Section 889 - 2019 National Defense Authorization Act

The University of Maryland, as a Federal Contractor, may not purchase certain types of telecommunications and video surveillance equipment. This is known as Section 889, which is a part of the 2019 National Defense Authorization Act. It is designed to limit the government’s access to “covered” equipment or services manufactured or provided by certain companies/subsidiaries/affiliates with known ties to the People’s Republic of China. Section 889 was put in place to prevent cyber-attacks and efforts to obtain information and intellectual property by foreign adversaries.

Key elements of Section 889 are:

  • The federal government and its contractors (including UMD) are prohibited from procuring and/or using telecommunications equipment manufactured by Huawei Technologies, ZTE, Hangzhou Hikvision Digital Technology Company, Hytera Communications, Dahua Technology Company, or any of their affiliates and subsidiaries.

     
  • This prohibition applies to equipment with parts or software made by those prohibited manufacturers. For example, Panasonic and Bosch make cameras that they sell under their brand names, but that contain parts made by Hikvision, thus those Panasonic and Bosch cameras are considered prohibited telecommunications equipment. This prohibition applies to all use of prohibited equipment, not just use related to a federal grant or contract.

     
  • The UMD Division of Information Technology engaged in a detailed review of all UMD telecommunications equipment, including video cameras, and determined that as of December 16, 2020, UMD does not use prohibited telecommunications. 

     
  • In order for UMD to remain compliant with Section 889, UMD is prohibited from purchasing, otherwise acquiring, or using this prohibited equipment. If you are uncertain as to whether equipment is prohibited, please contact Procurement before making the purchase.

     
  • If you receive a certification related to Sec. 889, route it to the Office of Research Administration (ORA) for signature if it relates to a sponsored project, or route it for signature for all other matters.
    • For ORA, please route using Kuali Research.
    • For DIT, please route using Adobe Sign to Gerry Sneeringer VP & CIO, with a copy to  Jessica McCullough.

       
  • UMD's vendors must also certify compliance. P&BS has a Supplier Affidavit regarding Section 889 for vendors to sign.