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USA - DJI Drone Ban and Canadian Cross Border Commercial Operations

By: Colonel (ret) Bernie Derbach, KR Droneworks, 31 Dec 25



As the geopolitical landscape shifts and technological sovereignty becomes a focal point of North American security policy, the "DJI Ban" in the United States has transitioned from a looming threat to a regulatory reality. For Canadian commercial drone pilots—many of whom operate a fleet dominated by DJI technology and frequently cross the border for lucrative contracts in the U.S.—this shift is seismic.



While Canada continues to maintain a risk-based, technology-agnostic approach to drone regulation, the U.S. has moved toward a model rooted in national security and supply chain integrity. This comprehensive guide explores the mechanics of the U.S. DJI ban, the regulatory divergence between Canada and the U.S., and the critical implications for Canadian commercial pilots venturing south of the 49th parallel.


Introduction: The 49th Parallel and the End of the "One-Fleet" Era


For the Canadian commercial drone pilot, the border between Canada and the United States has historically been little more than a paperwork hurdle—a matter of aligning Transport Canada (TC) certificates with FAA Part 107 credentials. However, as of December 23, 2025, that border has become a technological divide.


The automatic inclusion of DJI on the FCC Covered List, triggered by the expiration of the 2025 National Defense Authorization Act (NDAA) audit deadline, has fundamentally altered the North American UAS landscape. While Canada continues to embrace a technology-agnostic regulatory framework—recently expanded on November 4, 2025, to allow routine BVLOS and medium-drone operations—the U.S. has effectively moved to isolate DJI from its future communications infrastructure.


This legislative shift creates a complex "gray zone" for Canadian operators. It is no longer enough to be a skilled pilot; you must now be a supply-chain strategist. If your business model involves crossing the border for industrial inspections, cinematography, or mapping, you are now operating in a jurisdiction where your primary tools are legally "sunsetted."


1. Understanding the "Ban": The FCC Covered List and the 2025 Trigger


The term "DJI Ban" is often used loosely, but its legal foundation is precise. The primary mechanism for the restriction is the Federal Communications Commission (FCC) "Covered List." This list identifies communications equipment that poses an "unacceptable risk to the national security of the United States."


A key provision in the 2025 NDAA required a federal national security audit of DJI. On December 23, 2025, after no security agency cleared the company, DJI was automatically added to the FCC Covered List.


What this means in practice:

  • New Models Blocked: The FCC can no longer grant "Equipment Authorization" for new DJI products. This effectively bans the import and sale of any new DJI models (e.g., a hypothetical Mavic 4 or Matrice 400) in the U.S.

  • Existing Fleets Grandfathered: The FCC action does not ground drones that already have FCC authorization. If you own a DJI Mavic 3 or Matrice 350, it remains legal to operate under FAA Part 107 rules—for now.

  • The Component Crunch: The ban extends to "critical components." Sourcing legitimate replacement parts within the U.S. will become increasingly difficult as stocks dwindle.


2. The Regulatory Divide: Canada vs. The United States


Canadian pilots are accustomed to Transport Canada (TC) regulations under CARs Part IX. Canada’s approach has historically been focused on operational safety rather than country of origin.


Transport Canada (TC) Stance


As of late 2025, Transport Canada has not followed the U.S. lead.

  • Technology Agnostic: TC’s "Advanced Operations" certificate allows pilots to fly based on the drone’s "Safety Assurance" declaration. DJI remains the most common manufacturer on this list.

  • BVLOS Expansion: On November 4, 2025, Canada implemented expanded rules for Beyond Visual Line of Sight (BVLOS) and medium-sized drones (up to 150 kg). These rules continue to permit DJI Enterprise aircraft.


U.S. FAA and State-Level Complexity

The U.S. environment is far more fragmented. A Canadian pilot must navigate:

  1. Federal (FAA): Still permits Part 107 operations for existing DJI drones.

  2. Federal (Procurement): If sub-contracted for a U.S. federal project, DJI is strictly prohibited under Section 848 of the NDAA.

  3. State-Level Bans: States like Florida, Arkansas, and Mississippi have implemented their own bans for state-funded projects or work on state land.


3. Strategic Recommendations: Customs and Documentation

If you are a Canadian commercial operator planning to do work in the U.S. in 2026, you must prepare a "Border Compliance Folder" to ensure your gear isn't seized at the port of entry.


The "Border Compliance Folder" Requirements:


  • Proof of Prior Authorization: Carry copies of the FCC ID registration for your specific drone model. This proves your drone was authorized before the December 23, 2025 cutoff.

  • Bill of Sale: A dated receipt showing the drone was purchased and imported into North America before the ban took effect is vital to prove it is not a "newly imported" prohibited device.

  • DOT Foreign Aircraft Permit (Part 375): Canadian pilots doing "specialty air work" (commercial work) in the U.S. are required to file for economic authority via a Part 375 permit with the Department of Transportation. Do not rely on your Part 107 certificate alone; the DOT permit is what legally allows a foreign-owned aircraft to work for profit in the U.S.

  • FAA DroneZone Registration: Your drone must be registered in the U.S. system (even if already registered in Canada). Ensure you have the FAA registration number physically labeled on the drone.


My Recommendation on Customs Strategy:


Do not attempt to cross with "New-in-Box" DJI gear. U.S. Customs and Border Protection (CBP) are under high alert for "de minimis" and illegal imports of banned technology. If your gear looks like new inventory, it may be seized. Carry your gear in professional, used flight cases with all necessary safety and authorization paperwork visibly indexed.


4. Technical Hurdles: Firmware and Data Sovereignty


While DJI drones are not being "bricked" remotely, the ban creates significant technical friction:


  • App Store Delisting: The U.S. government has pressured Google and Apple to remove DJI apps. Download and update all apps before leaving Canada.

  • Cloud Syncing: DJI has disabled flight log syncing for U.S.-based users. You may be forced into "Local Data Mode."

  • Maintenance: You cannot simply buy a replacement in the U.S. if you crash. You would likely have to ship the unit back to Canada, as U.S. service centers face import restrictions on parts.


5. Conclusion: Diversify to Survive


The U.S. DJI ban represents a "de-risking" of the drone industry. For Canadian pilots who rely on U.S. contracts, a diversified fleet is no longer an option—it is a necessity. Adopt a Hybrid Fleet by investing in at least one NDAA-compliant airframe (e.g., Skydio or Freefly) specifically for U.S. work. This allows you to bid on any contract, regardless of the client's security requirements.


Success in the 2026 cross-border market will belong to the pilots who are as skilled in regulatory compliance and fleet diversification as they are at the sticks.


References and Resources


Disclaimer for: USA - DJI Drone Ban and Canadian Cross Border Commercial Operations
LEGAL NOTICE & LIMITATION OF LIABILITYThe information provided in this article is for informational and educational purposes only and does not constitute legal, regulatory, or professional advice.1. No Guarantee of Accuracy: While every effort has been made to ensure the accuracy of the information regarding Canadian (Transport Canada) and U.S. (FAA/FCC) drone regulations as of late 2025, laws and "Covered Lists" are subject to rapid change. The author and publisher make no warranties, express or implied, about the completeness or reliability of this content.2. Assumption of Risk: Drone operations, particularly cross-border commercial activities, involve significant legal and financial risks. It is the sole responsibility of the pilot and/or business owner to verify current U.S. Customs and Border Protection (CBP) policies, FAA Part 107 requirements, and FCC equipment authorizations before transporting equipment or performing work.3. Limitation of Liability: Under no circumstances shall the author, publisher, or associated entities be held liable for any direct, indirect, or incidental damages—including but not limited to equipment seizure, fines, loss of contracts, or legal fees—arising from the use of or reliance on the information contained in this article.4. Professional Consultation
Recommended: Readers are strongly encouraged to consult with legal counsel specializing in aviation law and international trade before conducting commercial drone operations across the Canada-U.S. border.

 
 
 

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