Section 889 of the National Defense Authorization Act (Section 889)
What Is Section 889?
Section 889 of the National Defense Authorization Act ("Section 889") restricts federal government agencies from obtaining or using certain telecommunications and video surveillance equipment or services produced by the following companies: Huawei, ZTE, Hikvision, Hytera Hangzhou, Dahua, and their subsidiaries and affiliates. Section 889 has two parts. Part A prohibits federal agencies from procuring covered telecommunications equipment (CTE) through any contract or instrument. Part B prohibits federal government agencies from contracting with any entity that uses CTE as a substantial or essential component of any system.
How Section 889 Certifications Work on Amazon Business
There are three distinct levels of Section 889 certifications on the Amazon Business store, each serving its own purpose for government customers.
1. Certification for the Amazon Business store
Amazon.com Services LLC (the legal entity that operates the Amazon Business store) is a registered company in the federal government's System for Award Management (SAM). As part of our SAM registration, we certify that we will not provide any CTE in the performance of our contracts and we do not use any CTE as a component of any system. This certification applies only to Amazon's role as the operator of the store (i.e., the infrastructure and services we provide to run the marketplace). It does not apply to products sold on the store-whether sold by Amazon or by third-party sellers.
2. Certification for Products That are Shipped and Sold by Amazon
We offer a product-level Section 889 certification as the seller of record for products "Shipped and Sold by Amazon" on the Amazon Business Store as indicated in the Section 889 Guided Buying Policy. Products shipped and sold by Amazon that are not listed in the Section 889 Guided Buying Policy should not be assumed to be Section 889-compliant.
3. Certifications from Third Party Sellers
Third-party sellers who are compliant with Section 889 can enroll in our Third-Party Seller Section 889 Certification Program. If a third-party seller has certified compliance for their products, their product-level certification will appear under the seller's name on the product detail page. You can download the certification by clicking on the seller's name. Products without a Section 889 certification from the seller should not be assumed to be Section 889-compliant.
Using Guided Buying for Section 889 Compliance
We have Guided Buying policies that you can use to block or restrict products identified as CTE under Section 889. To use this feature, contact your Amazon Business administrator to configure Section 889 Guided Buying policies. Once enabled, products that lack a Section 889 certification can be blocked or flagged at checkout. Products without a Section 889 certification should not be assumed compliant with Section 889. Always verify certification status on the product detail page for third-party sellers or in the Section 889 Guided Policy for products "Shipped and Sold by Amazon".
How to Access our SAM Certifications
You can access the Amazon Business store Section 889 certifications on SAM. Visit www.sam.gov and search for Amazon.com Services LLC, the legal entity for Amazon Business. The Defense Pricing and Contracting Office (DPC) of the U.S. Department of Defense also has a request bot to assist with obtaining SAM certifications. You can send an email to DPC at osd.section889request@mail.mil with Amazon.com Services LLC's Unique Entity Identifier (TMKBFBRHFKH3) in the subject line. Avoid including any additional text in the subject line of an email to avoid error messages. You will then receive an email from DPC confirming that Amazon is registered in SAM along with responses to SAM certifications. This capability gives customers and users who wouldn't normally access the SAM a quick way to check SAM for certifications related to Section 889.
Other Sourcing Requirements
In addition to Section 889,federal government agencies are prohibited from using hardware, software, or services developed or produced by Kaspersky Lab under Section 1643 of the National Defense Authorization Act ("Section 1643"). Federal agencies are also prohibited from contracting for covered articles, products, or services from sources named in Federal Acquisition Supply Chain Security Act (FASCSA) orders.
Amazon uses technical solutions to assist government agencies with avoiding purchasing Kaspersky Lab products or covered articles or products or services produced by a named source under FASCSA orders. Certifications from sellers on Section 1643 and FASCSA Orders are not available on the Amazon Business store since SAM does not require them of government contractors. If you need to confirm a seller's compliance with these restrictions, select the "Ask a question" option on the product detail page to contact the seller directly.
Any certification provided by Amazon Business for FASCSA Orders or Section 1643 is limited to our capacity as the operator of the Amazon Business store. These certifications do not apply to the goods, software, or services offered for sale by Amazon or third-party sellers on the Amazon Business store.
