On July 28, 2026, the Federal Communications Commission (FCC) added foreign-produced “advanced robotic devices” and “power inverters” to the FCC’s Covered List, effectively barring covered equipment from receiving the FCC equipment authorizations necessary for most electronic devices to be imported, marketed, or sold in the United States.[1] Separately, the FY2027 National Defense Authorization Act (NDAA), passed by the U.S. House of Representatives on July 22, 2026, includes the “Guarding Unregulated AI Robots from Deployment Act” (GUARD Act), a proposed bill that would prohibit the U.S. Department of Defense (DoD) from procuring humanoid robotic systems produced by foreign adversaries, including China.[2] The FCC’s Covered List update, in particular, represents a significant expansion of U.S. national security restrictions on mobile robotics and power inverters (which have applications in the power grid, among other uses).
FCC Covered List
The scope of the new restriction turn on two key definitions with respect to the covered equipment and the source of production, respectively. First, an “advanced robotic device” is defined broadly as a mechanical mobile device (including autonomous mobile robots, humanoid robots, and quadrupeds) that is capable of locomotion or movement on the ground, operates autonomously or semi-autonomously, and contains networked sensors and software controlling its navigation or data collection. The definition contains several important exclusions, including for “connected vehicles” (of any gross weight),[5] FDA-regulated medical devices (including surgical instruments and medical robotic systems), fixed stationary robots used in industrial or medical settings (such as robotic arms commonly found on factory production lines), uncrewed aircraft systems (separately addressed on the Covered List), rail vehicles, and unmanned underwater vehicles.
“Power inverter” is defined as a device that (i) is a bi-directional power device or system that converts direct current electricity to alternating current electricity, or converts alternating current electricity to direct current electricity, to include microinverters, string inverters, central inverters, and hybrid (battery-based) inverters; and (ii) contains components that enable remote communication, control, sensing, data-collection, or monitoring through Wi-Fi, cellular, Bluetooth, or other similar connections.
Second, “foreign-produced” is defined as any article that would not qualify as a “domestic end product” under the Buy American Act. Notably, this definition is not limited to products from any particular country, meaning that robotic devices produced in allied nations would also be covered. Under the Buy American Act, a “domestic end product” is an article that is manufactured in the United States and for which the cost of domestic components exceeds a specified percentage of the total cost of all components, currently 65% for items delivered in calendar years 2024 through 2028, rising to 75% for items delivered starting in 2029.[6] Because both prongs must be satisfied, a robotic device that is assembled in the United States but relies on foreign-sourced components still could be treated as “foreign-produced” for purposes of the Covered List.
The Covered List additions do not apply to devices that already have received FCC equipment authorization. In addition, foreign producers may apply for conditional approvals, a process through which DoD evaluates whether a foreign-produced device does not pose unacceptable national security risks and, if satisfied, grants an exemption from the Covered List. Applicants for conditional approvals must provide detailed disclosures regarding corporate structure, beneficial ownership, manufacturing locations, supply chain composition, and a time-bound plan to onshore manufacturing to the United States, among other requirements.[7]
GUARD Act
The GUARD Act, currently included as section 163 of H.R. 8800, would prohibit DoD from procuring humanoid robotic systems produced by foreign adversaries, including China. The GUARD Act is narrower than the FCC action in several respects: it is limited to DoD procurement (not private-sector imports or commercial activity), applies only to humanoid robotic systems (not mobile robots generally), and targets products of “foreign adversaries” rather than all foreign-produced devices. It expressly excludes “industrial robotic systems permanently installed in controlled manufacturing environments” and “assistive medical devices regulated under the Federal Food, Drug, and Cosmetic Act.” Given existing DoD procurement restrictions, the GUARD Act’s practical impact may be limited, but nevertheless signals legislative attention on foreign-produced robotics in the defense context and should be monitored as the NDAA progresses toward final passage.
Key Takeaways
Companies that manufacture, import, market, sell, or invest in mobile robotic systems and power inverters should review their products against the relevant FCC definitions to determine whether they fall within scope or qualify for an exclusion. Because the “foreign-produced” definition is not limited to any particular country, companies producing covered products outside the United States (regardless of nationality) should evaluate whether their products are affected. Foreign producers of covered products may consider applying for a conditional approval from DoD. In addition, companies that rely on or deploy foreign-produced robotic systems in their operations, including logistics, warehousing, agriculture, retail, and manufacturing businesses, should assess whether their suppliers’ products may be affected and evaluate potential impacts on their supply chains and operations going forward.
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Cleary’s Foreign Investment and National Security team is continuing to track developments regarding the evolving regulatory landscape for robotics and is available to provide guidance on navigating these developments.
[1] See Fact Sheet: FCC Updates Covered List to Include Foreign-Produced Advanced Robotic Devices and Power Inverters, Federal Communications Commission (July 28, 2026), available here. The FCC’s action was based on a National Security Determination, available here, finding that foreign-produced advanced robotic devices pose unacceptable risks to U.S. national security. The full Covered List is available on the FCC’s website here.
[2] H.R. 8800, Sec. 163, available here.
[3] See generally 47 C.F.R. Chapter I, Subchapter A, Part 2, Subpart I (“Marketing of Radio-frequency Devices”), available here.
[4] See 47 C.F.R. § 2.903, available here.
[5] The exclusion for connected vehicles references the definition in the Commerce Department’s ICTS Connected Vehicles Rule (15 C.F.R. Part 791, Subpart D), available here, but extends it to vehicles of any gross weight. We discussed the ICTS Connected Vehicles Rule in a prior blog post, available here.
[6] See 48 C.F.R. § 25.101(a), available here.
[7] For more information, see Annex A: Guidance on Submissions for Conditional Approval for Foreign-Produced Advanced Robotic Devices Subject to the FCC’s Covered List, Federal Communications Commission (July 27, 2026), available here.