Huawei files motion to declare 2019 National Defense Authorization Act as unconstitutional

Huawei has asked the U.S. District Court for the Eastern District of Texas, to declare the 2019 National Defense Authorization Act (NDAA) as unconstitutional. Clearly U.S. action on the company is having its intended effect.

According to a motion filed late on Tuesday, China’s Huawei Technologies Co Ltd has filed for summary judgment in its lawsuit against the U.S. government, in a development that marks the telecoms equipment maker’s latest attempt to fight sanctions from Washington that threatens to push it out of global markets.

Essentially Huawei has asked the U.S. District Court for the Eastern District of Texas, to declare the 2019 National Defense Authorization Act (NDAA) as unconstitutional.

This is an update to its lawsuit which it filed in March.

Provisions of the NDAA law which was passed by the U.S. Congress in the summer of 2018, places a broad ban on federal agencies and their contractors from sourcing equipment from Huawei on national security grounds given the company’s relation with the Chinese government.

Huawei has repeatedly denied it is controlled by the Chinese government, its military or its intelligence services.

On May 16, sanctions were placed on Huawei by the U.S. commerce department following its placement on an Entity’s List, which essentially bans companies from doing business with Huawei.

However, the United States has given Huawei a 90-day reprieve from the ban.

Huawei has denied that its products pose a security threat and has protested Washington’s attempts to limit its business.

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