In 2019, the National Defense Authorization Act (NDAA) prohibited the sale and installation of products from certain companies primarily located in the People’s Republic of China.
Additionally, components manufactured by these companies, whether integrated into other products or provided as OEM parts, will undergo heightened scrutiny or face restrictions in accordance with section 889 compliance.
Moreover, in 2021, the U.S. Congress enacted legislation that bars the import and sale of products from Hikvision and Dahua.
In this guide, we’ll answer a key question: Which security cameras can you use, and which ones are not allowed? Whether you’re a homeowner, business owner, or into security, understanding NDAA compliance is important.
What is NDAA Compliance in Security Camera Systems
The National Defense Authorization Act (NDAA) comprises a set of federal laws annually passed by Congress, outlining the budget for the U.S. Department of Defense.
Enacted in 2019, the NDAA introduced Section 889 compliance, explicitly preventing U.S. federal entities, recipients of grants or loans, and contractors from using equipment or products banned by the United States.
This provision also laid the groundwork for subsequent lists in 2020 and 2021, identifying manufacturers prohibited from obtaining approval for conducting business within the United States.
Do you offer video surveillance services or sell surveillance equipment? Do you currently work with or might you work with a U.S. government agency? If so, the 2019 NDAA rules are important for your business.
An essential aspect within the NDAA is found under “Other Matters” – specifically, Section 889, addressing the Prohibition on certain telecommunications and video surveillance services or equipment.
Here’s the specific paragraph:
The head of an executive agency may not:
(A) procure or obtain or extend or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or
(B) enter into a contract (or extend or renew a contract) with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.
(2) Nothing in paragraph (1) shall be construed to— (A) prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third party, such as backhaul, roaming, or interconnection arrangements;
Or (B) cover telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.
How to Understand the NDAA Section 889 Compliance
In the context of this particular law, the “covered foreign country” in question is none other than the People’s Republic of China. Now, this is what the passage is referring to:
- Telecommunications equipment manufactured by Huawei Technologies Company, ZTE Corporation, or any of their affiliated entities.
- Video surveillance equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company, and their affiliated entities.
- Telecommunications or video surveillance services provided by the mentioned companies or anyone utilizing equipment manufactured by them.
Here’s the most important part: If you’re involved in the installation of security equipment on government premises or engaging in the sale of security devices to government officials for official use (in government properties), you need to pay careful attention to the manufacturer of your camera. And not just that, even to your camera’s components.
It’s important to note that NDAA Section 889 isn’t limited to government facilities—it also applies to projects funded by the federal government.
Let’s break it down using an example. If you’re putting in security cameras at a school or a municipal building that’s received federal grant funding, those cameras must comply with the NDAA.
However, if the school or municipality is operating without federal funding, you have more flexibility in your choice of security cameras.
When in doubt, it’s wise to play it safe. Whether you’re working on a project for a city, state, or federal government facility, opting for NDAA-compliant products is a smart move to ensure you’re meeting regulatory requirements.
Which Security Cameras Are Banned on US Government Properties
The law establishes two distinct bans. First, it prohibits all telecommunications equipment produced by Huawei and ZTE.
Second, it explicitly restricts video surveillance equipment manufactured by the remaining three companies: Hytera, Hikvision, and Dahua.
Essentially, any security camera or recorder incorporating significant components from these five companies is not allowed for federal government projects.
Clearly, the prohibition extends beyond the direct installation of Hikvision, Dahua, or Hytera cameras on government properties. However, navigating these restrictions isn’t as straightforward.
The legislation also extends to the original OEM use of these cameras. Given that Hikvision and Dahua rank among the major manufacturers of security equipment in the world, this widens the scope of companies affected by the ban.
You can find a list of companies selling OEM Hikvision products by clicking here. Keep in mind, this list only includes companies that are open about using Hikvision products.
There are probably more companies using these products without telling anyone. This makes it tricky for businesses working on federal projects to follow the ban.
OEM stands for original equipment manufacturer, which means a company that makes parts for use in another company’s products. Hikvision, for instance, supplies OEM parts to a wide range of companies.
It’s worth noting that products like security systems made through OEM arrangements are not prohibited for regular use across the United States according to Section 889 of the NDAA bill. The restriction only applies to federal use.
In simpler terms, for business owners globally, OEM products remain a practical option.
While there are no obstacles to using them for regular purposes, it’s essential to be aware of the limitations when considering them for federal projects due to the specific regulations outlined in the NDAA legislation.
To conclude, according to the U.S. government’s NDAA bill, companies like Dahua and Hikvision are seen as a risk to national security.
This is because there have been instances of security breaches. Intelligence agencies and national security officials think these devices could be used by the Chinese government for spying in the U.S.
The worry grows due to collaborations between companies like Hikvision and the Chinese military to create advanced military solutions.
In response to these concerns, lawmakers believe it’s necessary to take action against these manufacturers, including companies like Dahua and Huawei. As a result, they’re enforcing Section 889 compliance at the federal level.
Are HiSilicon SoC Chipsets Banned in Security Cameras
The ban extends to the use of HiSilicon System on a Chip (SoC) chipsets by Huawei. To break it down, an SoC, or System on a Chip, is like the brain of a security camera or recorder.
Many security products in the market rely on HiSilicon chips to operate. However, since HiSilicon is a subsidiary of Huawei, and Huawei is on the 2019 NDAA ban list, any security cameras employing these chips are also restricted from being used on government properties.
Which Security Cameras Are Not Banned by US Government
Because most manufacturers don’t share information about the chips in their equipment, and some companies keep their manufacturers a secret, it’s hard to confidently know if a particular security camera follows NDAA rules.
So, if you’re looking for a camera for government properties, it’s crucial that your supplier is clear with you. You need to know who made your cameras and what kind of chip is inside.
Below is a list of companies that manufacture and sell NDAA-compliant cameras and security equipment.
AXIS, a Swedish company founded in 1984, specializes in NDAA-compliant access control, audio surveillance, video recorders, and security cameras.
ACTi, a Taiwanese company established in 2003, focuses on NDAA-compliant security cameras and recorders, along with access control and accessories.
Bosch, a German company with roots dating back to 1886, has been producing quality NDAA-compliant security products, including security cameras, recorders, and motion detectors since the 1990s.
Digital Watchdog, an American company founded in 1987, excels in NDAA-compliant security cameras, software, recorders, accessories, and comprehensive security systems.
Hanwha Vision, previously known as Samsung Hanwha Techwin, has been a Korean industry leader since its founding in 1977, gaining recognition for high-quality products.
Mobotix, a German company established in 1999, specializes in NDAA-compliant access control, security camera system accessories, audio surveillance, and security cameras.
Pelco, an American company founded in 1957, is renowned for its NDAA-compliant security cameras, recorders, and related accessories.
Speco, an American company founded in 1958, focuses on NDAA-compliant audio surveillance products, security cameras, video recorders, accessories, and top-notch security camera systems.
Vivotek, a Taiwanese company established in 2000, specializes in high-end NDAA-compliant security cameras, recorders, and related accessories known for their reliability and quality.
Can you install Hikvision or Dahua cameras on non-government-owned properties, such as residential or commercial setups?
You’re free to use Hikvision or Dahua cameras on properties that are not owned by the government. This includes places like homes or businesses.
So, whether you want to enhance security at your house or set up surveillance for a business, these cameras are a suitable choice for non-government-owned properties.
