COMMERCE DEPARTMENT CONSIDERS RULEMAKING RELATED TO U.S. DRONE TECHNOLOGY
February 20, 2025
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On January 3, 2025, the U.S. Department of Commerce (the “Commerce Department”) announced an Advance Notice of Proposed Rulemaking (“ANPRM”) to secure the U.S. drone technology supply chain and prohibit foreign adversaries from accessing sensitive information. The Commerce Department’s Bureau of Industry and Security (“BIS”) seeks comments following increased drone encounters and serious concerns from U.S. lawmakers.
The ANPRM solicits public comments on potential rulemaking to protect the information and communication technology and services (“ICTS”) supply chain for unmanned aircraft systems (“UAS”), or drones. Citing national security concerns relating to the influence of foreign adversaries like China and Russia in the commercial drone marketplace, BIS is considering rulemaking aimed at certain transactions involving ICTS that are designed, developed, manufactured, or otherwise controlled by foreign adversaries. The Commerce Department is primarily concerned that the involvement of foreign adversaries could pose risks to U.S. national security and exploit private market participants. BIS is also considering whether to create a process for requesting authorization to engage in otherwise prohibited transactions involving foreign ICTS if the parties can demonstrate adequate mitigation efforts.
As the Commerce Department considers its options, U.S. lawmakers are also pushing to limit the reach of foreign drones in the U.S. marketplace. Legislation was introduced last year which would have banned Chinese DJI products from operating using U.S. communications infrastructure. The Commerce Department will accept comments on the ANPRM until March 4, 2025. Since the ANPRM was announced in the final weeks of the Biden administration, President Trump’s administration will be responsible for advancing any potential rulemaking.
This Aviation Blog is intended to keep readers current on developments in the law. It is not intended to be legal advice. If you have any questions, please contact Evelyn Sahr at 202.659.6622 or esahr@eckertseamans.com; Drew Derco at 202-659-6665 or dderco@eckertseamans.com; Jay Julien at 202.659.6648 or jjulien@eckertseamans.com, or Tyler Myers at 202.659.6642 or tmyers@eckertseamans.com, or any other attorney at Eckert Seamans with whom you have been working.
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