Commerce Department Issues Notice of Proposed Rulemaking on Foreign Unmanned Aerial Systems

The United States Department of Commerce issued an advance notice of proposed rulemaking under its “information and communications technology and services” (ICTS) regulations on Friday to solicit comments from U.S. industry on the threat presented by Chinese and other foreign adversary drones, unmanned aerial systems, and supporting components and services. 

Commerce has broad rulemaking authority under its ICTS regulations to prohibit, restrict, and control transactions and business dealings involving foreign technology that can pose a threat to U.S. national security. Commerce has previously used its ICTS authority to ban the distribution of Kaspersky products in the United States and propose prohibitions on the import of Chinese connected vehicles and supporting items and services. Any rules ultimately adopted by Commerce regulating ICTS for UAS could have a substantial impact on the U.S. market given the current predominant market position of Chinese suppliers, particularly DJI. 

Commerce seeks comments on a broad range of issues, including the following:

• Key definitions
• The risks associated with foreign adversary UAS, including as related to the increasing integration of UAS with critical infrastructure
• Threats posed by foreign adversaries, including China and Russia
• The data collection capabilities, including machine learning algorithms, of UAS and related components
• The ICTS comments that enable UAS connectivity and the supply chain for those items
• The risks associated with foreign adversary involvement in ICTS that are integral to UAS, including the ability to control or block use of UAS systems
• Processes or mechanisms that could be adopted to mitigate threats to U.S. national security posed by foreign adversary UAS
• The economic impact of regulating transactions involving foreign adversary UAS ICTS

Comments are due on or before March 4, 2025.

Companies with questions, who are weighing whether to submit public comments, or who need assistance preparing comments should reach out to trusted counsel.

Learn more about Fenwick’s trade and national security team.