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Wednesday, February 4, 2026

FCC ban exempts some international drones now — with one other caveat


Simply two weeks after the FCC shocked the drone business by banning all future, foreign-made drones and elements, the federal government has issued a big replace creating exemptions for particular classes of kit. However there’s a catch: the exemptions expire on January 1, 2027, giving producers barely one 12 months to show their compliance.

On Jan. 7, 2026, the FCC up to date its Lined Listing to exempt two classes of drones and drone elements from the sweeping December 22 ban:

  • Drones and elements on the Division of Protection’s Blue UAS Cleared Listing
  • Drones and elements that meet the “Purchase American” normal (that means it’s at the least 65% U.S.-made by price).

Each exemptions are non permanent, expiring Jan. 1, 2027, until outdated by a brand new willpower.

What this truly means

When the FCC first banned “all UAS and UAS crucial elements produced out of the country,” it created chaos. The rule technically prohibited future foreign-made motors, batteries, cameras, flight controllers, communication methods, and navigation methods from receiving FCC gear authorizations, that are the approvals required to legally promote electronics in the USA.

Which means future fashions of current DJI drones, like a DJI Neo 3 or a DJI Mini 6 Professional (each of which don’t exist, as we’re at the moment on the DJI Neo 2 and the DJI Mini 5 Professional) wouldn’t be accredited for authorized sale within the U.S. However because the DJI Neo 2 and DJI 5 Mini Professional do exist already on the market, these should not banned.

The December ban additionally included some further positive print, saying that the Division of Protection (now known as “Division of Warfare” in official paperwork) or Division of Homeland Safety might subject particular determinations that sure drones or elements don’t pose safety dangers. This replace represents the primary main use of that exception.

The up to date Lined Listing now reads: “Uncrewed plane methods (UAS) and UAS crucial elements produced out of the country — besides, till January 1, 2027, (a) UAS and UAS crucial elements included on the Protection Contract Administration Company’s (DCMA’s) Blue UAS Cleared Listing, and (b) UAS crucial elements that qualify as ‘home finish merchandise’ underneath the Purchase American Commonplace, 48 CFR 25.101(a).”

Briefly, which means in case your drone is on the Blue UAS listing or meets Purchase American requirements, you will get FCC authorization for future fashions. If it’s not, then future fashions are nonetheless banned. But even this FCC exemption has its personal caveat: it’s solely legitimate till Jan. 1, 2027.

Right here’s a breakdown of the lates information round what the FCC ban exempts:

The Blue UAS Cleared Listing

IF800 Tomcat drone medium-lift made in California
Picture of the IF800 Tomcat drone courtesy of Impressed Flight Applied sciences.

The Blue UAS program has been round for years. It was created by the Division of Protection to establish drones and elements that meet strict cybersecurity and provide chain requirements. These merchandise have undergone “rigorous cyber and {hardware} assessments” and “intensive penetration testing” to make sure they don’t include {hardware}, software program, or provide chain vulnerabilities.

In line with the Division of Warfare’s willpower: “UAS and UAS elements included on the Blue UAS listing have met the best safety requirements so they can function in delicate environments, defend delicate info, and stop cyber vulnerabilities.”

You possibly can view the present listing right here, however fashionable drone methods which can be on the Blue UAS Cleared listing embody:

Which means these drones (and others on the Blue UAS Cleared listing) are exempt from the FCC ban. Then once more, notably absent are DJI, Autel, and different Chinese language producers like Potensic that dominate client and business markets.

The Blue UAS exemption applies till January 1, 2027, at which level the federal government will “reassess to find out if the import of Blue listed UAS and UAS crucial elements produced out of the country threatens the resiliency of our home drone industrial base.”

The Purchase American Commonplace

Skyways drones are made on the firms headquarters in Austin, Texas. (Picture by Sally French)

That is the place issues get attention-grabbing for producers making an attempt to conform with out getting on the Blue UAS listing. Below the Purchase American normal (48 CFR 25.101(a)), a drone or element qualifies as a “home finish product” if:

  1. It’s manufactured in the USA, AND
  2. The price of home elements exceeds 65% of the full price of the completed product (that 65% threshold will increase to 70% by 2029).

This implies a drone might theoretically embody 35% foreign-sourced elements (by price) and nonetheless qualify for the exemption, so long as it’s assembled within the U.S. and the vast majority of worth comes from American elements. That’s key, as only a few merchandise (in any business, actually) are wholly 100% made in America. Even with an American drone, you would possibly discover that the screws got here from Mexico, or the mounting brackets got here from China. This permits these small elements to nonetheless be foreign-made.

However even with this, the federal government is express that it is a non permanent baseline.

“Trade ought to plan for the home content material requirement for UAS and UAS crucial elements to proceed to extend within the following years,” in accordance with a truth sheet offered by the U.S. authorities. “Trade ought to use the Purchase American requirements as a baseline with plans to extend their home content material requirement.”

Particular circumstances

The FCC additionally introduced a course of for producers to request particular person “Conditional Approvals” for particular merchandise that aren’t on the Blue UAS listing or don’t meet Purchase American requirements.

Firms can e mail drones@fcc.gov with details about their product. The FCC will ahead the request to the Division of Warfare and Division of Homeland Safety for analysis.

As for what standards they’ll use to grant exemptions? That’s unclear. How lengthy the method takes? Additionally unclear. Whether or not any will truly be granted? Time will inform.

This seems like a security valve which may let sure merchandise squeeze by if they’ll exhibit they don’t pose safety dangers, nevertheless it’s not a path most producers will wish to depend on. It feels unlikely that something made by DJI would get accredited this fashion, however I hope I’m fallacious.

Associated learn: Will the FCC drone ban survive authorized challenges? Right here’s what might occur

Different drones which can be or aren’t banned

The brand new Antigravity A1 drone. It’s nonetheless authorized to purchase and fly! Picture by Sally French/The Drone Woman

Earlier than drone pilots begin celebrating, right here’s what stays banned:

Full foreign-manufactured future drones: Until your drone is on the Blue UAS listing or meets the 65% home content material threshold, it’s nonetheless banned from receiving new FCC gear authorizations. Which means new DJI fashions, new Autel fashions, and new merchandise from most Chinese language producers can not enter the U.S. market.

But it surely’s crucial to know that sure Chinese language drones are NOT banned:

Present drones stay authorized: Keep in mind, the ban solely prevents NEW gear authorizations. Shoppers can proceed to make use of any system that has obtained an gear authorization. When you personal a DJI Mavic, Air, or Mini proper now, you’ll be able to maintain flying it legally.

Beforehand accredited fashions can nonetheless be bought: The exemption is “forward-looking.” If a DJI Mini 4K was already FCC-authorized on December 21, producers can proceed promoting that precise mannequin. What they’ll’t do is introduce the Mini 5K or another new variant.

The January 1, 2027 deadline

Each exemptions explicitly terminate on the finish of 2026. After that, until the Division of Warfare extends the deadline or points new exemptions, solely absolutely compliant drones shall be allowed.

Regardless of granting these non permanent exemptions, the doc repeatedly emphasizes that international elements create “important vulnerabilities for the home drone industrial base.”

The DoW willpower states: “Whereas the DoW has decided that UAS and UAS elements included on the Blue UAS listing don’t at the moment pose speedy nationwide safety dangers to the American homeland, reliance on any international nation for crucial UAS elements nonetheless creates important vulnerabilities for the home drone industrial base.”

On the Purchase American exemption, they’re much more direct: “Whereas the Purchase American requirements assist American manufacturing, it’s crucial that now we have a totally impartial and strong home drone provide chain… Trade ought to use the Purchase American requirements as a baseline with plans to extend their home content material requirement.”

In different phrases: We’re letting you employ 65% American content material for now, however count on that bar to rise. The willpower concludes: “In step with President Trump’s revitalization of American manufacturing by America First insurance policies, UAS and UAS crucial elements should be in-built America.”

Associated learn: Do you have to purchase American drone shares after the FCC ban?

Questions we nonetheless want solutions to

Since I first wrote concerning the ban in December, I’ve gotten many, many questions from readers. With this new info, there are extra. Listed here are some widespread questions (and non-answers):

How do you show compliance? The FCC says candidates “might want to exhibit that UAS or UAS crucial elements weren’t produced out of the country” however “there isn’t any particular documentation or proof required.” So do producers self-certify? Do they want provide chain audits? What stops somebody from mendacity?

What counts as “produced out of the country”? The FAQs make clear that “the precise nationality of the entity or entities producing UAS or UAS crucial elements is just not related.” So a Chinese language firm manufacturing within the U.S. is ok? An American firm manufacturing in China is banned? The steering is obscure.

What occurs when elements have elements? A flight controller made in California would possibly use chips from Taiwan, connectors from Japan, and PCB fabrication from China. At what degree do you calculate the 65% threshold?

What about batteries and motors? FAQs offered by the U.S. authorities acknowledge that batteries and motors “historically don’t even require FCC gear authorization” and ensure they nonetheless don’t. However then it provides: “In line with the latest steering, all entities searching for a waiver for a UAS shall be required to ascertain an onshoring plan for the manufacturing of all UAS crucial elements, together with elements that don’t require FCC authorization.” So batteries don’t want FCC authorization, however you want a plan to fabricate them domestically? How does that work?

What we will count on now

Blue UAS producers like Skydio, Teal and Parrot have a 12 months of protected market entry. These firms might want to use this time correctly to scale manufacturing, enhance merchandise and put together.

American producers that use some international elements however can hit that 65% U.S. content material threshold have respiratory room till January 2027. They’ll want to make use of this 12 months to work on rising that proportion as a result of the federal government has made clear it is going to rise.

Overseas producers can maintain promoting current fashions, however they’ll’t introduce new merchandise until they make main manufacturing adjustments (together with constructing U.S. services with 65% home content material.

American drone pilots can proceed utilizing their current gear, and so they can proceed shopping for fashions which can be available on the market as we speak, whether or not new or used.

Part producers like chip makers and firms that construct motors, batteries and flight controllers are about to see important demand will increase.

FCC Chairman Brendan Carr issued an enthusiastic assertion, saying “President Trump is unleashing American drone dominance. And I welcome the Division of Warfare’s necessary work to revive American airspace sovereignty. I welcome the DoW’s willpower on drones that don’t pose unacceptable dangers, and I’m happy to have the FCC replace the Lined Listing accordingly.”

That’s a variety of welcoming for a coverage that simply instructed many of the drone business they’ve 356 days to fully restructure their provide chains or exit the U.S. market.

Now on the intense aspect, the FCC’s exemptions are higher than nothing. However this feels extra like delaying the issue than fixing it. What occurs in 356 days? Do the exemptions get prolonged? Do they expire and crash the market? Does home manufacturing capability miraculously scale up sufficient to fill the void?

The Blue UAS program is smart—security-vetted drones for presidency and enterprise use. However the client and small business market wants reasonably priced choices, and that market has been constructed on globalized provide chains.


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