketplace. Consistent with this direction, Commerce’s Bureau of Industry and Security (BIS) made it easier for U.S. manufacturers to export civilian UAV to consumers in much of the world. Under the new rule, BIS eased export controls on certain UAV under the Export Administration Regulations, enabling expedited export of U.S.-manufactured civilian UAV to foreign partner countries.

Most significantly, the rule revises Export Control Classification Number (ECCN) 9A012.a.1 to expand its applicability to UAV with endurance thresholds of less than 3 hours and a maximum range of under 300 kilometers. At the same time, the rule removes the “National Security Column 2” control for .a.1 items. While technical in nature, the rule’s revisions practically result in a significantly more relaxed regulatory environment for revised 9A012.a.1 UAV, which allows for the export, reexport, or transfer of many more UAV to a wide variety of countries without the need for an export license. The rule also confirms that UAVs that exceed the thresholds referenced above remain under increased export control restrictions for both National Security and Anti-Terrorism, and that UAV meeting certain payload or endurance thresholds will still be controlled for Missile Technology, which also restricts potential exports.

On a related matter, the rule clarifies that UAV not listed on the U.S. Munitions List that are specially designed to provide military capabilities are considered military aircraft under ECCN 9A610.a. Military UAV may now qualify under an expanded License Exception Strategic Trade Authorization, under certain conditions that include limits on range and payload capabilities. The changes right-size BIS’ controls on civilian UAVs that are no longer sensitive, while maintaining and modifying certain requirements for military UAV to safeguard against threats from adversaries.

The continuing regulatory developments across a multitude of federal agencies further identify that the UAV market remains a key focal point of the current Administration. With the most recent changes from BIS, commercial UAV operators and exporters may now see greater access to non-U.S. markets without the need to jump through as many regulatory hoops. However, it remains critical that any person considering export of a UAV or similar technology engage in an export classification review to ensure that any such export occurs within the bounds of applicable regulatory controls.

¹ The authors refer to drones and UAV (uncrewed aerial vehicles) interchangeably.