Huawei Technologies Co Ltd filed a complaint against the alleged unconstitutionality of a section of the Defense Act in a federal court in Texas. Through this action, Huawei hopes that the restrictions imposed by the US authorities will be declared unconstitutional.
The decision was communicated today by Guo Ping, president of Huawei, at a press conference in Shenzhen, China.
For the Chinese manufacturer of telecommunication equipment, the Section 889 of the National Defense Authorization Act of 2019 (NDAA) is unconstitutional. The alleged section, for which the President of the United States passed legislation last year, prohibits federal agencies and their contractors from obtaining equipment and services.
"This ban is not only illegal, it also restrains Huawei from engaging in fair competition, harming US consumers. We look forward to the verdict", said Guo Ping.
According to the complaint, the NDAA section, not only prevents all US government agencies from purchasing equipment and services from Huawei, but prohibits hiring, granting concessions or loans, to third parties who purchase Huawei equipment or services, without any legal process.
For Huawei, the law invoked violates the principles of the Separation of Powers, enshrined in the US Constitution, since the Congress is creating the law and at the same time executing it.
"Section 889 is based on false propositions (...). Contrary to the statute's premise, Huawei is not owned, controlled or influenced by the Chinese government", said Song Liuping, head of Huawei's law firm, in a meeting with reporters.
Huawei's global director of cyber security and privacy, John Suffolk, said Huawei is "proud to be the most open, transparent and judicious company in the world".
For Huawei, the NDAA's restrictions prevent the company from offering more advanced technologies to US consumers.
The president of the company concluded: "If this law is set aside, as it should be, Huawei can bring more advanced technologies to the United States and help to build better networks. Huawei is willing to address the security concerns of the US Government and lifting the ban will give the US executive the flexibility to work with Huawei and address security issues".