Huawei sues US government over 'unconstitutional' ban

Friday, 08 Mar, 2019

The case was submitted Wednesday in the Eastern District of Texas, under whose jurisdiction Huawei's USA headquarters falls. It also claims the measure would limit the company's ability to sell its products in the United States. The law included a provision that barred any government agency from buying Huawei gear directly or hiring contractors who used Huawei equipment.

Germany set tougher criteria on Thursday for vendors supplying telecoms network equipment, stopping short of singling out China's Huawei Technologies for special treatment and instead saying the same rules should apply to all vendors.

Huawei claims the US statute blocking Huawei equipment from developing 5G networks hinders competition and hurts the economy.

Long before Trump initiated the trade war, Huawei's activities were under scrutiny by us authorities, according to interviews with 10 people familiar with the Huawei probes and documents related to the investigations seen by Reuters. Its U.S. sales evaporated after a congressional panel in 2012 cited the company and a Chinese competitor, ZTE, as security risks and told phone carriers to avoid dealing with them.

He said that the section is punitive and in doing so is harming Huawei's reputation.

"I want competition with China, fair competition". Huawei has argued for years that it is not involved in Chinese spying.

The company also has launched a public relations campaign overseas.

It is "absolutely appropriate and reasonable" for companies to take legal actions to protect their legitimate rights, Chinese Foreign Ministry spokesman Lu Kang said Tuesday when asked for comments on Huawei suing the US authorities.

The prosecutions also may not interfere with trade negotiations, like when the European Union imposed billions of dollars of fines on Google or levied tax penalties on Apple Inc., Sykes said.

China has become addicted to western technology components, and Huawei can't afford to get cut off from USA suppliers, especially as it seeks to build the world's next generation of wireless modems, Capri said. The court statement came after a federal court in Seattle, Washington, announced charges against two of the company's businesses in January. Canada arrested the daughter of Huawei's founder at the request of the USA on December 1. Politicizing 5G will only cause damage to industry and businesses and inevitably inhibit US consumers from reaping the potential economic and social benifit of 5G. USA officials have asked Canada to send her to the United States for trial.

Richardson is working with the Canadian government to end China's block on its canola shipments but does not know how long the suspension will last, Ruest said. The outcome of this trial will have a significant impact on Huawei's business.

Huawei has about 40 percent of the global market for telecom equipment. This might become a landmark case when it comes to the way foreign companies are treated in the States under the premise of national security. "The U.S. Congress has simply acted as law-maker, prosecutor, and jury at the same time, contrary to the American Constitution".

"The US Congress has repeatedly failed to produce any evidence to support its restrictions on Huawei products". The U.S. accounts for 20 percent to 25 percent of the global market for computer and telecom technology.

It says the law causes the company "concrete and particularized injury, and imminent future injury" and subjects it to a "burden that is severe, permanent and inescapable" that amounts to the corporate "death penalty".

Huawei's chief legal officer Song Liuping described the lawsuit as a "purposeful and punitive" attack on Huawei, accusing Senator Marco Rubio of smearing the company as a "Trojan horse". Today, Huawei held a press conference at its Shenzhen headquarters to issue an important statement where it revealed that the company has made a decision to sue the U.S. government.

The privately owned firm embarked on a public relations and legal offensive as Washington lobbied allies to abandon Huawei when building 5G networks, centring on a 2017 Chinese law requiring companies to cooperate with national intelligence work.

Huawei is seeking a permanent injunction on the NDAA restrictions and a declaratory judgement that the restrictions are unconstitutional. It might also cause higher prices.

'Is it afraid that other countries may catch up to and overtake its use of advanced 5G technologies?' Guo asked. George Grow was the editor. Section 889 infringes upon our rights and harms US consumers.