On November 25, 2022 Federal Communications Commission published a document prohibiting the sale and use, in the United States, of Communication and video surveillance equipmentwhich could pose an unacceptable risk to national security.
Thus the sale and import of a series of products were banned, among which the video equipment produced by the two giants of the sector, which are also very popular in Italy, Hikvision Digital Technology and Dahua Technology, stand out in particular.
It would be quite natural that some Italian buyers or installers would be somewhat disturbed by this situation, believing that the sales ban, imposed in the United States, might also lead to doubts that these devices could be sold, even in Italy.
In fact, the situation is completely different.
In 2021, the Biden administration signed into law a law called Safe Equipment Act.
This law prohibited permission to issue licenses to build networks and import equipment from a number of manufacturers, mainly Chinese.
The law did not go into detail about what equipment and services could not be imported, and delegated the FCC the task of preparing the so-called “Covered list(attached).
In fact, the FCC does not prohibit the sale of these companies’ equipment, but it does prohibit their use in regulations that relate to public safety, the security of government settlements, control Critical infrastructure physics and other national security purposes.
If these companies can prove that their devices are not used in governmental contexts, but for example in private companies or even in private users, import and sale is permitted.
As it turns out, there is a big difference between preventing these components from being sold completely and preventing them from being sold only in certain applications.
Returning to the Italian context, even if there are no blocks of this kind, at least for the time being, it could be to take a precautionary stance Public Administrationespecially if he is responsible for managing critical infrastructure, such as ports, airports, and highways, railway stations and the like, which may exclude the supply of such components from the tender.
But in the opinion of the writer, the situation in Italy is completely different, because without an official position on the part of our government on this subject, the companies that offer this equipment in a public tender, and if they see it rejected, can easily. Appeal to the regional administrative court, as the refusal of these devices may be unlawful.
Indeed, it seems obvious that the situation which exists only in the United States cannot be applied in Italy; If there are indeed serious reasons, which have led the FCC to ban the average of these devices, in these specific design contexts, it is hoped that even in Italy there would be a desire to adopt a definite position on this issue as soon as possible.
Covered list (PDF format, 72 KB).
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