FCC Exempts Some Foreign-Made Drones From US Import Ban

The Federal Communications Commission (FCC) on Jan. 7 said it is exempting imports of some models of drones and components made overseas until the end of this year, following guidance from the Department of War.

The FCC said in December that it would add all foreign-made uncrewed aircraft systems (UAS) and related UAS critical components to its Covered List, a list of communications equipment and services deemed to pose a security risk.

The commission said at the time that it made the decision after it received the results of a National Security Determination (NSD) from an executive branch interagency body.

The FCC noted the review had said the Pentagon or the Department of Homeland Security could later determine that certain drones pose no risk and exempt them from the Covered List.

The FCC said on Wednesday in a public notice that it had received a subsequent NSD from the Department of War stating that drone models included on the Defense Contract Management Agency’s Blue UAS List should be removed from the Covered List.

The Blue List is a reference portal for the federal government and industry partners listing compliant drones and parts. Some of those manufacturers on the list include Swiss companies AgEagle Aerial Systems and Wingtra.

In the document dated Jan. 7, the Department of War said it has determined that drones and related components on the Blue List “do not currently present unacceptable risks to the national security of the United States or to the safety and security of U.S. persons.”

The department added that the determination includes UAS and UAS critical components included on the Blue UAS list “now and until January 1, 2027.”

Rigorous Security Testing

The department said that the listed drones had undergone rigorous security testing “to ensure their technology complies with hardware, software, supply chain, and data privacy standards” established by laws and federal policy guidelines.

“The Department assesses that all UAS and UAS critical components included on the Blue UAS list are compliant with current U.S. law and regulations and validated as cyber secure,” the Department of War said.

The Department of War added that its NSD will expire on Jan. 1, 2027, and will then be reassessed to determine if the import of foreign-made Blue-listed drones and components “threatens the resiliency of our domestic drone industrial base.”

FCC Chairman Brendan Carr welcomed the move in a statement.

“President Trump is unleashing American drone dominance. And I welcome the Department of War’s important work to restore American airspace sovereignty,” he said. “I welcome the DoW’s determination on drones that do not pose unacceptable risks, and I am pleased to have the FCC update the Covered List accordingly.”

American Drone Dominance

The FCC said on Dec. 22 that relying on foreign-made uncrewed aircraft systems and components poses an unacceptable risk to national security and banned their import.

The FCC explained in a fact sheet that in the December NSD, national security agencies had referenced concerns that foreign-made drones could be used for attacks and disruptions in the United States, as well as for unauthorized surveillance and the gathering of sensitive information.

The ban affects new models of devices on the Covered List, but does not prohibit the import, sale, or use of any drones that the FCC had previously authorized, the commission’s fact sheet said. It added that the changes do not restrict the continued use of previously purchased technology, meaning that consumers can continue to use legally purchased aircraft systems.

While the blanket ban did not single out any specific companies, the move shut out large Chinese drone manufacturers such as DJI from the U.S. market. DJI said last month that more than 80 percent of the nation’s 1,800-plus state and local law enforcement and emergency response agencies that operate drone programs use DJI technology.

In June, President Donald Trump signed an executive order aimed at reducing the United States’s dependency on foreign technology.

Trump’s June 6 order said that the United States “must accelerate the safe commercialization of drone technologies and fully integrate UAS into the National Airspace System.”

“The time has come to accelerate testing and to enable routine drone operations, scale up domestic production, and expand the export of trusted, American-manufactured drone technologies to global markets,” Trump wrote in the order. “Building a strong and secure domestic drone sector is vital to reducing reliance on foreign sources, strengthening critical supply chains, and ensuring that the benefits of this technology are delivered to the American people.”