With escalating legal clash, Huawei sues the US government over equipment ban

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Huawei, the Chinese smartphone maker is said to have filed a lawsuit against the US government as a "last resort" to get a federal ban on the use of its products that have been lifted.

Filed in the US District Court in Plano, Texas, the lawsuit challenges the constitutionality of Section 889 of the 2019 National Defence Authorization Act (NDAA) that was signed by President Donald Trump in August last year.

According to the complaint made, the legislation not only bars all US government agencies from buying Huawei equipment and services but has also gone and barred it from contracting or awarding grants or loans to third parties who buy Huawei services and equipment.

"The US Congress has repeatedly failed to produce any evidence to support its restrictions on Huawei products. We are compelled to take this legal action as a proper and last resort," Huawei Rotating Chairman Guo Ping said at a press conference here. 

"This ban not only is unlawful but also restricts Huawei from engaging in fair competition," Ping added. 

According to the lawsuit, the legislation violates the "separation-of-powers" principles enshrined in the US Constitution because "Congress is both making the law and attempting to adjudicate and execute it".

This is because the US has repeatedly raised fears on Huawei products for security risks due to alleged links to the Chinese government.

The lawsuit has been filed at a time when Huawei is being inspected in several countries over the security of its 5G network equipment. Even, Australia had banned Huawei from providing 5G technology last year.

"If this law is set aside, as it should be, Huawei can bring more advanced technologies to the United States and help it build the best 5G networks," Ping said, adding that Huawei was willing to address the US Government's security concerns. 

"Lifting the NDAA ban will give the US government the flexibility it needs to work with Huawei and solve real security issues," he added.

Thursday's announcement comes after a Canadian court on Wednesday ruled that Huawei Chief Financial Officer Meng Wanzhou's initial extradition hearing will take place on May 8.

Meng faces fraud charges in the US, where an indictment unveiled in January accused her of deceiving banks into approving transactions that may have violated unilateral US sanctions against Iran.

(With IANS inputs)