Huawei sues US government for ‘unconstitutional’ ban

Huawei’s rotating chairman Guo Ping speaks during a press conference in Shenzhen, China’s Guangdong province, on March 7 2019. Picture: AFP/WANG ZHAO

The lawsuit marks the latest confrontation between China and the US, which spent most of 2018 slapping import tariffs on billions of dollars worth of each other’s goods. The year ended with the arrest of Huawei’s CFO in Canada at the request of the US, to the consternation of China. While Huawei had very little share of the US market before the bill, it is the world’s biggest telecoms gear maker and is seeking to be at the forefront of a global roll-out of 5G mobile networks and services.

The privately owned firm has embarked on a PR and legal offensive as Washington lobbies allies to abandon Huawei when building 5G networks, centring on a 2017 Chinese law requiring companies to co-operate with national intelligence work. The lawsuit also alleges that Huawei has been denied due process and that Congress, by stripping Huawei of commercial opportunities, has violated the “separation of powers” portion of the US constitution by doing the work of the courts.Some legal experts, however, say Huawei’s lawsuit is likely to be dismissed because US courts are reluctant to second-guess national security determinations by other branches of government.

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