Two US drone actions reshape export controls and import tariffs: Key considerations

In two complementary actions issued on the same day, the United States federal government has fundamentally recalibrated its regulatory posture toward unmanned aircraft systems (UAS).

On August 13, 2026, the Bureau of Industry and Security (BIS) published a final rule streamlining export controls on commercial drones and related technology, removing requirements that the Trump Administration concluded were undermining US competitiveness without meaningfully advancing national security objectives.

Simultaneously, the White House issued a Presidential Proclamation under Section 232 of the Trade Expansion Act of 1962 imposing tariffs of up to 100 percent on imported UAS and components, citing the national security risks posed by excessive reliance on foreign – particularly Chinese – drone manufacturers.

Together, these actions advance the objectives of Executive Order (EO) 14307, “Unleashing American Drone Dominance,” and signal a pivot toward strengthening domestic drone manufacturing capacity while enabling US industry to compete globally.

Companies that manufacture, export, import, or integrate drone technology are encouraged to assess the impact of both rules on their operations.

BIS export control rule: Streamlining drone exports

On August 13, 2026, BIS published a final rule amending Parts 740, 744, and 774 of Title 15 of the Code of Federal Regulations to enable the export of US-manufactured commercial UAS, associated software, and technology.

The rule follows an interim final rule issued in January 2026 that received broadly supportive public comments.

Key changes to control parameters and thresholds

The rule makes several modifications to the Commerce Control List (CCL), including the following:

• The rule eliminates wind gust tolerance as a control parameter for UAS classified under Export Control Classification Number (ECCN) 9A012.a, removing a criterion that had captured many widely available commercial systems.
  
  
• The rule raises the endurance threshold for national security (NS) controls from 30 minutes to three hours, reflecting that the majority of commercial drones currently on the market can fly longer than 30 minutes. This means that UAS with flight endurance below three hours will no longer require a license for export to most destinations worldwide, subject to certain other parameters, as BIS determined that the technical knowledge underlying drones with 60-plus minute endurance is now globally widespread, openly taught in universities, and available in open-source communities. BIS noted that this makes existing controls ineffective while imposing disproportionate burdens on US companies.
  
  
• The rule 1) clarifies that UAS “specially designed” for military end use may be appropriately classified under ECCN 9A610.a when they are not described on the US Munitions List (USML) under the International Traffic in Arms Regulations (ITAR) and 2) adds a missile technology (MT) control to that ECCN. Additionally, BIS has identified fewer sensitive parts, components, accessories, and attachments for these UAS in ECCN 9A610.y.33.
  
  
• The rule makes License Exception Strategic Trade Authorization (STA) for ECCN 9A610 available to UAS for destinations in Country Group A:5, subject to certain other parameters and restrictions.

Remaining controls and compliance obligations

The newly eased export controls on UAS are not without limits. BIS added ECCNs 9A012, 9D001, 9D002, 9D004, and 9E001 to supplement No. 2 to Part 744 of the Export Administration Regulations (EAR), which imposes a licensing requirement for export, re-export, or in-country retransfer to military end users or uses in China, Russia, Belarus, Venezuela, and certain other destinations.

These UAS are now controlled only when exported to sanctioned or embargoed countries or for certain prohibited end uses and end users. Additionally, UAS not specially designed for military use will remain classified under ECCN 9A012 if they have an endurance of at least three hours and a range of at least 300 kilometers (km). Such UAS remain subject to NS Column 1, MT Column 1 (if capable of a maximum range of at least 300 km, regardless of payload, or if incorporating an aerosol dispensing system or mechanism with a capacity greater than 20 liters), and Anti-Terrorism Column 1 controls.

Effective date: August 13, 2026

Section 232 import restrictions on UAS

Also on August 13, 2026, President Donald Trump issued a Proclamation under Section 232 of the Trade Expansion Act, “Adjusting Imports of Unmanned Aircraft Systems Components into the United States,” which imposes substantial tariffs on imported UAS and UAS components.

The action follows a US Department of Commerce investigation finding that current import levels of foreign-manufactured drones threaten to impair US national security by undermining domestic production capacity and creating dangerous dependencies on foreign supply chains.

National security rationale

The Proclamation cites several findings, including the following:

• UAS are essential to modern military operations and have become a key technology in armed conflict;
  
  
• US government agencies depend on UAS for law enforcement, scientific research, environmental monitoring, and critical infrastructure protection;
  
  
• Import penetration from foreign producers is substantial and growing;
  
  
• Domestic manufacturers are heavily dependent on foreign sources for critical components including motors, electronic speed controllers, lithium-ion batteries, and docking stations; and
  
  
• UAS from certain foreign entities pose security risks due to data flows integrated into factory-installed operating systems that operators cannot control.

Tariff structure and phase-in schedule

The Proclamation establishes a tiered tariff regime. The first two tiers are effective September 3, 2026, and the third tier is effective February 9, 2027.

The tariffs are as follows:

• A 100-percent ad valorem duty on UAS with a maximum takeoff weight exceeding 25 kilograms (kg), UAS integrating thermal imagers, UAS docking stations, and certain critical UAS components listed in Annex I
  
  
• A 25-percent ad valorem duty on UAS with a maximum takeoff weight of 25 kg or less (Annex II)
  
  
• A 25-percent ad valorem duty on certain additional UAS components (Annex III), delayed six months to allow domestic production to increase

Preferential rates for allied-country products

The Proclamation also establishes reduced duty rates for UAS and components sourced from key US allies and partners. Products of Japan, the Republic of Korea, Taiwan, Switzerland, Liechtenstein, or European Union member nations are subject to a duty rate no higher than 15 percent ad valorem, inclusive of any Column 1 duty under the Harmonized Tariff Schedule of the US. Products originating in the United Kingdom are subject to a duty rate cap of ten percent ad valorem.

These preferential rates are not automatic. They apply only where importers certify that substantially all critical components and technology are products of the US or one of the listed allied countries. The Secretary of Commerce, in consultation with other senior executive branch officials, will establish a process to verify whether particular products satisfy these criteria and will inform US Customs and Border Protection accordingly.

Onshoring incentive program

The Proclamation establishes an onshoring incentive program under which companies investing in new US production facilities may receive preferential tariff treatment, including reduced or zero duties on covered products, upon submission and approval of qualifying onshoring plans.

Plans will be evaluated based on the amount of capital investment, production capacity timelines, number of US jobs created, and feasibility of completion by January 20, 2029.

Blue UAS Cleared List transition period

Companies whose products appear on the Blue UAS Cleared List or the Federal Communications Commission (FCC)’s Conditional Approval List receive a 180-day delay (approximately until February 2027) before the tariffs apply to their approved products and components. This provides a transition window for organizations currently relying on cleared foreign-manufactured systems to identify alternatives or adjust procurement strategies.

Rolling authority and ongoing monitoring

The Secretary of Commerce will continue to monitor UAS imports and may add additional components to the tariff regime if imports are determined to threaten national security. Accordingly, the scope of covered products could expand over time.

Practical considerations

Companies manufacturing, exporting, importing, or integrating drone technology may consider the following steps in light of the recent actions regarding UAS:

• Reassess export classifications immediately. US drone manufacturers and software and technology developers are encouraged to review their product classifications against the three-hour endurance threshold. Products previously requiring export licenses may now qualify for No License Required (NLR) treatment, depending on the destination and end use.
  
  
• Do not equate eased restrictions with decontrol. Military end-use and end-user restrictions, country embargoes, and BIS Entity List prohibitions remain in full effect. Companies are encouraged to ensure that their compliance programs screen transactions against the relevant restricted parties lists and US sanctions lists regardless of the new endurance threshold.
  
  
• Prepare for significant cost increases on imported UAS. Companies that import drones or drone components – whether for resale, integration, or internal use – are encouraged to model the financial impact of tariffs ranging from 25 to 100 percent and evaluate alternative sourcing strategies before the September 3, 2026 effective date.
  
  
• Evaluate onshoring opportunities. The onshoring incentive program creates a potential pathway to tariff relief for companies willing to invest in domestic manufacturing. Early movers could gain competitive advantage ahead of the January 2029 completion deadline.
  
  
• Leverage Blue UAS transition periods where applicable. Organizations currently procuring systems on the Blue UAS Cleared List or FCC Conditional Approval List have until approximately February 2027 before tariffs attach. This window can be used to evaluate procurement pipelines and negotiate contracts.
  
  
• Anticipate regulatory expansion. The scope of covered products is likely to grow as a result of the Secretary of Commerce’s rolling authority to add components to the tariff regime. Companies are encouraged to monitor Federal Register notices and plan for potential future designations.
  
  
• Recognize the coordinated policy signal. The simultaneous issuance of eased export controls and heightened import protection reflects a focused industrial policy to streamline drone sales by US companies abroad and provide additional protection for domestic manufacturers. Companies are encouraged to evaluate their long-term strategy in light of these developments.

DLA Piper’s National Security and Global Trade practice helps companies navigate the intersection of US export controls, trade remedies, and national security regulations. Our team can assist with:

• Reclassification of UAS products and technology under the revised CCL thresholds
  
  
• Tariff impact analysis and duty mitigation strategies for UAS importers
  
  
• Preparation and submission of onshoring plans under the incentive program
  
  
• Export compliance program updates to reflect the new regulatory landscape
  
  
• Supply chain restructuring and alternative sourcing strategies
  
  
• Engagement with BIS and Commerce Department on classification rulings and policy developments
  
  
• Compliance with FCC Covered List requirements applicable to UAS and other impacted technologies

For more information or to discuss how these actions may affect your business, please contact the authors.