30 May 2019

Africa: Huawei Mounts Legal Challenge Against U.S. Ban

Johannesburg — HUAWEI is challenging the constitutionality of some recent restrictions imposed on it by the United States.

In line with a court scheduling order, a hearing on the motion is set for September 19.

The technology firm on Wednesday filed a motion for summary judgment as part of the process to challenge Section 889 of the 2019 National Defense Authorization Act (2019 NDAA).

It also called on the US government to halt its state-sanctioned campaign against Huawei because it will not deliver cyber-security.

Song Liuping, Huawei's chief legal officer, said banning Huawei using cyber-security as an excuse "will do nothing to make networks more secure."

"They provide a false sense of security, and distract attention from the real challenges we face," said Liuping.

"Politicians in the US are using the strength of an entire nation to come after a private company," Song noted.

"This is not normal. Almost never seen in history."

In the complaint, Huawei argues that Section 889 of the 2019 NDAA singles out Huawei by name and not only bars U.S. 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--even if there is no impact or connection to the US government.

Song also addressed the addition of Huawei to the "Entity List" by the U.S. Commerce Department two weeks ago.

"This sets a dangerous precedent. Today it's telecoms and Huawei. Tomorrow it could be your industry, your company, your consumers," he said.

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