The US Senate has passed the National Defense Authorization Act (NDAA), a massive defense spending bill that has significant implications for DJI, the world's largest drone company. While the bill does not contain the full "Countering CCP Drones Act" provisions that would have quickly blocked imports of DJI products into the United States, it instead gives DJI a one-year countdown to prove its innocence.

According to the bill, if DJI cannot convince "an appropriate national security agency" to publicly declare that its products do not "pose an unacceptable risk to the national security of the United States," the Federal Communications Commission (FCC) will add DJI's gear to its "covered list" under the Secure and Trusted Communication Networks Act. This would effectively ban all imports of DJI products, including drones, cameras, and other communications and video surveillance equipment.

The bill's language is broad, and its implications go beyond just drones. Any DJI product with a radio or camera, such as the popular DJI Osmo Pocket 3, would technically be banned from import into the United States. Furthermore, the bill prevents DJI from exploiting loopholes by whitelabeling its drones under other brand names or licensing its technology to other companies.

The bill has already passed the House of Representatives and is headed to President Biden's desk, where it is considered a must-sign to avoid a partial government shutdown. However, the fate of DJI's products in the US market ultimately rests with the Trump administration, which may choose to intervene on DJI's behalf or allow the ban to take effect.

DJI has been facing increased scrutiny in the US, with reports of surprise import restrictions and a conscious decision to ship fewer products into the country. In October, the company sued the US Department of Defense for labeling it a "Chinese Military Company." DJI has called the NDAA's passage "good news" in a blog post, but expressed concerns about the lack of specificity in the law and the potential for arbitrary decisions by government agencies.

The company is urging Congress to designate a "technically focused agency" to assess its products and provide an opportunity for DJI to respond to any concerns. As the clock ticks down on the one-year deadline, DJI will likely be working to build relationships with US officials and demonstrate the safety and security of its products.

The NDAA's passage is part of a broader trend of increased scrutiny of Chinese technology companies in the US. TikTok, another Chinese company, is facing a potential ban, and the US government has targeted other Chinese companies, such as TP-Link, with potential bans on their products. As the US-China tech rivalry continues to escalate, the fate of DJI's products in the US market remains uncertain.