Prohibition on Certain Hardware, Software, and Services
What is the prohibition on certain hardware, software, and services?
Section 1634 of Division A of the National Defense Authorization Act (NDAA0 for Fiscal Year 2018 prohbits the U.S. government use of any hardware, software, or services developed or provided i part, by a covered entity.
The federal regulation prohibits:
- providing any Kaspersky Lab covered article to the U.S. governement
- using any Kaspersky Lab covered article in the development of data or deliverables
in the performace of a federal award
How have these prohibitions been implemented for federally funded awards?
The federal government has implemented these prohibitions through the Federal Aquistion Regulations (FAR) that are included in federally sponsored contracts and the U.S. Department of Commerce banned the sale and distribution of Kaspersky antivirus software, cybersecurity products and sevices in the U.S.
Federal Contracts
Federal contracts will include the following FAR Clause 52.204-23 Prohibition on Contracting for Hardware, Software, and Services
Developed or Provided by Kaspersky Lab Covered Entities
U.S. Department of Commerce ban (June 2024)
The Department of Commerce's Bureau of Industry and Security (BIS) announced a Final
Determination prohibiting Kaspersky Lab, Inc., the U.S. subsidiary of a Russia-based
anti-virus software and cybersecurity company, from directly or indirectly providing
anti-virus software and cybersecurity products or services in the United States or
to U.S. persons. The prohibition also applies to Kaspersky Lab, Inc.’s affiliates,
subsidiaries and parent companies (together with Kaspersky Lab, Inc., “Kaspersky”).
Read more - Commerce Department Prohibits Russian Kaspersky Software for U.S. Customers