Trade Law Daily is a Warren News publication.

Lawmakers Ask DOD to Clarify Role in Exports to Chinese Drone Maker

A group of 15 House and Senate members wrote to Defense Secretary Lloyd Austin on Dec. 18 asking whether the Department of Defense played a role in approving the export of U.S. technology to Chinese drone manufacturer Da Jiang Innovations (DJI).

Sign up for a free preview to unlock the rest of this article

Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.

Citing “credible industry reports” indicating such exports have occurred, the lawmakers said the U.S. shouldn't be supplying parts to DJI, whose products have been used in China's human rights violations against the Uyghur minority, as well as in Hamas' attacks on Israel and in Russia's war against Ukraine. The letter notes that because DJI was placed on the Commerce Department’s Entity List in 2020 (see 2012180039), U.S. companies cannot export their technology to DJI unless they receive a license from the U.S. government. The letter points out that DOD is supposed to examine the potential national security risks of such proposed exports.

“We are requesting clarification on whether the DOD supported the export of U.S. technologies that have enabled DJI to assist the [Chinese Communist Party] in brutally repressing the Uyghur population and equipping Iranian-backed Hamas and Russian military forces with drones,” the letter says.

The letter specifically asks whether DOD recommended approving exports to DJI and whether anyone in the department raised concerns about such transactions. It requests that the DOD technical experts who reviewed the exports brief Congress on their recommendations and how they arrived at them.

The letter was sent by House Republican Conference Chair Elise Stefanik of New York; House Select Committee on China Chairman Mike Gallagher, R-Wis.; Sen. Joni Ernst, R-Iowa; and Rep. Jimmy Panetta, D-Calif. Three senators and eight House members co-signed the letter.

A DOD spokesperson declined to comment on the letter. “As with all of his correspondence, the secretary will respond to the author(s) of the letter in due course,” the spokesperson said in an email.

Commerce, which is copied on the letter, and the White House didn't respond to our requests for comment.

In a statement, a DJI spokesperson denied “any allegations against DJI regarding human rights,” and said the company “voluntarily stopped all shipments to and operations in Russia and Ukraine” in April 2022.

“We have repeatedly notified our global distribution network that they are prohibited from selling, and must block any sale of products or spare parts, to customers in Russia and Ukraine regardless of intended end use, and [are] not to sell DJI products for combat purposes or help modify our products to be used for combat operations,” the spokesperson said. "Our distributors, resellers, and other business partners must commit in writing and periodically certify that they have complied with this policy, and understand we will terminate our business relationship if they cannot adhere to this commitment.”

The letter to DOD came less than three weeks after the leaders of the House Select Committee urged the Biden administration to place export controls and investment restrictions on another Chinese drone maker, Autel Robotics, due to several concerns, including the company’s ties to the country’s military (see 2312010012).