Don't Use Huawei Restrictions as Trade 'Bargaining Chip,' Warner, Rubio Urge Administration

Senate Intelligence Committee Vice Chairman Mark Warner, D-Va., and Sen. Marco Rubio, R-Fla., urged President Donald Trump's administration Thursday not to use U.S. restrictions on Huawei as a “bargaining chip in trade negotiations” with China. Trump's May executive order bars some foreign companies' technology from U.S. networks and the Commerce Department's Bureau of Industry and Security filed a notice adding Huawei and affiliates to a list of entities subject to export administration regulations (see 1905160081). BIS issued a general license temporarily allowing certain transactions by Huawei and the affected affiliates through Aug. 19 (see 1905210013). Trump later said sanctions against Huawei could be part of trade negotiations with China (see 1905240038). OMB acting Director Russel Vought later requested a two-year delay in implementing government contracting and procurement-related restrictions on Huawei included in the FY 2019 National Defense Authorization Act (see 1808130064). “Europeans have publicly expressed fears that the Administration will soften its position on Huawei,” especially given Trump's instigation of a settlement that lifted the Commerce Department ban on U.S. companies selling telecom software and equipment to Chinese firm ZTE (see 1807130048), Rubio and Warner wrote Secretary of State Mike Pompeo and U.S. Trade Representative Robert Lighthizer. “Instead, the U.S. should redouble our efforts to present our allies with compelling data on why the long-term network security and maintenance costs on Chinese telecommunications equipment offset any short-term cost savings.” Any modifications to BIS' temporary general license for Huawei “must be pursued in a risk-based way, separate from any trade negotiations, and consistent with national security considerations,” the senators said. “Conflating national security considerations with levers in trade negotiations undermines” U.S. work with Europe, India and other “international partners.” The House Armed Services Committee, meanwhile, Thursday advanced its version of the FY 2020 NDAA with language directing the defense secretary to conduct a comprehensive assessment of DOD policies on telecom and video surveillance services and equipment from foreign contractors and subcontractors, including identifying ways to mitigate threats via the debarment and suspension process. The bill would direct the defense secretary to implement a strategy for 5G technologies. It recommends giving DOD $175 million to ensure effective Joint Force operations in 5G spectrum.