Drone Guidance
Drone Guidance – Export Controls
Drones—also known as Unmanned Aerial Vehicles (UAVs) or Unmanned Aircraft Systems (UAS)—are powerful tools in research, teaching, and fieldwork, but their use may be subject to US export control laws. While most hobbyist drones are not controlled, research drones often have advanced capabilities that are controlled. Even some commercial off-the-shelf (COTS) components may be controlled on their own or when part of a full system.
For consistency, this guidance uses the term “drones” to refer to all UAVs and UAS. This page provides key guidance to help researchers identify export control risks and remain compliant.
Export Controls
There are two primary sets of export control regulations:
1. ITAR (International Traffic in Arms Regulations) - ITAR controls military or defense-related technologies. Drones designed for military use or involved in defense research may require licenses and strict access controls.
2. EAR (Export Administration Regulations) - EAR governs "dual-use" technologies with both civilian and military applications. Many commercial and research drones fall under EAR, particularly those with advanced navigation, sensors, or communication systems.
Note: This guidance does not address FAA regulations, which focus on flight safety and airspace use. FAA approval does not authorize the export or transfer of drones to foreign countries or non-US persons.
Deemed Exports and International Collaborations
A deemed export occurs when controlled information is shared with non-US persons in the US—such as a student, visiting scholar, or collaborator. This may require a license depending on the technology.
International research partnerships involving sensitive drone technology or restricted countries, must be reviewed for export control compliance.
When Is a Drone "Controlled"?
Not all drones are subject to export controls, but some may be based on their specifications or use. A drone is more likely to be controlled if it has:
- High-performance payloads (e.g., thermal cameras, LiDAR, or chemical sensors)
- Advanced GPS/navigation systems (e.g., high precision or non-civilian GPS)
- Autonomous or semi-autonomous flight systems (e.g., AI or real-time decision-making)
- Military or dual-use features (e.g., encrypted communications, radar, or counter-drone tech)
Licensing and Authorization
If your drone or research is controlled under ITAR or EAR, you may need prior authorization for:
- Sharing controlled technical data or allowing access to non-US persons (even within the US)—this is a "deemed export"
- Traveling internationally with the drone or related equipment
- Collaborating with certain foreign institutions or individuals
Licenses, granted by the US government, can take several weeks or longer to process. UTA’s export control specialist will assist in determining if a license is needed and guide you through the application process.
University Policies
All UTA individuals or organizations that intend to design, build, research, use in research, modify, dismantle, and/or operate a drone in foreign countries or with non-US persons in the US must follow US export regulations.
The Export Control Specialist in the Office of Regulatory Services can help determine whether a drone and/or its technology is controlled. Below is her contact information:
Drone-Related Legislation: Recent Changes and Implications The American Security Drone Act of 2023, included in the 2024 National Defense Authorization Act (NDAA), places important limits on the use of drones from certain foreign manufacturers—especially when federal funding is involved.
What Does This Mean?
· The government is prohibiting the use of federal funds to purchase drones from “covered foreign entities”. These entities are ones included on the Consolidated Screening List, any entity subject to extrajudicial direction from a foreign government, any entity determined to pose a security risk, any entity domiciled in the People’s Republic of China (PRC), or subject to influence or control by the PRC government, and any entity that is a subsidiary or affiliate of an entity previously described.
· Use of some of the popular manufactured drones on the market are prohibited. This includes DJI (Da-Jiang Innovations) and Autel Robotics.
· Projects funded with non-Federal sources are not affected by this legislation.
· The law will be sunset in five years.
· This goes into full effect on December 22, 2025. There is no transition period after this date.
· The text from the ASDA of 2023 and the use of “covered foreign entity” drones can be found here: Text - S.473 - 118th Congress (2023-2024): American Security Drone Act of 2023 | Congress.gov | Library of Congress
What You Should Do?
- Identify any equipment sourced from companies listed under the ASDA, such as DJI or other manufacturers based in China.
- Review whether your drone-related research is funded (in whole or in part) by US federal agencies.
- Plan on transitioning to source from vendors based in the US or allied countries.
- Consult with the Export Control Specialist for additional guidance.
FAQ
- My drone is not used by the military. Why is it controlled?
Some commercial drones are export-controlled items because they are considered “dual-use”. This means that they have civilian and military uses. An example is a long-range drone that can be used for mapping or scouting enemy positions.
- Does a non-US person operating or using a drone constitute a deemed export?
Not necessarily. A non-US person merely operating or using a drone does not by itself trigger a deemed export. A deemed export would occur only if the individual gains access to controlled “technology” — specifically, knowledge that would allow them to “use” or “develop” the drone technology as defined under export control regulations.
“Use” technology: the ability to operate, install, maintain, repair, overhaul, and refurbish controlled drone systems or components (all six functions must be accessible).
“Develop” technology: such as access to design data, engineering specifications, or research information related to drone development.
Note: For ITAR-controlled drones or technology, non-US persons (even students) are not permitted to work on or have access without explicit authorization from the government.
· Who is considered a non-US person?
A non-US person is anyone who is not a US citizen, green card holder, or protected person (all visa holders are non-US persons).
Helpful Links
Ø Ultimate Guide to Drone Export Control Laws (EAR & ITAR)