BIS Assessing Controls of ICTS From China and Russia used for UAS/UAVs

Jan. 3, 2025
By: Marvin E. McPherson

The Bureau of Industry and Security (“BIS”) published an advance notice of proposed rulemaking (ANPRM) “Securing the Information and Communications Technology and Services Supply Chain: Unmanned Aircraft Systems” assessing and seeking comments related to information and communications technology and services (“ICTS”) used for unmanned aircraft systems (UAS) when these ICTS are sourced from entities owned, controlled, or influenced by foreign adversaries. The review aims to mitigate undue risks to national security and the integrity of U.S. technological infrastructure while exploring measures to allow market participants to engage in transactions safely.

The review is implementing E.O. 13873 which charges agencies to protect certain technologies integral to nation security from foreign adversaries. Under E.O. 13873, foreign adversaries is defined under section 3(b) as “any foreign government or foreign non-government person engaged in a long-term pattern or serious instances of conduct significantly adverse to the national security of the United States or security and safety of United States persons”; and section (2) A as “poses an undue risk of sabotage to or subversion of the design, integrity, manufacturing, production, distribution, installation, operation, or maintenance of information and communications technology or services in the United States.” Currently, BIS as identified Russia and China as foreign adversaries.

The NPRM will likely affect the following components:

1. Onboard Computers: Systems processing data and controlling UAS flight.
2. Communications Systems: Flight controllers, transceiver/receiver equipment, GNSS sensors, and flight termination technologies.
3. Flight Control Systems: Sensors supporting takeoff, landing, and navigation.
4. Ground Control Stations (GCS): Handheld flight controllers and similar devices.
5. Software: Network management, mission planning, and operating systems.
6. Data Storage: Local and external storage solutions.
7. Intelligent Power Systems: Battery management technologies.
8. AI Software: Applications enhancing UAS capabilities.

To address risks of foreign adversaries’ effect on ICTS, BIS is considering safeguards such as design and manufacturing standards to ensure system integrity; cybersecurity protocols for firmware and software; machine learning controls and implementation frameworks; and prohibitions or enhanced scrutiny of high-risk technologies. Stakeholders are encouraged to provide input on mitigation strategies and associated regulatory measures.

This review underscores BIS’s priority in securing ICTS used for UAS applications to protect U.S. national security. Businesses involved in UAS production or deployment should monitor these developments and prepare to adjust compliance strategies accordingly. Comments are due March 4, 2025. If you need further assistance or have specific questions about ICTS controls, please contact any attorney at Barnes Richardson and Colburn.