Overview
Effective August 13, 2026, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) promulgated a final rule, Streamlining Export Controls for Drone Exports (the “Rule”). This Rule amends the Export Administration Regulations (“EAR”) to ease and update certain civilian, dual-use, and military export controls on certain Unmanned Aerial Vehicles (“UAVs”) and related components, accessories, technology, and software that are “subject to the EAR.”
The Rule’s changes are intended to align such UAV export controls with current commercial drone technology, including items with foreign availability previously treated as sensitive but that are now obtainable globally, to support the competitiveness of the U.S. drone industrial base and facilitate exports to foreign partners. Concurrently, the EAR maintains controls on UAVs, Remotely Piloted Vehicles (“RPVs”) and related items that could provide adversaries with military, intelligence, or missile-related capabilities.
Revisions to Export Control Classification Number (“ECCN”) 9A012
ECCN 9A012.a controls UAVs that meet specific technical parameters and that are designed to have controlled flight out of the direct natural sight of the operator. Prior to the Rule’s revisions, most commercially available UAVs were caught under this ECCN.
The Rule raises the endurance threshold from 30 minutes to 3 hours and removes wind gust tolerance as a control parameter. The revised 9A012.a.1 controls UAVs with a maximum endurance of less than 3 hours and with a maximum range of under 300 kilometers (“km”), and absent other sensitive range characteristics discussed below under the Missile Technology Control Regime (“MTCR”), are now controlled only for Anti-Terrorism Column 1 (“AT1”) reasons, not National Security (“NS”) reasons. As such, UAVs meeting the requirements under the new 9A012.a.1 may be exported, reexported, or transferred (in-country) (hereinafter “export”) to or within most destinations without a license. See Part 742 of the EAR and Supplement No. 1 to Part 740—Country Groups (including Country Group E).
UAVs with a maximum endurance of 3 hours or more remain controlled under ECCN 9A012.a.2 for both NS Column 1 (“NS1”) and AT1 reasons. BIS also clarifies that stronger Missile Technology Column 1 (“MT1”) controls continue to apply to any UAVs or RPVs subject to the EAR capable of a maximum range of at least 300 km, regardless of payload, and to UAVs that otherwise meet the control parameters of ECCN 9A120. MTCR-related controls will continue to apply to any UAV capable of delivering at least 500 kilograms (“kg”) payload to a range of at least 300 km. BIS also retains stricter NS1 and AT controls for 9A012.a UAVs that incorporate specified sensitive items, including certain thermal imaging equipment in ECCN 6A003, lasers in ECCN 6A005, or inertial/navigation equipment incorporating controlled accelerometers or gyroscopes in ECCNs 7A001, 7A002, 7A003, or 7A005. Commentary in the Rule notes that these stricter controls are necessary “to ensure adversaries cannot acquire sensitive optical or navigational equipment by purchasing inexpensive, low-endurance drones that have high-performance, easily-removable payloads or equipment installed or attached.”
Based on the decontrols under 9A012.a.1, the Rule makes conforming changes to UAV-related software and technology ECCNs 9D001, 9D002, 9D004, and 9E001, by removing the NS reason for control for software and technology associated with UAVs controlled under 9A012.a.1. However, AT controls remain for software and technology related to the development or production of, and software related to the operation of, 9A012 UAVs or RPVs, and MT controls apply for UAVs or RPVs with a range that exceeds 300 km, regardless of payload.
To preserve targeted end-use and end-user restrictions, the Rule adds 9A012, 9D001, 9D002, 9D004, and 9E001 to Supplement No. 2 to Part 744, making those items subject to military end-use and military end-user license requirements under § 744.21, among other prohibited controls under Part 744, or when destined to certain jurisdictions under Part 746 embargoes, sanctions, and other special controls.
Revisions to ECCN 9A610 & Guidance on “Specially Designed” Analysis
Compared to ECCN 9A012, ECCN 9A610.a imposes stricter controls on UAVs by capturing “military aircraft” that are “specially designed” for military use but are not enumerated or described in the International Traffic in Arms Regulation’s U.S. Munitions List (“USML”) Category VIII(a), administered by the U.S. Department of State, Directorate of Defense Trade Controls. The Rule clarifies that non-USML “military aircraft” under 9A610.a include UAVs and RPVs. BIS also added certain specially designed parts, components, accessories, and attachments with military use but of lesser sensitivity for 9A610.a or USML UAVs and RPVs as new paragraph .y.33, such as brackets, carrying cases, controllers, cables and adapters, chargers, docks, mounts, propellers, propeller systems, and propellers. Pursuant to the Rule, the MT reason for control will apply to UAVs capable of a maximum range of at least 300 km, regardless of payload.
BIS provides guidance on how to determine if a UAV is “specially designed” for a military use. Specifically, the Rule notes 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 9A610.a. BIS also comments that Supplement No. 1 to EAR Part 744 provides an illustrative list of “military end uses” that can be informative in assessing design or modification for military use under ECCN 9A610.a, including certain UAVs that are capable of performing military reconnaissance, surveillance, or combat support. Commentary in the Rule notes that “…it is conceivable that other capabilities would also bring an item into the scope of 9A610[,]” but BIS declined to elaborate, other than one should apply the definition of specially designed in § 772.1.
The Rule did not make substantive changes to: (1) ECCN 9A120, complete UAVs having certain characteristics not controlled under ECCNs 9A012 or 9A610, or (2) ECCN 0A919, certain “military commodities,” including UAVs, located and produced outside the United States. Companies should note that ECCN 0A919 in part controls foreign-made “military commodities” that are the direct products of or incorporate more than a de minimis amount of U.S.-origin “600 series” controlled content.
License Exception STA Applicability
As revised by the Rule, UAVs controlled for MT reasons under ECCNs 9A012, 9A120, or 9A610 may be eligible for License Exception STA for destinations in Country Group A:5, provided that the UAV cannot deliver a payload of at least 500 kg to a range of at least 300 km. Notably, standard conditions of STA can be utilized for UAVs under ECCN 9A012 (or 9A120) that are capable of a maximum range of at least 300 km, regardless of payload.
For all UAVs controlled under ECCN 9A610.a, regardless of the relevant reason for control, STA eligibility is subject to additional “600 series” requirements related to eligible end users and a requirement under § 740.20(g) that an STA Eligibility Request be submitted and approved by BIS for the specific UAV, before STA can be utilized.
Takeaways
Certain UAVs under ECCN 9A012.a.1 and related software and technology can now be exported to most destinations without requiring a BIS license. However, careful classification analysis is required to determine whether the technical endurance and range parameters of the UAV mean that stricter controls apply under ECCN 9A012 (i.e., NS1 or MT1 controls) or if the UAV is in fact controlled under ECCN 9A610.a as a “specially designed” military aircraft. Additionally, end use and end user prohibitions under Part 744 and embargoes/sanctions under Part 746 should be considered for recipients, consignees and destinations of such UAVs and RPVs. If a particular export does require a license, careful analysis and consideration should be given to the license exceptions under the EAR and their applicable requirements for eligibility, including under STA.
For more information on how the Rule may impact your business or to assist with analysis under the Rule, please contact a member of Steptoe’s Export Controls team.
