US Eases Export Controls on Lower-Endurance Drones, Tightens Some Military-Related Rules
The U.S. Commerce Department's Bureau of Industry and Security (BIS) has issued a final rule that eases export controls on certain drones and related items, while also enhancing controls in a few key areas. The rule, titled "Streamlining Export Controls for Drone Exports," was published in the Federal Register on Aug. 14, 2026, and is effective as of Aug. 13, according to a report by JD Supra.
The rule, as described by Sandler, Travis & Rosenberg, P.A., aims to better align the Export Administration Regulations (EAR) with the current UAV technology landscape. BIS states the shift moves focus away from widely-available commercial capabilities and tailors controls to UAVs with capabilities that adversaries could use to pose a national security threat to the U.S.
Key Changes: Endurance Threshold and Wind Gust Tolerance
A central change removes national security (NS) controls on drones that can be operated beyond the operator's natural line of sight (BVLOS) and have an endurance of less than three hours. Previously, UAVs with a maximum endurance of 30 minutes to less than 1 hour that were designed for stable controlled flight in wind gusts equal to or exceeding 25 knots, or with endurance of 1 hour or greater, were subject to NS controls, according to JD Supra.
Sandler, Travis & Rosenberg adds that the rule also eliminates wind gust tolerance as a parameter for determining UAV controls and raises the threshold for NS controls from 30 minutes to three hours of endurance.
Classification and Controls on Lower-Endurance Drones
While lower-endurance BVLOS UAVs remain classified under ECCN 9A012, they now face only anti-terrorism (AT) controls, which permit exports to non-prohibited parties and end-uses in all countries except Belarus, Cuba, Iran, North Korea, Syria, Russia, and sanctioned regions of Ukraine, per JD Supra.
The rule also expands controls on some lower-endurance BVLOS UAVs that previously did not meet the technical criteria for ECCN 9A012 and were classified in ECCN 9A991 or designated as EAR99. These UAVs are now listed on the Commerce Control List (CCL) under ECCN 9A012 and are subject to military end-user/end-use controls, JD Supra reports. This means any sales or transfers involving Burma, Cambodia, China, Iraq, Nicaragua, or Venezuela—directly or indirectly—would require enhanced due diligence to confirm no military end-user or end-use, and sales to parties on the BIS Military End-User List are prohibited.
The rule maintains military end-use and end-user controls on lower-endurance drones and associated software and technology, according to Sandler, Travis & Rosenberg.
Higher-Endurance Drones and Advanced Sensors
Higher-endurance UAVs and those with advanced sensors—including cameras, lasers, radar systems, accelerometers, or gyros—remain classified in ECCN 9A012.a.2 through a.5 and continue to be subject to NS controls. These controls require a license for export to all countries except Australia, Canada, and the United Kingdom, and missile technology controls apply if the range exceeds 300 kilometers, JD Supra states.
Hobby drones and other drones that cannot operate beyond the operator's line of sight will continue to face minimal controls and remain classified in ECCN 9A991 or EAR99. The rule also does not affect UAVs on the U.S. Munitions List subject to the International Traffic in Arms Regulations (ITAR), JD Supra adds.
Military Drones: Clarification and License Exception
BIS clarified that ECCN 9A610 is intended to capture a broader range of UAVs, and would likely consider certain UAVs capable of performing military reconnaissance, surveillance, or combat support as specially designed for military application, per JD Supra. The rule removes NS controls on certain specially-designed parts, components, accessories, and attachments for such UAVs, as they do not provide significant military or intelligence capabilities, according to Sandler, Travis & Rosenberg.
The rule expands License Exception STA for military UAVs, with conditions. The exception is not available for any UAV capable of delivering a payload of at least 500 kg to a range of at least 300 km, and BIS must first determine eligibility under EAR § 740.20(g), JD Supra reports.
Software and Technology Controls
The rule removes NS controls on software and technology tied to low-endurance UAVs, specifically in ECCNs 9D001, 9D002, 9D004.e, and 9E001, related to items in ECCN 9A012.a.1, according to JD Supra. Some software and technology previously classified in ECCN 9D991, 9E991, or designated EAR99 could now be controlled in these new ECCNs, continuing to be controlled only for anti-terrorism reasons but potentially subject to enhanced military end-user/end-use controls.
Software and technology tied to longer-endurance drones or those with advanced sensors/IMUs continue to be controlled for national security reasons, JD Supra adds.
Implications for Industry
The rule is expected to bring significant benefits for many in the drone industry. U.S. drone companies will no longer need a license to export many lower-endurance UAVs to customers in most parts of the world, and companies producing military UAVs may be able to use License Exception STA if BIS confirms eligibility, JD Supra predicts. However, the largest impact will likely be on companies that sell to or procure from China or other countries of concern, with enhanced due diligence and classification changes potentially affecting operations.