Commerce Division drops drone ban (however FCC guidelines nonetheless apply)

In a transfer that completely captures the chaotic, overlapping nature of U.S. drone coverage, the Commerce Division quietly withdrew its plan to impose restrictions on Chinese language-made drones — two weeks after the FCC already banned them.

Reuters broke the information Friday that Commerce pulled its drone restrictions proposal on Thursday, January 8, 2026. The withdrawal got here after the division despatched the proposal to the White Home for evaluate on October 8, held conferences by December 19 (together with one with DJI officers on December 11), and apparently determined: by no means thoughts, the FCC already dealt with this.

What the U.S. Division of Commerce was planning (earlier than the FCC beat them to it)

In early 2025, it grew to become clear that the Commerce Division had deliberate to problem guidelines that would limit or doubtlessly ban imports of Chinese language drones below the Info and Communications Know-how and Companies (ICTS) provide chain laws — the identical authority used to successfully ban Chinese language automobiles and vans from the U.S. market.

Commerce mentioned in January 2025 it was looking for enter on potential guidelines to safeguard the provision chain for drones, warning that threats from China and Russia “could provide our adversaries the power to remotely entry and manipulate these gadgets, exposing delicate U.S. information.” That doubtless meant banning sure onboard computer systems, communications methods, floor management stations and software program from sure nations.

Greater than 600 members of the public responded, largely asking the federal government to not ban DJI drones.

To be clear, this proposed ban would have been extra extreme than what the FCC in the end applied in December 2025 by stopping the approval of future, foreign-made drones. That’s as a result of it will have grounded current gear, making the DJI drones in your fleet unlawful.

The FCC ban we received as a substitute

On Dec. 22, 2025, the FCC added all foreign-manufactured drones and demanding parts to its Coated Listing, successfully banning them from receiving the gear authorizations required to legally function in the US.

For those who haven’t been following it (although it’s been coated extensively on this website), the FCC ban:

• Prevents NEW drone fashions from getting FCC approval
• Blocks overseas parts from being licensed
• Does NOT prohibit current drones from continued sale or use
• Permits drones with pre-December 22 authorization to stay authorized

It is a completely different authorized mechanism than Commerce was planning to make use of, and arguably much less disruptive because it grandfathered in current gear.

The Commerce Division simply mentioned “truly, by no means thoughts”

In line with Reuters, Commerce withdrew its drone proposal on January 8 — simply 17 days after the FCC applied its ban.

The withdrawal got here after the White Home and Commerce held conferences on the drone proposal by December 19 (three days earlier than the FCC announcement) and met with DJI officers on December 11.

In that December 11 assembly, DJI informed officers that imposing blanket restrictions on drones manufactured in China can be “pointless, conceptually flawed, and can be extraordinarily dangerous to U.S. stakeholders.”

That final half is an understatement. A Pilot Institute survey of 8,056 drone operators discovered that 43.4% mentioned dropping entry to new DJI drones would have an “extraordinarily detrimental/doubtlessly business-ending affect,” and 23.8% would shut down their drone-related companies completely.

However right here’s what’s attention-grabbing: DJI’s arguments apparently didn’t persuade anybody to cease the restrictions. They simply satisfied Commerce to let the FCC deal with it as a substitute.

The Political Context: Freezing Actions Towards China

Reuters reviews that the withdrawal seems tied to Washington freezing some actions focusing on China forward of President Trump’s deliberate assembly with Chinese language President Xi Jinping in April.

A authorities official briefed on the matter informed Reuters “it appeared the choice to withdraw the drone rule was tied to that effort.”

That is fascinating as a result of it reveals the ban isn’t actually concerning the pressing, catastrophic nationwide safety risk the federal government has been claiming. The FCC ban creates leverage in negotiations with China whereas giving American producers regulatory safety. Commerce’s extra restrictions would have been overkill and doubtlessly sophisticated Trump’s upcoming assembly with Xi.

What’s taking place with all these drone bans

The Commerce Division withdrawal, coming weeks after the FCC already acted, exposes a number of issues about how U.S. drone coverage is being made:

1. A number of businesses had been pursuing overlapping bans concurrently

Commerce and the FCC had been each engaged on Chinese language drone restrictions on the identical time, probably with out totally coordinating. Commerce despatched its proposal to the White Home on October 8. The FCC acquired its Nationwide Safety Dedication on December 21 and applied it instantly.

This implies the drone ban wasn’t a fastidiously orchestrated nationwide safety response. It was a number of businesses dashing to be the one to implement restrictions, probably competing for credit score or attempting to preempt one another.

2. The restrictions are negotiable

Commerce held conferences by December 19 — proper up till the FCC announcement — and met with DJI officers on December 11. Then they withdrew the proposal completely. The truth that Commerce pulled again suggests these restrictions are being handled as coverage instruments fairly than pressing safety imperatives.

3. Totally different mechanisms have very completely different impacts

The FCC’s gear authorization ban is definitely comparatively reasonable:

• Current drones stay authorized
• Operators can proceed utilizing present gear indefinitely
• DJI merchandise authorised earlier than December 22 can nonetheless be bought
• New fashions simply want FCC approval, which DJI already secured for his or her 2026 lineup

Commerce’s ICTS provide chain restrictions may have been much more extreme:

• Probably limiting operation of current drones
• Banning vital parts throughout the board
• Creating rapid operational affect fairly than gradual transition

By withdrawing the Commerce proposal, the federal government selected the much less disruptive path. That’s good for operators, however it once more raises questions on how pressing the safety risk truly is.

After which don’t overlook that on Jan. 7, 2026, the FCC up to date its Coated Listing to exempt sure drones till January 1, 2027, which embody:

• Drones on the DoD Blue UAS Cleared Listing
• Drones assembly the 65% home content material “Purchase American Customary”
• Particular person merchandise that obtain Conditional Approvals

So are DJI drones nonetheless banned?

In brief, sure, DJI drones that aren’t already FCC-approved (that means future fashions) are nonetheless banned.

Commerce withdrawing its drone restrictions proposal doesn’t change something for drone operators within the close to time period. The FCC ban continues to be in impact. The January 1, 2027 deadline for 65% home content material nonetheless applies. Operators nonetheless face the identical timeline and challenges.

Nevertheless it reveals a number of essential issues:

The restrictions are extra versatile than offered. If Commerce can withdraw its proposal for diplomatic causes, different modifications are doable. The 65% home content material requirement may change. The January 1, 2027 deadline may lengthen. Conditional Approvals is perhaps granted broadly.

Commerce negotiations will form enforcement. If Trump needs one thing from Xi of their April assembly, drone coverage could possibly be a part of the deal. Possibly DJI will get particular remedy in change for concessions elsewhere. Possibly the home content material requirement drops to 55% or 50%.

A number of businesses aren’t coordinating properly. The truth that Commerce and FCC had been pursuing overlapping restrictions concurrently suggests this wasn’t a unified nationwide safety technique. It was businesses dashing to implement bans, probably competing for credit score or attempting to ascertain jurisdiction.

The “urgency” is selective. If Chinese language drones posed imminent catastrophic threats, you wouldn’t pause extra restrictions for diplomatic scheduling. The withdrawal reveals these are coverage instruments getting used strategically, not emergency responses

With Commerce out of the image on drones (for now), the main focus shifts completely to how the FCC implements and modifies its ban:

Conditional Approvals: What number of firms truly get them? What’s required? Is the method clear or riddled with political favoritism?

The January 1, 2027 reassessment: Will home content material necessities improve as threatened? Will the Blue UAS exemption lengthen?

Authorized challenges: DJI and different producers haven’t sued but. Are they negotiating as a substitute? Ready to see how enforcement truly performs out?

Commerce negotiations: What occurs on the Trump-Xi assembly in April? Does China retaliate in opposition to American drone producers? Does a deal emerge?

Operator affect: As present DJI gear ages over the following 12-24 months, will we see the enterprise closures and diminished funding?

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