Securing the Information and Communications Technology and Services Supply Chain: Unmanned Aircraft Systems
Published Date: 1/3/2025
Proposed Rule
Summary
The Department of Commerce wants your thoughts on new rules to keep drones and their tech safe from risky foreign control. This affects companies making or using drone parts linked to certain foreign groups and aims to protect U.S. security. Comments are open until March 4, 2025, so speak up now before any new rules roll out!
Analyzed Economic Effects
5 provisions identified: 1 benefits, 3 costs, 1 mixed.
Possible Prohibitions on Certain Drone Transactions
The Department of Commerce is considering rules that could prohibit transactions involving information and communications technology and services (ICTS) integral to unmanned aircraft systems (UAS) when those ICTS are designed, developed, manufactured, or supplied by persons owned by, controlled by, or subject to the jurisdiction or direction of listed foreign adversaries. The ANPRM notes the foreign adversary list in 15 CFR 791.4 (including China, the People’s Republic of China including Hong Kong, Cuba, Iran, North Korea, Russia, and the Maduro regime of Venezuela) and states China-based products make up at least 75 percent of the UAS consumer market in the United States. Comments are due March 4, 2025.
Path to Authorization via Mitigation Measures
BIS is asking whether it should create a process for the public to request specific authorization to engage in transactions involving foreign-adversary ICTS integral to UAS by demonstrating that the parties have implemented measures to mitigate national security or safety risks. The ANPRM seeks input on what mitigation measures (for example, design requirements, cybersecurity controls, or manufacturing integrity) would be acceptable for such authorizations. Comments must be submitted by March 4, 2025.
Specific UAS Components May Be Covered
The ANPRM identifies specific UAS components that could be included in any rule, such as onboard computers, communications systems (flight controllers, transceivers, GNSS sensors), flight control systems and sensors, ground control stations, operating and mission-planning software, intelligent batteries, local and external data storage, and AI software or applications. BIS requests comment on these components and whether they should be treated as integral ICTS for regulation. Comments are due by March 4, 2025.
Potential New Design and Cybersecurity Requirements
BIS is considering mitigation options that could include design requirements, machine-learning controls, implementation standards and protocols, cybersecurity firmware or software inputs, and manufacturing integrity and protection procedures for UAS ICTS. The ANPRM asks for comments on these kinds of measures and how they might be implemented. Submit comments by March 4, 2025.
Regulation Triggered by Nexus to Listed Foreign Adversaries
Any BIS regulation contemplated in this ANPRM would apply only when transactions have a sufficient nexus to persons owned by, controlled by, or subject to the jurisdiction or direction of foreign adversaries listed in 15 CFR 791.4 (for example, China, Cuba, Iran, North Korea, Russia, and the Maduro regime of Venezuela). BIS is seeking comment on which countries and entities present similar risks. Comments are due March 4, 2025.
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