Section 889: the US Regulation that extends far beyond the US

One of the largest security threats that countries face is the breach of sensitive government systems and data. With the world constantly developing and undergoing digital transformation, the devices we all rely on for both our personal and work lives are increasingly manufactured in countries considered potentially or even actively hostile toward our national interests. The U.S. Department of Defense (DoD) took a step toward combating this threat by issuing an interim Rule. The new ruling amends the Federal Acquisition Regulation (FAR) to implement section 889 of the John S. McCain National Defense Authorization Act (NDAA). It went into effect on 13th August 2020 and addresses the new prohibition on the use of banned telecommunications equipment and services, while also clarifying the ban from 2019 on buying such equipment. The end goal is to combat the threat that potential cyber-attacks pose to our national security.  


In effect, the section 889 ban prohibits federal agencies from doing business with any entity that provides telecommunications and video surveillance services, or equipment that is manufactured or provided by certain companies or any subsidiaries or affiliates with known connections to China. Essentially, this Rule was put in place to prevent any efforts from threat actors to exfiltrate information and intellectual property that pose potential risks to the U.S. government and industry.  


There are five specific companies that fall under the category of ‘Prohibited Technology’. These restrictions are in place for the purpose of public safety, the security of government facilities, the physical security surveillance of critical infrastructure along with other national security purposes. More specifically the restrictions are aimed at the telecommunication equipment and services produced by Huawei Technologies, ZTE Corporation or any subsidiary or affiliate of both. Additionally, any video surveillance and telecommunications equipment ..

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