Chinese telecommunications companies are not subject to a controversial law mandating companies provide “assistance” to the communist regime’s spy agencies, a top Huawei executive said Monday.
“There are no laws in China that obligate us to work with the Chinese government with anything whatsoever,” John Suffolk, Huawei’s top cybersecurity official, told British lawmakers. “Our legal advice is that is not the case.”
Suffolk offered that analysis of the law to dispute U.S. claims that Huawei, a pioneer of next-generation wireless technology, could be compelled by Beijing to hand over data to China’s intelligence officials. Secretary of State Mike Pompeo cited Chinese law last month in London when warning the United Kingdom against partnering with Huawei, but Suffolk maintained that such fears are based on a misunderstanding.
“Many countries produce laws that are unclear and we have had to go through a period of clarification with the Chinese government that have come out and made it quite clear that [spying] is not the requirement on any company,” Suffolk said.
The controversial legislation states that “any organization or citizen shall support, assist, and cooperate with state intelligence work in accordance with the law, and maintain the secrecy of all knowledge of state intelligence work.”
Suffolk noted that the company’s analysis had been “validated” by a major London law firm, Clifford Chance. But U.S. officials maintain a simpler reading of the text.
“If you’re doing business in China or representing clients there, you will likely be a target,” William Evanina, a counterintelligence official at the Office of the Director of National Intelligence, said last week. “If you handle Committee on Foreign Investment in the U.S. (CFIUS) work related to China, you will be likely a target. If you handle clients in key tech sectors or handle mergers and acquisitions involving China, you will likely be a target.”
