Huawei lawyer says CFO a 'hostage' after US presses charges

Published Jan 29, 2019

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WASHINGTON/HONG KONG - Huawei's CFO

"should not be a hostage" in Sino-U.S. relations, her lawyer

said on Tuesday, after the United States announced criminal

charges against herself and the Chinese firm just days before

crunch trade talks with Beijing.

The Justice Department charged Huawei Technologies Co Ltd

and its chief financial officer with conspiring to

violate U.S. sanctions on Iran by doing business through a

subsidiary it tried to hide and that was reported on by Reuters

in 2012 and 2013.

In a separate case, the Justice Department charged the

telecommunications equipment maker with stealing robotic

technology from T-Mobile US Inc. Huawei has said the

companies settled their dispute in 2017.

CFO Meng Wanzhou, the daughter of Huawei's founder, was

arrested in Vancouver on Dec. 1, a move which was followed by

China arresting two Canadians on national security grounds. She

is scheduled in court on Tuesday to discuss her bail terms, and

is subject to a U.S. extradition request.

Her lawyer Reid Weingarten, partner at Steptoe & Johnson,

pointed to "complex" Sino-U.S. relations.

"Our client, Sabrina Meng, should not be a pawn or a hostage

in this relationship. Ms. Meng is an ethical and honorable

businesswoman who has never spent a second of her life plotting

to violate any U.S. law, including the Iranian sanctions."

Huawei said it had sought to discuss the charges with U.S.

authorities "but the request was rejected without explanation".

It said it "denies that it or its subsidiary or affiliate

have committed any of the asserted violations" and "is not aware

of any wrongdoing by Ms. Meng."

China's foreign ministry urged the United States drop the

arrest warrant and end "unreasonable suppression" of Chinese

companies. Spokesman Geng Shuang also said China had issued

stern representations to both Canada and the United States after

the U.S. formally issued its extradition request for Meng.

Canada's Justice Minister has 30 days from receipt of the

request to decide whether to grant authority to proceed. If

granted, Meng's case would be sent to the British Columbia

Supreme Court for a hearing, which could take weeks or months.

The development is likely to upset talks between Beijing and

Washington this week as part of negotiations intended to walk

back trade tensions between the globe's two largest economies.

U.S. President Donald Trump said in December he could

intervene in Meng's case if it would serve national security

interests or help close a trade deal with China.

U.S. Commerce Secretary Wilbur Ross said the charges are

"wholly separate" from the trade negotiations.

MARKET RESTRICTION

Huawei makes equipment including base stations, switches and

routers, as well as consumer products such as smartphones, and

derives nearly half of its total revenue outside China.

Its global reach has come under attack from the United

States, which is trying to prevent U.S. companies from buying

Huawei equipment and is pressing allies to do the same. U.S.

security experts are concerned the gear could be used by China's

government for espionage - a concern Huawei calls unfounded.

Australia and New Zealand followed the U.S. lead in

restricting market access over the past year. On Tuesday, TPG

Telecom Ltd canceled the Huawei-based mobile phone

network it was building, in the first commercial casualty of

Australia's move.

Huawei nevertheless said it is the world's leading provider

of 5G technology, winning 30 contracts globally - more than any

of its competitors - including 18 in Europe.

It is unclear how the U.S. charges would impact its

business. Last year, Chinese peer ZTE Corp

was prevented from buying essential components from U.S. firms

after pleading guilty to similar charges, crippling its

operations.

ZTE resumed normal business after paying up to $1.4 billion

in fines and replacing its entire board, on top of a near $900

million penalty paid in 2017.

BANKING RELATIONS

U.S. Acting Attorney General Matthew Whitaker said the

alleged criminal activity at Huawei "goes back at least 10 years

and goes all the way to the top of the company." The charges

against Meng and Huawei cite the Reuters stories that said

Huawei's Skycom unit sought to sell goods to Iran.

The indictment noted that denials from Huawei in the stories

were relied upon by financial institutions "in determining

whether to continue their banking relationships with Huawei and

its subsidiaries."

The indictment featured a meeting in August 2013 between

Meng and an executive from an unidentified bank. Sources told

Reuters the bank is HSBC Holdings PLC, which paid $1.92

billion in 2012 for violating U.S. anti-money-laundering and

sanctions laws.

During the meeting, Meng misrepresented Huawei operations in

Iran and ownership and control of Skycom, the indictment showed.

The Justice Department has confirmed that HSBC is not under

investigation in this case, HSBC said in a statement last month.

Also according to the indictment, in July 2007, the FBI

interviewed Huawei founder Ren Zhengfei and U.S. authorities

said he falsely told them Huawei did not violate U.S. export

laws.

The indictment concerning trade secret theft alleged that

Huawei had a formal policy instituting a bonus program to reward

employees who stole confidential information from competitors.

FBI Director Christopher Wray said the Huawei cases, filed

in New York and Washington state, "expose Huawei's brazen and

persistent actions to exploit American companies and financial

institutions, and to threaten the free and fair global

marketplace."

Reuters

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