National Defense Authorization Act (NDAA)

Vicon Position Statement


Recently, the US government passed the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (NDAA).  This particular Act has many components affecting many different issues with regard to national security. Part of the focus of the act is to increase electronic and network security in order to protect federal government agencies from the growing risk of foreign cyber-attacks and information gathering.  Specifically, the Act now prohibits the purchase and use of certain electronic security products manufactured and supplied by specific companies based in China.

Click here to read the full Act

The sections listed below are found in Section 889 of the Act which specifically address this issue:

  • Sec. 889 f.3 – COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES.—The term “covered telecommunications equipment or services” means any of the following:
    • (A) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).
    • (B) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).
    • (C) Telecommunications or video surveillance services provided by such entities or using such equipment.
    • (D) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

As noted, this clause prohibits any federal government agency from purchasing and using security cameras and equipment manufactured and supplied by two specific security equipment suppliers based in China and any OEM partners selling their products under branded names.

  • Sec. 889 a.1 – 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—
      • (A) procure or obtain or extend or renew a contract to procure or obtain 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; or
      • (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.

These requirements become effective one year after the signing of the Act (August 13, 2019) and require that any products prohibited by the Act currently in use by a federal government agency be removed by this effective date.


Vicon Statement

The publishing of this Act has caused some confusion among the security industry since many companies sell these products under their own brand name and it becomes unclear who is and who is not offering compliant products.  Further, although some companies may offer some products that are complaint with the Act, they may also have a mixture of OEM products that include non-compliant options.

All Vicon products offered today and in the past are NDAA compliant.  At no time has Vicon engaged with the companies listed in the Act or had any business dealings with them.  Therefore, all Vicon cameras, encoders, recorders and hardware are compliant.

For additional information, please contact your Vicon representative who can offer more detailed insights and solutions to this situation.