BIS Streamlines Licensing Requirements for Certain Civil UAV Exports

On January 20, 2026, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) issued an interim final rule (IFR) easing export control restrictions on certain civil unmanned aerial vehicle (UAV) exports. The IFR, which took immediate effect, relaxes export controls on civil UAVs (1) capable of flying for 30-60 minutes with certain stability requirements, (2) capable of a maximum range of 300 kilometers that carry lighter payloads, or (3) that incorporate certain aerosol dispensing systems, streamlining their exports to U.S. allies and partner countries.

In issuing the IFR, BIS noted that the UAV industry has evolved significantly in recent years, with capabilities once considered sensitive now readily available to consumers at relatively low costs. The IFR updates existing restrictions to better reflect current industry conditions. BIS further noted that the changes are intended to support a strong domestic UAV industry by ensuring U.S.-manufactured UAVs and related technologies remain readily accessible to the global market, while simultaneously advancing U.S. defense industrial base objectives and broader national security interests.

Key Changes

Pursuant to the IFR, less-sensitive UAVs classified under Export Control Classification Number (ECCN) 9A012.a.1 may now be exported to countries in Country Group A:1 under Part 740 of the Export Administration Regulations (EAR) without a license. Country Group A:1 includes many U.S.-allied countries. Prior to the amendment, UAVs controlled under ECCN 9A012.a.1 could only be exported without a license to the United Kingdom, Australia, or Canada.

ECCN 9A012.a.1 controls UAVs designed to have controlled flight out of the direct natural vision of the operator with (1) a maximum endurance greater than or equal to 30 minutes to less than one hour and (2) that are designed to take off and have stable controlled flight in wind gusts equal to or exceeding 25 knots.

In addition, BIS expanded the availability of license exceptions for certain UAVs controlled for Missile Technology (MT) reasons. In particular, the rule impacts ECCN 9A012 UAVs that are capable of a maximum range of at least 300 kilometers as well as all ECCN 9A120 UAVs, which are those that incorporate an aerosol dispensing system/mechanism with a capacity greater than 20 liters. Previously, exporters were required to obtain a license from BIS or rely on the limited license exceptions available for MT-controlled items under § 740.2(a)(5)(i). BIS amended the applicable license exception provisions to allow exporters to use License Exception Strategic Trade Authorization (STA) for the subset of ECCN 9A012 and all ECCN 9A120 UAVs described above.

As a result, UAVs controlled for MT reasons under ECCNs 9A012 and 9A120 may now be exported without a license to destinations in Country Group A:5, which includes all A:1 destinations except Mexico and South Africa, provided the requirements of License Exception STA are met. UAVs capable of delivering at least a 500-kilogram payload to a distance of at least 300 kilometers remain ineligible for License Exception STA.

Conclusion

These EAR amendments align U.S. export controls to the current state of the UAV industry, which is transforming services, creating high-skilled jobs, and reshaping the future of aviation. Notably, relatively few of the world’s top UAV manufacturers are U.S. companies, raising supply chain concerns and limiting commercial opportunities for U.S. UAV manufacturers. By easing restrictions, the IFR enables U.S. civil UAV manufacturers to export their qualifying UAVs more efficiently to U.S. allies and partners.

Going forward, U.S. producers and manufacturers of civil UAVs should assess whether their products qualify under the applicable amendments and, where they do, ensure compliance by maintaining appropriate records and fulfilling any reporting requirements. Although the IFR is effective immediately, BIS will accept comments on the changes until February 19, 2026.

Please contact any author of this Advisory or your Arnold & Porter relationship attorney if you have any questions or to seek further guidance or advice. 

© Arnold & Porter Kaye Scholer LLP 2026 All Rights Reserved. This Advisory is intended to be a general summary of the law and does not constitute legal advice. You should consult with counsel to determine applicable legal requirements in a specific fact situation.