BIS seeks comment on potential drone supply chain security rules
The US Department of Commerce’s Bureau of Industry and Security (‘BIS’) issued an advance notice of proposed rulemaking (‘ANPRM’) on 2 January seeking public input on potential rules to secure the supply chain for commercial unmanned aircraft systems (‘UAS’), citing ‘acute’ risks from Chinese and Russian involvement in drone technology.
‘Securing the unmanned aircraft systems technology supply chain is critical to safeguarding our national security. This ANPRM is an essential step in protecting the United States from vulnerabilities posed by foreign entities,’ said Commerce Secretary Gina Raimondo.
The notice seeks comment on how foreign adversary involvement in UAS information and communications technology services (‘ICTS’) supply chains ‘may offer our adversaries the ability to remotely access and manipulate these devices, exposing sensitive U.S. data.’
‘The Department of Commerce continues to assess the national security risks posed by foreign adversary involvement in our critical technology supply chains,’ said Under Secretary for Industry and Security Alan F. Estevez. ‘We welcome public comment on this ANPRM as we seek to proactively understand – and most effectively address – these vulnerabilities in the commercial drone market.’
BIS is requesting feedback on several aspects, including definitions of UAS components, assessment of potential risks from ICTS transactions, evaluations of threats from different foreign adversaries, processes for requesting approval of otherwise prohibited transactions, economic impacts and possible mitigation measures.
The advance notice was issued under Executive Order 13873, which authorises Commerce to investigate and restrict ICTS transactions that pose undue risks of sabotage, catastrophic effects on US critical infrastructure and the digital economy, or other unacceptable national security risks.
‘This ANPRM marks a crucial step towards safeguarding the ICTS supply chain against foreign adversarial influences,’ said Elizabeth Cannon, Executive Director of the Office of Information and Communications Technology and Services.
The public comment period ends on 4 March 2025.
