Background

The Bureau of Industry and Security is accepting comments through March 4 on the potential development of a rule to secure and safeguard the information and communication technology and services supply chain for unmanned aircraft systems, or drones. Such a rule could include restrictions on UAS imports.

BIS states that commercial drones are now commonplace across the U.S. but that the involvement of foreign adversaries like China and Russia in the supply chains of these items may offer them the ability to remotely access and manipulate these devices, exposing sensitive U.S. data and posing a threat to U.S. national security.

BIS is therefore considering proposing a rule to address the risks posed by certain transactions involving ICTS integral to UAS when the ICTS are designed, developed, manufactured, or supplied by persons owned by, controlled by, or subject to the jurisdiction or direction of foreign adversaries.

To aid in that process BIS is seeking public feedback on several related matters, including (1) definitions of UAS and components, (2) assessments of how potential classes of ICTS transactions integral to UAS may present undue or unacceptable risks to U.S. national security, (3) evaluations of risk posed by different foreign adversaries, (4) potential processes for the public to request approval to engage in an otherwise prohibited transaction, (5) the economic impact a regulation could have on certain entities, and (5) potential mitigation measures.

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