What you need to know about NDAA Sect. 889

Are you in Compliance?

NOTICE- VIDEO SURVEILLANCE BAN

NDAA Section 889(a)(1)(B) becomes effective August 13, 2020, which prohibits the government from doing business with companies that use telecommunications or video surveillance equipment or services from the below specified Chinese companies (or any subsidiary or affiliate thereof).

Telecommunications equipment produced by or incorporating technology by the following companies (or any subsidiary or affiliate thereof):

Huawei Technologies Company

ZTE Corporation

Video surveillance and telecommunications equipment produced by the following companies (or any subsidiary or affiliate thereof):

Hytera Communications Corporation

Hangzhou Hikvision Digital Technology Company

Dahua Technology Company

The language as stated is very broad and prohibits the use of the referenced products and services, even within a contractor’s own infrastructure.

This law has been passed in the NDAA with an effective date of 13 August 2020.  Although there is not yet an interim or final rule to address this, companies are strongly encouraged to prepare for this impending legislation.

Background:

NDAA Section 889(a)(1)(A): (effective Aug 2019) prohibits companies from supplying the USG with certain telecommunications or video surveillance equipment or services; (Representation requirement: FAR 52.204-24 and sale prohibition:  FAR 52.204-25). (Part A focuses on products and services sold to the Government).

NDAA Section 889(a)(1)(B): (effective Aug 2020) prohibits the USG from contracting with companies that “use” these same telecommunications equipment/services (even in their own infrastructure and under non-government contracts).  (Part B focuses on companies that USE the covered products).

Hikvision OEM Partners Banned

3xLogic, ABUS, Activecam, ADJ, Advidia (Video Insight / Panasonic brand), Alarm.com, Alibi (Supercircuits), Allnet, Alula, Anaveo, Annke, Arcdyn, Armix, Aventura Technologies + criminal charges for fake manufacturing, Avue, Cantek, CCTVStar, Dax Networks, DMP, Dodwell BMS, DSS, Dunlop, DVR Unlimited, Ellipse Security, Epcom, Esypop, Ezviz, Global Network Security, GovComm Intelligent, Transportation Systems, Grundig, GVS Security, Hinovision, Hitachi, Hitosino, Hunt CCTV, Hyundai Security, Infinite Pixels, Inkovideo, Innekt, Interlogix (UTC), Invidtech, IP Cam Talk, JFL, Jlinks, LaView, LTS, MicroView, Nelly’s Security, Norelco SafeCam / Spider Vue / Invezia, Northern (Tri-Ed / Anixter), Novicam, NTT, Oculur / A1 Security Cameras, Onix, Paxton, Pnet, Power Technology, Raster, RVi, Safety Vision, Safire, Scati, SecurityTronix, Sentry CCTV, Sharp, Siqura / TKH, SnapAV / Luma, Space Technology, Syscom, Technomate, Toshiba, Trendnet, Vantage Security, Vezco CCTV, Videoteknika, Winic, Xyclop, Zicom

Dahua OEM Partners Banned

Activecam, Advidia / Panasonic, Amcrest, Ameta, Ascendent, Backstreet Surveillance, Bosch, BV Security, CCTV Security Pros, CCTV Star, CP Plus (Orange Line), Dax Networks, eLine, ENS (formerly Eastern CCTV and SavvyTech), Expose, Lorex, GSS, Honeywell, IC Realtime, Ikegami, Impath Networks, Inaxsys, IndigoVision, Infinity CCTV, Innekt, Intelbras, KBVision, Lumixen, Maxron, Montavue, Oco, Optiview, Panasonic, People Fu, Rhodium, RVI, Saxco, Security Camera King (Elite), Space Technology, Speco, ToughDog, Tyco Holis, Tyco Illustra Essentials, Unisight (EmPower), VIP Vision, Watchnet, Winic, Zuum