| A Final Rule with effective August 14, 2026 has been issued by the Department of Commerce that eases export controls on certain Unmanned Aerial Vehicles (UAVs or Drones) and related parts, components, accessories, attachments, technology and software regulated under the EAR.
Specifically, ECCN 9A012 that regulated controls on UAVs/Drones is revised eliminating wind just tolerance as a parameter for determining UAVS controls and increases the control parameter for endurance to less than or greater than 3 hours. Drones with less than 3 hours of endurance, provided that they are not MT controlled based on range and payload, are exportable to most countries without a license. Drones with an endurance greater than 3 hours are NS1 controlled meaning export licenses are required except for Canada, United Kingdom and Australia. New ECCN entries are added in 9A012 to capture drones/UAVs incorporated cameras described in ECCN 6A003.b.3, 6A003.b.4.b, and radars in 6A008.d to .h. UAV and unmanned airships incorporating lasers enumerated in ECCN 6A005 and inertial measuring equipment or systems using accelerometers or gyros specified in ECCNs 7A001, 7A002, 7A003 or 7A005 are also described in the expanded ECCN 9A012. Conforming changes are made to remove national security controls on software and technology for UAVS with an endurance under 3 hours. The EAR maintains military end user/end user controls for UAVS with the lower endurance drones and their associated technology and software. To effect this change BIS has added ECCNs 9A012, 9D001, 9D002 and 9E001 to supplement no. 2 to part 744 – Items Subject to Military End Use End User Restrictions. To date UAVs have not been regulated in ECCN 9A610, based on historical aspect of military UAVs, however as UAVs have evolved with commercial UAVs being modified after development for military use, and smaller or less capable UAVs being designed and developed for military application that provide significant military advantage, but not a critical one that would warrant control in the ITAR USML. BIS identified that after interagency review it has been agreed that some military UAVs and remotely piloted vehicles can be captured in ECCN 9A610.a rather than ECCN 9A012 when “specially designed” to provide military capabilities not described on the ITAR USML. Provided as illustrative reference is Supplement No 1 to Part 744 which described “military end uses” which BIS believes is informative in assessing design or modification for military under ECCN 9A610.a including performing military reconnaissance, surveillance or combat support. The Final Rule also updates the availability for use of license exception Strategic Trade Authorization for certain transactions involving UAVs. The link to the Final Rule is HERE If you have any questions, please contact us at 703-847-5801 or info@fdassociates.net |