Huawei sues US government over ban on its equipment

Chinese technology giant Huawei on Thursday said it has filed a lawsuit against the US government as a “last resort” to get a federal ban on the use of its products lifted.

The lawsuit, filed in a US District Court in Plano, Texas, challenges the constitutionality of Section 889 of the 2019 National Defence Authorization Act (NDAA), which was signed by President Donald Trump in August last year.

According to the complaint, the legislation not only bars all US government agencies from buying Huawei equipment and services but also bars them from contracting with or awarding grants or loans to third parties who buy Huawei equipment or services.

“The US Congress has repeatedly failed to produce any evidence to support its restrictions on Huawei products. We are compelled to take this legal action as a proper and last resort,” Huawei Rotating Chairman Guo Ping said at a press conference here.

“This ban not only is unlawful but also restricts Huawei from engaging in fair competition,” Ping added.

According to the lawsuit, the legislation violates the “separation-of-powers” principles enshrined in the US Constitution because “Congress is both making the law and attempting to adjudicate and execute it”.

The US has repeatedly raised fears that Huawei products pose security risks due to its alleged links to the Chinese government – claims the company has always denied.

The lawsuit comes at a time when Huawei is facing scrutiny in several countries over the security of its 5G network equipment. Australia banned the company from providing technology for its 5G networks last year.

“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,” Ping said, adding that Huawei was willing to address the US Government’s security concerns.

“Lifting the NDAA ban will give the US government the flexibility it needs to work with Huawei and solve real security issues,” he added.

Thursday’s announcement comes after a Canadian court on Wednesday ruled that Huawei Chief Financial Officer Meng Wanzhou’s initial extradition hearing will take place on May 8.

Meng faces fraud charges in the US, where an indictment unveiled in January accused her of deceiving banks into approving transactions that may have violated unilateral US sanctions against Iran.