DJI sues against US import ban for its new models

Chinese drone manufacturer DJI has filed an objection against a decision by the US telecommunications regulatory authority Federal Communications Commission (FCC), which prohibits the import of all new models and critical components from the manufacturer into the USA for security reasons. DJI announced this on Tuesday.

In a petition for review of an FCC decision filed with a federal appeals court late last week, DJI claims the authority has “exceeded its statutory authority” with its verdict.

In December of last year, the FCC effectively banned the import of certain new foreign drones. At the time, the regulatory authority placed various drones and drone parts from foreign manufacturers, including DJI and Chinese competitor Autel, on a “Covered List” – a blacklist of communication products and services that pose “an unacceptable risk” to US national security. The listed drones are no longer permitted to be operated in the USA and therefore can no longer be imported. Furthermore, the FCC claimed the right to retroactively block already approved devices. This paved the way for a more comprehensive approach against drones.

The FCC's decision meant that DJI, Autel, and other foreign drone manufacturers would no longer receive the required FCC approval for selling new drone models or critical components in the USA; however, they could continue to sell existing versions.

Objection to the FCC Decision

DJI, the world's largest drone manufacturer, stated that it had challenged the FCC's decision in the US Court of Appeals for the 9th Circuit (Case No. 26-1029). The FCC's measure has caused “severe damage” to the company. DJI also accuses the regulatory authority of violating the Fifth Amendment to the US Constitution, which guarantees various rights of an accused person and is part of the Bill of Rights.

“It [the FCC decision, editor's note] arbitrarily restricts DJI's business in the United States and summarily denies US customers access to its latest technology,” DJI said in a statement to the Reuters news agency. DJI requested that the FCC's decision be overturned and declared unlawful.

DJI on the Blacklist

The actions of US authorities to restrict the use of DJI drones have a longer history. The flight data and recordings captured by the drones could be passed on by DJI to the Chinese government and then analyzed by intelligence agencies. This would impair US national security, according to the concerns.

In October 2022, the US military placed DJI on a blacklist of “Chinese military companies” collaborating with Beijing. The company vehemently protested against this. A US court most recently rejected a request by DJI to be removed from this list in September of last year.

Furthermore, the US Congress added Section 817 to the “James M. Inhofe National Defense Authorization Act,” which prohibits the US military and its contractors from purchasing Chinese drones. Other legislative initiatives, such as the Uyghur Forced Labor Prevention Act (UFLPA) and the National Defense Authorization Act (NDDA), are intended to further complicate the introduction of DJI drones into the USA. For example, the NDDA provides for a formal security review of DJI platforms by the end of 2025. If this review is not passed or completed by then, DJI will automatically end up on the FCC's “Covered List,” which was ultimately the case. The US government's regulatory measures are showing an effect. DJI drones are slowly disappearing from US retail shelves. DJI no longer offers one of its latest drones, the Mavic 4 Pro, on the US market.

In January, the FCC announced, according to Reuters, that it would exempt the import of some new models of foreign drones and critical components from the comprehensive import ban adopted in December until the end of 2026. The exemption did not apply to Chinese drones.

• Petition for review in the case DJI v. FCC

(akn)