DJI has filed an appeal with the U.S. Court of Appeals for the D.C. Circuit following a federal district court ruling that upheld the Department of Defense’s designation of the company as a “Chinese Military Company.” The appeal marks the latest step in a legal process that has drawn attention across both the drone and defense sectors.
According to the company, the District Court rejected most of the Department of Defense’s allegations, finding no evidence that DJI is owned or controlled by the Chinese Communist Party, affiliated with the Ministry of Industry and Information Technology, or linked to any military-civil fusion enterprise zone. The Court upheld only two points, related to DJI’s National Enterprise Technology Center status and the dual-use nature of its products, but did not conclude that DJI has military ties.
In a statement announcing the appeal, a DJI spokesperson said, “We respect the Court’s process but are disappointed that the designation remains in place despite findings that reject the core of the DoD’s allegations. We will continue to defend the integrity of our company as the findings reaffirm what we have maintained all along — that DJI operates independently, has no government or military affiliation, and is committed to the responsible development of drone technology.”
The Broader U.S. Policy Landscape
Inclusion on the Department of Defense list is one of several measures the U.S. government has implemented to limit the use of DJI drones. As DRONELIFE previously reported, federal agencies are pursuing a dual approach to both restrict Chinese-manufactured drone platforms and support the growth of domestic alternatives.
The Department of Defense designation, alongside other pending legislation, has effectively restricted the purchase and use of DJI products by federal agencies and contractors. At the same time, U.S. manufacturing initiatives, such as the Blue UAS program and industrial investments supported by the Department of Defense and the Department of Commerce, aim to strengthen domestic drone supply chains and reduce reliance on foreign components.
DJI’s Response and Ongoing Compliance Measures
DJI maintains that it is a private company dedicated to civilian and creative applications of drone technology. The company noted that it was the first in the industry to publicly discourage the combat use of its products and continues to enforce policies prohibiting such use. DJI stated that it does not manufacture military equipment and has never marketed drones for combat purposes.
The outcome of the appeal may shape future interpretations of what qualifies as a “Chinese Military Company” under U.S. law. It will also influence how the government defines acceptable foreign participation in the American drone market: a market now under intense scrutiny as the U.S. seeks to balance national security concerns with the need for technological innovation.
Read more:
- FCC to Vote on New Safeguards: Could Existing Models of DJI Drones Be Affected?
- DJI Responds to U.S. Court Ruling, Reaffirms No Military Ties
- DJI to Remain on Pentagon List After U.S. Court Ruling
Miriam McNabb is the Editor-in-Chief of DRONELIFE and CEO of JobForDrones, a professional drone services marketplace, and a fascinated observer of the emerging drone industry and the regulatory environment for drones. Miriam has penned over 3,000 articles focused on the commercial drone space and is an international speaker and recognized figure in the industry. Miriam has a degree from the University of Chicago and over 20 years of experience in high tech sales and marketing for new technologies.
For drone industry consulting or writing, Email Miriam.
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I believe that it’s Chinese law that all Chinese companies provide information on their operations to gov’t. I do not believe that DJI can be separated from the Chinese gov’t as long as they are a Chinese company.
I’ll tell you more. As an American-Ukrainian, I can establish contacts with excellent Ukrainian drone manufacturers. And they’ll then explain in great detail, with photos and videos, to the Ministry of Defense which drones should be considered military and which shouldn’t… Simply, “Knock, and the door will be opened…. Ask, and it will be given,”.
With no supporting evidence of any ties between DJI and the Chinese military, the DoD and the lower court are irresponsible to call DJI a Chinese Military company. Such designation causes unnecessary pain and suffering and loss of use to U.S. drone flyers, professional and amateur flyers alike.
It is naïve, dare I say childlike – or just plain stupid, to think the Chinese Military does not have layers of covert military entities which operate solely to gather data.
Chinese citizens are directed to take photos out of plane windows as commercial airline passengers when flying over certain areas. This has been reported on ad infinitum, as well as the Chinese anti-spy ministry telling foreign passengers they may not even lift plane windows shades at dual-use airports. They are projecting because they know what they tell Chinese citizens to document when abroad.
DJI is easily exploited and certainly monitored by the Chinese Military. Only a fool would think they’re just a “private drone company”, which operates with ethics and professional integrity. I’m literally laughing as I type that.
Do you think the US can even catch up to the level and quality of DGI products? How long will it take? The situation is deadlocked. On the other hand, in Russia’s war in Ukraine, troops are widely using not only DJI Mavic drones but civilian SUVs and even motorcycles. Then the Ministry of Defense should recognize ALL transport companies as military and ban them forever…