Section 889 Compliance Guide 2025: Prohibited Telecommunications Requirements

Quick Answer: What is Section 889?

Section 889 of the 2019 NDAA prohibits federal agencies and contractors from using certain telecommunications equipment from specified Chinese companies. Part A bans the government from procuring covered equipment. Part B prohibits contracting with companies that use covered equipment anywhere in their organization—even for non-government work.

Part A

Procurement Ban

Part B

Use Ban

Banned Entities

Required

Certification

What is Section 889?

Section 889 was enacted as part of the John S. McCain National Defense Authorization Act for Fiscal Year 2019. It addresses national security concerns about Chinese telecommunications equipment in federal systems.

Section 889 Timeline

Aug 2019Part A effective—agencies cannot procure covered equipment

Aug 2020Part B effective—agencies cannot contract with companies using covered equipment

OngoingRequired certification on all federal contracts

Prohibited Equipment and Entities

Covered Entities

Huawei Technologies Company

Including subsidiaries and affiliates

ZTE Corporation

Including subsidiaries and affiliates

Hytera Communications Corporation

Video surveillance and telecommunications

Hangzhou Hikvision Digital Technology Company

Video surveillance equipment

Dahua Technology Company

Video surveillance equipment

What Counts as Covered Equipment

×Telecommunications equipment from listed entities
×Video surveillance and telecommunications equipment for public safety
×Equipment capable of routing user data through covered systems
×Services using covered equipment
×Components from covered entities in other equipment

Part A vs Part B

Part A: Procurement Ban

Effective August 2019

→Agencies cannot procure covered equipment
→Applies to equipment for government use
→Includes loans, grants, and contracts

Part B: Use Ban

Effective August 2020

→Agencies cannot contract with companies using covered equipment
→Applies to equipment used anywhere in contractor organization
→Includes subsidiaries and affiliates

Part B Impact

Part B is far-reaching. Even if covered equipment is used for purely commercial purposes unrelated to government work, you cannot certify compliance. This requires examining your entire corporate infrastructure, including security cameras, network equipment, and mobile devices.

Compliance Requirements

Contract Clauses

FAR 52.204-24

Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. Required representation at time of offer.

FAR 52.204-25

Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. Applies to contract performance.

FAR 52.204-26

Covered Telecommunications Equipment or Services—Representation. Simplified representation for SAM.gov registration.

Contractor Obligations

☐Complete SAM.gov representation annually

☐Represent compliance in each proposal

☐Conduct reasonable inquiry of supply chain

☐Report discovery of covered equipment

☐Flow requirements to subcontractors

Reasonable Inquiry

You must conduct a reasonable inquiry to determine if covered equipment is present. What constitutes reasonable varies by organization size and complexity.

Inquiry Steps

Inventory IT Assets

Document all telecommunications and video surveillance equipment

Check Manufacturers

Verify equipment is not from covered entities or their subsidiaries

Review Supply Chain

Check if equipment contains components from covered entities

Survey Subsidiaries

Include all corporate affiliates and subsidiaries in your review

Document Findings

Maintain records supporting your compliance certification

Waivers and Exceptions

Waiver Process

Agency heads may grant waivers on a case-by-case basis. Waivers require:

→Compelling justification
→Mitigation plan for security risks
→Notification to Congress
→Time-limited approval (typically 2 years max)

Waivers are rarely granted and should not be relied upon as a compliance strategy.

Limited Exceptions

→Services connecting to government facilities for backhaul may qualify
→Equipment unable to route or redirect user data may qualify
→Specific agency determinations may apply

Frequently Asked Questions

Do security cameras count?

Yes—video surveillance equipment from Hikvision and Dahua is covered. This includes security cameras in your offices, even if completely unrelated to government work.

What about personal devices?

Personal devices used for work purposes should be reviewed. If employees use personal Huawei phones for work email, this could be problematic. Establish clear BYOD policies.

Does this apply to subcontractors?

Yes—prime contractors must flow Section 889 requirements to subcontractors. You are responsible for ensuring your subcontractors can also certify compliance.

What if I discover covered equipment?

Report discovery to the contracting officer within 1 business day. You must then develop a mitigation plan. Simply removing the equipment may resolve the issue for future certifications.

Can components in third-party equipment be covered?

Yes—if equipment contains components from covered entities, it may be covered. Conduct supply chain due diligence with your vendors.

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