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A question people ask · answered against the Corpus of 2026-08-29

Is an FPV drone ITAR?

Rarely. Most civilian FPV and industrial drones are EAR, and 9A012 is the entry to check first.

An FPV airframe that a hobbyist could build is not on the US Munitions List because it flies. USML Category VIII(a) reaches aircraft specially designed for a military end use — armed, hardened, or built to a military specification.

The Commerce Control List is the live question. ECCN 9A012 controls unmanned aerial vehicles designed to fly beyond the operator's direct natural vision, and it sorts them by endurance and by wind-gust capability. Thirty minutes of endurance is a threshold that a great many 7-inch and 10-inch builds cross.

The payload is a separate analysis from the airframe. A drone can sit at EAR99 while the thermal camera bolted to it sits on 6A003, and the shipment is controlled by the more restrictive part.

Where teams get caught is end use. Selling the same airframe to a defence integrator, or marketing it for target acquisition, can move the design intent and with it the jurisdiction.

What decides it

  1. 01What is the maximum endurance in a single flight, with the standard battery?
  2. 02Is it designed for controlled flight in wind gusts at or above 46.3 km/h?
  3. 03Is it marketed, sold or configured for any military or law-enforcement use?
  4. 04What is on the payload rail — camera, radio, or nothing?
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The entries this turns on, opening text as it reads today

EAR · CCL15 CFR 774, Supplement No. 1, ECCN 9A012
a. “UAVs” or unmanned “airships”, designed to have controlled flight out of the direct 'natural vision' of the 'operator' and having any of the following: a.1. Having all of the following: a.1.a. A maximum 'endurance' greater than or equal to 30 minutes but less than 1 hour; and a.1.b. Designed to take-off and have stable controlled flight in wind gusts equal to or exceeding 46.3 km/h (25 knots); or a.2. A maximum 'endurance' of 1 hour or greater; Technical Notes: 1. For the purposes of 9A012.a, 'operator' is a person who initiates or commands the “UAV” or unmanned “airship” flight. 2. For the purposes of 9A012.a, 'endurance' is to be calculated for ISA conditions (ISO 2533:1975) at sea level in zero wind.3. For the purposes of 9A012.a, 'natural vision' means unaided human sight, with or without corrective lenses. b. Related equipment and “components”, as follows: b.1 [Reserved] b.2 […]
15 CFR 774, Supplement No. 1, ECCN 9A012 · retrieved 2026-08-29

Read ECCN 9A012 in plain language

ITAR · USML22 CFR 121.1, Category VIII(a)
(a) Aircraft, whether manned, unmanned, remotely piloted, or optionally piloted, as follows (MT if the aircraft, excluding manned aircraft, has a range equal to or greater than 300 km): * (1) Bombers; * (2) Fighters, fighter bombers, and fixed-wing attack aircraft; * (3) Turbofan- or turbojet-powered trainers used to train pilots for fighter, attack, or bomber aircraft; * (4) Attack helicopters; * (5) Unmanned aerial vehicles (UAVs) specially designed to incorporate a defense article; * (6) [Reserved] * (7) Aircraft specially designed to incorporate a defense article for the purpose of performing an intelligence, surveillance, and reconnaissance function; […]
22 CFR 121.1, Category VIII(a) · retrieved 2026-08-29

Read USML Category VIII in plain language

Definition22 CFR 120.41
§ 120.41 Specially designed. (a) Except for commodities or software described in paragraph (b) of this section, a commodity or software is specially designed if it: (1) As a result of development, has properties peculiarly responsible for achieving or exceeding the controlled performance levels, characteristics, or functions described in the relevant U.S. Munitions List (USML) paragraph in § 121.1 of this subchapter; or Note 1 to paragraph (a)(1): An example of a commodity that as a result of development has properties peculiarly responsible for achieving or exceeding the controlled performance levels, functions, or characteristics in a USML category would be a swimmer delivery vehicle specially designed to dock with a submarine to provide submerged transport for swimmers or divers from submarines. […]
22 CFR 120.41 · retrieved 2026-08-29

Read Specially designed in plain language

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