Huawei Files Lawsuit Against U.S. Government Over Equipment, Services Ban

Huawei Files Lawsuit Against U.S. Government Over Equipment, Services Ban

The ban was authorized by Section 889 of the 2019 National Defense Authorization Act [PDF], passed by last August Congress, which effectively bars United States government agencies and their contractors from purchasing or using telecommunications equipment built by Huawei or its Chinese rival ZTE.

The complaint, filed in Plano, Texas, the headquarters of Huawei's U.S. operations, cites the framers of the U.S. Constitution, including Alexander Hamilton and James Madison, in arguing that the law in question violates the constitutional separation of powers, denies due process and amounts to a "Bill of Attainder" that singles out a specific entity for adverse treatment.

Guo said the US government has failed to provide evidence on it being a security threat, and has convinced other countries to not use its products.

Relations between Ottawa and Beijing have been thrown into crisis by the December arrest of Meng Wanzhou - the chief financial officer of telecoms giant Huawei - at the request of Washington. Song Liuping, Huawei's chief legal officer, described the U.S. ban as based on "numerous false, unproven and untested propositions". Instead, the U.S. Government is using legislative overreach to interfere with the market.

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

Washington also tried to pressure other governments into banning the company's products.

"Huawei has not and will never implant 'backdoors, ' " said Guo, the chairman.

But the move comes amid heightened tensions between the two countries in a dispute over trade and telecoms technology that has ensnared the chief financial officer of the world's largest telecommunications equipment maker, Huawei Technologies Ltd, who faces US criminal charges.

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Meng - Ren's daughter - is accused by the United States of bank and wire fraud related to breaches of trade sanctions against Iran.

Legal experts and Canadian officials have previously said the comments could allow Meng's lawyers to contend her prosecution is politically motivated, an argument that would resonate in Canada where judges are particularly wary of abuse of the court system.

The latest import suspension was completely "reasonable and legal" and aimed at protecting the health and safety of Chinese citizens, said Lu.

Separately, Meng, who is fighting extradition, is suing Canada's government for procedural wrongs in her arrest.

"[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.

On Monday, the Chinese government accused the two men of acting together to steal state secrets.

Canadian citizens Michael Kovrig, a former diplomat and now an analyst with Brussels-based global conflict monitoring think-tank Crisis Group, and Michael Spavor, a businessman and consultant, were detained after Meng's arrest.

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