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BIS Eases Export Controls on Certain UAVs: Key Takeaways from the August 13 Final Rule

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On August 13, 2026, the Administration took two significant and complementary actions reshaping the regulatory landscape for unmanned aerial vehicles (UAVs) to increase U.S. domestic production.

First, the Bureau of Industry and Security (BIS) published a final rule further easing export controls on certain UAVs and related hardware, technology and software under the Export Administration Regulations (EAR). This action substantially relaxes EAR controls on ordinary civilian and commercial drones, while retaining controls for military-designed systems, long-range missile-capable UAVs, drones incorporating sensitive equipment, and drones destined for prohibited end users or end uses. This will make it easier for U.S. UAVs to compete abroad and has the potential of lowering their costs to both the domestic and international markets by increasing sales opportunities.

Second, the President signed a Proclamation pursuant to Section 232 of the Trade Expansion Act of 1962 imposing tariffs on imports of certain UAVs (referred to as unmanned aircraft systems in the proclamation) and their parts and components. This will increase costs on all foreign-produced UAVs, including from allies.

Together, these actions reflect a coordinated “whole of government” approach to facilitate the growth of a larger and more competitive U.S. UAV industry.

Below, we summarize the key takeaways regarding the amendments to the EAR. Please see our separate article regarding the Section 232 action.

Lowering Export Requirements for Certain UAVs
The BIS final rule increased the minimum UAV endurance required for national security (NS) controls to apply from 30 minutes to three hours. UAVs with an endurance under three hours and designed to have controlled flight out of the direct natural vision of the operator are still controlled under ECCN 9A012, but will only be subject to minimal anti-terrorism (AT) controls, so long as their range is under 300 km, and they do not incorporate strictly controlled thermal imaging equipment (ECCN 6A003), certain lasers (ECCN 6A005) or certain navigational equipment incorporating gyroscopes (ECCNs 7A001, 7A002, 7A003 or 7A005). The final rule also eliminated wind gust tolerance as a parameter for determining UAV controls under the EAR.

As a result of these amendments, the number of destinations requiring a license for UAVs with an endurance of less than three hours has been significantly reduced (provided such UAVs do not have a range of 300+ km and they do not incorporate advanced equipment). Such UAVs are now controlled only for AT reasons under ECCN 9A012, which means that the items are subject to licensing requirements only for exports to sanctioned or embargoed countries, including Russia and Belarus, or to certain prohibited end uses and end users.

Missile technology (MT) controls, however, continue to apply to UAVs capable of a range of 300 km or greater, regardless of payload or endurance, or if otherwise meeting the control parameters of ECCN 9A120.

All UAVs, regardless of endurance, will remain controlled for NS reasons if they incorporate certain controlled payloads, including thermal imaging equipment (ECCN 6A003), certain lasers (ECCN 6A005), or certain navigational equipment incorporating gyroscopes (ECCNs 7A001, 7A002, 7A003 or 7A005).

Conforming changes were also made for software and technology for the development and production of ECCN 9A012 UAVs that are no longer subject to NS controls.

Military UAVs Not Subject to ITAR
BIS and its interagency partners determined that certain military UAVs not described on the U.S. Munitions List (USML) warrant control under ECCN 9A610.a. BIS provided guidance that the Military End-Use Examples in Supplement No. 1 to Part 744 can be informative when assessing whether a design or modification would result in a UAV being classified in ECCN 9A610 rather than ECCN 9A012.

BIS further stated that if a UAV not described on the USML is designed or modified to meet the needs of a military customer by adding at least one feature or capability that would not also be included for civil or commercial purposes, regardless of significance, that UAV should be reviewed for control under ECCN 9A610.a using the definition of “specially designed.” This suggests that even a comparatively minor military-specific feature may trigger a “specially designed” analysis. It does not necessarily establish that every military sale converts a commercial UAV into a 9A610 item, but it makes the design history, customer specifications, engineering changes, and § 772.1 “specially designed” analysis critical to the analysis.

BIS declined commenters’ request for additional explanation of “specially designed,” reasoning that § 772.1 already defines the term. Exporters may request a formal commodity classification under § 748.3 when the outcome is uncertain.

License Exception Strategic Trade Authorization
BIS revised License Exception STA to authorize qualifying MT-controlled UAVs in ECCN 9A610 to Country Group A:5 destinations. [1] Previously, only ECCNs 9A012 and 9A120 MT-controlled UAVs and unmanned airships were eligible to use STA. Additionally, NS-controlled UAVs classified under ECCN 9A012 continue to be eligible for License Exception STA.

The authorizations above are subject to three important conditions:

  1. The UAV cannot deliver a payload of 500 or more kilograms to a range of 300 or more km;
  2. For a ECCN 9A610.a UAV, BIS must first provide an affirmative STA eligibility determination for the end item and the ultimate end user; and
  3. The exporter must satisfy the ordinary STA requirements, including consignee-related conditions and documentation.

BIS rejected broader requests to extend STA to other sensitive UAV software and technology, particularly certain MT-controlled software and technology.

Military End Use or End User License Requirements
Finally, BIS added UAVs controlled under ECCN 9A012, and related development and production software and technology controlled under ECCNs 9D001, 9D002, 9D004 and 9E001 to the list of items in Supplement No. 2 to Part 744 of the EAR that are subject to military end use or end user license requirements for certain end users.

This final rule is effective as of August 13, 2026.

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[1] As of August 18, 2026, Country Group A:5 destinations include: Argentina, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, India, Ireland, Italy, Japan, South Korea, Latvia, Lithuania, Luxembourg, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, Türkiye, United Arab Emirates, and United Kingdom.

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