NDAA Section 805 Inquiries

The Office of Industrial Base Policy manages the Department of War’s 1260H listing process, which involves researching and identifying Chinese military companies operating directly or indirectly in the United States and publicly listing them in the Federal Register. This process is mandated by its namesake Section 1260H of the William M. (Mac) Thornberry National Defense Authorization Act (NDAA) for Fiscal Year 2021 (Public Law No. 116-283), as amended.

While Section 1260H of the FY21 NDAA defines the list itself, Congress has also passed separate legislation with further prohibitions related to listed entities.

For example, Section 805 of the FY24 NDAA may affect those doing business with the Department of War:

Entity Prohibition or “Direct” Ban: Section 805 of the NDAA for FY 2024 requires prohibition on the Department's procurement from entities identified as Chinese military companies pursuant to Section 1260H. The prohibition also extends to entities under the control of 1260H-listed companies. It takes effect on June 30, 2026.

Goods and Services Prohibition or “Indirect” Ban: Beginning June 30, 2027, the ban expands to include entering into, renewing, or extending contracts for the procurement of goods or services incorporating goods and services produced or developed by entities on the 1260H list. The prohibition also extends to entities under the control of 1260H-listed companies.

If you have questions about how Section 805 may affect your business, email our team here. For any other correspondence related to the 1260H list, email our team at osd.pentagon.ousd-a-s.list.1260h-list@mail.mil. Please note this mailbox will not be monitored for media inquiries.

To request a waiver for your business that is in the national interest of the United States, please (1) complete the form available here and (2) provide the full set of required documentation to osd.805-waivers@mail.mil.

Complete Waiver Requests Include:

• Waiver request form
• Email Document Submission Package
  • Cover letter (.pdf) *Required
  • Compelling Justification Narrative & Market Analysis (.pdf) *Required
    Must address Mission Criticality, Programmatic Impact, and Lack of Mature Market
  • Detailed Entity Phase-Out Plan (.pdf) *Required
    Must include specific corporate actions, milestones, dedicated resources, and timelines
  • Supplemental Supporting Documentation (.pdf, .xlsx) (Optional)
    Any additional charts, technical specifications, or supplier data supporting the request