Use of Drones and Export Control Compliance

Before using, shipping, or transporting a drone internationally, you must:

• Obtain the drone’s export classification (ECCN) from the vendor or manufacturer.
• Consult with the Export Controls Officer to determine if a license or license exception is required.
• Receive written approval from the Office of Research Integrity (ORI) before any export occurs.

Export licenses can take 6+ weeks to obtain. You may not export a drone by any means until ORI approves. Plan accordingly.

Deemed Exports – Foreign National Use in the U.S.

Even if a drone is not physically exported, access by foreign nationals in the U.S. may be considered a “deemed export.” This includes:

• Access to controlled drone technology
• Participation in design, development, or maintenance activities

Under the Export Administration Regulations (EAR):

• A deemed export occurs when a foreign national gains access to “use” or “development” technology.
  • “Use” means operation, installation, maintenance, repair, overhaul, refurbishing
  • “Development” means all stages prior to serial production, such as design, design research, testing, prototyping, configuration, etc.
• Drones classified under the EAR “600 series” may trigger a deemed export through operation alone.
• Only the UCCS Office of Research Integrity may apply for ITAR licenses or determine license exceptions. EAR licenses are issued by the Department of Commerce (BIS) and may take 60+ days. Again, plan accordingly.

Drones with military or national security applications may be controlled under the International Traffic in Arms Regulations (ITAR):

• These are considered Defense Articles.
• Non-U.S. persons may not access or operate them without a license.
• Only the UCCS Office of Research Integrity may apply for ITAR licenses or determine license exceptions. ITAR licenses for deemed exports can take several months. Early consultation is essential.

If you aren't sure a drone has potential "military" or "national security" applications, contact ORI for guidance.

Non-public technical data or proprietary software related to drones may also be export controlled. This includes:

• Design files
• Source code
• Proprietary flight control software

Contact Mike Sanderson in theORI if you believe you may be working with such materials.

Note that telemetry data sent back to the drone manufacturer is generally not restricted—BUT you should confirm with ORI whether that is the case. Please reach out to ORI if you are uncertain or have questions.

DJI (Da-Jiang Innovations), a well-known drone manufacturer headquartered in China, is on the U.S. Bureau of Industry and Security (BIS) Entity List.  Depending on the scenario, the shipment of items to DJI, including drones for return or repair, may be prohibited.  Contact the ORI for a review prior to making any shipment to DJI.

It is recommended to purchase alternative equipment, preferably from a U.S. manufacturer, whenever possible rather than acquire from DJI. The use of a DJI and other drones may be restricted on Federal Awards.

To learn more, visit UCCS Federal Use Restrictions.