Published: Fri, March 08, 2019
Money | By Ethel Goodwin

Huawei challenging USA ban on products

Huawei challenging USA ban on products

He said the "bill of attainder" claim, or punishment without due process, would be hard to prove.

Huawei hopes that the court will find out that the restrictions on Huawei in the NDAA were unconstitutional and a permanent injunction prohibiting the implementation of the restriction will be issued.

"I guess Trump could order the Justice Dept to dismiss the indictment, but that would be unprecedented", Henning said.

A law enacted by Beijing that obliges Chinese companies to aid the government on national security has added to the concerns. The company has announced contracts with customers including the United Arab Emirates in the Middle East for network technology.

It comes as the biggest global maker of network gear fights a USA campaign to persuade allies to shun Huawei. -Chinese tensions over technology competition and cyberspying. "We are compelled to take this legal action as a proper and last resort", Huawei's rotating chairman Guo Ping said.

In the United Kingdom, for example, Ciaran Martin, the leader of the National Cyber Security Center, said that Huawei has been present in that country's telecommunications networks for over 15 years and is subject to strict security reviews, none of which have ever led to any suspicions.

Huawei's complaint comes just days after Canada said it will proceed with a US extradition request against Huawei's chief financial officer Sabrina Meng Wanzhou.

The United States has accused Meng - Ren's daughter - of bank and wire fraud related to breaches of trade sanctions against Iran. Canada approved extradition proceedings on March 1, but Meng has since sued Canada's government for procedural wrongs in her arrest.

"The US government is sparing no effort to smear the company", he said at a news conference at Huawei's corporate headquarters in Shenzhen, China.

The US has yet to present anything close to a "smoking gun" with respect to Huawei as a national security threat and has largely relied on a general suspicion of dodginess to justify its actions. We have also invested substantially in the American telecommunications industry, including by establishing partnerships with hundreds of USA companies.

Huawei is claiming the ban is unlawful, adding, the US has failed to provide evidence that laws were broken.

The ban is "based on numerous false, unproven and untested" accusations, the company's chief legal officer, Song Liuping, told reporters. This will work in Huawei's favor, as the government doesn't have any hard evidence to support its claims that the firm is a security threat. "No contrary evidence has been offered".

He stressed that Huawei equipment was not being used in sensitive parts of the 5G network, which Vodafone plans to start rolling out later this year.

Guo added that the company was seeking unspecified damages.

Long before Trump initiated a trade war with China, Huawei's activities were under scrutiny by USA authorities, according to interviews with 10 people familiar with the Huawei probes and documents related to the investigations seen by Reuters. He said that any alleged security risks could easily be managed.

European governments are balking at USA pressure to ban Huawei.

Huawei's top competitors are Sweden's Ericsson and Finland's Nokia Corp.

Founded in 1987 by a former military engineer, Huawei overtook Ericsson in 2017 as the biggest global supplier of network gear.

Industry experts say banning Huawei from markets for 5G equipment could reduce competition.

Huawei has aggressively fought USA claims it can't be trusted by business or government, allegations at the core of two indictments.

So, for Meng, too, the most likely positive outcome would be for a relatively lenient plea deal, given that under federal law, the charges she faces in Brooklyn carry as much as 30 years in prison. The communist state this week also accused two arrested Canadians of stealing state secrets in a move widely seen as retribution for Meng's arrest. Meng and other Huawei executives also began to avoid travel to the United States, prosecutors say. "It has never asked and will not ask Chinese companies to do anything against foreign laws and regulations". Both Meng and her company have denied any wrongdoing. It has set up testing centres in Britain, Canada and continental Europe to allow governments to examine its technology.

He noted Trump has said he is against the ban of Huawei products.

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