On August 14, 2026, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) published a final rule easing export controls on certain Unmanned Aerial Vehicles (UAVs or drones), related software, and parts under the Export Administration Regulations (EAR).
The rule builds on BIS’s January 21, 2026, interim final rule (IFR), “Streamlining Export Controls for Drone Exports,” by:
- eliminating wind-gust tolerance as a control parameter;
- increasing the national security control threshold for certain UAVs from 30 minutes of endurance to three hours;
- removing national security controls on related software and technology for UAVs below the three-hour threshold;
- maintaining military end-use and end-user controls for those lower-endurance UAVs and associated software and technology;
- clarifying Commerce Control List (CCL) controls for certain UAVs specially designed for military use; and
- removing national security controls on certain specially designed parts, components, accessories, and attachments that do not provide significant military or intelligence capabilities.
The implementation of this final rule advances the goals set out in section 8(a) of Executive Order 14307, “Unleashing American Drone Dominance” and goes beyond those adopted in January’s IFR (our summary of the IFR is available here). Given the widespread global availability of commercial drone technology, BIS concluded that many of the traditional control parameters for UAVs no longer provide meaningful national security distinctions. The agency therefore adopted these revisions to the EAR to better align export controls with current technological and commercial realities, reducing licensing requirements on the U.S. drone industry that might have incentivized foreign partners to source from U.S. competitors.
Most significantly, the final rule revises Export Control Classification Number (ECCN) 9A012 by eliminating wind gust tolerance as a control parameter for UAVs, increasing the control parameter for certain UAVs from 30 minutes of endurance to three hours, and removing the National Security Column 2 (NS2) controls for certain UAVs below that threshold. As a result, many commercially available drones that previously required licenses for national security reasons will now remain subject only to applicable anti-terrorism (AT), end-use, and end-user restrictions. UAVs that meet other control parameters, such as being capable of a range of 300 km or greater or incorporating certain controlled thermal imaging equipment, remain controlled for NS1 and/or Missile Technology (MT) reasons.
At the same time, BIS sought to ensure that these decontrols do not create military procurement loopholes. To preserve oversight of potential military applications, BIS added ECCNs 9A012, 9D001, 9D002, 9D004, and 9E001 to Supplement No. 2 to Part 744, thereby maintaining military end-use and military end-user controls for the newly decontrolled UAVs and related software and technology. The final rule therefore shifts licensing requirements away from broadly available commercial items and technologies while preserving controls on those that present heightened national security concerns.
The final rule also clarifies the treatment of UAVs specially designed for military use. BIS determined that certain military UAVs not described on the U.S. Munitions List (USML) should instead be controlled under ECCN 9A610.a. The agency explained that the evolution of drone technology has created a category of military-specific UAVs that warrant control under the CCL’s “600 series” even though they do not provide the critical military capabilities necessary for USML control. As a result, BIS revised ECCN 9A610 to expressly cover certain military UAVs and remotely piloted vehicles specially designed for military use.
In addition, BIS created new ECCN 9A610.y.33 to decontrol certain less-sensitive parts, components, accessories, and attachments for military UAVs, including items such as brackets, carrying cases, controllers, cables, adapters, chargers, docks, mounts, and propellers. BIS determined that these items generally do not provide significant military or intelligence advantages and therefore no longer warrant more restrictive controls.
Finally, BIS also expanded License Exception STA eligibility for certain MT-controlled UAVs classified under ECCN 9A610.a when exported to trusted allies in Country Group A:5.
The final rule is likely to reduce licensing burdens for many commercial drone manufacturers and exporters while allowing BIS to focus licensing and enforcement resources on higher-endurance systems, missile-relevant platforms, and military-specific UAV capabilities. Manufacturers, software developers, and suppliers supporting commercial and military drone programs should review existing ECCN classifications to determine whether UAVs, related software and technology, or military-drone components may qualify for less restrictive treatment under the revised controls, while also evaluating whether products specially designed for military use may now fall within revised ECCN 9A610 classifications.
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Cassidy Levy Kent’s attorneys, compliance professionals, economists, and licensed customs brokers assist clients navigating export controls and sanctions issues. We expect further developments in this space and will continue to provide updates. Please contact us with any questions.