Rule2026-01059
Streamlining Export Controls for Drone Exports
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 21, 2026
Effective
January 20, 2026
Issuing agencies
Commerce DepartmentIndustry and Security Bureau
Abstract
The Bureau of Industry and Security (BIS) is easing export controls on certain civil Unmanned Aerial Vehicles (UAVs) and related technologies, which currently need a license to be exported to most countries. In particular, this interim final rule (IFR): a) allows less sensitive UAVs--namely, commercial UAVs with a maximum endurance of less than one hour, for which there is broad foreign availability--to be exported to most Wassenaar Arrangement Participating States (Country Group A:1) without a license; and b) allows more capable non-military UAVs--namely, certain long-range cargo delivery and agricultural spraying drones--to be exported to certain U.S. partners and allies (Country Group A:5) under License Exception Strategic Trade Authorization (STA). Exports pursuant to License Exception STA are subject to notification and reporting requirements to ensure the security of the exports. BIS is making these changes pursuant to Executive Order (E.O.) 14307, "Unleashing American Drone Dominance."
Full Text
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<title>Federal Register, Volume 91 Issue 13 (Wednesday, January 21, 2026)</title>
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[Federal Register Volume 91, Number 13 (Wednesday, January 21, 2026)]
[Rules and Regulations]
[Pages 2467-2470]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-01059]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 740 and 774
[Docket No. 251222-0187]
RIN 0694-AK30
Streamlining Export Controls for Drone Exports
AGENCY: Bureau of Industry and Security, Department of Commerce.
ACTION: Interim final rule.
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SUMMARY: The Bureau of Industry and Security (BIS) is easing export
controls on certain civil Unmanned Aerial Vehicles (UAVs) and related
technologies, which currently need a license to be exported to most
countries. In particular, this interim final rule (IFR): a) allows less
sensitive UAVs--namely, commercial UAVs with a maximum endurance of
less than one hour, for which there is broad foreign availability--to
be exported to most Wassenaar Arrangement Participating States (Country
Group A:1) without a license; and b) allows more capable non-military
UAVs--namely, certain long-range cargo delivery and agricultural
spraying drones--to be exported to certain U.S. partners and allies
(Country Group A:5) under License Exception Strategic Trade
Authorization (STA). Exports pursuant to License Exception STA are
subject to notification and reporting requirements to ensure the
security of the exports. BIS is making these changes pursuant to
Executive Order (E.O.) 14307, ``Unleashing American Drone Dominance.''
DATES:
Effective date: This rule is effective on January 20, 2026.
Comment date: Comments on this IFR must be received by BIS no later
than February 19, 2026.
ADDRESSES: Comments on this IFR may be submitted to the Federal
rulemaking portal at: <a href="http://www.regulations.gov">www.regulations.gov</a>. The <a href="http://regulations.gov">regulations.gov</a> ID for
this IFR is BIS-2025-0092. Please refer to RIN 0694-AK30 in all
comments.
All filers using the portal should use the name of the person or
entity submitting the comments as the name of their files, in
accordance with the instructions below. Anyone submitting business
confidential information should clearly identify the business
confidential portion at the time of submission, file a statement
justifying nondisclosure and referring to the specific legal authority
claimed, and provide a non-confidential version of the submission.
For comments submitted electronically containing business
confidential information, the file name of the business confidential
version should begin with the characters ``BC.'' Any page containing
business confidential information must be clearly marked ``BUSINESS
CONFIDENTIAL'' on the top of that page. The corresponding non-
confidential version of those comments must be clearly marked
``PUBLIC.'' The file name of the non-confidential version should begin
with the character ``P.'' Any submissions with file names that do not
begin with either a ``BC'' or a ``P'' will be assumed to be public and
will be made publicly available at: <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Commenters submitting business confidential information are encouraged
to scan a hard copy of the non-confidential version to create an image
of the file, rather than submitting a digital copy with redactions
applied, to avoid inadvertent redaction errors which could enable the
public to read business confidential information.
FOR FURTHER INFORMATION CONTACT: For technical questions regarding this
IFR, contact Sharon Bragonje, Nuclear and Missile Technology Division,
Office of Nonproliferation and Foreign Policy Controls, Phone: 202-482-
0434, Email: <a href="/cdn-cgi/l/email-protection#42112a23302d2c6c003023252d2c282702202b316c262d216c252d34"><span class="__cf_email__" data-cfemail="e2b18a83908d8ccca09083858d8c8887a2808b91cc868d81cc858d94">[email protected]</span></a>.
For all other questions regarding this IFR, contact Logan Norton,
Export Policy Analyst, Regulatory Policy Division, Phone: 202-482-5334,
Email: <a href="/cdn-cgi/l/email-protection#287a786c1a684a415b064c474b064f475e"><span class="__cf_email__" data-cfemail="5b090b1f691b393228753f3438753c342d">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
On June 6, 2025, the President issued E.O. 14307, ``Unleashing
American Drone Dominance'' (90 FR 24727). E.O. 14307 tasked the
Secretary of Commerce to review and, as appropriate and consistent with
applicable law, amend the Export Administration Regulations (EAR) ``to
enable the expedited export of U.S.-manufactured civil UAVs to foreign
partners, provided such end users and recipient countries are not
identified as foreign adversaries and the export does not pose a risk
of diversion to programs of concern, or are otherwise restricted under
applicable statutes or regulations.'' See Sec. 8(a) of E.O. 14307 that
tasked the Secretary of Commerce to take these actions. Through this
IFR, BIS is taking action in response to this tasking in E.O. 14307.
E.O. 14307 promotes the U.S. UAV industry, which is enhancing
United States productivity, creating highly-skilled jobs, and reshaping
the future of aviation. UAVs are already transforming industries from
logistics and infrastructure inspection to precision agriculture,
emergency response, and public safety. Although the UAV industry has
made significant technological advancements in the past decade, and
capabilities that once provided a military advantage have become
increasingly available to consumers at significantly reduced costs,
relevant export controls have not kept pace with the advancement of the
commercial UAV market. Expanding the export of trusted, U.S.-
manufactured UAVs and related technologies to global markets supports a
strong and secure domestic UAV industry vital to the U.S. defense
industrial base and advances U.S. national security interests as
articulated in the Export Control Reform Act of 2018 (ECRA) (50 U.S.C.
4811(2) and (7)).
With this IFR, BIS has identified specific regulatory changes,
detailed in section II below, which achieve the President's objectives
of facilitating the export, reexport, and transfer (in-country) of UAVs
and related technologies subject to the EAR under conditions that do
not pose a risk to U.S. national security and foreign policy interests.
Pursuant to ECRA, BIS administers U.S. laws, regulations, and
[[Page 2468]]
policies governing the export, reexport, and transfer (in-country) of
commodities, software, and technology (collectively, ``items'') subject
to the EAR (15 CFR parts 730-774).
II. Amendments to the EAR
This IFR makes two primary regulatory changes by: (1) revising the
reason for control for UAVs described under Export Control
Classification Number (ECCN) 9A012.a.1; and (2) making certain UAVs
described in ECCNs 9A012 and 9A120 eligible for License Exception STA
under newly added Sec. 740.20(c)(1)(ii).
Prior to the effective date of this IFR, UAVs described under ECCN
9A012.a.1 were controlled for National Security Column 1 (NS1) reasons
and were only eligible for export ``no license required'' to Australia,
Canada, and the United Kingdom, pursuant to the Commerce Control List
(CCL)-based license requirements specified under the CCL in supplement
no. 1 to part 774 and the Commerce Country Chart under supplement no. 1
to part 738. See the April 19, 2024, BIS IFR, ``Export Control
Revisions for Australia, United Kingdom, United States (AUKUS) Enhanced
Trilateral Security Partnership'' (89 FR 28594). This IFR revises the
applicable reason for control to NS Column 2 (NS2) for .a.1 items,
making them eligible for export and reexport to destinations in Country
Group A:1 without a license. All other items detailed under ECCN 9A012
will retain their original NS1 reason for control.
Certain UAVs described under ECCNs 9A012 and 9A120 are also subject
to a Missile Technology Column 1 (MT) reasons for control. These UAVs
are MT-controlled because they are capable of either a maximum range of
at least 300 km (certain ECCN 9A012 items) or incorporate an aerosol
dispensing system/mechanism with a capacity greater than 20 liters (all
ECCN 9A120 items).
Prior to the effective date of this IFR, MT-controlled UAVs were
not eligible for License Exception STA. The License Exceptions
available to MT-controlled items are listed in Sec. 740.2(a)(5)(i) of
the EAR, and STA was not listed as a License Exception available for
MT-controlled items prior to this rule. Additionally, prior to this
rule, Sec. 740.20(b)(2)(iii) prohibited items controlled for MT
reasons from using License Exception STA, and Sec. 740.20(c) did not
include an authorizing paragraph addressing MT reasons for control that
is required for STA eligibility. Accordingly, an Individual Validated
License (IVL) (a.k.a. a license under the EAR) issued by BIS was
typically required to export such items to all destinations other than
Australia, Canada, and the United Kingdom.
This IFR makes exports and reexports of certain MT-controlled UAVs
eligible for License Exception STA. Specifically, MT-controlled UAVs
will be eligible for License Exception STA when exported, reexported,
or transferred (in-country) to or within Country Group A:5, provided
they are not capable of delivering at least a 500 kg payload to a
distance of at least 300 km. Likewise, UAVs with spraying functionality
controlled for MT reasons under ECCN 9A120 will be eligible for License
Exception STA when exported, reexported, or transferred (in-country) to
or within Country Group A:5, provided they are not capable of
delivering at least a 500 kg payload to a distance of at least 300 km.
This IFR does not need to make any conforming changes to MT-
controlled ECCNs on the CCL to implement this new License Exception STA
eligibility because this IFR retains the general restriction structure
on the use of license exceptions for MT-controlled items under
Sec. Sec. 740.2(a)(5) and 740.20(b)(2)(iii). Only those MT-controlled
items specified under Sec. 740.20(c)(1)(ii)(A) may overcome these
restrictions for MT-controlled items for purposes of License Exception
STA. This IFR adopts this structure to eliminate the need to add a
Special Conditions for License Exception STA section to MT-controlled
ECCNs. This IFR redesignates what had been paragraph (c)(1) in Sec.
740.20 as paragraph (c)(1)(i) and what had been the note to paragraph
(c)(1) as note paragraph (c)(1)(i). This IFR also adds a new paragraph
(c)(1)(ii) to specify that certain MT-controlled UAVs described in new
paragraph (c)(1)(ii)(A) are eligible for export to Country Group A:5
under License Exception STA. This IFR also adds a new note to paragraph
(c)(1) to further clarify that only MT-controlled items that meet the
criteria of paragraph (c)(1)(ii) and are controlled for one or more of
the reasons for control specified under paragraph (c)(1)(i) may be
authorized to Country Group A:5 under paragraph (c)(1).
To overcome the general restriction on the use of license
exceptions for MT-controlled items and make the UAVs detailed above
eligible for License Exception STA to Country Group A:5, BIS: (1)
revises Sec. 740.20(b)(2)(iii), which now provides a carveout for
these MT items under License Exception STA; and (2) makes a conforming
change by adding Sec. 740.2(a)(5)(i)(G), an exclusion from the general
restriction on the use of License Exceptions for MT items. With these
changes, certain MT-controlled UAVs described in ECCNs 9A012 and 9A120
will become eligible for License Exception STA to or among Country
Group A:5, provided the export, reexport, or transfer (in-country) is
not otherwise restricted under one of the other general restrictions
under Sec. 740.2 and meets all of the applicable terms and conditions
of License Exception STA under Sec. 740.20, including new paragraph
(c)(1)(ii) that this IFR adds.
Export Control Reform Act of 2018
On August 13, 2018, the President signed into law the John S.
McCain National Defense Authorization Act for Fiscal Year 2019, which
included ECRA (codified, as amended, at 50 U.S.C. 4801-4852). ECRA
provides the legal basis for BIS's principal authorities and serves as
the authority under which BIS issues this rule. In particular, and as
noted elsewhere, Section 1753 of ECRA (50 U.S.C. 4812) authorizes the
regulation of exports, reexports, and transfers (in-country) of items
subject to U.S. jurisdiction. Further, Section 1754(a)(1)-(16) of ECRA
(50 U.S.C. 4813(a)(1)-(16)) authorizes, inter alia, the establishment
of a list of controlled items; the prohibition of unauthorized exports,
reexports, and transfers (in-country); the requirement of licenses or
other authorizations for exports, reexports, and transfers (in-country)
of controlled items; apprising the public of changes in policy,
regulations, and procedures; and any other action necessary to carry
out ECRA that is not otherwise prohibited by law. Pursuant to Section
1762(a) of ECRA (50 U.S.C. 4821(a)), these changes can be imposed in a
final rule without prior notice and comment.
Rulemaking Requirements
1. BIS has examined the impact of this rule as required by E.O.s
12866 and 13563, which direct agencies to assess all costs and benefits
of available regulatory alternatives and, if regulation is necessary,
to select regulatory approaches that maximize net benefits (e.g.,
potential economic, environmental, public, health, and safety effects,
distributive impacts, and equity). Pursuant to E.O. 12866, as amended,
this IFR has been determined to be a ``significant regulatory action.''
Although it is a ``significant regulatory action'' for purposes of E.O.
12866, this rule is exempt from the requirements of E.O. 14192, because
it is being issued with respect to a national security function of the
United States, per section 5(a) of E.O. 14192.
[[Page 2469]]
2. Notwithstanding any other provision of law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.) (PRA), unless that collection of information displays a currently
valid Office of Management and Budget (OMB) Control Number. This rule
involves the following OMB-approved collections of information subject
to the PRA:
<bullet> 0694-0088, ``Simple Network Application Process and
Multipurpose Application Form,'' which carries a burden hour estimate
of 29.4 minutes for a manual or electronic submission;
<bullet> 0694-0096 ``Five Year Records Retention Period,'' which
carries a burden hour estimate of less than 1 minute; and
<bullet> 0607-0152 ``Automated Export System (AES) Program,'' which
carries a burden hour estimate of 3 minutes per electronic submission.
BIS estimates that these new controls under the EAR will result in
a decrease of 30 license applications submitted annually to BIS.
Additional information regarding these collections of information--
including all background materials--can be found at: <a href="https://www.reginfo.gov/public/do/PRAMain">https://www.reginfo.gov/public/do/PRAMain</a> by using the search function to enter
either the title of the collection or the OMB Control Number.
3. This rule does not contain policies with Federalism implications
as that term is defined under E.O. 13132.
4. Pursuant to section 1762 of ECRA (50 U.S.C. 4821), this action
is exempt from the Administrative Procedure Act (APA) (5 U.S.C. 553)
requirements for notice of proposed rulemaking, opportunity for public
participation, and delay in effective date.
5. Because neither the APA nor any other law requires that notice
of proposed rulemaking and an opportunity for public comment be given
for this rule, the analytical requirements of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) are not applicable. Accordingly,
no Final Regulatory Flexibility Analysis is required, and none has been
prepared.
List of Subjects
15 CFR Part 740
Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements.
15 CFR Part 774
Exports, Reporting and recordkeeping requirements.
Accordingly, parts 740 and 774 of the Export Administration
Regulations (15 CFR parts 730-774) are amended as follows:
PART 740--LICENSE EXCEPTIONS
0
1. The authority citation for part 740 continues to read as follows:
Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 22 U.S.C. 7201 et seq.; E.O. 13026, 61 FR
58767, 3 CFR, 1996 Comp., p. 228.
0
2. Amend section 740.2 by:
0
a. Revising paragraphs (a)(5)(i)(E) and (F), and
0
b. Adding paragraph (a)(5)(i)(G).
The revisions and addition read as follows:
Sec. 740.2 Restrictions on all License Exceptions.
(a) * * *
(5) * * *
(i) * * *
(E) License Exception AVS (Sec. 740.15(b)(1) through (b)(4),
(c)(1), (2), (e), and (f) of the EAR);
(F) License Exception APR (Sec. 740.16(c) through (f) of the EAR);
and
(G) License Exception STA (Sec. 740.20(c)(1)(ii) of the EAR).
* * * * *
0
3. Amend section 740.20 by:
0
a. Revising paragraph (b)(2)(iii); and
0
b. Revising paragraph (c)(1).
The revisions read as follows:
Sec. 740.20 License Exception Strategic Trade Authorization (STA).
* * * * *
(b) * * *
(2) * * *
(iii) License Exception STA may not be used for any item that is
controlled for reason of encryption items (EI), short supply (SS),
surreptitious listening (SL), or chemical weapons (CW). License
Exception STA may not be used for any item that is controlled for
missile technology (MT) reasons, except for MT-controlled items
specified under paragraph (c)(1)(ii) of this section.
* * * * *
(c) Authorizing paragraphs--(1) Multiple reasons for control. (i)
Applicable reasons for control other than missile technology (MT).
Exports, reexports, and transfers (in-country) in which the only
applicable reason(s) for control is (are) national security (NS);
chemical or biological weapons (CB); nuclear nonproliferation (NP);
regional stability (RS); crime control (CC); and/or significant items
(SI) are authorized for destinations in or nationals of Country Group
A:5 (see supplement no. 1 to part 740 of the EAR).
Note to paragraph (c)(1)(i). License Exception STA under Sec.
740.20(c)(1)(i) may be used to authorize the export, reexport, or
transfer (in-country) of ``600 series'' items only if the purchaser,
intermediate consignee, ultimate consignee, and end user have
previously been approved on a license or other approval, i.e.,
Directorate of Defense Trade Controls (DDTC) Manufacturing License
Agreement (MLA), Technical Assistance Agreement (TAA), Warehouse
Distribution Agreement (WDA), or General Correspondence approval
(GC) issued by BIS or DDTC at the U.S. Department of State.
(ii) MT reason for control. Exports, reexports, and transfers (in-
country) of items controlled for MT reasons specified under paragraph
(c)(1)(ii)(A) of this section are authorized for destinations in
Country Group A:5 (see supplement no. 1 to part 740 of the EAR).
(A) Unmanned aerial vehicles (UAVs) and unmanned ``airships''
controlled for missile technology (MT) reasons in ECCNs 9A012 and 9A120
are authorized for destinations in Country Group A:5 (see supplement
no. 1 to part 740 of the EAR), provided that the UAV or unmanned
``airship'' cannot deliver a payload of at least 500 kg to a range of
at least 300 km.
(B) [Reserved]
Note to paragraph (c)(1): The only MT-controlled items that may
be authorized under this paragraph (c)(1) are those specified in
paragraph (c)(1)(ii) of this section and controlled for one or more
of the reasons for control specified under paragraph (c)(1)(i) of
this section.
* * * * *
PART 774--THE COMMERCE CONTROL LIST
0
4. The authority citation for part 774 continues to read as follows:
Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 10 U.S.C. 8720; 10 U.S.C. 8730(e); 22 U.S.C.
287c, 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; 42 U.S.C. 2139a; 15
U.S.C. 1824; 50 U.S.C. 4305; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210;
E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228.
0
5. Supplement no. 1 to part 774 is amended by revising ECCNs 9A012 to
read as follows:
* * * * *
9A012 Non-military ``Unmanned Aerial Vehicles,'' (``UAVs''),
unmanned ``airships'', related equipment and ``components'', as follows
(see List of Items Controlled).
License Requirements
Reason for Control: NS, MT, AT
Country chart (See supp. no.
Control(s) 1 to part 738)
NS applies to entire entry, except .a.1... NS Column 1.
[[Page 2470]]
NS applies to 9A012.a.1................... NS Column 2.
MT applies to non-military Unmanned Aerial MT Column 1.
Vehicles (UAVs) and Remotely Piloted
Vehicles (RPVs) that are capable of a
maximum range of at least 300 kilometers
(km), regardless of payload, and UAVs
that meet the requirements of 9A120.
AT applies to entire entry................ AT Column 1.
List Based License Exceptions (See Part 740 for a Description of all
License Exceptions)
LVS: N/A
GBS: N/A
List of Items Controlled
Related Controls: (1) See the U.S. Munitions List Category VIII (22 CFR
part 121). (2) Also see ECCN 9A610 and Sec. 744.3 of the EAR. (3) For
``UAVs'' that are ``sub-orbital craft,'' see ECCNs 9A004.h and 9A515.a.
Related Definitions: N/A
Items:
a. ``UAVs'' or unmanned ``airships'', designed to have controlled
flight out of the direct `natural vision' of the `operator' and having
any of the following:
a.1. Having all of the following:
a.1.a. A maximum `endurance' greater than or equal to 30 minutes
but less than 1 hour; and
a.1.b. Designed to take-off and have stable controlled flight in
wind gusts equal to or exceeding 46.3 km/h (25 knots); or
a.2. A maximum `endurance' of 1 hour or greater;
Technical Notes: 1. For the purposes of 9A012.a, `operator' is a
person who initiates or commands the ``UAV'' or unmanned ``airship''
flight.
2. For the purposes of 9A012.a, `endurance' is to be calculated for
ISA conditions (ISO 2533:1975) at sea level in zero wind.3. For the
purposes of 9A012.a, `natural vision' means unaided human sight, with
or without corrective lenses.
b. Related equipment and ``components'', as follows:
b.1 [Reserved]
b.2. [Reserved]
b.3. Equipment or ``components'' ``specially designed'' to convert
a manned ``aircraft'' or a manned ``airship'' to a ``UAV'' or unmanned
``airship'', controlled by 9A012.a;
b.4. Air breathing reciprocating or rotary internal combustion type
engines, ``specially designed'' or modified to propel ``UAVs'' or
unmanned ``airships'', at altitudes above 15,240 meters (50,000 feet).
* * * * *
Julia A. Khersonsky,
Deputy Assistant Secretary for Strategic Trade.
[FR Doc. 2026-01059 Filed 1-20-26; 8:45 am]
BILLING CODE 3510-33-P
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