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BIS Streamlines Export Controls for Drone and UAV Exports | ECTI

Written by Jim Fox | 8/24/26, 5:56 PM

On August 14, 2026, the U.S. Department of Commerce, Bureau of Industry and Security (BIS) published a Final Rule (FR), titled “Streamlining Export Controls for Drones Exports” (Federal Register: Streamlining Export Controls for Drone Exports). The FR is effective August 13, 2026.

BIS is easing export controls on certain Unmanned Aerial Vehicles (UAVs or drones) and related parts, components, accessories, attachments, technology, and software under the Export Administration Regulations (EAR).

This final rule responds to Executive Order (E.O. 14307) “Unleashing American Drone Dominance”. The E.O directed the Secretary of Commerce, in coordination with the Secretaries of Energy, State, and War to review the EAR and, as appropriate and consistent with applicable law, revise the regulations to enable the expedited export of U.S.-manufactured UAV’s to foreign partners.

Civil and commercial applications of UAVs have significantly expanded in recent years, from law enforcement, search and rescue, and disaster response to agriculture and infrastructure inspection. Existing controls are ineffective because UAVs with performance at the current control thresholds are now readily available on the global commercial market. The decontrols implemented in this rule support the competitiveness of the U.S. drone industrial base while protecting national security.

Widespread foreign availability of more advanced UAVs has undermined the effectiveness of export controls based on existing parameters, such as flight endurance and wind gust tolerance. This final rule implements changes to better align the EAR with the current UAV technology landscape. It builds on the January 2026 interim final rule and does not alter the policy changes already implemented by that rule.

What has changed?

The FR implements five regulatory changes:

1.) ECCN 9A012.a is revised to reflect more appropriate and properly calibrated controls.

a) Paragraph .a.1.b is removed. This was the former wind gust parameter control.

b) Paragraph .a.1 now details UAVs with a maximum endurance of less than 3 hours.

c) Paragraph .a.2 is revised to an endurance of 3 hours or greater.

d) National Security Column 2 (NS2) control has been removed from paragraph .a.1

e) Missile Technology Column 1 (MT1) control will apply to a UAVs and RPVs (remotely piloted vehicles) capable of a range of 300 km or greater, regardless of payload, and to UAVs that otherwise meet the control parameters of ECCN 9A120.

f) UAVs, regardless of endurance, will remain controlled for NS1 and AT1 if they incorporate certain controlled thermal imaging equipment described in ECCN 6A003, certain lasers described in ECCN 6A005, certain radar systems described in ECCN 6A008, as well as certain navigational equipment or systems incorporating gyroscopes described in ECCNs 7A001, 7A002, 7A003, or 7A005.

g) Related Control 4 is added to ECCN 9A012, referring to ECCN 9A610 and USML Category VIII for military UAVs.

2.) Conforming changes to remove the National Security column 1 (NS1) reason for control on software and technology for those items in 9A012.a.1, i.e., UAVs with an endurance less than 3 hours.

a) 9D001 updated reason for control NS applies to “software” for equipment … (except 9A012.a.1)

b) 9D002 updated reason for control NS applies to “software” for equipment … (except 9A012.a.1)

c) 9D004 updated reason for control NS applies to “software” for equipment … (except 9A012.a.1)

d) 9E001 updated reason for control NS applies to “technology” for items … (except 9A012.a.1)

3.) 9A610 is revised

a) Paragraph .a has been revised through Note 1 to item paragraph .a to include “Unmanned Aerial Vehicles” (UAVs), and “Remotely Piloted Vehicles” (RPV’s) if they are “specially designed” to provide military capabilities but are not described on the USML.

b) Missile Technology Column 1 (MT1) has been revised to specifically control “unmanned Aerial Vehicles (UAVs) and “Remotely Piloted Vehicles (RPVs) in 9A601.a that are capable of a range of 300 km or greater, regardless of payload, or if otherwise meeting the control parameters of ECCN 9A120.

c) Ad new item paragraph .y.33 is added for certain specially designed parts, components accessories, and attachments for 9A610.a UAVs and RPVs.

4.) Revision to the List of Items Subject to the Military End Use or End User license requirement

  1. Supplement No. 2 to Part 744 has been updated to include the following ECCNs:

    • 9A012, for UAVs controlled by 9A012.a.1
    • 9D001 “Software’’, not specified in 9D003 or 9D004, ‘‘specially designed’’ or modified for the ‘‘development’’ of equipment or ‘‘technology’’ controlled by 9A012.a.1.
    • 9D002 “Software’’, not specified in 9D003 or 9D004, ‘‘specially designed’’ or modified for the ‘‘development’’ of equipment or ‘‘technology’’ controlled by 9A012.a.1.
    • 9D004 Other “software’’, for equipment controlled by 9A012.a.1.
    • 9E001 ‘‘Technology’’ according to the General Technology Note for the ‘‘development’’ of equipment or ‘‘software’’, controlled by 9A012.a.1.

5.) Update to License Exception STA

a) MT-controlled UAVs and unmanned “airships” in 9A012, 9A120, and 9A610 are eligible for License Exception STA to destinations in Country Group A:5, provided:

  • The UAV or unmanned ‘‘airship’’ cannot deliver a payload of at least 500 kg to a range of at least 300 km, and

  • The UAV and unmanned ‘‘airships’’ classified under 9A610.a, the items have been made eligible for use of STA pursuant to § 740.20(g).

 

Conclusion:

Civil and commercial applications of UAVs and drones have significantly expanded, and there is widespread foreign availability of comparable capabilities. Therefore, BIS has revised the enumerated control parameters for certain UAVs and related software and technology to better align the EAR with the current technology landscape.

Proceed with Caution while the endurance threshold in 9A012.a.1 has been changed to less than 3 hours for widely available civil and commercial application UAVs, these UAVs may still be controlled for MT reasons if they are capable of a maximum range of at least 300 km, regardless of payload. ECCN 9A610.a may now capture more UAVs and RPVs that are specially designed to provide military capabilities. The Military End Use and End User Control List, Supplement No. 2 to Part 744, has also been updated to capture UAVs in 9A012.a.1 and related software and technology for UAVs in 9A012.a.1.

A license may still be required for your transaction. Review the technical parameters and classification of your specific UAV or drone, the destination, and the end use and end users carefully to determine whether a license or other authorization is required. The items affected by the final rule also remain subject to applicable end-use and end-user controls in Part 744 and embargoes and other special controls in Part 746 of the EAR.