US panel: China tech giants pose security threat

Oct 8, 2012  10:37 AM (ET)

By MATTHEW PENNINGTON
Associated Press

http://apnews.myway.com//article/20121008/DA1PEA5O0.html


WASHINGTON (AP) - American companies should avoid doing business with 
China's two leading technology firms because they pose a national 
security threat to the United States, the House Intelligence Committee 
is warning in a report to be issued Monday.

The panel says U.S. regulators should block mergers and acquisitions in 
this country by Huawei Technologies Ltd. and ZTE Corp, among the world's 
leading suppliers of telecommunications gear and mobile phones.

Reflecting U.S. concern over cyber-attacks traced to China, the report 
also recommends that U.S. government computer systems not include any 
components from the two firms because that could pose an espionage risk.

"China has the means, opportunity, and motive to use telecommunications 
companies for malicious purposes," the report says.

The recommendations are the result of a yearlong probe, including a 
congressional hearing last month in which senior Chinese executives of 
both companies testified, and denied posing a security threat.

A U.S. executive of one of the companies said the firm cooperated with 
investigators, and defended its business record. Huawei is a "globally 
trusted and respected company," said William Plummer, vice president for 
external affairs.

On Monday, ahead of the report's release, a Chinese foreign ministry 
spokesman said investment by China's telecommunications companies in the 
United States showed the countries have mutually beneficial relations.

"We hope the U.S. will do more to benefit the interests of the two 
countries, not the opposite," said spokesman Hong Lei at a regular briefing.

The bipartisan report is likely to become fodder for a presidential 
campaign in which the candidates have been competing in their readiness 
to clamp down on Chinese trade violations. Republican Mitt Romney, in 
particular, has made it a key point to get tougher on China by 
designating it a currency manipulator and fighting abuses such as 
intellectual property theft.

The committee made the draft available to reporters in advance of public 
release Monday, but only under the condition that they not publish 
stories until the broadcast Sunday of a CBS'"60 Minutes" report on 
Huawei. In the CBS report, the committee's chairman, Rep. Mike Rogers, 
R-Mich., urges American companies not to do business with Huawei.

The panel's recommendations will likely hamper Huawei and ZTE's 
ambitions to expand their business in America. Their products are used 
in scores of countries, including in the West. Both deny being 
influenced by China's communist government.

"The investigation concludes that the risks associated with Huawei's and 
ZTE's provision of equipment to U.S. critical infrastructure could 
undermine core U.S. national-security interests," the report says.

The report says the committee received information from industry experts 
and current and former Huawei employees suggesting that Huawei, in 
particular, may be violating U.S. laws. It says that the committee will 
refer the allegations to the U.S. government for further review and 
possible investigation. The report mentions allegations of immigration 
violations, bribery and corruption, and of a "pattern and practice" of 
Huawei using pirated software in its U.S. facilities.

Huawei is a private company founded by a former Chinese military 
engineer, and has grown rapidly to become the world's second largest 
supplier of telecommunications network gear, operating in more than 140 
countries. ZTE Corp is the world's fourth largest mobile phone 
manufacturer, with 90,000 employees worldwide. While their business in 
selling mobile devices has grown in the U.S., espionage fears have 
limited the companies from moving into network infrastructure.

The report says the companies failed to provide responsive answers about 
their relationships and support by the Chinese government, and detailed 
information about their operations in the U.S. It says Huawei, in 
particular, failed to provide thorough information, including on its 
corporate structure, history, financial arrangements and management.

"The committee finds that the companies failed to provide evidence that 
would satisfy any fair and full investigation. Although this alone does 
not prove wrongdoing, it factors into the committee's conclusions," it says.

In Washington, Huawei executive Plummer said Friday the company 
cooperated in good faith with the investigation, which he said had not 
been objective and amounted to a "political distraction" from 
cyber-security problems facing the entire industry.

All major telecommunications firms, including those in the West, develop 
and manufacture equipment in China and overlapping supply chains require 
industry-wide solutions, he added. Singling out China-based firms 
wouldn't help.

Plummer complained that the volume of information sought by the 
committee was unreasonable, and it had demanded some proprietary 
business information that "no responsible company" would provide.

In justifying its scrutiny of the Chinese companies, the committee 
contended that Chinese intelligence services, as well as private 
companies and other entities, often recruit those with direct access to 
corporate networks to steal trade secrets and other sensitive 
proprietary data.

It warned that malicious hardware or software implants in 
Chinese-manufactured telecommunications components and systems headed 
for U.S. customers could allow Beijing to shut down or degrade critical 
national security systems in a time of crisis or war.

The committee concluded that Huawei likely has substantially benefited 
from the support of the Chinese government.

Huawei denies being financed to undertake research and development for 
the Chinese military, but the committee says it has received internal 
Huawei documentation from former employees showing the company provides 
special network services to an entity alleged to be an elite 
cyber-warfare unit within the People's Liberation Army.

The intelligence committee recommended that the government's Committee 
on Foreign Investment in the United States, or CFIUS, bar mergers and 
acquisitions by both Huawei and ZTE. A multi-agency regulatory panel 
chaired by Treasury Secretary Timothy Geithner, CFIUS screens foreign 
investment proposals for potential national security threats.

Last year, Huawei had to unwind its purchase of a U.S. computer company, 
3Leaf Systems, after it failed to win CFIUS approval. However, Huawei 
employs 1,700 people in the U.S., and business is expanding. U.S. 
revenues rose to $1.3 billion in 2011, up from $765 million in 2010.

ZTE has also enjoyed growth in its sale of mobile devices, although in 
recent months it has faced allegations about banned sales of 
U.S.-sanctioned computer equipment to Iran. The FBI is probing reports 
that the company obstructed a U.S. Commerce Department investigation 
into the sales.

The intelligence panel says ZTE refused to provide any documents on its 
activities in Iran, but did provide a list of 19 individuals who serve 
on the Chinese Communist Party committee within the company. ZTE's 
citing of China's state secrecy laws for limiting information it could 
release only added to concern over Chinese government influence over its 
operations, the report says.

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