Exporting Parts for UAVs and/or Drones

Drones and other unmanned vehicles are becoming more and more prevalent. They are being used for defense purposes as well as a wider variety of civil aviation purposes. If you plan to export an article for installation on an unmanned aerial vehicle (UAV), then there is a chance you might need to check the export compliance status for this transaction!

This list of questions is intended to help examine an article export where the article may be destined for installation on a UAV:

1. Is the part intended for use in the design, development, production, operation, installation, maintenance, repair, overhaul, or refurbishment of a UAV? If “no” then go to Question #5.
2. If the Answer to Question #1 is Yes, then is the UAV capable of a range of at least 300 kilometers? If “no” then go to Question #5.
3. If the Answer to Question #2 is Yes, then does the transaction have any nexus to a country listed in 15 C.F.R. Part 740. Suppl. No. 1, Country Group D:4? If “no” then go to Question #5.
4. If the Answer to Question #3 is Yes, then you should consult with a professional because your transaction may require a license.
5. Is the part intended for delivery of chemical weapons, biological weapons, or nuclear weapons by a UAV? If the Answer to this Question #5 is Yes, then you should consult with a professional because your transaction may require a license.
6. If the part is destined for installation on a UAV with any nexus to a country listed in 15 C.F.R. Part 740. Suppl. No. 1, Country Group D:4, but you cannot identify the range (per question 2) and you cannot identify whether the UAV will be used for delivery of chemical weapons, biological weapons, or nuclear weapons (per question 5), then this uncertainty will also drive a licensing obligation.

For the full regulation on UAV special use rules, see 15 C.F.R. § 744.3.

This is just one of the many export regulations that we will be examining at the ASA/AFRA Annual Conference, on June 14-16, in Las Vegas, Nevada. Check out the conference agenda for full details on this and many other workshops available at the conference!