The Zhong Lun Declaration on the Obligations of Huawei and Other Chinese Companies under Chinese Law

11 Pages Posted: 28 Mar 2019

See all articles by Donald C. Clarke

Donald C. Clarke

George Washington University Law School

Date Written: March 17, 2019

Abstract

This memorandum analyzes a declaration submitted to the Federal Communications Commission in May 2018 by two attorneys from the Zhong Lun law firm in China. The declaration supports Huawei's position that it cannot be compelled under Chinese law to tamper with telecommunications equipment it manufactures or sell to install backdoors, eavesdropping facilities, or other spyware. The memorandum finds the declaration to be incomplete, in that it does not address the key question of the extent to which the Chinese government is constrained by Chinese law. It also finds that the declaration makes some questionable assertions about Chinese law.

Keywords: Huawei, Chinese law, rule of law

JEL Classification: K10, K23, K40

Suggested Citation

Clarke, Donald C., The Zhong Lun Declaration on the Obligations of Huawei and Other Chinese Companies under Chinese Law (March 17, 2019). Available at SSRN: https://ssrn.com/abstract=3354211 or http://dx.doi.org/10.2139/ssrn.3354211

Donald C. Clarke (Contact Author)

George Washington University Law School ( email )

2000 H Street, N.W.
Washington, DC 20052
United States
202-994-2830 (Phone)
202-318-4479 (Fax)

HOME PAGE: http://docs.law.gwu.edu/facweb/dclarke/

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