Huawei sues the United States government

Huawei sues the United States government

Huawei is suing Uncle Sam to overturn a ban on its communications hardware from U.S. federal government computer networks.

On the cusp of 5G, what we need is open and fair competition.

Huawei, China's first global tech brand, is at the centre of U.S. Politicizing 5G will only cause damage to industry and businesses and inevitably inhibit USA consumers from reaping the potential economic and social benifit of 5G.

Huawei said it had filed a complaint in a federal court in Texas challenging Section 889 of the National Defense Authorization Act (NDAA), signed into law by U.S. President Donald Trump in August, which bars federal agencies and their contractors from procuring its equipment and services.

Huawei is seeking a permanent injunction on the NDAA restrictions and a declaratory judgement that the restrictions are unconstitutional.

"The US Government is sparing no effort to smear the company and mislead the public", said Mr Guo in a news briefing at Huawei's headquarters in southern China.

"We shouldn't allow Huawei to operate in the USA", said Republican Florida Senator Marco Rubio, "They are a state-supported national champion, not only dominate the global telecommunications market in 5G but if compelled by the Chinese government, they will have to turn over data".

"This ban not only is unlawful, but also restricts Huawei from engaging in fair competition, ultimately harming United States consumers", Guo said. Huawei contends that the restrictions are unlawful, and that they will be fought in court.

Guo later said the United States wanted to thwart Huawei's rise as it "hampers U.S. efforts to spy on whomever it wants".

Chinese telecoms equipment maker Huawei Technologies Co Ltd on Thursday confirmed it is suing the USA government over a section of a defense bill passed into law a year ago that restricted its business in the United States.

Glen Nager, Huawei's lawyer, said the lawsuit has three distinct claims under the bill of attainder clause, the due process clause, and vesting clause.

Chief legal officer Song Liuping acknowledged, however, that Chinese laws may require Huawei to respond to government requests for assistance but said it would only do so in matters such as terrorism or criminal activity.

"[We are willing to] work with the U.S. president and his administration to find a solution where Huawei products are available to the American people and the national security of the United States is fully protected", Song said. "No contrary evidence has been offered", he said.

In the press conference, Guo defended the company's record on national security, reiterating that Huawei was a world leader in telecommunications, particularly in 5G.

It comes as the biggest global maker of network equipment fights a USA campaign to persuade allies to shun Huawei that threatens to block access to major markets as phone carriers prepare to invest billions of dollars in next-generation, 5G systems.

China receives about 40 per cent of Canada's canola exports, and the revocation of Richardson's permit hurts the entire chain of industries involved in the market, the Canola Council of Canada has said. This would save North America at least US$20 billion over the next four years.

"If this law is set aside, as it should be, Huawei can bring more advanced technologies to the United States and help it build the best 5G networks". Huawei is willing to address the U.S. Government's security concerns.

"Our federal government should consider a ban on the use of Huawei inverters in the United States and work with state and local regulators to raise awareness and mitigate potential threats", the Senators wrote.

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