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Huawei asks court to rule US security law unconstitutional

TerrexLee

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SHENZHEN, China — Fighting to maintain its access to major markets for next-generation communications, Chinese tech giant Huawei is challenging the constitutionality of a 2018 U.S. law that bars it from selling telecoms equipment to U.S. government agencies and contractors.


In a motion filed late Tuesday in eastern Texas federal court, Huawei argues for summary judgment in the case in filed in March against the U.S. government. It says the law violates a constitutional prohibition against “trial by legislature” of individual entities.

Congress thus acted unconstitutionally when it “adjudicated Huawei’s guilt and blacklisted it,” the motion argues.

The motion comes as the U.S. and China are embroiled in a broader trade war in which both sides have imposed billions of dollars of punitive tariffs against each other’s products. Chinese state media suggested Wednesday that the country’s rich supply of rare earths — key elements for high-tech manufacturing — could be used as leverage against the U.S. in the dispute.

Huawei is the biggest global maker of network equipment and enjoys a lead in 5G, or fifth-generation, technology. It also is the No. 2 maker of smartphones. The Trump administration says the company can be legally compelled to spy on behalf of the Chinese government and is thus a threat to international cybersecurity.

“This decision threatens to harm our customers in over 170 countries, including more than 3 billion customers who use Huawei products and services around the world,” Huawei’s chief legal officer, Song Liuping, said at a news briefing Wednesday.

More at https://tinyurI.com/y2op5764
 

Hypocrite-The

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Funny that Ah Tiong companies can sue the USA gahmen in USA courts,,,but when Ah Tiong land discriminate against foreign companies,,,like google ( no youtube etc in ah tiong land), Facebook (banned in ah tiong land) All FDI must be JVs and include tech transfer (only exception is Tesla) and foreign companies are barred or have very limited access to ah tiong land market,,,these foreign companies seem to have less legal recourse in ah tiong land, as compared to ah tiong land companies in foreign countries
 

nightsafari

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Funny that Ah Tiong companies can sue the USA gahmen in USA courts,,,but when Ah Tiong land discriminate against foreign companies,,,like google ( no youtube etc in ah tiong land), Facebook (banned in ah tiong land) All FDI must be JVs and include tech transfer (only exception is Tesla) and foreign companies are barred or have very limited access to ah tiong land market,,,these foreign companies seem to have less legal recourse in ah tiong land, as compared to ah tiong land companies in foreign countries

that's why lots of people don't like Ah tiong land gahmen. even ah tiongs. rule of law arbitrary. more like rule of emperor.

and tesla got no tech to transfer. it's a BS company.
 

Hypocrite-The

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that's why lots of people don't like Ah tiong land gahmen. even ah tiongs. rule of law arbitrary. more like rule of emperor.

and tesla got no tech to transfer. it's a BS company.
From the postings here,,I see more Ah Tiong PLPs than PAP ones,,most ah tiongs love the commie gahmen
 

Hypocrite-The

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Indeed, especially the Christians and the Falungong folks. :wink:

why u say that? I thought the biggest Commie PLP are the fuckeins,,,just look at the Taiwanese and how they long for reunification under a commie gahmen? look at the postings from the resident drug addict etc,,,all are fuckeins,,,
 

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Huawei a key beneficiary of China subsidies that US wants ended
image: data:image/gif;base64,R0lGODlhAQABAAAAACH5BAEKAAEALAAAAAABAAEAAAICTAEAOw==
A European-style castle replica is part of Huawei's campus in Dongguan, Guangdong province. (Photo: AFP/WANG ZHAO)
30 May 2019 10:39AM (Updated: 30 May 2019 10:41AM)
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BEIJING: A replica of the Palace of Versailles, medieval turrets, and spires rise across Huawei's new campus in southern China, a monument to the telecom giant's growing fortune - and the benefits of state aid.
The fairytale-like facilities rest on land that was sold by the local government at cut-rate prices to woo and bolster a strategic, high-tech company like Huawei.

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It is the kind of government largesse that has fanned US frustrations at China's industrial policies - subsidies are a sticking point in protracted trade talks between the world's top two economies.
Huawei has become a major flashpoint in the trade war, with President Donald Trump taking steps to block the company's dealings with US companies, threatening its global ambitions.
With the dispute shining a spotlight on China's technological shortcomings, the subsidies are a window into the kind of measures Beijing may step up as trade negotiations founder.
READ: Commentary: Decouple from Chinese tech or reforms to China's economic model? The US can't have both

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Huawei's annual reports and public records show that it has received hundreds of millions of dollars in grants, heavily subsidised land to build facilities and apartments for loyal employees, bonuses to top engineers, and massive state loans to international customers to fund purchases of Huawei products.
"Below market price land sales, massive targeted R&D grants, and export financing on terms that are more favourable than what Huawei could get from the private sector collectively appear to provide significant subsidies that other countries could challenge at the WTO if they are harming domestic companies," said Claire Reade, a former assistant US trade representative.
Huawei founder Ren Zhengfei had denied that the company received subsidies in a BBC interview in February, but a Huawei spokeswoman later said Ren meant the firm did not receive any special government aid.
"Like other companies, Huawei receives research subsidies from governments in several jurisdictions," the spokeswoman told AFP.

Over the past 10 years, Huawei has received 11 billion yuan (US$1.6 billion) in grants, according to its annual reports.
More than half was given by China as "unconditional government grants" because of the firm's "contributions to the development of new high-technology" in China, according to Huawei's 2009 annual report.
Even some of Huawei's top engineers receive bonuses through government programmes: more than 100 of them received hundreds of thousands of dollars from the city of Shenzhen last year.

image: data:image/gif;base64,R0lGODlhAQABAAAAACH5BAEKAAEALAAAAAABAAEAAAICTAEAOw==
Huawei purchased land for its sprawling campus at Songshan Lake at prices well below market rates. (Photo: AFP/WANG ZHAO)

BARGAIN-RATE LAKESIDE LAND
Heavily subsidised land is often used by local governments in China to bring in companies.
Huawei's European-inspired campus was zoned for research by the Dongguan city government, and because of Huawei's status as a top Chinese company, it received the 127 hectares of land at about one-tenth the cost of nearby residential land.
The city also sold bargain-rate lakeside land to the firm to build upwards of 20,000 employee apartments around its campus in a series of engineered auctions producing a single bidder: a Huawei subsidiary.
Huawei contributed to Dongguan's economic development and pays taxes, said a company spokeswoman.
At the Huawei Lakeside Garden complex, Huawei employees who stick around for three years and meet other metrics will be able to purchase their apartments at about one-third of the price their neighbours pay.
Outside China, the country's state policy banks have provided financing to boost Huawei's sales to the developing world - at times leaving the state on the hook when risky loans go bad.
Huawei inked a US$10 billion credit line with the China Development Bank (CDB) in 2004 to provide low-cost financing to customers buying its telecom gear. It was tripled to US$30 billion in 2009.
China's demand for infrastructure, including communications and internet gear, is not as high as it used to be, said CDB President Zheng Zhijie, so "what can we do with the excess production capacity? We can only send it abroad".
"We may give you loans to buy Chinese equipment or materials, but there must be a Chinese element," Zheng told AFP of his bank's loans to help Chinese firms expand abroad.

image: https://www.channelnewsasia.com/ima...story-of-government-perks-1559183448432-6.jpg
huawei-s-history-of-government-perks-1559183448432-6.jpg
Charts showing government subsidies received by Huawei AFP/Laurence CHU

Brazilian telecom firm Telemar Norte Leste obtained a US$500 million CDB loan in 2009 with a two-year grace period on principal payments at a well-below-market interest rate to buy Huawei gear.
Since 2015 China has provided more funding each year to support its exports than the OECD's 36 member-nations combined, according to US Export-Import Bank data.
In late 2015, then struggling Oi S.A., Telemar's parent company, dispatched an executive team to China to seal a deal with the CDB for US$1.2 billion in even cheaper loans - half to buy Huawei gear, and half to refinance debt - with its original loan still on Oi's books.
Six months later Oi filed for Brazil's largest ever bankruptcy. The CDB was owed US$650 million, and under new terms will not see payments until 2023 at an even lower set interest rate.
Nevertheless, Oi is working with Huawei to prepare for 5G.
Similarly, Indian wireless provider Reliance Communications filed for bankruptcy this spring with the CDB and the Export-Import Bank of China among its largest lenders, while Huawei competitor Ericsson has been left battling for its debts in court.
"Most telecom companies are operating really well, one or two telecom companies because of some reason or another may encounter difficulties," Zheng said. "This is business risk for a bank."
Source: AFP/nc
Read more at https://www.channelnewsasia.com/news/business/huawei-us-china-trade-war-subsidies-11579124
 

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"Huawei is an instrument of the Chinese government," Pompeo said in an interview with Fox Business Network. "They're deeply connected. It's something that's hard for Americans to understand."

Glen Nager, a partner at law firm Jones Day and lead counsel for Huawei, told Reuters the US court had agreed on a schedule to hold hearings in September on motions by opposing sides.

Some legal experts said Huawei's lawsuit was likely to be dismissed because US courts are reluctant to second-guess national security determinations by other branches of government.

The lawsuit "will be an uphill battle because Congress has broad authority to protect us from perceived national security threats", said Franklin Turner, a government contracts lawyer at McCarter & English.


In November 2018, a federal appeals court rejected a similar lawsuit filed by Russian cybersecurity firm Kaspersky Lab, which was challenging a ban on the use of the company's software in US government networks.

"DANGEROUS PRECEDENT"

Earlier this month, the US Commerce Department put Huawei on a trade blacklist that bans companies from doing business with the Chinese firm, a move which immediately disrupted the global tech sector.

Huawei's chief legal officer, Song Liuping, on Wednesday said the company was reviewing ways to fight the US ban, which he said was affecting its more than 1,200 suppliers and threatened to affect its 3 billion customers in 170 countries.

READ: Huawei CEO says he would oppose Chinese retaliation against Apple: Bloomberg

Song said Washington's use of administrative orders and laws to punish a single company "sets a very dangerous precedent".

"Today it is telecom and Huawei, tomorrow it could be your company, your industry, your customers," he told reporters at Huawei's headquarters in Shenzhen.

The ban, along with separate accusations of bank fraud and corporate theft that the United States has made against Huawei and its chief financial officer, has exacerbated the trade war between Beijing and Washington.

Huawei, which has been given a 90-day reprieve from the ban, has denied its products pose a security threat and protested Washington's attempts to limit its business.

Vincent Pang, Huawei's senior vice president and head of corporate communications, said the executive order and blacklist had transcended the boundaries of normal market competition.

"This could lead to the start of the fragmentation of the global tech ecosystem and standards," Pang said on Wednesday at Huawei's headquarters.

Pang also said he did not expect the "political" situation to delay the introduction in China of fifth-generation (5G) network technology.

Source: Reuters/aa
Read more at https://www.channelnewsasia.com/new...nce-bill-as-sanctions-fight-ramps-up-11575152
 

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Huawei launches 5G lab in South Korea, but keeps event low-key after US ban
Huawei Technologies unveiled an open lab for next-generation 5G wireless network in South Korea on Thursday, but kept the launch low-key given its recent blacklisting by the United States, a key security ally of the Asian nation.
image: data:image/gif;base64,R0lGODlhAQABAAAAACH5BAEKAAEALAAAAAABAAEAAAICTAEAOw==
FILE PHOTO: A woman looks at her phone as she walks past a Huawei shop in Beijing, China May 16, 2019. REUTERS/Thomas Peter/File Photo
30 May 2019 11:35AM
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SEOUL: Huawei Technologies unveiled an open lab for next-generation 5G wireless network in South Korea on Thursday, but kept the launch low-key given its recent blacklisting by the United States, a key security ally of the Asian nation.
The Chinese tech giant, the world's top producer of telecoms equipment, said it planned to invest about US$5 million in the lab in the Junggu district of Seoul. It did not provide any more details on the location and did not invite media to the launch.

"Based on the philosophy of "In Korea and for Korea" and the strength of its own 5G network, Huawei will build a 5G ecosystem through cooperation with a number of South Korean ICT companies and especially small-and-medium enterprises," Huawei's Korea office said in a statement.

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The event was, however, overshadowed by the U.S. decision earlier this month to ban American tech and telecom firms from doing business with Huawei. Washington has also been urging its allies to bar the Chinese company from their 5G networks.
Huawei had initially considered inviting the press to the launch in South Korea, but after the U.S. ban it decided to keep the event low-key, a person with knowledge of the matter said.
"Huawei wanted to promote the launch to as many Korean small-and-medium enterprises as possible, but it decided to keep the press out after the ban to avoid any damage to its Korean partners in case they are shown in media," the person said, declining to be named due to the sensitivity of the matter.

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Huawei said the heads of South Korean enterprises attended the event, but did not disclose any names.
The move underlines Huawei's commitment to South Korea from where it purchases components such as chips and screens.
The U.S. campaign against Huawei, and the broader U.S.-China trade war, have landed export-driven South Korea in a familiar bind, caught between its crucial security ally and biggest trading partner.
The lab in South Korea is Huawei's first open 5G services development center in the world that will allow other companies to test their platforms, according to the company.

South Korea rolled out 5G services in April, hoping the next-generation wireless technology will spur breakthrough in fields such as autonomous cars.
Currently, Huawei provides its 5G network equipment for a small South Korean carrier LG Uplus. LG Uplus has said it does not plan to remove Huawei gear, but promised to step up security checks.
The two bigger carriers, SK Telecom and KT, do not use Huawei gear.
(Reporting by Ju-min Park; Editing by Himani Sarkar)
Source: Reuters
Read more at https://www.channelnewsasia.com/new...but-keeps-event-low-key-after-us-ban-11579346
 

Hypocrite-The

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The hypocrisy of the ah tiongs really know no bounds


China accuses US of 'naked economic terrorism'
image: data:image/gif;base64,R0lGODlhAQABAAAAACH5BAEKAAEALAAAAAABAAEAAAICTAEAOw==
China is digging in for a long and protracted trade war with the US AFP/TEH ENG KOON
30 May 2019 11:21AM (Updated: 30 May 2019 05:58PM)
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BEIJING: China accused the United States of "naked economic terrorism" on Thursday (May 30) as Beijing ramps up the rhetoric in their trade war.
The world's top two economies are at loggerheads as trade talks have apparently stalled, with President Donald Trump hiking tariffs on Chinese goods earlier this month and blacklisting telecom giant Huawei.

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"We are against the trade war, but we are not afraid of it," vice foreign minister Zhang Hanhui said at a press briefing to preview President Xi Jinping's trip to Russia next week.
"This premeditated instigation of a trade conflict is naked economic terrorism, economic chauvinism, and economic bullying," Zhang said.
"There is no winner in a trade war," he warned.
China has hit back with its own tariff increase while state media has suggested that Beijing could stop exports of rare earths to the United States, depriving Washington of a key material to make tech products.

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TV DEBATE
Meanwhile, state media and officials have stepped up the rhetoric as the Communist Party digs in for what could be a long fight with the United States.
An anchor for the English-language state broadcaster China Global Television Network (CGTN) even held a rare debate on Thursday with a presenter from Fox Business Network to discuss the trade war after jousting on social media.
The debate between CGTN's Liu Xin and Fox Business's Trish Regan was civil, with the American journalist saying "I appreciate you being here" and the Chinese anchor inviting her to come to China, adding "I'll take you around".

But China's propaganda apparatus has hardened the tone.
READ: Huawei asks US court to throw out federal ban
The party's mouthpiece, The People's Daily, warned in an editorial on Wednesday that rare earths could be used as a counter-measure, adding that the US shouldn't "say we didn't warn you".
China produces more than 95 per cent of the world's rare earths, and the United States relies on the Asian superpower for upwards of 80 per cent of its imports.
"It is unacceptable for any country to use rare earth products exported by China to curb and suppress China's development," commerce ministry spokesman Gao Feng said Thursday.
US Secretary of State Mike Pompeo, asked about the rare earths threat during an interview, said that Americans have already "lost and suffered for decades under the current rules" and that Trump's "singular focus is to push back" on China.
He renewed his attack on Huawei, saying there was a "deep connectivity" between the company and the Chinese state.
"If it's the case that the Chinese Communist Party wanted to get information from technology that was in the possession of Huawei, it is almost certainly the case that Huawei would provide that to them," he told the Fox Business Network.
Huawei has rejected the accusations and on Tuesday filed a motion for summary judgment in a US court, hoping it would swiftly win a lawsuit against US legislation that bars federal agencies from using the company's equipment.
"You have seen that for some time, the US government has tried very hard to fabricate various topics, misleading the public in the US or in other countries of the international community, in order to suppress Huawei," Chinese foreign ministry spokesman Lu Kang told reporters.
RUSSIA, CHINA GET CLOSER
While Washington and Beijing spar, Xi is preparing to meet with President Vladimir Putin from Jun 5 to Jun 7 as the neighbouring giants forge closer ties.
"This trade conflict will also have a serious negative impact on the development and revival of the global economy," Zhang said.
China and Russia have broad consensus and common interests on the trade war issue, and the two countries will "certainly" strengthen their economic cooperation, Zhang said.
"We will certainly respond to various external challenges, do what we have to do, develop our economies, and constantly improve the living standards of our two peoples," he said.
READ: Commentary: Why the US may call a truce in the trade war
Source: AFP/aa
Read more at https://www.channelnewsasia.com/news/asia/china-accuses-us-of-naked-economic-terrorism-11579282
 

nightsafari

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From the postings here,,I see more Ah Tiong PLPs than PAP ones,,most ah tiongs love the commie gahmen
There are tons of Ah Tiong PLPs here.

But I wonder if these PLPs truly love the commie gahmen or it's some deep-seated psychosocial deficit. Kind of like how white supremacists tend to be unhappy loners.

Sorry I just re-read your post. Most Ah Tiongs I've met are totally perplexed why some of us foreign born Chinese love Ah tiong gahmen so much. They don't see much choice for themselves so bo pian just put up with it is what they told me. Of course, I may be talking to a biased sample...
 

Hypocrite-The

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There are tons of Ah Tiong PLPs here.

But I wonder if these PLPs truly love the commie gahmen or it's some deep-seated psychosocial deficit. Kind of like how white supremacists tend to be unhappy loners.
I notice amoungst the singkie popn, the biggest ah tiong land commie plps are the fuckeins...think they have Stockholm syndrome...n they are the biggest pro mandarin speakers too
 

nightsafari

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I notice amoungst the singkie popn, the biggest ah tiong land commie plps are the fuckeins...think they have Stockholm syndrome...n they are the biggest pro mandarin speakers too
that is just plain silly. I detest the loss of our heritage dialects. I myself consider Mandarin another dialect. The Chinese language is made up of all the dialect groups. To call Mandarin THE language is just plain garbage propoganda.

The origins of Mandarin lie with the Mongols and that is why it spread from the North to the southwest. Where their horses carried an advantage in open warfare. In the mountainous Southeast, fuckien and cuntonese stayed intact 'cos mongolian horses got short legs and cannot climb mountains. :laugh:

AFAIK, none of my ancestors are Mongols so I consider Mandarin an outsider dialect. And as a fuckien myself, I'm ashamed of all these ah tiong PLPs "lying, slandering, traitor dogs". :roflmao:
 

nightsafari

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The hypocrisy of the ah tiongs really know no bounds


China accuses US of 'naked economic terrorism'

just read this post of yours. What they call naked economic terrorism, I call naked protecting your own hide from devious opportunists. I actually wonder why it took so long for the Western world to mount a defence against Chinese economic predatory opportunism.

If they dare call what the US did terrorism, they should call themselves economic assassins and guerrila hit and run artists.
 

borom

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This is why many people support USA-freedom, including to sue the US govt, whereas it will be unthinkable for a foreign corporation to sue the Chinese Govt in China.
Of course many ethnic Chinese support China blindly esp m&d Chinese thinking the CCP will come to their help .
Look at May 13-what did China do ?
 

tanwahtiu

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More legal works for the 100 lawyers: 4 engineers US....

See 100s of angmoh lawyers in US created shit trade war but soon more Chinese lawyers will take iver offer cheapest legal fees...

Angmoh become losers again...

SHENZHEN, China — Fighting to maintain its access to major markets for next-generation communications, Chinese tech giant Huawei is challenging the constitutionality of a 2018 U.S. law that bars it from selling telecoms equipment to U.S. government agencies and contractors.


In a motion filed late Tuesday in eastern Texas federal court, Huawei argues for summary judgment in the case in filed in March against the U.S. government. It says the law violates a constitutional prohibition against “trial by legislature” of individual entities.

Congress thus acted unconstitutionally when it “adjudicated Huawei’s guilt and blacklisted it,” the motion argues.

The motion comes as the U.S. and China are embroiled in a broader trade war in which both sides have imposed billions of dollars of punitive tariffs against each other’s products. Chinese state media suggested Wednesday that the country’s rich supply of rare earths — key elements for high-tech manufacturing — could be used as leverage against the U.S. in the dispute.

Huawei is the biggest global maker of network equipment and enjoys a lead in 5G, or fifth-generation, technology. It also is the No. 2 maker of smartphones. The Trump administration says the company can be legally compelled to spy on behalf of the Chinese government and is thus a threat to international cybersecurity.

“This decision threatens to harm our customers in over 170 countries, including more than 3 billion customers who use Huawei products and services around the world,” Huawei’s chief legal officer, Song Liuping, said at a news briefing Wednesday.

More at https://tinyurI.com/y2op5764
 

Hypocrite-The

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The Sydney Morning Herald

WORLDNORTH AMERICATECHNO-NATIONALISM
China to blacklist 'unreliable' companies, force them to choose sides
By Gerry Shih
June 1, 2019 — 3.36pm
Beijing: China announced on Friday that it would establish a blacklist of "unreliable" foreign companies and organisations, effectively forcing companies around the world to choose whether they would side with Beijing or Washington.

Huawei has been blacklisted by the US as the trade war with China escalates.
Huawei has been blacklisted by the US as the trade war with China escalates.

Photo: Bloomberg
Chinese state media reported that the new "unreliable entities list" would punish organisations and individuals that harm the interests of Chinese companies, without detailing which companies would be named in the list or what the punishments would include.

But the implications are far-reaching.

Chinese reports suggest that the Commerce Ministry will directly target foreign companies and groups that abandoned Huawei after the Trump administration levelled sanctions this month that prohibited firms from doing business with the Chinese technology giant.

To comply with the US executive order, a wide range of organisations have cut ties with Huawei in recent weeks.


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They include software providers such as Google, British chipmakers, and the publishing arm of the New York-based Institute of Electrical and Electronics Engineers, which said it would no longer allow Huawei scientists to peer-review journal publications.

At a time when Western corporations have cut back executive travel to China after Chinese authorities detained two Canadians on national security grounds in December, the new blacklist sent another shock wave through the business community.

"I think foreign and especially US firms now have to worry that China is creating a new 'legal pretext' to at least impose exit bans on foreign individuals who make this new list, if not worse," said Bill Bishop, editor of the Sinocism newsletter, referring to the Chinese practice of not allowing designated foreigners to leave China.

Every foreign executive that has had to cut off ties with Huawei to comply with US sanctions could now be targeted under the Chinese measure. "It puts them in a bind: Choose US law or Chinese regulations?" Bishop said.

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'Nobody really knows what is going to happen': Wall Street slides to three-month low on global growth fears
The spiralling tit-for-tat is reinforcing a sense in Washington and Beijing that the world's two largest economies are destined to unwind a system of mutual economic dependency built over the past three decades.


Trump's executive order this month abruptly deprived the Shenzhen company access to operating systems and cutting-edge semiconductors, prompting China to accelerate efforts to build homegrown alternatives to Google and Intel.

Aside from the new blacklist, China also recently escalated threats to cut the United States off from its supply of rare earths: 17 elements with exotic names such as cerium, yttrium and lanthanum that are found in magnets, alloys and fuel cells and are used to make advanced missiles, smartphones and jet engines.

Analysts say China's rare earths threat is highly credible because it could take years for the United States to ramp up production of its own rare earths - the domestic industry practically disappeared in the 1990s. Roughly 80 per cent of US imports come from China, according to the US Geological Survey.

As of 2018, the top three rare earths producers were China, at 120,000 metric tons; Australia, at 20,000 metric tons; and the United States, at 15,000 metric tons, USGS figures show.

The People's Daily, the Communist Party's official mouthpiece, carried a stark warning for the United States this week in an editorial about rare earths: "Don't say we didn't warn you."


That commentary surprised China experts because the People's Daily, which often signals official positions with subtly codified language, uses that phrase sparingly: It famously appeared before China launched border attacks against India in 1962 and Vietnam in 1979.

The Department of Defence is now seeking new federal funds to boost domestic producers of rare earths and wean the US off its dependence on China, Reuters reported Thursday.

Washington Post

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