BIS Seeks Comments on Securing the Information and Communications Technology and Services Supply Chain: Unmanned Aircraft Systems

Submit comments by March 4

The U.S. Department of Commerce’s Bureau of Industry and Security (BIS) published a final rule and a related Notice of Public Rulemaking relevant to the information and communications technology and services (ICTS) supply chain.

On December 6, 2024, BIS published its final rule on Securing the Information and Communications Technology and Services Supply Chain. The final rule establishes the procedures BIS will use to review particular entities and their ICTS transactions.

On January 3, 2025, BIS published an Advance Notice of Public Rulemaking (ANPRM) regarding unmanned aerial systems (UAS) in the Federal Register: Securing the Information and Communications Technology and Services Supply Chain: Unmanned Aircraft Systems. BIS is seeking public comment on issues related to transactions involving ICTS that are designed, developed, manufactured, or supplied by persons owned by, controlled by, or subject to the jurisdiction or direction of foreign adversaries, pursuant to Executive Order 13873, “Securing the Information and Communications Technology and Services Supply Chain,” and that are integral to UAS.

The ANPRM will assist BIS in determining the technologies and market participants that may be appropriate for regulation in order to address undue or unacceptable risks to U.S. national security, including U.S. ICTS supply chains and critical infrastructure, and/or to the security and safety of U.S. persons.

The ANPRM includes a list of 50 questions that stakeholders may respond to, with topics including:

• definitions to use in a potential rule regarding transactions involving ICTS integral to UAS;
• risks associated with foreign adversary ICTS integral to UAS;
• the role of persons owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary in the U.S. supply chain for ICTS components integral to UAS;
• data collection capabilities including intelligent machine learning algorithms of UAS and the ICTS components therein;
• specific ICTS components that enable UAS connectivity, such as network connectivity chips, operating software, AI software and machine learning applications, and data transmission devices;
• how UAS OEMs may impact UAS functionality through their incorporated ICTS components;
• processes and mechanisms that BIS could implement in a potential rule to authorize otherwise prohibited ICTS transactions if the parties to such transactions adopt certain mitigation measures or otherwise mitigate the undue and unacceptable risks to U.S. national security, including U.S. ICTS supply chains and critical infrastructure, or to the safety and security of U.S. persons; and
• the economic impact of regulation of transactions involving foreign adversary ICTS integral to UAS.

Comments can be submitted to BIS until March 4, 2025. View the Federal Register notice for more information.