On January 21, 2026, the U.S. Department of Commerce's Bureau of Industry and Security (BIS) issued an Interim Final Rule (IFR) that results in an easing of export restrictions for certain unmanned aerial vehicles (UAVs) and related technologies. The resulting regulatory changes by BIS will further allow for the exportation of U.S. origin UAVs, and related technologies, to a greater number of foreign countries without the need for an export license. However, it remains critical for any parties seeking to export UAVs to adequately review the applicable regulations to ensure compliance with any export restrictions or licensing requirements. Although the IFR is immediately effective, interested parties may submit comments prior to February 19, 2026.
BIS’s IFR is the latest in a series of coordinated federal actions implementing President Trump’s June 2025 Executive Order 14307, “Unleashing American Drone Dominance.” The IFR follows the Federal Aviation Administration’s earlier proposal enabling certain UAV operations in U.S. airspace beyond the visual line of sight of the operator. More recently, the Federal Communications Commission (FCC), released a Public Notice adding non-exempt foreign-manufactured UAS and UAS critical components to the FCC’s Covered List, effectively barring their importation for use or sale in the United States. The current BIS IFR completes the tri-agency effort contemplated under Executive Order 14307, illustrating a “whole of government” approach to strengthening the U.S. drone industrial base and supporting U.S. manufactured UAVs and U.S. operators.
Regulatory Background
BIS's changes relate to its enforcement of the Export Administration Regulations (EAR), which identify particular products and technologies with both civilian and military capabilities (i.e., dual-use) that require authorization from BIS prior to exporting to a foreign person. These products are listed within the Commerce Control List (CCL) and are identified by export control classification numbers (ECCNs) and sub-categories, each of which may carry different regulatory requirements for export depending on the technology and the final destination/end-user. BIS lists the relevant export restrictions based on various categories and risk profiles, such as Anti-Terrorism, National Security, Missile Technology, Regional Stability, etc. with specific countries listed within those categories and therefore subject to export control.
It is essential that business entities identify the applicable ECCN in advance of a potential export, because unauthorized exports may result in BIS enforcement action. ECCN determinations can be made through both self-assessment by the party in question, including in coordination with third-party experts, or via direct request to BIS through a Commodity Classification request.
BIS's Revisions to the EAR
The IFR addresses two sets of ECCNs, 9A012 and 9A120, each of which relate to non-military UAVs that meet distinguishing criteria in terms of payload and navigational capabilities. Further information relating to the ECCNs can be found through BIS's Interactive CCL tool here.
Previously, UAVs classified within sub-category 9A012.a, which requires the UAV to meet certain navigational and endurance-related criteria, were subject to significant export restrictions relating to “National Security 1” controls. This classification resulted in the only “no license” countries being Australia, Canada, and the United Kingdom, while exports to any other country would require a license from BIS. Following the IFR, UAVs categorized within 9A012.a are now subject to a less restrictive “National Security 2” set of controls, which greatly broadens the list of “no license” countries to include many EU nations as well as, for example, India, Japan, Mexico, South Africa, and Türkiye.1 However, any UAVs categorized elsewhere within 9A012 will remain subject to the more restrictive National Security 1 controls.
In addition, BIS has now opened the door for exporters of certain UAVs categorized within either 9A012 or 9A120 to take greater advantage of a broader license exception for Strategic Trade Authorization (STA). This exception has not previously been made available for the export of UAVs subject to “Missile Technology” controls, which means the UAV in question meets certain criteria relating to its maximum range or ability to incorporate an aerosol dispensing system that meets volumetric thresholds. As a result, and similar to the prior 9A012.a regime, these UAVs required a license for export to any country besides Australia, Canada, and the United Kingdom. Now, pursuant to the recent BIS IFR, UAVs with Missile Technology controls can take advantage of the STA exception for a subset of countries set forth in CCL as “A:5” nations, which includes a number of U.S. allied countries but notably does not include nations such as Brazil, Israel, Mexico, or Taiwan. The use of the STA exception is, however, not available to UAVs capable of delivering at least a 500 kg payload to a distance of at least 300 km. It therefore remains essential that any export that may take advantage of STA includes a country within the “A:5” group and that the export otherwise meets the necessary requirements provided in the EAR for the STA exception.
Cozen O'Connor is available to assist with questions relating to these adjustments, including navigating the regulatory landscape of the EAR, identifying appropriate ECCNs for products, and engaging with BIS when an export license may be required. Please contact any of the authors should you have questions.