The company has filed a motion for a summary judgment against the US government to overturn the recent trade ban.
Earlier this month, the Chinese giant was added to a list of companies that US firms cannot trade with unless they have a licence.
The company alleges that section 889 of the National Defense Authorization Act 2019 (NDAA) is unconstitutional. The Section enforces a ban on US federal agencies and their contractors from using Huawei equipment
In the complaint, Huawei argues that Section 889 singles out Huawei by name and not only bars US government agencies from buying Huawei equipment and services, but also bars them 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.
“No gun, no smoke”
“The US government has provided no evidence to show that Huawei is a security threat. There is no gun, no smoke. Only speculation,” said Song Liuping, Huawei’s Chief Legal Officer.
“This sets a dangerous precedent. Today it’s telecoms and Huawei. Tomorrow it could be your industry, your company, your consumers,” he commented.
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.”
The US claims the ban is related to concerns about security and state spying (which Huawei strongly denies) but Song claimed that the issue is politically motivated.
“Politicians in the US are using the strength of an entire nation to come after a private company,” Song said, adding: “This is not normal. Almost never seen in history.”
Aside from the legal issues, Huawei also argues that banning Huawei and “using cybersecurity as an excuse “will do nothing to make networks more secure.
He said the move provides a “false sense of security” but distracts attention from the real cybersecurity challenges faced by the whole telecoms industry.