Exemptions for Blue UAS and Buy American Compliant Equipment
On January 7, 2026, the Federal Communications Commission updated its Covered List to establish exemptions for certain Uncrewed Aircraft Systems (UAS) and UAS critical components. The update follows a specific determination from the Department of War (DoW) finding that certain categories of UAS and critical components do not pose unacceptable national security risks.
Under the revised terms, foreign-produced UAS and UAS critical components are exempt from Covered List import and marketing prohibitions until January 1, 2027, provided they meet specific criteria: inclusion on the Defense Contract Management Agency's (DCMA) Blue UAS Cleared List, or qualification as domestic end products under the Buy American Standard (48 CFR § 25.101(a)).
- Covered List prohibition previously barred equipment authorization for all foreign-produced UAS and UAS critical components added on December 22, 2025.
- The exemption applies until January 1, 2027, for items on the DCMA Blue UAS Cleared List or compliant with 48 CFR § 25.101(a).
- Statutory basis references Section 1709(a)(1) of the FY25 National Defense Authorization Act (Pub. L. 118-159).
Updated Covered List Scope and Critical Component Definitions
The updated entry on the Covered List now reads: '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).'
The Commission applies the definitions established in 47 CFR § 88.5, defining an uncrewed aircraft (UA) as an aircraft operated without the possibility of direct human intervention from within or on the aircraft. UAS critical components encompass hardware and associated software designed and intended primarily for use in UAS.
- Data transmission devices and communications systems
- Flight controllers, ground control stations, and UAS controllers
- Navigation systems, sensors, and dedicated drone cameras
- Motors, batteries, and Battery Management Systems
Equipment Authorization, SDoC, and Individual Conditional Approvals
The restrictions under the Covered List prevent new models of covered foreign-produced equipment from receiving FCC equipment authorizations required for importation, marketing, or sale in the United States. Previously authorized devices lawfully purchased by consumers remain unaffected and may continue to operate.
Entities may request specific individual exemptions, designated as 'Conditional Approvals,' by submitting technical and operational information to drones@fcc.gov, which the FCC will forward to the DoW and the Department of Homeland Security (DHS) for determination. All applicants seeking waivers will be required to establish an onshoring plan for manufacturing all critical components.
Testing and evaluation of foreign-produced equipment to ensure compliance with FCC rules or the Blue UAS Cleared List remains permissible under 47 CFR § 2.1204(a)(3). For the Supplier's Declaration of Conformity (SDoC) process, entities producing foreign-made UAS remain eligible to use SDoC for their non-covered devices, as the restriction is based on the place of production rather than entity-level identification, except for entities specifically listed under Section 1709(a)(1) of the FY25 NDAA.
- Applicants for equipment authorization must certify in good faith that devices are not foreign-produced UAS or covered critical components.
- General-purpose devices, such as cameras not primarily intended for UAS use or generic batteries that did not previously require FCC authorization, do not require new authorizations.
- Experimental licensing and Special Temporary Authorizations (STAs) remain subject to standard public interest reviews under 47 U.S.C. § 309, 47 CFR § 5.3, 47 CFR § 5.51, and 47 CFR § 5.63.