Huawei sues the US government for the unconstitutional sales restrictions imposed by Congress on the company
Today, Huawei announced that it filed a lawsuit in U.S. Federal court, which challenged the constitutionality of article 889 of the law «on budget allocations for national defense» from 2019 (NDAA). The company wants to achieve declarative decisions on unconstitutional restrictions imposed on Huawei, as well as injunctive relief on these restrictions.
«The U.S. Congress has repeatedly refused to present any evidence to support these restrictions on products of Huawei. We have to go to court as a good and extreme measures, said Guo Ping (Guo Ping), the head of the Board of Directors of the company Huawei. – This prohibition is not only illegal, but also restricts the right Huawei to participate in fair competition, which ultimately harms consumers of the United States. We look forward to the court’s decision and believe it will benefit both Huawei and the American people».
The lawsuit was filed in U.S. district court in the city of PLANO, Texas. According to the statement of claim, article № 889 of the law «on budget allocations for national defense» from 2019 prohibits all U.S. government not only to purchase equipment and services company Huawei, but also enter into contracts to provide grants or loans to third parties who acquire equipment or services Huawei, without the possibility of consideration of any Executive or judicial process. This is a violation of the provisions of the law «About the loss of civil and property rights for high treason» and «due process». It also violates the principle of separation of powers established by the Constitution of the United States, because Congress defines the law, while at the same time trying to make the decision and administer justice.
Soon Lupin (Song Liuping), the chief legal officer of Huawei, said: «Article No. 889 based on numerous false, unverified and unconfirmed data. Contrary to the assumption, Huawei is not owned by, is not controlled by and is not under the influence of the Chinese government. Moreover, Huawei has an exceptional reputation and a security program. They have presented no evidence to the contrary».
«We are proud to be one of the most open and transparent companies in the world, said John Suffolk (John Suffolk), head of global information security services company Huawei. The Huawei approach to safety issues based on developing and deploying projects, sets high standards that can meet not many.»
According to Huawei, the restrictions of the NDAA does not allow the company to provide consumers USA more advanced 5G technology that will delay commercial deployment of 5G network and, in turn, will hinder the improvement of productivity of this technology in the country. In addition, the network users in rural and remote regions of the United States will be forced to choose between government funding and high-quality, efficient and cost-effective products. This will prevent the update process of the network and will contribute to digital inequality. The restrictions imposed on Huawei will crush the competition, which will lead to even worse consequences. As a result, American consumers will pay higher prices for lower-quality products.
According to estimates by industry sources, all Huawei the opportunity to compete in the market will reduce the cost of wireless infrastructure 15-40%. This will allow North America to save at least 20 billion U.S. dollars over the next four years.
Mr. Guo Ping said: «If this law is voided, as it should be, Huawei can provide US with more advanced technology and will help to create the best 5G network. Huawei is ready to resolve security concerns of the us government. The lifting of the ban according to the NDAA allows the US government to be more flexible, what you need to work with Huawei and resolution of the real issues of security.»