Section 889 of the 2019 National Defense Authorization Act
Pursuant to Section 889 of the National Defense Authorization Act of 2019 (“NDAA”), federal contractors, including Emory University, are subject to prohibitions involving certain covered telecommunications equipment or services produced by certain China-based companies and their subsidiaries or affiliates.
Federal contractors are currently prohibited from providing covered equipment and services to the U.S. government (Part A, effective August 13, 2019), and using covered equipment and services, even if the equipment is not used in the performance of a federal contract, (Part B, effective August 13, 2020).
“Covered Telecommunications Equipment and Services” and Prohibited Entities
Examples of “covered telecommunications equipment and services” includes:
- Cellphones and tablets;
- Video surveillance cameras;
- Network routers and switches; and
- Telecommunications or video surveillance services provided by prohibited entities or using equipment produced by prohibited entities.
Currently, the prohibited entities under the regulations are:
- Huawei Technologies Company;
- ZTE Corporation;
- Hytera Communications Corporation;
- Hangzhou Hikvision Digital Technology Company;
- Dahua Technology Company; and
- Affiliates and subsidiaries of the above*
A full list of the entities is available from the Emory Export Controls Office.
Responsibilities of All Emory Personnel
Emory personnel are prohibited from purchasing covered equipment or services, or using covered equipment or services, for Emory business, regardless of funding source or relationship to a federal contract or grant. Personal devices that qualify as covered equipment cannot be used for Emory business, including basic email communication, and cannot be connected to Emory networks for any purpose.
The list of prohibited companies has been added to Visual Compliance, the software that Emory uses to screen vendors. All vendors should be screened using Visual Compliance to ensure they are not on any prohibited list.
Please contact Emory’s Export Control Office if you do not have access to Visual Compliance or if you receive a positive match.
Please contact the Office of Sponsored Programs if you are required to make a representation (i.e., certify) to the U.S. government that you are (or Emory is) in compliance with NDAA Section 889.
Please contact Scott Shacter, Dir, Contract Administration at Emory Procurement, email@example.com if you become aware of Emory purchasing covered equipment or services.
Please contact John Ellis Deputy CIO, firstname.lastname@example.org, if you become aware of Emory using covered equipment or services.
Q: I have a personal device that is produced by one of the prohibited entities. Can I use it for Emory business, even just to check email? What if I use it for exclusively personal work and just use Emory WiFi?
A: No and no. Please do not use a personal device (e.g., Huawei cellphone) produced by a prohibited entity for Emory business. Emory policy prohibits connecting a personal device to Emory networks regardless of purpose.
Q: I do not participate in any activities at Emory that are funded by the U.S. government either through a contract or grant. Does this prohibition still apply to me?
A: Yes. The prohibition is intentionally broad and applies to Emory as a whole. Even if an activity is unrelated to a federal contract or grant, the prohibition still applies. By virtue of being Emory personnel, the requirement extends to you.
Q: I purchased covered equipment before NDAA Section 889 went into effect. Does this prohibition still apply to me?
A: Yes; if the equipment or services are still being used or will be used in the future, it does not matter when they were purchased.
Q: I identified covered equipment in my lab. Should I replace it immediately?
A: Contact John Ellis, Deputy CIO email@example.com. Please do not take any action on your own.
Q: I screened a vendor and I think I have a positive match. What should I do?
A: Contact the Export Control Office (firstname.lastname@example.org) for assistance in resolving a potential positive hit.
- Questions about the applicability of NDAA Section 889 to grants and contracts can be raised to Holly Sommers, Asst VP, Rsch Admin/Dir, OSP, email@example.com, 404-727-2507
- Questions about the applicability of NDAA Section 889 to procurement can be raised to Scott Shacter, Dir, Contract Administration at Emory Procurement, firstname.lastname@example.org
- Questions related to the applicability of NDAA Section 889 to technology and devices can be raised to John Ellis, Deputy CIO, email@example.com, 404-727-4871
- Emory Strategic Procurement Policy (Policy 2.121)
- Connecting to the Emory Data Network Policy (Policy 5.4)
- NDAA (see p. 282 for Section 889)
- Interim Rule implementing Part A of Section 889
- Interim Rule implementing Part B of Section 889