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Quick Summary
Drones use wireless radio transmitters for communication.
Generally, in the United States, prior to using a wireless radio transmitter, one must obtain an equipment authorization from the Federal Communications Commission.
How you do this is that you have to apply to the Federal Communications Commission, and in that application, you will state that you are not on the covered list. See 47 CFR § 2.911.
DJI has done this many times. Here is an example of a DJI FlyCart 100 attestation statement from DJI. This one says, “[SZ DJI Technology Co.,Ltd. ] (“the applicant”) certifies that, as of the date of the filing of the application, the applicant [ is not] identified on the Covered list, established pursuant to §1.50002, as an entity producing “covered” equipment.” At the time of that filing, that was a true statement.
The FCC looks over everything, and if everything is legal, it issues the equipment authorization for that piece of equipment. If this is done under 47 CFR Part 15, then all of the end customers of that piece of equipment can use that wireless transmitter lawfully. DJI files one application for their wireless radio transmitter, the equipment gets approved, and everyone can then go and fly their drone lawfully. FCC will NOT issue an equipment authorization if the company is on the covered list. See 47 CFR § 2.903(a)
In 2019, the Secure and Trusted Communications Networks Act was enacted, which gave rise to this covered list. See 47 U.S.C. §§ 1601-1609; 47 CFR §§ 1.50002, 1.50003. In 2024, the National Defense Authorization Act of 2025 was passed, which provided for DJI and Autel to be automatically added to this covered list unless a national security agency made a determination not to add them. Many of us were expecting DJI to be added to this list.
On December 21, 2025, an Executive Branch interagency body with appropriate national security expertise issued a National Security Determination on foreign-made unmanned aircraft and their critical components. Note the expansion here. The NDAA of 2025 was going to add just DJI and Autel, but this is expanding to ALL foreign unmanned aircraft and their critical components.
On December 22, 2025, the FCC made an announcement of the “addition of uncrewed aircraft systems (UAS) and UAS critical components produced in foreign countries to the Covered List” because of “the unacceptable risks posed by UAS and UAS critical components that are produced in foreign countries.” FCC issued 3 documents: Fact Sheet, National Security Determination, and Public Notice (which includes in Appendix B the National Security Determination).
There were a lot questions and problems, so on January 7, 2026, the FCC updated the covered list again to provide more clarity by providing exemptions and guidance on seeking an individual conditional approval. They issued a Fact Sheet, a Public Notice, and a FAQ page. Note: the Fact Sheet includes the FAQs and they are exactly the same.
I want to zoom carefully into the current defintions (as of 1/13/26):
- “Uncrewed Aircraft (UA): For the purpose of this determination, the term ‘uncrewed aircraft (UA)’ has the meaning found in 47 CFR 88.5: An aircraft operated without the possibility of direct human intervention from within or on the aircraft.”
- “Uncrewed aircraft systems (UAS) and UAS critical components produced in a foreign country—except, until January 1, 2027, (a) UAS and UAS critical components included on the Defense Contract Management Agency’s (DCMA’s) Blue UAS Cleared List, and (b) UAS critical components that qualify as “domestic end products” under the Buy American Standard, 48 CFR 25.101(a)—and all communications and video surveillance equipment and services listed in Section 1709(a)(1) of the FY25 National Defense Authorization Act (Pub. L. 118- 159).”
- “UAS Critical Components: For the purpose of this determination, the term “UAS critical components” includes but is not limited to the following UAS components and any associated software:
– Data transmission devices
– Communications systems
– Flight controllers
– Ground control stations and UAS controllers
– Navigation systems
– Sensors and Cameras
– Batteries and Battery Management Systems
– Motors”
If your part or aircraft are captured, then you can apply for a Conditional Approval which lasts for one year and can be obtained by an entity. As part of your application, “all entities seeking a [Conditional Approval] for a UAS will be required to establish an onshoring plan for the manufacturing of all UAS critical components, including components that do not require FCC authorization.” If you need help with applying for a Conditional Approval, please contact us.
Interesting Points
- This is the first time an entire category of items is added to the Covered List. The rest are products or services of entities.
- Notice “UAS critical components” is defined but they leave it open ended with “is not limited to the following UAS components and any associated
software” which means in the future this list of 8 things can expand.
FAQS
How do we obtain a Conditional Approval?
Basically, an entity puts together some information and sends it to drones@fcc.gov. DHS or Department of War will review and make a determination or ask more questions. It will conclude in a denial or a favorable determination. It will last for one year. The determiantion is final.
Does it prohibit me from BUYING foreign-made drones?
If the drone already has an equipment authorization, no.
Does this prohibit me from USING foreign-made drones?
If the drone already has an equipment authorization…… still.…, no. I know you all want a statement from the FCC so you can have a warm and fuzzy feeling. So here ya go! “This action does not affect any previously-purchased drone. Consumers can continue to use any drone they have already lawfully purchased or acquired. ” On page 2. https://docs.fcc.gov/public/attachments/DOC-416839A1.pdf
How do I know if my drone has an equipment authorization? There should be some FCC ID on the item. Go into Google and find the equipment authorization associated with the FCC ID. That will tell you. Many of the drones are authorized but there are some foreign made aircraft which MAY not have obtained equipment authorizations. This all being said, read my next FAQ question.
Can I sell drones?
FCC’s fact sheet explicitly says, “This update to the Covered List does not prohibit the import, sale, or use of any existing device models the FCC previously authorized. But……keep reading.
So there is no risk to owning foreign-made drones?
There is risk. While this whole thing being discussed is regarding FUTURE equipment authorizations, FCC has stated they have independent legal authority to go back and revoke existing equipment authorizations. See my full explanation here.
I’m manufacturing and/or selling drones. Can I import drones and stuff?
There is ALOT to this situation with multiple laws in play. Contact me and we can go over this. There is some risk here. Yes, I know the FCC in the fact sheet just said you can import stuff when they said that in December 2025. There is alot in play here. If certain things happen, you could also be prohibited from importing an unlicensed radio transmitter.
If the drones do NOT have an equipement authorization, “New devices on the Covered List, such as foreign-made drones, are prohibited from receiving FCC authorization and are therefore prohibited from being imported for use or sale in the U.S”
I’m a U.S. manufacturer. Does this apply to me?
Yes. You, as a U.S. drone manufacturer, can get looped into this in multiple ways.
Is this the only law?
No, there is another issue in the works. Contact us and we can go over this. There is ALOT to say on this other pending law.
What about a little itty-bitty drone?
Yes, it applies to all weights. 47 CFR 88.5. An aircraft operated without the possibility of direct human intervention from within or on the aircraft.
Is there an exemption to get around this?
Yes. Contact us and we can go more into this.
What is the Executive Branch interagency body that issued this determination?
The White House convened an Executive Branch interagency body with appropriate national security expertise, including appropriate national security agencies identified in the Secure Networks Act. Id. §§ 1601(c)(4), 1608(2). See 47 U.S.C. § 1601(c)(1); FY2025 NDAA §§ 1709(a)(1), (c)(1).
Where is the Covered List?
Here is the covered list.
Note “The FCC website also contains a list of certain affiliates and subsidiaries of entities identified on the Covered List. The list of affiliates and subsidiaries does not constitute a comprehensive list of all entities that the Commission may find, upon further examination, to qualify as relevant subsidiaries or affiliates of entities on the Covered List. Those entities, whether or not they currently provide covered communications equipment or services, are subject to the Commission’s prohibitions, such as the prohibition against obtaining authorizations for covered equipment. See Reminder: Communications Equipment And Services On The Covered List Pose An Unacceptable Risk To National Security, National Security Advisory No. 2025-01, DA 25-927, note 3 (released October 14, 2025).”
Aviation Attorney. FAA Certificated Commercial Pilot and Flight Instructor (CFI/CFII). Contributor at Forbes.com for Aerospace and Defense.