Huawei Prohibition Act of 2019

美国国会共和党参议员周四提出议案，旨在阻止华为技术有限公司(Huawei Technologies Co., 简称：华为)购买或出售美国专利。这是美国国会针对该中国电信巨头采取的最新行动。

据《华尔街日报》(The Wall Street Journal)看到的草案文本，由佛罗里达州共和党参议员鲁比奥(Marco Rubio)和得克萨斯州共和党参议员科宁(John Cornyn)提出的这项议案旨在让联邦政府能够阻止被列入政府贸易黑名单的公司购买、出售或独家授权美国专利。

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议案提议人称，该议案针对华为。华为正在积极寻求美国的专利使用费，美国商务部5月份以国家安全为由将其列入“实体清单”。这份黑名单禁止美国公司在没有获得许可的情况下向华为提供美国技术。

Washington, D.C. — U.S. Senator Marco Rubio (R-FL) joined Senators Mitt Romney (R-UT) and Susan Collins (R-ME) today to introduce the Huawei Prohibition Act of 2019, a bill to reinforce the Trump administration’s efforts to prevent the Chinese state-directed telecom company Huawei from threatening America’s national security and economic security. Specifically, the legislation would prohibit the removal of Huawei from the Commerce Department’s banned Entity List until after the Secretary of Commerce certifies that the company no longer poses a national security threat.

In a joint letter today, the Senators also urged the Chairman and Ranking Member of the Senate Armed Services Committee to include a similar provision in the final FY2020 National Defense Authorization Act (NDAA). The full text of their letter is available here.

“Adding Huawei to the Commerce Department’s banned Entity List was one of the most important moves by the Trump Administration in America’s long-term strategic competition with the totalitarian Chinese government and Communist Party,” Rubio said. “Congress must protect that action and this important legislation does just that. Huawei, a malign Chinese state-directed telecommunications company that seeks to dominate the future of 5G networks, is an instrument of national power used by the regime in Beijing to undermine U.S. companies and other international competitors, engage in espionage on foreign countries, and steal intellectual property and trade secrets.”

“We must make a concerted effort to confront the threat China poses to U.S. national security, intellectual property, and technology,” Romney said. “As Congress continues to take steps toward protecting our national security against the threat China poses, it is vital that Huawei does not have access to our critical telecommunications infrastructure. Our bill will prohibit U.S.-based companies from doing business with Huawei until they no longer pose a national security threat.”

“Products manufactured by Huawei Technologies pose a serious national security threat,” Collins said. “This bipartisan bill would continue to prevent Huawei Technologies from doing business with U.S. companies until Congress receives concrete assurances that it is no longer a threat to U.S. infrastructure or engaged in intellectual property theft.”

Background:

The Huawei Prohibition Act of 2019 ensures that the Secretary of Commerce may not remove Huawei Technologies from the Entity List maintained by the Bureau of Industry and Security until the Secretary certifies to Congress that:

Neither Huawei nor any senior officers of Huawei have engaged in actions in violations of sanctions imposed by the U.S. or the United Nations in the 5-year period preceding the certification;

Huawei has not engaged in theft of U.S. intellectual property in that 5-year period;

Huawei does not pose an ongoing threat to U.S. telecommunications systems or critical infrastructure; and

Huawei does not pose a threat to critical infrastructure of allies of the U.S.

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