NDAA and TAA Compliance: A Complete Guide

In 2019, the U.S. federal government implemented the John S. McCain National Defense Authorization Act 2019 – Section 889 which prohibits the sale, purchase, and use of a wide range of security surveillance and telecommunications equipment that’s manufactured by Chinese vendors and their subsidiaries in any type of government building or federal-funded project.

Hikvision and Dahua Banned by US Government

As of October 22nd, 2021, the United States House of Representatives passed a bill that will eventually ban Hikvision and Dahua manufactured devices from both being imported and sold. The bill was later signed by the president shortly thereafter. According to the reasoning written into the specific bill, the ban comes due to the heightened national security risk of such devices. These companies are also included with three additional Chinese companies: Huawei, ZTE, and Hytera. On top of such a ban brought about by section 889 compliance, companies that are considered OEM in relation to any of the original Chinese manufacturers will be subject to new restrictions and scrutiny in relation to federal use.

Why are they banned in the United States?

According to the United States Government in the NDAA bill, companies like Dahua and Hikvision feature an inherent risk to national security. After more than a few occasions of discovered security breaches, those representing intelligence agencies and national security see the devices as an avenue for the Chinese government to infiltrate the US through cybernetic espionage. Furthermore, due to companies like Hikvision partnering with the Chinese military to develop more advanced militaristic solutions, lawmakers see it as a safe assumption to take action against the manufacturer and companies similar to Dahua and Huawei. Ergo, section 889 compliance will be enforced at the federal level. Both of the latter companies have also made similar commitments to the Communist Government. This has also given Congress ample reason to restrict contractors and government entities to a list of NDAA-compliant cameras.

What is NDAA?

National Defense Authorization Act (NDAA), effective August 13, 2019, section 889 outlines the prohibited use of certain video surveillance equipment and components manufactured by the following vendors:

  • Hikvision Digital Technology Company
  • Huawei Technologies Company
  • ZTE Corporation
  • Hytera Communications Corporation
  • Dahua Technology Company

What is TAA?

TAA refers to the Trade Agreements Act, which is to foster fair and open international trade. TAA requires that products are produced or undergo “substantial transformation” within the United States or a designated country. These countries include: Countries that have reciprocal trade agreements with the United States, including Canada, Mexico, and Australia, countries that participate in the World Trade Organization’s Government Procurement Agreement, also including Japan and many European countries, and countries designated as “least developed,” such as Afghanistan, Bangladesh, Laos, and Ethiopia.

Why You Should Be TAA Compliant

The Trade Agreements Act (19 U.S.C. & 2501-2581) of 1979 was enacted to foster fair and open international trade, but more importantly, it implemented the requirement the U.S. government may acquire only U.S.-made or designated end products. This means specifically that GSA must only accept U.S.-made and/or TAA-compliant products while under the MAS program. This requirement has still left many GSA contract holders confused about its true meaning.

How Does This Affect Me?

When concerning federal agencies and contractors, manufactured products by Dahua, Hikvision, Huawei, other banned companies, and those that use them as original equipment manufacturers (OEM) must remove such devices from use immediately to be NDAA Section 889 compliant. In addition, those that are federal contractors for the United States government will no longer be considered for business if such a measure is not internally taken. Furthermore, specific replacements may be more difficult to ascertain primarily due to the NDAA bill banning Hikvision and Dahua. However, CREG Systems has a massive catalog of security cameras, recorders, and more for you to choose from. In addition, our professionals are ready to help you find the best solution for your needs if you need to replace your device with a product under a different brand. We can still provide you with each of our presented products and can also fully follow NDAA section 889 compliance

CREG Systems

At CREG Systems, we take pride in using only NDAA and TAA compliance equipment for your camera and surveillance needs.  CREG Systems supports NDAA compliance across its product lines and has a full suite of trade-compliant devices, with many currently used in government, defense, and a range of commercial applications.