Huawei files lawsuit against USA government

Muriel Colon
March 7, 2019

Huawei has announced that it will be taking legal action against the United States for codifying a legal ban against the use of Huawei equipment on 5G networks in the US.

According to the complaint, Section 889 of the 2019 NDAA not only bars all U.S. Government agencies from buying Huawei equipment and services, but also bars them from contracting with or awarding grants or loans to third parties who buy Huawei equipment or services, without any executive or judicial process.

"[You need to] realize that companies like Huawei and ZTE are wholly subsidiaries of the Chinese communist party and therefore we have significant concerns about the extent to which they are able to infiltrate our domestic industry here", said Republican Congressman from Wisconsin Mike Gallagher.

That Huawei has not launched similar legal action in Australia could be for a number of reasons, but the most likely is the small size of our market; with a shade under 25 million residents, excluding Huawei from our carriers is unlikely to have anywhere near as significant impact on Huawei's global operations as the United States ban will have.

In November 2018, a federal appeals court rejected a similar lawsuit filed by Russian cybersecurity firm Kaspersky Lab, which was challenging a ban on the use of its software in USA government networks. She denies the charges, and her lawyers argued Tuesday that it will take time to develop her defense in part because of political issues and comments by U.S. President Donald Trump. Song Liuping said that "Huawei is not owned, controlled or influenced by the Chinese government".

"The U.S. government has long branded Huawei as a threat". Meng was arrested December 1 in Canada on an extradition request, but released on bail December 10 and put under house arrest. Australia and New Zealand have moved to restrict use of Huawei equipment while the United Kingdom and Germany are considering restrictions.

China US Huawei
Guo Ping speaks in front of other executives during a press conference in Shenzhen city

"The U.S. Government is sparing no effort to smear the company and mislead the public", said Guo in a news briefing at Huawei's headquarters in southern China. She stands accused of overseeing transactions that violate US sanctions on Iran.

The case had strained relations with China, which this week accused two arrested Canadians of stealing state secrets in a move widely seen as retribution for Meng's arrest.

Huawei is increasingly in the crosshairs of the US government and its allies, just as it's pushing for leadership in supplying fifth-generation wireless technology.

Huawei said it hopes the USA removes this section so it can work with the US and President Donald Trump.

The Chinese embassy statement has said that due to "obvious political interference", Canada should refuse the us extradition request and release Meng.

Days earlier, Canada authorised a hearing for an extradition request, quashing Chinese hopes of a rejection on grounds that Meng's arrest was politically motivated.

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