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US v. Huawei: superseding indictment announced and TGL renewed

On 13th February 2020, the U.S. Department of Justice (DOJ) announced a superseding indictment against Huawei Technologies Co. Ltd. (Huawei) and subsidiaries in federal court in Brooklyn, New York. The defendants include Huawei, Huawei Device Co. Ltd., Huawei Device USA Inc., Futurewei Technologies Inc., Skycom Tech Co. Ltd., and Huawei’s Chief Financial Officer Wanzhou Meng. The 16-count indictment from the DOJ includes charges of conspiracy to violate the Racketeer Influenced and Corrupt Organizations Act (RICO), conspiracy to steal trade secrets, and allegations about business involvement in countries subject to U.S., E.U., and/or U.N. sanctions, such as Iran and North Korea. Follow this link to read the superseding indictment.

Additionally on 13th February 2020, U.S. Department of Commerce’s Bureau of Industry and Security (BIS) announced it was extending a Temporary General License (TGL) for Huawei Technologies Co. Ltd. and its non-U.S. affiliates on the Entity List for an additional 45 days. The purpose of the extension is to allow existing telecommunication providers, especially those in the rural U.S, time to “shift to alternative sources of equipment, software and technology (i.e., those not produced by Huawei or one of its listed affiliates).” Follow this link to read the Final Rule that extends the TGL through 1st April 2020.

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