WASHINGTON – U.S. Sens. Mark R. Warner (D-VA), Vice Chairman of the Senate Select Committee on Intelligence, and Marco Rubio (R-FL), member of the Senate Select Committee on Intelligence, expressed deep concern that the Trump Administration may concede on important national security matters related to the development of fifth-generation wireless telecommunications technology (5G) in order to achieve a favorable outcome on trade negotiations. In a letter to the U.S. Department of State and the Office of the U.S. Trade Representative, the Senators underscored the threats posed by Chinese telecommunications equipment to network security, data privacy, and economic security across the globe, and emphasized the need to keep trade negotiations separate from any changes in policy concerning national security threats posed by Huawei.

“Allowing the use of Huawei equipment in U.S. telecommunications infrastructure is harmful to our national security,” the Senators wrote. “In no way should Huawei be used as a bargaining chip in trade negotiations. 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.”

Sens. Warner and Rubio reiterated their support for existing U.S. efforts to convey the long-term security risks posed by Chinese telecommunications firms to allies and partners abroad. However, the Senators expressed concern that this message is being undermined by President Trump, whose Administration reversed a seven-year ban on ZTE last year in defiance of a Commerce Department recommendation, and who in late May indicated that Huawei could be included in a future trade deal. In the letter, the Senators also emphasized that any modifications of Huawei’s Temporary General License must be pursued in a risk-based way, separate from trade negotiations, and without undermining national security.  

As a former telecommunications executive who introduced bipartisan legislation on 5G, Sen. Warner continues to be a leading voice on the national security risks posed by Chinese-controlled telecom companies. In December, Sens. Warner and Rubio urged Canadian Prime Minister Justin Trudeau to reconsider Huawei’s inclusion in Canada’s fifth-generation network. In January, Sens. Warner and Rubio teamed up to introduce legislation to combat tech-specific, national security threats posed by foreign actors like China, and establish a whole-of-government strategy to protect the U.S. from technology theft. Additionally, Sen. Warner led legislation with Sen. Wicker to provide $700 million for rural telecommunications providers in order to offset the costs of removing equipment from vendors that pose a security threat, such as Huawei.

The full text of the letter appears below. A copy of the letter is available here.

Dear Secretary Pompeo and Trade Representative Robert Lighthizer:

We are writing to express our deep concern that the Administration may concede on important national security matters related to Huawei Technologies, Inc. and the adoption of fifth-generation wireless telecommunications technology (5G) in order to achieve a favorable outcome in the Administration’s trade negotiations.

As Members of the Senate Select Committee on Intelligence (SSCI), we have strongly supported efforts by our diplomats, military, and intelligence personnel to persuade allies and partners around the world that Huawei and other Chinese telecommunications firms present a long-term legitimate security threat to their network security, data privacy, and economic security.  As you know, Chinese telecommunications equipment poses a threat that intelligence and military officials assess will only become more acute as energy infrastructure, transportation networks and other critical functions move to 5G networks and as millions more Internet of things (IoT) devices are connected.

Despite the best efforts of our government to convince other countries to keep Huawei components out of their 5G infrastructure, our message is being undermined by concerns that we are not sincere.  For example, Europeans have publicly expressed fears that the Administration will soften its position on Huawei in the United States to gain leverage in trade talks, as the Administration did in June 2018 when the seven-year ban on ZTE was reversed and a new settlement agreement reached at the urging of President Xi over the recommendation of Commerce Department leadership.  The President himself reinforced these fears in late May, stating:

“Huawei is something that’s very dangerous.  You look at what they’ve done from a security standpoint, from a military standpoint.  It’s very dangerous.  So it’s possible that Huawei even would be included in some kind of a trade deal.  If we made a deal, I could imagine Huawei being possibly included in some form of or some part of a trade deal.”

Allowing the use of Huawei equipment in U.S. telecommunications infrastructure is harmful to our national security.  In no way should Huawei be used as a bargaining chip in trade negotiations. 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 Huawei’s Temporary General License must be pursued in a risk-based way, separate from any trade negotiations, and consistent with national security considerations. Successfully identifying and mitigating these security risks requires sustained coordination and alignment with our international partners, particularly the Europeans who represent key parts of the 5G supply chain, and India, which is poised to be the single-largest telecommunications market. Conflating national security concerns with levers in trade negotiations undermines this effort, and endangers American security.

We appreciate your attention to this important matter of national security and request that you keep us apprised of your efforts.

Sincerely,

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