NDAA 2025 Drone Provisions: Security Evaluation Could Lead to Automatic Ban of Chinese Drones

The recently released National Defense Authorization Act (NDAA) for fiscal year 2025 includes provisions that could significantly impact the U.S. Setor de drones, particularly regarding Chinese-manufactured unmanned aircraft systems. While some industry groups are celebrating the exclusion of the Countering CCP Drones Act, a careful analysis of Section 1709 reveals potentially far-reaching implications for operators of DJI, Autel Robotics, and also Anzu Robotics drones.

The legislation establishes a one-year deadline for national security agencies to evaluate whether communications and video surveillance equipment from specific manufacturers poses “an unacceptable risk to the national security of the Estados Unidos.”

Crucially, if no determination is made within that timeframe, the FCC must automatically add these manufacturers’ equipment to its covered list – effectively restricting their use.

“I suggest you read it more closely. DJI and Autel’s technology will all be added to the FCC covered list one year after enactment unless there is a national security agency determination by DHS, DOD, ODNI, NSA or FBI,” noted drone law expert Brendan Schulman on social media.

This automatic restriction mechanism represents a significant shift from previous legislative approaches. Rather than requiring positive action to restrict these devices, the NDAA creates a default ban that can only be prevented through active clearance by security agencies.

The legislation specifically targets:

• DJI (Shenzhen DaJiang Innovations Sciences and Technologies Company Limited)
• Autel Robotics
• Their subsidiaries, affiliates, and partners (Anzu Robotics)
• Entities involved in joint ventures with these companies
• Organizations with technology sharing or licensing agreements

O Aliança de Defesa dos Drones, of which DroneXL.co is a partner, has characterized the provisions as less restrictive than the previously proposed Lei de Combate aos Drones do PCC. However, this interpretation appears to overlook the default restriction mechanism built into the legislation’s structure.

If equipment is determined to pose security risks or if no determination is made within the one-year window, the implications extend beyond the manufacturers themselves. The restrictions would also affect companies using licensed technology from these manufacturers and their various business partners.

The NDAA does include a savings clause preserving certain existing drone uses authorized under previous legislation, including sections of the 2024 NDAA and Federal Aviation Administration Reauthorization Act. However, the practical impact of these exemptions remains to be seen as implementing regulations are developed.

Security agencies will need to submit their evaluations to multiple congressional committees, including the Armed Services, Homeland Security, and Intelligence committees in both chambers. These reports must be unclassified but may include classified annexes, suggesting a level of public transparency in the evaluation process.

Industry stakeholders will be watching closely as this evaluation process unfolds, particularly given the widespread use of DJI and Autel equipment across commercial and recreational applications in the United States.

Featured image is for illustration purposes only.