Use of Drones and Export Control Compliance
Unmanned Aerial Vehicles (UAV) and Unmanned Aircraft Systems (UAS), commonly referred to as “drones”, are increasingly popular tools in research. The term “drone” will be used below to refer to any UAV or UAS. The guidance on this page supplements any official SBU requirements found in relevant University policies.
In addition to civilian aviation safety regulations (federal, state, and local), certain drones are also subject to export control restrictions, including those obtained from standard commercial sources. Such drones may require a government-issued export license in order be used overseas or by non-U.S. persons.
Foreign Use
Prior to using, sending, taking, or shipping a drone in or to a foreign location, the drone must always be assessed for potential export control restrictions. You can submit a request for pre-export classification of the drone by the Office of Research Security (ORS) here. It is also a best practice to obtain the export classification of the drone (often referred to as an ECCN #) from the vendor or manufacturer when purchasing it. This number should be provided to OVPR_exports_admin@stonybrook.edu once you receive it for further review.
If ORS determines that an export license or use of an applicable license exception is required (even if only temporarily using the drone overseas), you may not export the drone by any means until ORS approves. Depending on the type of drone and other export factors, a license can take upwards of 6 weeks or more to obtain so plan ahead.
Domestic Use (by non-U.S. Persons)
Certain drones (if highly-sensitive for national security or military applications) may be restricted in terms of who can work with and operate or maintain them. If you are aware or suspect that you have or intend to obtain a drone that is subject to the International Traffic in Arms Regulations (ITAR), contact OVPR_exports_admin@stonybrook.edu immediately for further review.
Such drones are considered “Defense Articles” and may not be used by a non-U.S. person unless an export license is obtained in advance. A non-U.S. person is anyone who is not a U.S. citizen, Green Card holder, or protected person (all visa holders are non-U.S. persons). Only ORS can apply on your behalf for one of these export licenses or determine if a license exception is applicable. Obtaining such a license for a “Deemed Export” of a Defense Article can take several months so plan ahead.
Associated Data and/or Software
Additionally, any non-public technical data or non-open source software related to drones are likely restricted in terms of who can have access to them. Non-U.S. persons would also require a Deemed Export license in many instances where access to such data or software is necessary. Contact OVPR_exports_admin@stonybrook.edu if you believe you will be or are in possession of such restricted or proprietary content so ORS can assess further.
Note: Telemetry data a drone might transmit back to its manufacturer is generally not subject to such export restrictions. However, confirm this with ORS whenever possible.
DJI Drones
DJI (Da-Jiang Innovations), a well-known drone manufacturer headquartered in China, is on the U.S. Bureau of Industry and Security (BIS) Entity List. Depending on the scenario, the shipment of items to DJI, including drones for return or repair, may be prohibited. Contact ORS for a review prior to making any shipment to DJI.
It is recommended to purchase alternative equipment, preferably from a U.S. manufacturer, whenever possible rather than acquire from DJI.
Return to the Guidance and Procedures for Export Control Compliance