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Comment on Hikvision and other China cameras  
November 15, 2021
Comment on Hikvision and other China cameras from article on November 8, 2021
          Your comment does not make mention of the so-called "blacklist" clause of the 2019 NDAA and the person who contacted you should be aware of it.
          You said, "Now, to whom does the ban apply?  Government facilities and federally funded buildings or jobs.  State-funded jobs and buildings are not affected, unless federal funding is involved. It appears that presently there is no law that prohibits the importing or use of the banned equipment for non-federally funded jobs and buildings."
          There is indeed a law that prohibits the use of banned equipment for non-federally funded jobs and buildings; specifically it is the blacklist clause for contractors that use covered equipment. Does that make sense to you? 
          Below are some excerpts to help you better understand this area of the law:
          Here is the clause from the original law:
          " SEC. 889. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT.(a) Prohibition On Use Or Procurement.— (1) The head of an executive agency may not—(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 ."
          Here is the rule implementing the above law:
          “On or after August 13, 2020, agencies are prohibited from entering into a contract, or extending or renewing 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, unless an exception as paragraph (b) of this section applies or the covered telecommunications equipment or services are covered by a waver described in 4.2104.  This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance or work under a Federal contract.
John Honovich
Another comment
          Non-government,  yes, government, No.   This restriction was put in place by a President with foresight; President TRUMP. It started about three years ago. With all the federal installations we did we were/are required to install non-hikvision installations. This was required because the cameras are easily compromised.  To this day we are still installing cameras made in the US on all federal installations. About time somebody brought it home. 
          So while it’s not illegal to sell the cameras or for your customers to use the cameras, it will get them blacklisted by the Federal Government.  That may have significant concern to you and your customers, though arguably not all of your customers will be affected by this law and rule. 
          I received a call from an alarm dealer who explained that his customer was concerned about getting a government contract because Hikvision cameras are installed in the customer’s premises.  The alarm company was going to replace the cameras to address the concern.
          This scenario is likely to become more, not less, prevalent unless the current president decides to rescind the law and rule, with Congresses blessing, just because it was implemented by President Trump. 
          In the meantime, it’s not illegal to sell or use the Hikvision cameras and other blacklisted equipment, though it’s certainly an impediment to getting government work and contracts. 
          More interesting question may be, what is your responsibility to warn your customers who are contracting for cameras now, or who have cameras installed in their premises, some of whom may not even know what brand of camera.  Who covers cost of replacement if that’s direction your customer wants to go? 
          What policies have you implemented?

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