For more than 18 months, DJI has been fighting to prevent a ban on the sale of its drones in the United States. Now it seems that risk has gone, at least for the time being.
Countering CCP Drones Act
Back in April 2023, Republican Congresswoman Elise Stefanik introduced the Countering CCP Drones Act to the House of Representatives. The legislation would have added DJI to a list maintained by the FCC of companies that pose an unacceptable risk to U.S. national security. As a result, DJI would have been banned from selling any products in the U.S. In addition, the Act could have resulted in the company’s FCC authorizations being revoked. This would have banned U.S. operators from using their DJI drones.
What happened to the Act?
The Countering CCP Drones Act was passed by the House of Representatives and headed to the Senate in September. Its backers hoped that the Act would be included in the FY25 National Defense Authorization Act (NDAA). This would have meant that it would officially become part of the law. However, Congress finally passed the NDAA this week, and the Countering CCP Drones Act was not included. Therefore, the risk of an immediate ban on the sale and operation of DJI drones has passed.
Risk assessment
While DJI is safe for now, the company isn’t out of the woods yet. The NDAA calls for an “appropriate national security agency” to conduct a risk assessment on Chinese drones. However, the legislation doesn’t designate a specific agency to undertake the required study. In addition, the NDAA states that if the risk assessment isn’t done within a year, DJI will automatically be added to the FCC’s Covered List. The Covered List identifies companies deemed to pose an unacceptable risk to the national security of the United States. As a result, these companies are banned from supplying their products.
What has DJI said?
In a blog post about the NDAA, DJI thanked the drone community for its support and lobbying of Senators and House Representatives. However, the company expressed concerns about the new risk assessment process. As a result, DJI has called on Congress to designate a relevant technically-focused agency to ensure the assessment is evidence-based. In addition, the company has requested that it is given a fair right of reply to any findings.
What we think
The decision of Congress not to include the Countering CCP Drones Act in the NDAA will come as a huge relief to anyone who uses DJI drones in the U.S. However, there is now a new deadline hanging over the company. If no agency is designated to carry out the required risk assessment, then a ban will still come into force a year from now. DJI has another busy 12 months of campaigning and lobbying ahead before it can be sure that the threat of a ban has finally been removed for good.
