• Huawei files motion for summary judgement
  • US has set “dangerous precedent”
  • Formal hearing announced 19 September

huawei credit B.Zhou shutterstock

Source: B.Zhou/Shutterstock

Huawei has pressed ahead with a lawsuit against the US government’s federal ban on equipment purchases, escalating its dispute with the Trump administration.

The Chinese telecoms vendor has filed a motion for summary judgment in a move to challenge the constitutionality of Section 889 of the 2019 National Defence Authorisation Act (2019 NDAA) against the US.

Huawei has also called on the US government to halt its state-sanctioned campaign against it claiming the blacklist will have a hugely damaging impact on the technology sector as a whole.

Huawei’s chief legal officer Song Liuping called out the US authorities labelling claims that it is a cybersecurity threat as an “excuse” to provide the public with a “false sense of security.”

He said: “Politicians in the US are using the strength of an entire nation to come after a private company. This is not normal, almost never seen in history.”

The formal complaint argued that Section 889 of the 2019 NDAA singles out Huawei by name and not only bars US government agencies from buying Huawei equipment and services.

Song added: “The judicial system is the last line of defence for justice. Huawei has confidence in the independence and integrity of the US judicial system. We hope that mistakes in the NDAA can be corrected by the court.”

Huawei also claims that the ban bars companies 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.

Two weeks ago, Song addressed the addition of Huawei to the US’s Entity List, which is a list published by the US Department of Commerce of certain foreign persons - including businesses, research institutions, governments and individuals - that are subject to licence requirements for the export, re-export and transfer of items in and out of the country.

He said: “This sets a dangerous precedent. Today it’s telecoms and Huawei. Tomorrow it could be your industry, your company, your consumers.”

Huawei has declared the case as “a matter of the law,” based on the lack of facts and violation to the Bill of Attainder, Due Process, and Vesting Clauses of the United States Constitution.

According to the firm’s formal statement, the company believes the US suppression of Huawei will not help make networks more secure.

The statement pointed to an optimistic outlook: “Huawei expects the US to take the right approach and adopt honest and effective measures to enhance cybersecurity for everyone, if the US government’s real goal is security.”

Song also addressed the addition of Huawei to the “Entity List” by the US 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.

A hearing for the motion is set for 19 September.