Administrative Law

2 CFR 200.216: Prohibition on Certain Telecommunications

Learn about 2 CFR 200.216, a law prohibiting certain telecommunications and equipment in federal contracts, ensuring national security

Introduction to 2 CFR 200.216

The 2 CFR 200.216 law is a federal regulation that prohibits the use of certain telecommunications and video surveillance equipment in federal contracts. This law aims to protect national security by preventing the use of equipment from companies that pose a risk to the United States.

The regulation applies to all federal agencies and contractors, ensuring that they do not use prohibited equipment or services from companies such as Huawei, ZTE, and other Chinese telecommunications companies.

Prohibited Equipment and Services

The law specifically prohibits the use of equipment and services from companies that are deemed to be a national security risk. This includes telecommunications equipment, video surveillance equipment, and other related services.

The regulation also prohibits the use of equipment and services from companies that are owned or controlled by the Chinese government, or companies that have been deemed to be a national security risk by the US government.

Exceptions and Waivers

There are some exceptions and waivers to the 2 CFR 200.216 law, which allow for the use of prohibited equipment and services in certain circumstances. For example, if a federal agency or contractor can demonstrate that the use of prohibited equipment or services is necessary for national security or public interest.

Waivers can be granted by the head of the federal agency or the Director of National Intelligence, but these waivers are subject to strict conditions and must be approved by Congress.

Implementation and Compliance

The 2 CFR 200.216 law requires federal agencies and contractors to implement measures to ensure compliance with the regulation. This includes conducting risk assessments, implementing security controls, and monitoring for prohibited equipment and services.

Federal agencies and contractors must also report any instances of non-compliance to the relevant authorities, and take corrective action to mitigate any risks associated with the use of prohibited equipment and services.

Conclusion and Recommendations

The 2 CFR 200.216 law is an important regulation that aims to protect national security by prohibiting the use of certain telecommunications and video surveillance equipment in federal contracts. It is essential for federal agencies and contractors to understand the regulation and take steps to ensure compliance.

To ensure compliance, federal agencies and contractors should conduct regular risk assessments, implement security controls, and monitor for prohibited equipment and services. They should also seek guidance from relevant authorities and take corrective action to mitigate any risks associated with non-compliance.

Frequently Asked Questions

What is the purpose of 2 CFR 200.216?

The purpose of 2 CFR 200.216 is to protect national security by prohibiting the use of certain telecommunications and video surveillance equipment in federal contracts.

Which companies are prohibited under 2 CFR 200.216?

The regulation prohibits the use of equipment and services from companies such as Huawei, ZTE, and other Chinese telecommunications companies that pose a national security risk.

Are there any exceptions to the 2 CFR 200.216 law?

Yes, there are exceptions and waivers to the law, which allow for the use of prohibited equipment and services in certain circumstances, such as national security or public interest.

How do federal agencies and contractors ensure compliance with 2 CFR 200.216?

Federal agencies and contractors must conduct risk assessments, implement security controls, and monitor for prohibited equipment and services to ensure compliance with the regulation.

What happens if a federal agency or contractor is found to be non-compliant with 2 CFR 200.216?

If a federal agency or contractor is found to be non-compliant, they must take corrective action to mitigate any risks associated with the use of prohibited equipment and services, and report the incident to the relevant authorities.

Is 2 CFR 200.216 a federal law or regulation?

2 CFR 200.216 is a federal regulation that is part of the Federal Acquisition Regulation (FAR), which governs federal contracts and procurement.