Huawei sues U.S. Government over unconstitutional ban of Huawei equipment

Dwayne Harmon
March 7, 2019

"We are compelled to take this legal action as a proper and last resort", the company's rotating chairman, Guo Ping, said at a news conference.

In a media conference in Shenzhen, China, the telco giant's rotating chairman Guo Ping said Huawei had filed a lawsuit against the USA government on the grounds that a ban on its equipment was "unconstitutional".

Huawei has announced it has filed a suit against the U.S. government as a result of restrictions placed on the use and purchase of Huawei products.

Huawei accuses the USA government of hacking its servers and stealing its emails and Huawei source code, as well as attempting to influence United States allies and other governments worldwide to enact similar bans against the Chinese company. Instead, the U.S. Government is using legislative overreach to interfere with the market.

"At Huawei we are proud that we are the most open, transparent, and scrutinized company in the world", said John Suffolk, Huaweis Global Cyber Security & Privacy Officer.

He cited "harmful organisms" that he did not identify further, and said China's government "needs to protect the health and safety of its own people".

The lawsuit is Huawei's latest attempt to fight back against USA warnings that the company could serve as a Trojan horse for China's intelligence services.

The announcement comes after Huawei's CFO Meng Wanzhou faced extradition proceedings in Vancouver, Canada on Wednesday.

The NDAA bans the US government from doing business with Huawei or compatriot peer ZTE Corp or from doing business with any company that has equipment from the two firms as a "substantial or essential component" of their system.

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In January, U.S. prosecutors filed charges accusing Huawei of stealing trade secrets and its chief financial officer of lying to banks about dealings with Iran.

Huawei has fired the latest salvo in its battle with the U.S., confirming it has brought a lawsuit against the United States government over a ban on its telecommunications equipment.

But Trump undercut that position by saying he would consider intervening in the case if it would help forge a trade deal with Beijing. It is unclear where the two Canadians are being detained in China, and at least one does not have access to legal representation, sources previously told Reuters.

Huawei has offered to work with the United States government to address security concerns, but it appears that these offers in the past have been ignored, implicitly for political reasons rather than any basis in fact.

"We continue to be a supplier of high-quality canola to China and will work with China to resolve this issue as quickly as possible", she said in a statement.

China detained former Canadian diplomat Michael Kovrig and businessman Michael Spavor in what observers see as retaliation just days after Canada arrested Meng.

Meng's arrest by Canadian authorities has given rise to increasing diplomatic tensions between Canada and China.

Shifting tone, Ren in mid-February said Meng's arrest was politically motivated and "not acceptable".

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