What You Need To Know
- The Department of Commerce issued a new rule that makes it easier to export certain, less-sensitive civilian and commercial unmanned aerial vehicles (“UAVs” or “drones”) and longer-range commercial UAVs to key allied and partner countries.
- Higher-performance drones, such as military-grade UAVs and UAVs capable of heavy payloads over long distances, remain subject to heightened destination-based restrictions.
On January 21, 2026, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) issued an interim final rule (IFR) relaxing export controls on certain commercial UAVs to certain allied and partner countries.
This rule follows a June 6, 2025, executive order directing a review of the U.S. Export Administration Regulations (EAR) to enable the expedited export of U.S.-manufactured civil UAVs to foreign partners.
The IFR is effective immediately.
Key Parts of the Interim Final Rule
'Less Sensitive' Commercial UAVs Now Eligible for Export to Country Group A:1 Destinations Without a License
The IFR loosened license requirements for certain UAVs described under Export Control Classification Number (ECCN) 9A012.a.1 that BIS deems “less sensitive.” These less sensitive UAVs are UAVs or unmanned “airships” that are designed to have controlled flight out of the direct natural vision of the operator, and that have a maximum endurance greater than or equal to 30 minutes but less than 1 hour, and are designed to take-off and have stable controlled flight in wind gusts equal to or exceeding 46.3 km/h (25 knots).
9A012.a.1 UAVs were previously controlled for National Security Column 1 (NS1) reasons, which meant that authorization, in the form of a license or the use of a license exception, was required to export the UAVs to all countries other than Australia, Canada, and the United Kingdom. The IFR reduces the reason for control to NS2, which allows for exports to destinations in Country Group A:1 without a license or the use of a license exception. This means that a license or the use of a license exception for most Wassenaar Arrangement participating states, including major U.S. trading partners such as Canada, Germany, Japan, Mexico, South Korea, and the United Kingdom, is no longer required.
'More Capable' Commercial UAVs Now Eligible for License Exception STA
The IFR also expanded License Exception Strategic Trade Authorization (STA) to authorize exports and reexports of certain “more capable” 9A012 and 9A120 UAVs controlled for “Missile Technology” (MT) reasons with either (i) a maximum range of at least 300 km or (ii) an incorporated aerosol dispensing system/mechanism with a capacity greater than 20 liters to allied and partner countries listed in Country Group A:5. Exporters can now use License Exception STA instead of obtaining an export license for these UAVs, so long as they follow particular procedural requirements, such as obtaining prior consignee statements from the recipient and providing the recipient with the relevant ECCN.
License Exception STA remains unavailable for MT-controlled UAVs capable of delivering at least a 500 kg payload to a distance of at least 300 km or if other end use or end user restrictions apply.
Practical Considerations
- Exporters shipping 9A012.a.1 UAVs to Country Group A:1 with “No License Required” should ensure that the vehicles are ultimately destined to an authorized destination, that no prohibited parties or end uses are involved, and that all records required under the EAR are maintained.
- When relying on license exception STA to export qualifying MT-controlled 9A012 and 9A120 UAVs, exporters must ensure that they adopt processes to comply with all required elements of the license exception, including consignee statement, notification, and recordkeeping requirements.
- Exporters should continue to gather end use certifications as required or otherwise conduct sufficient diligence to ensure compliance with the EAR.
- Note that it is generally prohibited to sell, transfer, export, reexport, finance, order, buy, remove, conceal, store, use, loan, dispose of, transport, forward, or otherwise service any item that you know or should know was exported, reexported, or transferred (in-country) in violation of the EAR in the past, i.e., less sensitive or more capable UAVs and related items that were previously exported or reexported in violation of the EAR before the effective date of the IFR.
- In December 2025, the Federal Communications Commission (FCC) implemented broad import restrictions on foreign-produced UAVs through its Covered List, which may impact the ability to return such items to the United States even if lawfully exported. FCC expertise should be consulted for compliance.
- For purposes of receiving foreign investment, U.S. businesses that produce, design, test, manufacture, fabricate, or develop commercial UAVs may be relieved from mandatory declarations to the Committee on Foreign Investment in the United States (CFIUS) for covered transactions with investors from close allied countries, to the extent that no export license is required for the investor’s country, or if License Exception STA applies under this rule relaxation. That is a highly technical assessment on which CFIUS counsel should be consulted.
Law clerk Channing Jones contributed to this article.