Académique Documents
Professionnel Documents
Culture Documents
Misconduct
SECTION I: Corruption and Bribery
Algeria
Source No. 6, 7
• According to IT News (Australia) and Information Age, ZTE employees delivered $10
million in bribes to a former executive of Algeria Telecom between 2003 and 2006.
• Money was found to have been funneled through off-shore companies in Luxembourg and
through the British Virgin Islands.
• ZTE was banned for two years from tendering for public telecom contracts in Algeria and
was fined 3 million Algerian dinar.
• According to reports, this was the first time Algeria banned a company from public tenders.
Ethiopia
Source No. 22, 23
• In 2006, according to the Wall Street Journal and Ethiopian news website ZeHabesha.com,
the Ethiopian government entered into an agreement with ZTE in which the company would
develop the country's mobile telecom capabilities.
• The agreement included $1.5 billion in low-interest financing funded by Chinese state-run
banks.
• A total price for the project was not agreed upon in the terms of the contract. ZTE’s prices for
the build-out of the network were as much as double its regular rate.
• A World Bank investigation found that Ethiopia ignored its procurement rules on competitive
bidding in awarding the contract to ZTE.
• The quality of service and network functionality is limited. Networks in Addis Ababa (capital
city) are overburdened and sometimes inaccessible during the day. End users report having to
walk miles to get a signal, that calls are often dropped and that the signal is not strong enough
to penetrate brick or stone walls so end users have to go outside to place phone calls.
Ghana
Source No. 17
• According to a report from GhanaWeb, an initial loan agreement between Ghana and ZTE
Corporation for a $129.9 million security information system was rejected by parliament on
the basis that it had minor errors and that the company's character was in question.
1
SECTION I: Corruption and Bribery
• The errors were corrected, and shortly after, the same agreement was approved. In between
the two votes, ZTE gifted each of the 275 MPs a ZTE branded mobile phone.
Kenya
Source No. 1, 23
• According to the Wall Street Journal, a bid for a national police communication system was
canceled after ZTE offered its equipment at double the market rate.
• Anti-corruption activists argue that Kenya violated its constitution by allowing only Chinese
firms to bid.
• "It does not require rocket science in vice of the evidence before the Board to establish that
[ZTE's] financial proposal was highly exaggerated" –Review Board.
• There is an ongoing investigation into the August 2011 award of a contract for the
development of Kenya's digital television signal distribution network to the Pan African
Network Group of China. The investigation is based on allegations of corruption and anti-
competitive practices in the tender process.
Liberia
Source No. 1
Mongolia
Source No. 18, 19
• According to ZDNet and The Standard (Hong Kong), government anti-bribery officials
raided ZTE offices and local managers' homes.
• Senior managers were detained for alleged bribery involving a digital education project.
2
SECTION I: Corruption and Bribery
Nigeria
Source No. 1, 16
• According to The Herald (Nigeria), in 2009, the Nigerian government signed a $430 million
contract with ZTE to provide CCTV in Abuja and Lagos, respectively the country's capital
city and economic center.
• Nigeria made a down payment of $70.5 million (15%) and the $399.5 million balance was
loaned to the government by China's Eximbank, with 3% interest.
• Allegations were made, according to TRACE International, that ZTE did not comply with
Nigeria’s due process guidelines for government contracts and that ZTE maintained a close
relationship with certain government officials.
• A ZTE factory, purportedly built to manufacture consumer telecommunications products,
was, according to TRACE, alleged to have opened for sham purposes, with workers being
paid for two days of work and then dismissed with just a single worker remaining at the
facility afterwards.
Norway
Source No. 24, 25
Philippines
Source No. 2, 3, 4
• According to the Washington Post, ZTE has been accused of bribing former-President
Arroyo, her husband, and two other former senior officials by providing her with gifts and
favors at various lunches and golf matches as well as promising kick-back payments worth
tens of millions of dollars
3
SECTION I: Corruption and Bribery
• The alleged bribery coincided with government agencies' review of a ZTE proposal.
• Arroyo signed a $329 million construction contract to use ZTE's services to improve the
country's government communications capabilities, of which an estimated $200 million -
$230 million was due to the overpricing of equipment and services.
• The contract was signed on April 20, 2007 in China. On October 2, 2007, Arroyo cancelled
the project due to "irregularities"
Zambia
Source No. 11
• According to Zambia Reports, the Ministry of Home Affairs signed a $210 million contract
with ZTE to provide CCTV services.
• The parties were engaged in a direct contract, which was executed without going through
government mandated public tender procedures.
• ZTE was accused of offering kick-backs to government officials.
• The initial contract for CCTV, signed in January 2013, was for $13 million. Two weeks later,
ZTE priced the second phase at $210 million.
• The project remains incomplete. Two years after the agreed finish date, a fraction of the
cameras have been installed and few of these cameras are functional.
• The government is currently investigating the contract and the conditions under which is was
agreed.
4
SECTION II: International Espionage and Spying Activity
United States
Source No. 4, 12, 13, 15, 26
• A report released by the U.S. House Intelligence Committee on October 8, 2012 concluded
that ZTE poses security risks to the U.S. because its equipment could be used for spying on
Americans. The report was released after an 11-month investigation.
• According to the investigation, the Chinese government provides subsidized loans to ZTE,
giving the Chinese state considerable influence over the company. This, the committee
argued, poses a security threat to the United States, especially considering China's history
with cyber espionage.
• The committee recommended that the U.S. block mergers or acquisitions involving the ZTE,
avoid using ZTE equipment, and that American companies strongly reconsider doing
business with ZTE.
• ZTE was accused of not cooperating with Congress in its investigation.
• According to Reuters, ZTE's Score model handset, which is sold in the U.S, contained a
"backdoor", which is a vulnerability enabling third parties to control a device remotely.
SECTION III: Illegal Trade
• According to Reuters and The Washington Post, The U.S. Commerce Department began
investigating ZTE in March 2012, when it served an administrative subpoena on Dallas-
based ZTE U.S.A.
• The Commerce Department investigated allegations that ZTE sold American computer
equipment to Iran's largest telecom firm for $130.6 million. U.S. federal law bans the sale,
export or re-export of goods, technology or services to Iran.
• The equipment includes a powerful surveillance system capable of monitoring landline,
mobile and internet communications.
• The equipment originally belonged to U.S companies including, Microsoft, Oracle, HP, Dell,
Cisco, Symantec, and Juniper.
• According to an FBI affidavit, ZTE discussed the option of covering up the sale and
obstructing the investigation, by shredding documents and altering packing lists.
• ZTE eventually refused to comply with the subpoena and was backed by the Chinese
government, which claimed that compliance would violate Chinese law.
SECTION IV: EU Sanctions
European Union
Source No. 6, 20, 21
• According to The Telegraph, ZTE received illegal government subsidies, which has led to the
EU threatening to take action against the company for unfair trade practices.
• ZTE has been able to undercut competitive bids from long-time European telecom companies
like Nokia and Alcatel Lucent due to lower costs caused by government subsidies.
• These subsidies include massive credit lines from state owned banks.
• European industries ranging from healthcare to water utilities are becoming reliant on
cheaper Chinese wireless technology.
SECTION V: Tax Fraud
Pakistan
Source No. 30
• According to Flare (Pakistan), in 2012, ZTE entered into a contract with Pakistan
Telecommunications Company Limited to import and install components for telephone
exchanges.
• Instead, however, according to the article, ZTE imported and installed the entire exchanges,
not just the components, despite reporting the importation of only the components to
Pakistan’s Federal Board of Revenue.
• The Pakistani Customs Office placed an import ban on ZTE pending the resolution of
litigation on the alleged tax evasion.
United States
Source No. 29
Ethiopia
See Page 1
Nepal
Source No. 31
• According to the Himalayan Times (Nepal), ZTE entered into a contract to provide CDMA
equipment to Nepal Telecom.
• Due to faulty equipment provided by ZTE, Nepal Telecom customers suffered issues with
quality of service and connectivity.
Nigeria
Source No. 1
• TRACE International alleges that ZTE used substandard materials to fulfill its contract with
Nigeria’s National Communication Security System.
EXHIBIT A: Sourced Articles & Webpages
1. TRACE compendium - ZTE Corporation
5. Oneindia - ZTE denies CBI charges on procuring visa through forged letter
8. Reuters - FBI probes China's ZTE over Iran tech deals: report
10. The Washington Post - Chinese telecom firm ZTE probed for alleged sale of U.S. surveillance
equipment to Iran
11. Zambia Reports - Corruption Concerns over ZTE's No-Bid Contract in Lusaka
13. Reuters - U.S lawmakers seek to block China ZTE U.S inroads
16. The Herald - Lagos, Abuja CCTV Scam and the ZTE Connection
21. Telegraph - EC ready to hit Chinese companies with sanctions over illegal subsidies
22. Zehabesha - Ethiopian inquiry points to illegal imports, possible corruption in deal
24. ABS CBN News - Norway's telco giant bans ZTE for 6 months
26. BMI - Which way? To ban or not to ban - the reasons why
EXHIBIT A: Sourced Articles & Webpages
27. House Intelligence Committee Investigative Report on the U.S. National Security Issues Posed by
29. Chinese Company, Subject of Congressional Scrutiny, Accused of Introducing Fatally Flawed
ENTITIES/INDIVIDUALS$INVOLVED
Zhongxing(Telecommunica2ons(Equipment(("ZTE")
ZTE(Corpora2on(("ZTE,"(the(fi>h(largest(telecom(equipment(maker(worldwide)
ZTE(Algérie
Huawei(Technologies(Co.,(Ltd.((a(private(company(wholly(owned(by(its(employees,(and(the(second3largest(maker(of
telecom(equipment(worldwide)
Huawei(Enterprises
Algérie(Télécom((the(state3owned(telecommunica2ons(company(of(Algeria)
Mohamed(Boukhari((former(CEO(of(Algérie(Télécom)
El(Hachemi(Belhamdi((CEO(of(Algérie(Télécom(from(August(2011(to(March(2012)
Mejdoub(Chani((also(Chami(Majdjoub,(an(Algerian3Luxembourg(businessman)
ZTE(USA
Chen(Zhibao((former(ZTE(employee(in(Algeria,(convicted(in(absen2a)
Dong(Tao((former(ZTE(employee(in(Algeria,(convicted(in(absen2a)
DESCRIPTION$OF$BUSINESS
Telecommunica2ons(hardware
CORPORATE$HEADQUARTERS
Shenzhen,(Guangdong,(China
NATIONALITY$OF$FOREIGN$OFFICIALS
Kenya
Uganda
Liberia
Zambia
Algeria
Nigeria
SUMMARY$OF$ALLEGATIONS
ZTE(is(under(increasing(pressure(following(years(of(allega2ons(of(large3scale(bribery(in(several(African(countries,(where
the(governments(are(figh2ng(back.(
Algeria
EXHIBIT B: Sourced Articles and Webpages Accessed Page 1
Source No. 1 January 30, 2014 at 2:33 PM EST
ZTE(established(an(office(in(Algeria(in(2002,(three(years(a>er(another(Chinese(company,(Huawei.(As(a(result(of(an
inves2ga2on(in(Luxembourg(into(corrup2on(in(connec2on(with(the(construc2on(of(a(highway(in(Algeria,(it(was
discovered(that(Mr.(Chani,(an(Algerian(businessman,(had(opened(offshore(bank(accounts(which(were(used(by(Huawei
and(ZTE(to(make(corrupt(payments(to(a(high3ranking(execu2ve(in(Algérie(Télécom,(Mr.(Boukhari,(in(compensa2on(for
services(rendered.(The(two(Chinese(companies(used(a(shell(company(in(the(Bri2sh(Virgin(Islands(to(transfer(up(to(USD
10(million(to(Mr.(Boukhari's(account.
Kenya
There(is(an(ongoing(inves2ga2on(into(the(August(2011(award(of(a(contract(for(development(of(Kenya's(digital
television(signal(distribu2on(network(to(the(Pan(African(Network(Group(of(China,(based(on(allega2ons(of(corrup2on
and(an23compe22ve(prac2ces(in(the(tender(process.(
Liberia
According(to(press(reports(in(February(2006,(Liberian(authori2es(indicted(ZTE's(Liberian(agent(for(allegedly(bribing
three(state(telecom(officials(at(the(Liberia(Telecommunica2ons(Corpora2on(in(order(to(secure(a(contract(with(the
government.(The(current(status(of(the(prosecu2on(is(unclear.
Nigeria
In(December(2011,(the(Nigerian(parliament(appointed(a(joint(commi*ee(of(police,(public(procurement,(debt
management(and(IT(officials(to(inves2gate(ZTE's(conduct(of(a(USD(470(million(contract(for(the(Na2onal
Communica2on(Security(System.(The(purpose(of(the(inves2ga2on(is(to(determine(whether(the(award(of(the(project(to
ZTE(conformed(to(due(process(guidelines(for(government(contracts,(and(whether(substandard(materials(were(used(by
ZTE(in(its(performance(of(the(contract.(The(Nigerian(government,(feeling(pressure(from(the(rise(of(terrorist(groups(on
Nigerian(soil,(had(entered(into(the(agreement(with(ZTE(to(install(a(Na2onal(Public(Service(Communica2on(System
(NPSCS),(including(closed(circuit(television(cameras,(in(the(Federal(Capital(Territories,(to(help(the(Nigerian(security
services(deal(with(the(threat,(par2cularly(from(Boko(Haram.(The(Nigerian(government(guaranteed(the(agreement(for
USD(399(million(to(enable(ZTE(to(obtain(loans(from(the(Chinese(government(for(the(project.
Long(before(these(allega2ons,(ques2ons(had(arisen(in(Nigeria(as(to(ZTE's(rela2onship(with(certain(government
officials,(and(the(Company's(obscure(prac2ces(in(Nigeria.(For(example,(a("factory"(to(build(consumer
telecommunica2ons(products(was(opened(only(briefly(in(2004,(apparently(for(sham(purposes,(with(ministerial(photo3
ops(and(workers(in(new(company(coveralls(who(were(paid(for(two(days'(work(and(sent(home,(with(one(sole(worker
remaining(at(the(empty(Maitana(facility.
Uganda
In(September(2011,(the(Ugandan(government(froze(a(USD(74(million(loan(from(the(Import(and(Export(Bank(of(China
("EXIM"),(pending(an(inves2ga2on(into(allega2ons(of(procurement(flaws(and(overpricing.(
Addi2onal(allega2ons(in(Uganda(involve(a(tender(by(Huawei(to(lay(fiber3op2c(cable(for(the(Ugandan(transmission
infrastructure(project,(based(on(a(USD(106(million(project(funded(with(a(loan(from(the(Export3Import(Bank(of(China.
This(project(has(been(suspended(due(to(allega2ons(of(inflated(costs(and(incorrect((substandard)(cables.
Zambia
A(contract(was(entered(into(between(the(government(of(Zambia(and(ZTE(and(Huawei(to(migrate(Zambian(networks
In(September(2013,(the(Zambian(government(terminated(the(USD(210(million(closed(circuit(television(camera(contract
with(ZTE(because(of(the(alleged(corrup2on.(Zambia(es2mated(it(would(have(lost(USD(100(million(in(inflated(costs(had
the(contract(con2nued.(The(contract(was(reportedly(issued(by(senior(Zambian(government(officials(under(a(direct
agreement,(without(an(open(tender(procedure,(raising(suspicions(of(corrup2on.
RATIO$OF$IMPROPER$PAYMENTS$TO$BUSINESS$ADVANTAGE
HOW$CONDUCT$WAS$DISCOVERED
Algeria(
A(corrup2on(inves2ga2on(in(Luxembourg(related(to(the(construc2on(of(a(highway(connec2ng(the(eastern(and(western
por2ons(of(Algeria(revealed(that(Majdoub(Chani,(a(local(business(involved(in(the(highway(construc2on(scandal,(had
opened(offshore(bank(accounts(into(which(the(Chinese(businesses(deposited(their(commissions.
ENFORCEMENT$RESULT
Algeria
On(6(June(2012,(employees(of(both(Huawei(and(ZTE(were(convicted(of(bribery(related(to(telephone(company
contracts(in(Algeria(between(2003(and(2006.(The(men,(Mr.(Xiao(of(Huawei(and(Mr.(Chen(and(Mr.(Dong(of(ZTE,(were
sentenced(in(absen2a(to(ten(years(in(prison,(and(fined(USD(65,000,(in(a(case(concluded(in(Algiers(by(Judge(Derbouchi.
Mr.(Boukhari,(a(former(senior(official(with(Algérie(Télécom,(and(Mr.(Madjdoub,(a(businessman(who(also(holds
Luxembourg(ci2zenship,(were(found(guilty(of(money(laundering(and(mismanagement(and(received(sentences(of(18
years,(along(with(a(fine(of(USD(111,660,(plus(confisca2on(of(any(goods(or(wealth(acquired(during(the(period(in
ques2on.
Both(companies,(Huawei(and(ZTE,(were(fined,(and(have(been(debarred(from(bidding(on(public(contracts(in(Algeria(for
two(years.(It(is(the(first(2me(the(Algerian(government(has(ever(banned(a(company(from(public(tenders.(
Interna2onal(warrants(were(issued(for(the(arrest(of(the(three(Chinese(employees.
Zambia
The(Zambian(government(terminated(its(USD(210(million(contract(with(ZTE(as(a(result(of(the(allega2ons.
KEY$TAKEAWAYS
ZTE(is(under(increasing(pressure(following(years(of(allega2ons(of(large3scale(bribery(in(Algeria,(Kenya,(Liberia,
Mongolia,(Nigeria,(Philippines,(Uganda,(and(Zambia
RELATED$DOCUMENTS
CIPACO:("Liberia(:(Telecom(Bidders(in(Court(for('Illegal'(Contract"((17(February(2006)
IDG(News(Service:("Nigeria(inves2gates(ZTE(cybersecurity(contract"((9(December(2011)
Info(Algerie:("Medjdoub(et(Boukhari(condamnés(à(18(ans(de(prison(ferme:(Affaire(opposant(Algérie(télécom(aux(sociés
chinoises(zte(et(huawei"((7(June(2012)
Channel(News:("ZTE(et(Huawei(condamnés(en(Algérie(pour(corrup2on"((8(June(2012)
ZD(Net:("Huawei(et(ZTE(condamnés(pour(corrup2on(en(Algerie"((12(June(2012)
Global(Times:("Telecom(execu2ves(convicted(of(bribery"((12(June(2012)
Financial(Times:("ZTE(faces(Mongolia(corrup2on(probe"((12(April(2013)
All(Africa:("Zambian(Terminates(Ksh.(18.4(Billion(ZTE(Contract(Over(Corrup2on(Allega2ons"((11(September(2013)
CASE$CATEGORIES
Domes2c(Bribery(Enforcement(of(Foreign(En22es(3(Formal(Proceedings
Transporta2on/Communica2ons
©(2014(TRACE(Interna2onal,(Inc.
History
Background
In April 2007, Philippine Department of Transportation and
Communications (DOTC) Secretary Leandro Mendoza and ZTE Vice
President Yu Yong entered into a US$329.5 million contract for a
National Broadband Network (NBN) that would improve government
communications capabilities.
On August 29, Nueva Vizcaya Congressman Carlos Padilla hinted in a
privilege speech that Commission on Elections (COMELEC)
Chairman Benjamin Abalos went to China to broker a deal for the
NBN project. The following day, Abalos denied brokering for the
NBN project, although he did admit going to China four times.
On September 5, Senator Aquilino Pimentel called for a Senate
investigation about the NBN project. As a result, three committees held
joint hearings about the issue: the Accountability of Public Officers &
Investigations (aka the Blue Ribbon Committee) headed by Alan Peter
Cayetano, the National Defense and Security committee headed by
Rodolfo Biazon and the Trade and Commerce committee headed by
Mar Roxas. President Arroyo
Senate investigations
De Venecia's testimony
Jose "Joey" de Venecia III, son of House Speaker Jose de Venecia, Jr., testified on September 10 that he was with
Abalos in China and that he heard Abalos "demand money" from ZTE officials. The younger de Venecia was
president of Amsterdam Holdings, the company that lost its bid to ZTE for the NBN project.
On September 11, the Supreme Court of the Philippines promulgated a temporary restraining order (TRO) on the
$329-million national broadband network (NBN) contract between the Philippine government and China's ZTE
based on separate certiorari suits filed by Iloilo Vice-Governor and former Representative Rolex Suplico and Joey de
Venecia III. Under political pressure from the opposition group, the court gave ZTE fifteen days to comment on the
injunction. Suplico, a former opposition congressman, alleged that the agreement was sealed without public bidding
and violated the Telecoms Policy Act, which required privatization of all telecommunications facilities.
Congressman Padilla sued DOTC and ZTE officials of violating the Anti-Graft and Corrupt Practices Act, the
Telecommunications Policy Act, the Build-Operate-Transfer (BOT) Act and the Government Procurement Act at the
Office of the Ombudsman. AHI also petitioned the Court to direct the DOTC to provide copies of the contract, since
it should have won the same.[1] The younger de Venecia testified on September 18 that Mike Arroyo, President
Gloria Macapagal-Arroyo's husband, personally told him to "back off" from pursuing the NBN project.
Neri's testimony
On the September 20 Senate hearing, Cabinet officials attended the hearing except for former National Economic
and Development Authority (NEDA) Chairman (now Commission on Higher Education Chairman) Romulo Neri,
who was sick. On September 22, 2007, president Arroyo suspended the broadband contract with ZTE after the
bribery scandal sparked major problems in her government.[2]
Neri and Abalos finally faced each other on the September 26 Senate hearing; Neri testified that Abalos told him
"Sec, may 200 ka dito (You have 200M pesos in this deal)" while playing golf at Wack Wack Golf Club; they had
been discussing the ZTE deal at that time. Abalos denied making the apparent bribe attempt. Neri later invoked
executive privilege in response to some Senators' questions. He later shunned succeeding Senate hearings still citing
executive privilege
On September 27, 2007, ZTE petitioned the Supreme Court to lift the TRO alleging, in its urgent omnibus motion,
inter alia, that the injunction cost the company millions.[3]
Abalos announced his resignation as COMELEC chairman on October 1; Resurreccion Borra succeeded him as
COMELEC chairman. President Arroyo on her October 2 trip to China, said to Chinese President Hu Jintao her
"difficult decision" to cancel ZTE Corp.'s contract for the NBN project.
On May 26, 2008, a Supreme Court decision (Neri vs. Senate) nullified the citation of contempt against Neri, ruling
that conversations between Neri and President Arroyo are considered classified information. [4]
de Venecia later claimed that ZTE advanced USD 1 million to Abalos; senators pointed out that this qualifies as
"plunder" under Philippine criminal law since the advance was given when the foreign exchange was at about PHP
50 to $1, thus equaling the PHP 50 million floor for plunder.[11]
Deputy Executive Secretary Manuel Gaite appeared on the February 26 hearing. He had previously said that the
P500,000 he gave to Lozada's brother was for Lozada's expenses while staying at Hong Kong. Gaite said he "can't
rationally justify" the reason why he gave Lozada the hefty amount. He said that his action "was moved by my
conscience and my faith." Lozada earlier claimed that the P500,000 was a bribe.[12]
The Philippine Court of Appeals dismissed Jun Lozada's writ of amparo petition for lack of evidence on his claim
that there were threats to his life and security.[13] On September 23, 2008, Lozada asked the Supreme Court of the
Philippines to re-open and reconsider his case, thereby arguing for the protection of his siblings, Violeta and
Arturo.[14]
Countersuit
Mike Defensor, on July 4, 2008 filed a 6-page perjury lawsuit Friday versus Rodolfo Noel Lozada for "testifying
under oath that he had paid Lozada P 50,000 to change his statement that he was not kidnapped at the Ninoy Aquino
International Airport (NAIA) when he arrived from Hong Kong at the height of the Philippine National Broadband
Network controversy (ZTE Zhong Xing Telecommunication Equipment Company Limited scandal)."[15]
Madriaga testimony
Also on the February 26 hearing, Dante Madriaga, a ZTE-employed engineer, claimed that USD 41 million was
sought as "advances". ZTE then withheld more money, saying they needed to see President Arroyo's face at the
signing of the contract.
Ombudsman cases
The Ombudsman Ma. Merceditas N. Gutierrez subpoenaed First Gentleman Mike Arroyo, Neri, the de Venecias and
Abalos to hear their side of the story. The case was filed by former vice president Teofisto Guingona, Jr., several
lawyers, Fr. Jose Dizon and party-list Representatives Joel Villanueva and Ana Theresia Hontiveros-Baraquel,
among others.[16]
Judgment
President Arroyo decided to cancel the National Broadband Network project on October 2, 2007 in a meeting with
Chinese President Hu Jintao. On July 14, 2008, the Supreme Court dismissed all three petitions questioning the
constitutionality of the national broadband deal, saying the petitions became moot when President Arroyo decided to
cancel the project.
Reactions
Following the testimony of Jun Lozada, several sectors and prominent people such as Joey de Venecia and Senator
Panfilo Lacson have called for President Arroyo's resignation, while Senate President Manuel Villar and senator
Alan Peter Cayetano called for her to take a leave of absence. Vice President Noli de Castro has said that President
Arroyo and other government officials "should be charged" if they would be found directly involved in the alleged
anomalies.
The Catholic Bishops' Conference of the Philippines called an emergency meeting on February 25, 2007 wherein
they formed a collective stance which refused to call for Arroyo's resignation, instead calling on her to be part of a
"moral reform process".
On February 29, 2008, a rally was held in the Makati City central business district to protest corruption and call for
the resignation of President Arroyo. The rally's attendees, which included former Presidents Corazon Aquino and
Joseph Estrada, were estimated by police and rally organizers to be around 15,000 people.
References
[1] ABS-CBN Interactive, Supreme Court issues TRO on NBN deal (http:/ / www. abs-cbnnews. com/ topofthehour. aspx?StoryId=91959)
[2] Reuters, Arroyo suspends telecoms deal with Chinese firm (http:/ / in. reuters. com/ article/ worldNews/ idINIndia-29667620070922)
[3] ABS-CBN Interactive, ZTE asks SC to lift TRO (http:/ / www. abs-cbnnews. com/ topofthehour. aspx?StoryId=94151)
[4] supremecourt.gov.ph/jurisprudence, Summary of Voting (http:/ / www. supremecourt. gov. ph/ jurisprudence/ 2008/ march2008/
180643_summary. htm)
[5] Arrest order out for ZTE witnesses Neri, Lozada (http:/ / www. gmanews. tv/ story/ 78614/
Arrest-order-out-for-ZTE-witnesses-Neri-Lozada), GMA News
[6] Senate arresting team awaits Lozada's arrival at NAIA (http:/ / www. gmanews. tv/ story/ 79366/
Senate-arresting-team-awaits-Lozadas-arrival-at-NAIA), GMA News
[7] Missing ZTE witness taken out of town; Lozada kin asks for help (http:/ / www. gmanews. tv/ story/ 79389/
-Missing-ZTE-witness-taken-out-of-town-Lozada-kin-asks-for-help)
[8] Lozada finally surfaces, links Abalos, Big Mike to ZTE mess (http:/ / www. gmanews. tv/ story/ 79580/
Lozada-finally-surfaces-links-Abalos-Big-Mike-to-ZTE-mess)
[9] High Court stops Senate from arresting ZTE witness Neri (http:/ / www. gmanews. tv/ story/ 79331/
High-Court-stops-Senate-from-arresting-ZTE-witness-Neri)
[10] Lozada links First Gentleman, Abalos to NBN deal (http:/ / newsinfo. inquirer. net/ breakingnews/ nation/ view/ 20080208-117553/
UPDATE-7-Lozada-links-First-Gentleman-Abalos-to-NBN-deal) by Veronica Uy, Inquirer.net
[11] ‘ZTE advanced $1M to Abalos’--De Venecia III (http:/ / newsinfo. inquirer. net/ breakingnews/ nation/ view/ 20080211-118085/
UPDATE-12-ZTE-advanced-1M-to-Abalos--De-Venecia-III) By Veronica Uy, Philippine Daily Inquirer.
[12] Gaite: I can't rationally justify giving P500,000 to Lozada (http:/ / www. gmanews. tv/ story/ 82247/
Gaite-I-cant-rationally-justify-giving-P500000-to-Lozada), GMA News.
[13] inquirer.net, Lozada to go to SC to appeal ‘amparo’ petition (http:/ / newsinfo. inquirer. net/ breakingnews/ nation/ view/ 20080918-161379/
Lozada-to-go-to-SC-to-appeal-amparo-petition)
[14] gmanews.tv, Lozada asks High Court to reopen amparo petition (http:/ / www. gmanews. tv/ story/ 122286/
Lozada-asks-High-Court-to-reopen-amparo-petition)
[15] abs-cbnnews.com, Defensor files perjury raps vs Lozada (http:/ / www. abs-cbnnews. com/ storypage. aspx?StoryID=124144)
[16] Ombudsman subpoenas Mike Arroyo, 4 others in ZTE mess - report (http:/ / www. gmanews. tv/ story/ 80728/
Ombudsman-subpoenas-Mike-Arroyo-4-others-in-ZTE-mess---report), GMA News.
External links
• Related policy papers and NBN contract review at [[Action For Economic Reforms (http://www.aer.ph/index.
php?option=com_content&task=blogcategory&id=90&Itemid=91)] website]
• De Venecia son’s team claims overprice in NBN deal - Experts report P8-B discrepancy (http://newsinfo.
inquirer.net/breakingnews/nation/view/20080123-114176/
De-Venecia-sons-team-claims-overprice-in-NBN-deal), Inquirer.net
• The Madriaga file on broadband deal (http://pastebin.com/f7630c0df)
• Derivation of the ZTE scandal $329 Million 'BUKOL' (http://www.file-post.com/view_file.php?id=262), The
so-called dissection of $329 Million
• abs-cbnnews.com, The limits of executive privilege, By JUSTICE ANTONIO CARPIO (http://www.
abs-cbnnews.com/storypage.aspx?StoryID=113362)
• newsbreak.com.ph, TIMELINE: Exposing the ZTE Overprice, 07 February 2008 (http://www.newsbreak.com.
ph/index.php?option=com_content&task=view&id=4155&Itemid=88889366&ed=34)
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This week senators will probe further Malacañang’s efforts to silence ZTE-scam witness Jun Lozada, including a P500,000 gift from top official. A sidelight would be
affirmations by two senators’ aides that Sec. Romy Neri did call his President Gloria Arroyo evil thrice during a meeting in Dec. All dramatic stuff, fit for live TV
coverage. But after that senators would have to comb tediously the details of the $330-million telecom contract to see where the $200-million overpricing is. And then,
after reviewing similar Chinese-funded projects, they need to study the big picture of why China became so generous when Malacañang acceded to joint exploration of
the Spratlys and even the country’s continental shelf.
Already whistleblower Joey de Venecia has submitted an analysis of ZTE Corp.’s prices for Equipment, $194,051,628, and Services, $135,429,313. Citing open
industry figures, he swore that Equipment should be only $96,078,246, and Services, $36,733,786. In effect, there was overpricing of $196,668,909, that is
$329,480,941 minus $132,812,032 (Gotcha, 23 Jan. 2008). From outside the Senate halls, ZTE protested de Venecia’s figures, but refused to sit in the hearings it
called a “political circus.” It also went on invoking confidentiality of proprietary information in hiding the details that the Filipino people would have had to pay.
Unfortunately for the Chinese firm, senators already gave out copies to media outlets, which in turn posted these in websites.
If a confidential source of mine finally finds courage to testify, worse overpricing will unravel. He was a technical man of the Filipino lobbyists for ZTE, so was privy to
the specifications and unit costs. From his files he has recalled only $69,083,643 for Equipment and $29,498,000 for Services, for a total of $98,581,643 (Gotcha, 28
Jan. 2008). So the overpricing in the final contract was $230,899,298; or $329,480,941 minus $98,581,643. The source also has a lot to say about how much the
lobbyists got from ZTE bribers from late 2006 to early 2007, in effect showing consummated graft.
Still another source, also in telecoms, showed how at least one item in Equipment was overpriced (Gotcha, 18 Feb. 2008). He must stay anonymous for now because
of a quaint relationship to an official linked to the contract. But he zeroed in on ZTE’s price of $1,784 for 25,844 WiMax subscriber units, for a total of $46,107,524. This
is for BreezeMAX PRO CPE Outdoor Radio Unit, made by Israel’s Alvarion, a leading maker of WiMax solutions. The source pointed out that a leading competing
brand, Proxim Tsunami MP.16 3500 Subscriber Station with Integrated 18 dBi Panel Antenna, could be ordered online for $579.99 apiece. (Senators may check out the
link: http://www.wirelessnetworkproducts.com/index.asp?PageAction=VIEWPROD&ProdID=1404). Using the competitive price of $580 and assuming that ZTE doubled
it for profit (100-percent markup in telecoms very rare in highly competitive IT industry), the source found overpricing of $16 million in the hardware. He unearthed
another sting of $19 million in installation, testing and commissioning of the WiMax gadgets. This, from ZTE’S price of $1,000 for each of the 25,844 sites, or
$25,844,000s, when the going rate is only $250 tops per location, or a total of $6.5 million for 25,844 locations.
Still one more telecom source since Apr. (the one whose e-mail vile eavesdroppers had cloned), researched the Alvarion model stated in ZTE’s annexes. He noted that
it is vintage 2004. Meaning, it does not capable of beaming signals up to 30 kilometers, contrary to claims of USec Lorenzo Formoso at the Senate. Moreover, the same
model is not optimized to carry Voice over Internet Protocol (VoIP) traffic, again contrary to Formoso’s blabber. Meaning, the national broadband network would never
have worked as intended, but end up as another white elephant like the Bataan nuke plant.
Lastly, a NEDA insider pointed out overpricing in the Services side (Gotcha, 20 Feb. 2008. Citing government procedures, the source defined the contract as “design-
build” under the Federation of International Consulting Engineers. Then citing NEDA rules, the source further stated that detailed engineering design should not exceed
six percent, and construction supervision ten percent, or a total of 16 percent, of Equipment cost. Yet in the ZTE contract. the Services cost of $135,429,313 was 70
percent of the Equipment cost of $194,051,628. It was also 41 percent of the total contract price of $329,480,941.
The same NEDA source noticed many procedures breached, and requirements not attached to the ZTE contract (Gotcha, 22 Feb. 2008). These instances constitute
graft, for entering into a transaction grossly and manifestly disadvantageous to public interest.
***
The National Telecommunications Commission should look into the user of these numbers: 0916-3949807, 0915-4127945, 0916-4129034. During the 2007
congressional-local elections, those numbers were used in text brigades to malign candidates of the Opposition. After that, they were used to badmouth ZTE-scam
whistleblowers Joey de Venecia and Jun Lozada. Last week it was used to spread the canard that Vice President Noli de Castro had bought a P200-million mansion for
a supposed mistress.
The pattern gives the NTC a clue on who the cell phone menace is.
* * *
E-mail: jariusbondoc@workmail.com
Chinese company
ensnared in kickback
scandal in Philippines
By Andrew Higgins, Published: June 24,
2012
MANILA — After a tense showdown over a disputed
shoal in the South China Sea, the closest U.S. ally in
Southeast Asia and a rising China now face a new
source of potential friction over the alleged corrupt
practices of a well-connected Chinese corporation.
At the center of a case before the Philippine anti-graft tribunal is Zhongxing Telecommunications Equipment,
or ZTE, a state-linked manufacturing giant that sells communications gear in more than 140 countries. The
company is not on trial, but its alleged payment of tens of millions of dollars in kickbacks in connection with
a 2007 contract has led to graft charges against former president Gloria Magacapal-Arroyo, her husband and
two other former senior officials. All deny any wrongdoing.
The criminal prosecution, which follows a lengthy investigation into ZTE’s business practices by the
Philippine Senate, puts a spotlight on the role played by Chinese companies in extending China’s economic
reach around the world but also in straining Beijing’s doctrine of noninterference in the affairs of other states.
While insisting that it does not meddle in foreign lands, China keeps getting dragged deep into the affairs of
other countries by the pursuit of profit by corporations controlled by or closely tied to the state.
ZTE is also under scrutiny in Washington, where the House intelligence committee is investigating whether it
and another large Chinese company, Huawei Technologies, pose a threat to national security through their
equipment sales in the United States. In a letter sent this month to the company’s American subsidiary, ZTE
USA, the intelligence committee’s chairman, Republican Rep. Mike Rogers (Mich.), and ranking Democrat,
C.A. Dutch Ruppersberger (Md.), asked about ZTE’s “interactions” with China’s ruling Communist Party
and various government bodies and posed a blunt question about its contract in the Philippines: “Did ZTE
provide any kickbacks?”
Mitchell Peterson, a spokesman for ZTE in the United States, said the company will be “transparent, candid
and cooperative” with the intelligence committee’s inquiry.
The inquiries into the giant Chinese telecommunications company are only the latest to find China and its
state-linked firms in the center of foreign business disputes that have created headaches for Chinese
diplomacy.
The Nigerian government, meanwhile, is investigating a $470 million contract awarded to ZTE, complicating
China’s efforts to woo Africa’s biggest oil producer.
And in another resource-rich area of Africa, the oil interests of the state-owned China National Petroleum
Corp., or CNPC, and the company’s close ties to Sudanese President Omar Hassan al-Bashir, an indicted war
crimes suspect, have pushed Beijing into the middle of a venomous and often violent feud between Sudan
and the newly established Republic of South Sudan, which seceded last summer.
In the Philippines, among those charged with graft is Benjamin Abalos Sr., the former head of the Election
Commission. According to testimony during hearings by the Philippine Senate, Abalos took large kickbacks
from ZTE in connection with a contract for the construction of a broadband network and fed some
$30 million into the campaign coffers of Philippine politicians ahead of a 2007 election.
His Manila attorney, Gabby Villareal, said Abalos “categorically denies receiving any money” from ZTE.
Claims that he did, the attorney said, are just hearsay.
Teddy Casino, a member of the Philippine Congress who initiated the current prosecution by filing a
complaint in the fall, said he does not believe ZTE was trying to buy votes. But Casino said he does think
that, through the payment of bribes, the company did unwittingly taint the electoral process.
“This is a serious matter,” he said, adding that Chinese money should “stay away from our politics.”
Casino is a member of Bayan Muna, a left-wing political group that has for years railed against interference
in Philippine affairs by the country’s former colonial master, the United States, which until 1991 had a large
naval facility and an air force base here. Casino still considers the United States — which is bound closely to
the Philippines by a 1951 mutual defense treaty — to be a menace, but he now sees China in much the same
way.
In a written response to questions about its alleged illicit payments, ZTE did not address specific allegations
raised in the Philippines but said that “abiding by Chinese and local laws is a basic principle that ZTE has
always followed.” The company had no comment on the conviction in absentia this month by a court in
Algeria of two ZTE executives found guilty of “influence peddling” through the payment of illegal
commissions.
ZTE, which has nearly 90,000 employees and last year ranked as the world’s fourth-biggest maker of mobile
phones, has issued shares on stock markets in Hong Kong and nearby Shenzhen. It denies being state-
controlled and describes itself as an “independent company.” Its biggest shareholder, however, is a state-
dominated entity, as are at least seven of its other 10 largest shareholders. It won its 2007 broadband network
contract in the Philippines after China’s then-commerce minister, Bo Xilai, helped arrange a low-interest loan
from a Chinese state bank to finance the deal, which was subsequently canceled. Bo, who went on to become
Communist Party chief in Chongqing, was purged this year for unspecified “serious violations of discipline.”
‘Typical’ deal
EXHIBIT B: Sourced Articles and Webpages Accessed Page 2
Source No. 4 January 30, 2014 at 2:31 PM EST
When rumors of ZTE kickbacks began to surface and triggered a political storm in the Philippines, the U.S.
Embassy in Manila in 2008 sent a cable to Washington reporting that “the ZTE case is typical of the deals
that China reportedly uses worldwide to make friends and buy influence.” Unlike institutions such as the
World Bank, according to the cable, which was later made public by WikiLeaks, “China does not link its aid
to issues such as good governance, rule of law, or respect for human rights. Public skepticism and scrutiny
have underlined shortcomings in China’s soft power efforts.”
A witness list drawn up recently for the trial here at a special anti-graft court known as Sandiganbayan
includes two Chinese executives involved in the since-aborted ZTE contract for a broadband network to link
government offices. ZTE’s head office in Shenzhen said neither person now works for the company but
declined to say when they left or why.
The saga has shadowed efforts to resolve a potentially explosive dispute over the South China Sea, where a
recent maritime flare-up at Scarborough Shoal led China to restrict imports of Philippine bananas, ostensibly
for health reasons, and even raised fears of armed conflict.
President Benigno Aquino III, who took office in 2010, has made the fight against corruption a cornerstone of
his administration, vowing to end a culture of impunity that is widely blamed for making the Philippines the
economic laggard in an otherwise booming region.
His battle, however, has added to friction with China, an economic powerhouse that his predecessor, Arroyo,
often bent over backwards to please. Her government signed a raft of big-ticket business deals with mostly
state Chinese companies and, in a bid to reduce tensions in the South China Sea, also agreed to a program of
joint seismic surveys of waters believed to be rich in oil and natural gas. The joint surveys triggered outrage
here because they covered Philippine territory that is not claimed by China and, according to Arroyo’s critics,
thus undermined Philippine sovereignty.
Politicians and media commentators have linked the now lapsed seismic-survey deal to alleged Chinese
kickbacks, accusing Arroyo’s government of selling sovereignty in return for cash. “In short, it was territory
in exchange for pay-offs,” said a columnist recently in the Manila Standard Today newspaper.
Speaking to Washington Post editors and reporters recently in Washington, Aquino denied wanting to cool
relations with China and put an end to the ardor of the Arroyo years.
“We have set out to enhance the relationship,” he said, dismissing as “unfair” a suggestion that he took office
determined to reverse Arroyo’s push for close economic and diplomatic ties with Beijing.
He acknowledged, however, that China has perhaps been upset by investigations into various business deals
involving powerful Chinese companies. Beijing seems to have been angered most, he said, by his
government’s suspension of a railway project for which China had offered more than $500 million in soft
loans. This project, known as NorthRail, has also been mired in allegations of corruption.
But it is the ZTE affair that has attracted the most attention, thanks to intense media interest after Senate
hearings that featured detailed testimony of illicit payments.
Jose De Venecia, a businessman who first blew the whistle on alleged kickbacks, said in an interview that his
own company, Amsterdam Holdings, had proposed building a broadband network linking government offices
in 2006 and offered to do it for $130 million. ZTE later proposed doing the same for $329 million and got the
contract.
“I put two and two together — they were overpricing to pay so-called advances,” said De Venecia, recalling a
December 2006 meeting he attended with ZTE executives and the then-head of the Philippine Election
EXHIBIT B: Sourced Articles and Webpages Accessed Page 3
Source No. 4 January 30, 2014 at 2:31 PM EST
Commission in Shenzhen. The meeting, he said, revolved around discussion of kickbacks.
De Venecia, whose father served for more than a decade as speaker of the Philippine House of
Representatives and had close ties with Chinese leaders, puts most of the blame for the broadband fiasco on
officials in Manila, saying that China merely got sucked into local shenanigans by its determination to win
the contract.
“Officials here were trying to extort money from ZTE. Unfortunately, ZTE was willing to participate,” De
Venecia said. “ZTE is a company we will all remember.”
More world news coverage: - U.S. welcomes defection of Syrian pilot - Son of Mexico’s ‘El Chapo’ arrested
- Pakistan party picks nominee for PM - Read more headlines from around the world
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Print Close
Chinese networking vendors Huawei and ZTE have been banned from tendering for Print Close
public telco contracts for two years in the North African country of Algeria, after a
bribery scandal involving executives from both companies erupted this week.
An Algerian court this week found two ZTE employees and a Huawei staffer guilty of
delivering $US10 million in bribes to a former executive of state-owned Algeria
Telecom, Mohamed Bukhari, between 2003 and 2006.
International arrest warrants have been issued for the vendors' employees, which each
receiving ten-year prison sentences under Algerian law. However, it remains uncertain
whether China will extradite them to Algeria.
The prosecutor had asked for a higher, five million dinar or $65,000 fines against
Huawei and ZTE, and also the seizure of the two companies’ property.
Instead, the companies will be banned from participating in any public tender
opportunities for telecommunications equipment in Algeria for two years.
According to Algerian reports, this is the first time the country has ever banned
companies from public tenders.
Huawei has similarly been banned from participating in government telco tenders in
Australia under advice from ASIO.
The companies denied participation in the bribery scandal, pleading they were victims
of the fraud perpetrated by the executives now on the run.
Bukhari claimed the bribes, which also included an offer to study economics, came as
part of his job as a communications adviser to the telco, with decision-making power
for the company's chief executive.
"I only wanted a bit of extra money,” he said, according to a report in Le Soir d’Algerie.
The funds were channelled through offshore companies created in Luxembourg and
through the British Virgin Islands
European woes
The two Chinese companies have continued to face scrutiny over their business
practices elsewhere.
In May this year, European Union officials informed its member states at a private
meeting in Brussels of evidence Huawei and ZTE had enjoyed government subsidies.
Both companies have denied the claim.
The EU could impose tariffs against Huawei and ZTE for dumping wireless network
components in Europe below cost, something Swedish trade minister Ewa Björling
said could lead to retaliation from China.
Swedish telco vendor Ericsson echoed Björling’s fears, saying punitive import tariffs
could be imposed on the company.
Rather than sanctions and tariffs, Björling said the European Union should start talks
with China and the United States to come up with guidelines for state-supported export
credits and financing.
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ZTE's Dong Tao and Chen Zhibo, and Huawei's Xiao Chuhfa were all
sentenced in absentia by an Algerian court on Wednesday morning,
according to a report on French language news site, Le Soir D'Algerie.
The two companies have been banned from public sector contracts in
Featured Report Events
the country and each fined 3 million Algerian dinar (£25,000).
"I knew the leaders of the two Chinese companies in 2003, as part of my
job," Le Soir reports Boukhari as saying, (translated via Google). "They
invited me to a party, during which they offered to help by making
prospective studies in the economic field. I accepted and I do not see
how this is illegal. I had no decision making power to help them win
contracts. I wanted a little extra money."
International arrests warrants have been issued for all three executives.
“We take this matter very seriously and we are currently reviewing the
court’s decision," Huawei said.
The news comes two months after Huawei was banned from Australia's
national broadband project over Australian national security concerns.
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ZTE, the huge Chinese telecom equipment manufacturer, has found themselves in a kind of perfect storm. A
storm largely of their own making.
First, ZTE and its larger Chinese rival, Huawei, have been the subjects of great national security concern for
years. As I discussed last month the US intelligence community is worried that, if allowed to install equipment
here, the two companies will surreptitiously permit Chinese government wiretaps inside the United States. But
proof of this suspicion has been hard to find. And the firms, backed by Chinese government-subsidized loans,
have been able to offer enormous discounts to carriers, devastating the global telecom equipment market and
leaving carriers eager to buy their products. Whether the US government would continue to act on its suspicions
in the face of commercial pressure was an open question.
While that drama was unfolding, another morality tale was taking shape among the NGOs and journalists
covering unrest in the Muslim world. Story after story points a damning finger at Western technology companies
accused of providing wiretaps and surveillance gear to authoritarian Muslim regimes. Some of the sales are
alleged to have violated US export controls.
Of course, these two stories eventually intersected. In March, Reuters reported that ZTE was supplying the
Iranian mullahs with telecommunications gear that could spy on Iran’s restive population. ZTE, the news agency
reported,
“has sold Iran’s largest telecom firm a powerful surveillance system capable of monitoring landline, mobile and
Internet communications, interviews and contract documents show.”
That was bad. But it got worse. Reuters further revealed that the ZTE system sold to Iran included equipment
from US companies, like HP, Dell, Cisco and Juniper. Such sales violate US export control law. So ZTE soon faced
an investigation by the US Commerce Department.
And, to judge from a recent report in The Smoking Gun, that’s when ZTE took a bad situation and turned it into a
perfect storm:
“Concerned that they could no longer “hide anything” in the wake of the Reuters report, ZTE lawyers discussed
shredding documents, altering records, and lying to U.S. government officials, according to an insider’s account
EXHIBIT B: Sourced Articles and Webpages Accessed Page 1
Source No. 9 January 30, 2014 at 2:29 PM EST
provided to FBI agents by a Texas lawyer who last year began serving as general counsel of ZTE’s wholly owned
U.S. subsidiary.”
That brought the FBI in. Indeed, most of the recent allegations about ZTE are drawn from an FBI affidavit in
support of a search warrant, which is full of interesting details like ZTE meetings with US lawyers in which
damning documents were displayed on screens but never provided to the lawyers. In fact, the search affidavit
strongly suggests that ZTE’s general counsel was cut out of internal communications after he refused to go along
with a cover-up.
In the end, rather than actively lying to the US government, the company simply refused to comply with the
Commerce Department subpoena. In so doing, the company got the backing of its principal owner, the Chinese
government, which claimed that compliance with the subpoena would violate Chinese law.
Ironically, this debacle climaxed just as ZTE was trying to deal with a House Intelligence Committee investigation
that Huawei had practically demanded last year, thinking that it could put the intelligence community’s
suspicions to rest at last. The committee was moving to the last stages of that investigation. It had already served
ZTE with detailed questions and conducted interviews of its executives in China as the export control mess began
to spread.
Now, though, the mess is everywhere, and the House intelligence investigation will surely be heavily influenced
by the new evidence that ZTE at least is quite capable of carrying out sophisticated telecommunications
surveillance, of violating US law, and perhaps even lying about it later.
Which, come to think of it, is pretty much what US intelligence agencies have been saying all along.
The investigations into ZTE and its Texas subsidiary, ZTE U.S.A., by the FBI and Commerce Department
reflect two major U.S. policy concerns — blunting Iran’s appetite for advanced technology that could be used
in warfare and understanding the activities of Chinese companies in the United States.
According to an excerpt from an FBI affidavit published on the Web site Smoking Gun, investigators are
zeroing in on ZTE’s apparent effort to ship to Iran hardware and software components bought from leading
U.S. technology firms despite trade restrictions and embargoes. The affidavit says ZTE attempted to obstruct
the investigations.
The Commerce Department has been looking into ZTE since at least March, when it served an administrative
subpoena on Dallas-based ZTE U.S.A. for information on monitoring equipment allegedly exported to Iran,
according to the affidavit.
Federal law bans the sale, export or re-export of goods, technology or services to Iran. Those who knowingly
export goods to Iran are subject to criminal prosecution, and those involved unwittingly face civil penalties.
Justice and Commerce officials declined to comment. Efforts to reach ZTE in Dallas were unsuccessful.
The Commerce Department subpoena followed a Reuters article reporting on ZTE’s sale of powerful
electronic surveillance technology to the Telecommunication Co. of Iran, a firm with close ties to the Iranian
government, the affidavit said.
Reuters had obtained a “packing list” dated July 2011 that identified products bound for Iran and
manufactured by Cisco, Dell, Hewlett-Packard, Microsoft, Oracle and Symantec. The article said the
$130.6 million contract between ZTE and the Iranian company was signed in December 2010.
According to the FBI affidavit, agents interviewed ZTE U.S.A.’s general counsel, Ashley Kyle Yablon, in
At the time, Yablon told investigators he did not want to be part of a “cover-up” and described efforts by the
parent company to conceal the sales to Iran through at least one front company, according to the affidavit.
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You are here: Home » Economy » Corruption Concerns over ZTE’s No-Bid Contract in Lusaka
“Some people have queried how the US$210 million tender was awarded to ZTE when there are other
interested people who have the equal capacity. This is the same corruption, which the PF members
complained about under MMD. In fact, the plan to install CCTV cameras was started by the previous but the
current leaders seem to have mishandled it,” the source said.
The sources from the ministry of Home Affairs and the private sector claimed that the US$210 million tender
“This amount of US$210 million is too much for such a job. It could have been much better if the tender was
subjected to a public tender so that the companies compete. According to people who wanted to participate
in the tender, the job was going to cost taxpayers about a quarter of that amount.
The government has other CCTV contracts with ZTE n which the Ministry of Defence is installing cameras in
strategic places and security installations. In January 2013, the Ministry of Home Affairs signed a US$13
million CCTV contract
That original US$13 million contract was signed in January and the Ministry of Home Affairs CCTV project
was tacked on to that just two weeks later as a next phase expansion and at US$210 million was more than
16 times the value of the original underlying agreement.
Ministry of Home affairs Permanent Secretary Maxwell and representatives from the Chinese ZTE firm were
not immediately available for comments at the time of publishing.
3 Comments
Bowa
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CORRUPTION CORRUPTION..!
Mpangula Mputyu
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CHINA NEWS
WASHINGTON—A Chinese telecommunications giant that has been attempting to expand in the U.S.
poses a national-security threat and may have violated U.S. laws, according to a congressional
investigation.
Mr. Hong added, "We hope that the U.S. Congress can reject bias, respect the facts and do more to
promote China-U.S. economic relations, rather than the opposite."
The panel began its probe in November 2011 because of concern that the Chinese government could turn
the networks and equipment sold by the two companies into vehicles for spying inside the U.S.
Concerns about Chinese spying have grown in the past year. U.S. intelligence agencies allege China is
the most active and persistent perpetrator of economic espionage against U.S. firms. A string of alleged
Chinese cyberspying incidents targeting firms ranging from Google to the computer-security firm RSA
have contributed to these worries. China has denied engaging in corporate espionage.
"Neither company was willing to provide sufficient evidence to ameliorate the committee's concerns," said
a draft of the committee's report. "The risks associated with Huawei's and ZTE's provisions of equipment
to U.S. critical infrastructure could undermine core U.S. national security interests."
The 52-page report, which is unclassified, doesn't include evidence showing either company's equipment
has been used for spying. But it says some companies in the U.S. "have experienced odd or alerting
incidents" involving Huawei or ZTE equipment, although it provides no details. The report said a classified
annex includes information that adds to concerns.
The committee report says a major concern is that, as Chinese firms, the companies would be required to
comply with any Chinese government request for access to their systems.
Huawei is now the world's second-largest provider of telecommunications equipment, and it does 70% of
its business outside China. The Wall Street Journal reported last week that the company, which is closely
held, is exploring a public offering. The House report could complicate those plans. Huawei's U.S. sales
last year were $1.3 billion.
ZTE has a smaller U.S. footprint, primarily through sales of devices like smartphones. Its sales in the U.S
were $30 million last year. State-owned enterprises own 15.68% of the company.
Huawei officials said the House intelligence committee's focus on just two companies won't address the
full security problem because many telecommunications providers use equipment made in China that
would pose similar national-security risks.
The committee states in its report that it focused on the two companies because their Chinese ownership
poses the greatest threat to U.S. national security.
The report's allegations of potentially illegal practices by Huawei are based in part on interviews with
current and former employees, whom the committee didn't identify. Based on those interviews, the report
contends that there have been instances of alleged fraud and bribery by Huawei in seeking U.S.-based
contracts. It also points to cases of Huawei employees who were reported to be working full time in the
U.S. by using tourist visas, which do not allow for employment in the U.S.
Huawei's Mr. Plummer said the company "has not seen the committee report so has no familiarity with
such allegations." He said Huawei "has a well-demonstrated track record of responsibly adhering to local
laws and regulations in the markets in which it does business."
At Huawei, Mr. Plummer says the company is independent of the Chinese government and that security
of its systems remains a top priority.
In a recent letter to the committee, ZTE said that requiring severe threat assessments only of Chinese
companies would be "an obvious unfair trade practice." It also reiterated that the Chinese government has
never requested access to ZTE equipment, and while ZTE doesn't expect such a request, if it were to
occur, the company would be bound by U.S. law.
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By Jim Wolf
WASHINGTON (Reuters) - U.S. telecommunications operators should not do
business with China's top network equipment makers because potential Chinese
state influence on the companies poses a security threat, the U.S. House of
Representatives Intelligence Committee said in a report on Monday.
The report follows an 11-month investigation by the committee into Huawei
Technologies Co Ltd and its smaller rival, ZTE Corp.
The companies have been fighting an uphill battle to overcome U.S. lawmakers'
suspicions and expand in the United States after becoming key players in the
worldwide market.
The House Intelligence Committee's bipartisan concerns are bound to set back
the companies' U.S. prospects and may also lead to new strains in trade ties
between the United States and China, the world's two biggest economies.
Committee Chairman Mike Rogers, at a press conference to release the report, said companies that had used Huawei equipment
had reported "numerous allegations" of unexpected behavior, including routers supposedly sending large data packs to China late
at night.
The panel cited what it called long-term security risks supposedly linked with the companies' equipment and services. It did not
provide any hard evidence to back up its concerns, at least not in the unclassified version of the report.
Rogers, a Michigan Republican who is a former FBI agent, said lawmakers' concerns had been heightened by what he and the
panel's top Democrat, C.A. Ruppersberger of Maryland, described as the companies' lack of full cooperation with the investigation.
If the committee's warnings about doing business with Huawei and ZTE prompt the Chinese government to get out of the business
of cyber espionage, a growing U.S. concern, "then that's great," he added.
The committee recommended that the Committee on Foreign Investment in the United States, an inter-agency group that evaluates
the national security risks of foreign investments, should block any deals involving Huawei or ZTE.
Government contractors and private-sector companies should seek other vendors for their network equipment, the panel said.
Rogers, responding to a question at the press conference, stopped short of urging a U.S. boycott of mobile phones and other
handheld devices made by Huawei and ZTE.
The panel's warning pertains only to devices that involve processing of data on a large scale, he said, not Huawei- and ZTE-made
mobile phones.
Employee-owned Huawei is the world's second-biggest maker of routers, switches and other telecommunications equipment after
Sweden's Ericsson. ZTE ranks fifth.
The panel said it had received credible allegations suggesting Huawei may be guilty of bribery and corruption, discriminatory
behavior and copyright infringement.
Such allegations will be referred to the Justice Department and Department of Homeland Security for investigation, the panel said.
A spokesman for the Justice Department, Dean Boyd, declined to comment.
'RUMORS AND SPECULATIONS'
The committee's warning comes as Huawei weighs a possible initial public offering, sources said, as part of an effort to overcome
suspicions that have all but blocked its U.S. efforts, including business tie-ins.
Huawei denounced the findings, which it said "employs many rumors and speculations to prove non-existent accusations."
"We have to suspect that the only purpose of such a report is to impede competition and obstruct Chinese (telecom) companies
from entering the U.S. market," Huawei said.
ZTE, in a newly released copy of a letter to the committee, said it "profoundly disagrees" with allegations that it is directed or
controlled by the Chinese government.
"ZTE should not be a focus of this investigation to the exclusion of the much larger Western vendors," it said.
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In an exclusive interview with CRN at Cisco's San Jose, Calif., headquarters earlier this month, Chambers took aim specifically at $35 billion giant
Huawei, which a year ago, Chambers described as perhaps Cisco's most-formidable long-term threat.
"They've got some people really questioning do they play by the rules, of which I'm clearly one of them who says, no they don't," Chambers told CRN.
"And we're getting them very much in our crosshairs on innovation."
Huawei's growth is slowing, said Chambers, who claimed that in areas like service provider business, Cisco has "dramatically outgrown them on their
home court."
"Their operating margins are down to 9 percent," Chambers said, referencing the 9.1 percent operating margin Huawei reported for its fiscal 2011.
"That means real problems."
Chambers' CRN interview took place a week before a report published Monday by the U.S. House of Representatives' Permanent Select Committee
on Intelligence denounced Huawei and ZTE, another Shenzhen, China-based company, as national security threats.
In an interview that ran on CBS' 60 Minutes Sunday, anticipating the House committee report's release, Rep. Mike Rogers, a Michigan Republican and
the committee's chairman, urged U.S. business owners to "find another vendor if you care about your intellectual property, if you care about your
consumers' privacy, and you care about the national security of the United States of America." The report itself recommends that the U.S. block any
M&A activity involving the companies and American investments, and warns the U.S. government not to buy equipment from either firm.
In a statement posted to Huawei's corporate blog Monday, Huawei said the House committee's report "employs many rumors and speculations to
prove non-existent accusations."
Huawei's U.S. distributor, solution provider and BPO partners, including Synnex, Essintial Enterprise Solutions, Condre Storage and Communications
Test Design, have all declined to comment or have not responded to CRN requests for comment.
Chambers and Cisco did not comment specifically on the House Intelligence committee report, though Chambers and other executives have been
relentless in attempting to paint the company as unethical and untrustworthy.
The two companies have a long and contentious history. Cisco sued Huawei in 2002 for alleged patent infringement, agreeing to settle the lawsuit out
of court two years later after Huawei, according to Cisco, agreed to change its command line interfaces, user manuals and portions of its source code
for a number of products Cisco says it had ripped off.
The full details of that settlement have been kept confidential, though in a blog post earlier this month, Cisco General Counsel Mark Chandler said
Cisco would waive confidentiality requirements to dispute recent claims made by a Huawei lawyer about the nature of the agreement.
Meanwhile, Cisco's put House Intelligence committee target ZTE in its crosshairs, too.
According to Reuters, Cisco probed its reseller relationship with ZTE following reports from the news service that ZTE had sold equipment from Cisco
and other U.S. companies to Iranian telecom customers.
Chambers wouldn't discuss the ZTE probe, Reuters said, but he did say Cisco would not tolerate any direct or indirect sales to countries like Iran that
are under economic sanctions. "And when that occurs, we step up and deal with it very firmly," Cisco's Chambers said.
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MUST READ Boko Haram: Jonathan reads riot act to service chiefs Posted 15 hours ago Search site
Speaking about corruption in Nigeria has become as common as singing any of the popular R&B songs in the media today. once
again this corruption is on display in the unfolding Federal Government’s $430 million surveillance camera contract. Not only has the
government wasted a huge sum on another failed project, it may be delaying a similar and more transparent project by the Lagos
State Government. The National Assembly should not relent in its efforts to unravel the mess and bring culpable public officers to
book.
This particular national embarrassment involves the Nigeria Public Security Communications System, formed in response to the dire
insecurity in the country. A main component of the NPSCS is the installation of Closed Circuit Television Cameras in Abuja, the federal
capital, and Lagos, the country’s economic powerhouse. Among the issues the parliament should demand answers to is why the
2,000 CCTV cameras claimed to have been installed in the two cities are not working. Initiated in 2009, the CCTV project entailed
Nigeria making a down payment of $70.5 million (15 per cent) while China’s Eximbank provided the balance of $399.5 million as a
loan to be repaid at three per cent interest.
While the project, awarded to China’s ZTE Corporation, has not been completed two years after it should have, the few cameras
installed are mere decorations; some have been vandalised, or damaged by exposure, others have come permanent residence to all
sorts of birds and a mere means of shade to destitute. The majority of the cameras have not been installed. Meanwhile, reports from
the Federal Capital Territory indicate rampant crime: robberies, house-breaking, carjacking and pickpocketing, with the criminals
operating while surrounded by CCTV cameras that don’t work.
This is one event that we cannot be allowed to be swept under the carpet like so many have been. Saying that the nation is under
siege is merely stating an already established fact. Criminal activities have reached a level where an unprecedented number of
military units are permanently engaged in internal security operations across the country, even when the country is not facing an
external enemy. The Federal Government devoted almost N1 trillion last year and a similar amount this year to security, underscoring
the precarious state of public safety. The state governments have similarly taken to allotting ever more resources to funding the
police, a federal monopoly under our perverse federal system, while corporate bodies are also providing support yet it seems the
more we spend on combating the loose security situation in the country, the more unsafe we become. It is sheer callousness and
cynical disdain for public safety for some officials to play the usual corrupt games with the CCTV project.
The introduction of CCTV has been one of the best weapons against crime across the world, in other developed nations CCTV
surveillance has been standardised and is being used in major cities. In the United Kingdom, the average person is likely to be
caught on camera as many as 300 times a day. It was CCTV footage that enabled the United States law enforcement officers to
quickly identify and track down the perpetrators of the recent Boston Marathon bombing. But Nigerians are paying a heavy price for
the corruption of their government and the chicanery of the parliament. Way back in 2011, the House of Representatives had known
that the FG/ZTE contract was faulty. But it did little beyond its usual barking. Nigerians do not know the outcome of the investigation
the House ordered its joint committee on public procurement, aid, loans/debt management, information technology and police affairs
to conduct into the contract. Hassan Saleh, a member of the House, had alleged that ZTE installed substandard CCTV cameras. His
more alarming allegation was that ZTE had built into the agreement a condition that details of the contract should not be made
public.
That is a serious issue. Nigerian laws do not permit secrecy in public procurement and all the officials who negotiated this contract
should be exposed and severely punished. They should not be allowed to take cover under the guise of national security. Banks, an
increasing number of corporate organisations and even individuals, have installed CCTV systems; there is no mystique about it and it
is available in the open market.
FEATURED VIDEO
The Lagos State Government, which has a plan to install 4,000 CCTV cameras to help in crime and traffic management should no
longer wait for a Federal Government that continues to exhibit irresponsible behaviour, but should go right ahead with its own solar
power-based plan. Other methods such as better streets lighting and more police patrols should be vigorously explored. Other states
Several countries in the recent past have reviewed or completely terminated contracts with the Chinese firm ZTE for unethical
practices, I think the National Assemble has a duty to ensure this company or the federal government is held accountable and the
project is made to see the light of day.
IT & TECH
The latest corruption allegation against the Judiciary is Vickileaks, that has compelled the Chief Justice to set up
a Judicial Committee to investigate whether Nana Oye Lithur influenced Supreme Court Justices who heard the
presidential petition. Until now, the Legislature could not collectively be accused of corruption, even if some
(dis)honourable members were corrupt.
This perception came to an end this week when it was reported that a Chinese company has given each of the
275 MPs a mobile phone after a loan agreement between Ghana and the company had been rejected by the
House. Shortly after that the same agreement was approved by Parliament (see “MPs in phone scandal”,
Ghanaweb, November 22, 2013). In this article, I want to discuss if an MP in Ghana could be bought with
mobile phones and corruption in general.
According to the original report by the Ghanaian Observer, Parliament threw out a report of the Joint
Committee on Communications, Defence and Interior on the supply contract for dedicated security information
system between the Government of Ghana (represented by Ministry of Communications) and ZTE Corporation
of China on the basis that it was full of errors. The NPP MP for Assin Central, (Dis)honourable Kennedy
Agyapong also raised issues on the floor of the House about the records and questionable character of ZTE
Corporation.
However, when the errors in the report were corrected and returned to Parliament, branded ZTE mobile phones
were strategically put into the pigeon holes of all 275 MPs by the Ministry of Communications as a gift from
ZTE Corporation. Subsequently, Parliament approved the contract for government to acquire a US$129.9
million security information system that will enable security agencies monitor the entire nation and respond
swiftly to security emergencies.
The above report, if accurate, is Parliament’s Day of Shame in the fight against corruption in Ghana. In fact,
when I read it, I asked myself a number of questions: Can Ghana’s August House be bought with mobile
phones? Do the (Dis)honourable Members know and understand what is conflict of interest? How can the
Legislature fight against corruption, especially within the Executive by this behaviour and how could the
minority partake in this act when they held placards in the House regarding Executive corruption during the
presentation of the 2014 Budget last Tuesday? Since no MP has denied the report, I assume the report is true
and accurate.
From the report, it appeared the agreement was rejected because it contained errors, though the nature of the
errors are unknown (whether typo, administrative or legal). We can assume that with the errors corrected,
approval would have been given without the mobile phones. The question is, why did ZTE Corporation
consider it necessary to present mobile phones as a gift to the MPs at such a critical time? The answer is
simple? Kennedy Ayapong raised the records and questionable character of ZTE in the first debate of the
committee report, which was not addressed by the Ministry of Communications.
The blame lies heavily on the Executive, through the Minister for Communications who agreed for ZTE to use
the ministry as a conduit to bribe the Legislature. The Minister should have been bold to tell ZTE that it is
unethical for them to try to influence a parliamentary decision. Second, he should have told ZTE that due to a
serious case of conflict of interest, it would be inappropriate for MPs to be given the mobile phones.
Instead, the minister went along with ZTE and ensured that his ministry carried the phones to parliament and
put them in MPs’ pigeon holes. In fact, it would still have been wrong had the phones been given to MPs after
the agreement had been approved. Did it not occur to the minister, his advisers and senior civil servants that
such gifts breached the recently introduced Code of Conduct by the Presidency?
If MPs got mobile phones for doing work they were elected and paid to do, what did the Executive and senior
civil servants who negotiated the agreement get from ZTE? Your guess is as good as mine? Is it not interesting
that some of the minority MPs claim they will not use the phones because they suspect some spying equipment
might have been installed by the Chinese? But why keep the phones if they would not use them? I wish those
MPs had taken the decision not to use the phones because in their view, it was bribery, wrong and unethical, and
actually returned the phones. Instead, they did not see anything wrong with the gifts but are more concerned
about their personal interest of being spied on and potentially being exposed rather than protecting the national
interest.
This is a case of clear conflict of interest which occurs when an individual or organisation is involved in
multiple interests, one of which could possibly corrupt the motivation for an act, in another, often for personal
or organisational gain. According to the Solicitors Regulatory Authority for England Handbook, conflict of
interests means any situation where one owes separate duties to act in the best interests of two or more parties in
relation to the same or related matters, and those duties conflict, or there is a significant risk that those duties
may conflict. Again, one’s duty to act in the best interests of any party in relation to a matter that conflicts, or
there is a significant risk that it may conflict with one’s own interests in relation to that or a related matter.
Form the above, it was abundantly clear, ZTE, Ministry of Communications and Parliament all had conflicting
interests with regards to the approval of the loan agreement and sadly all of them breached the conflict interests
for personal or organisational benefits.
The behaviour of the Executive and the Legislature is not only disturbing but despicable. They are the ones
expected to protect and safeguard the interest of Ghana against foreign interests. Yet, the Executive through the
Minister for Communication colluded with a foreign company to bribe Parliament for personal gains. ZTE
knowing that if the agreement is not approved by Parliament, it would lose the $129.9 million worth of contract,
resorted to bribery for organisation gain.
What is sad is the value of the bribe given to MPs for the contract. We are not told how much each of the 275
mobile phones costs but let’s assume that each is $500. Is it not shameful and sad that MPs could be bought for
$500 for their votes? This is not to suggest that had the bribe been in millions of dollars it would have been ok.
Ghana ought to be careful with the numerous contracts signed with Chinese companies because of the tendency
of Chinese companies to resort to unethical and even illegal means such as bribes to gain advantage. I am not
suggesting that unethical practices are not practised by non Chinese companies but such practices are embedded
in the culture of Chinese companies. I am aware that British arms companies were involved in bribery to secure
billions of contracts from rich Arab countries. However, the difference is that such companies and officials are
EXHIBIT B: Sourced Articles and Webpages Accessed Page 2
Source No. 17 January 30, 2014 at 2:22 PM EST
sanctioned when the practices are found. In fact, currently, there are laws in UK making such practices illegal.
That is not the case in China.
Again, I am aware that foreign companies sometimes use their Corporate Social Responsibility (CSR) policies
to influence governments to make decisions in their favour. The difference here is that the benefits of CSR go
directly to local people such as investment in education, health, provision of good drinking water or electricity
supply. ZTE could have spent the money on mobile phones for MPs to provide a school or health centre to a
community in Ghana after the approval of the agreement and that would have been acceptable.
This matter shows that when it comes to fighting corruption and protecting the interests of Ghana, NDC and
NPP are no different. The only difference, if any, between them is that they belong to different political parties.
Even ideologically, I see no differences between the two. On paper, yes, but in practice they are the same.
Indeed, the facts on the grounds are that NPP has implemented more social democratic or pro poor policies than
NDC.
The real differences between NDC and NPP is which party holds Executive power to be able to engage in
corruption and who benefits most from corruption. This should not be surprising because they are all Ghanaians
and corruption is endemic in the Ghanaian society. The competition between NDC and NPP is not about which
party will perform better and secure a better future for Ghana and Ghanaians, but who can loot more for
themselves and their families.
The fight against corruption in Ghana is dead with this shameful and scandalous bribery in Parliament. The
reputation of the Legislature is damaged beyond repair and this is a national humiliation in the eyes of the
democratic world. As long as the Chinese know that they can bribe our leaders with pittance they will continue
to treat Ghana with contempt and rape the nation with inflated contracts. By this behaviour, MPs failed in their
duty to conduct due diligence on the contract. For example, there was no indication that the important issues
raised by (Dis)honourable Kennedy Agyapong was addressed. The 275 MPs should bow their heads in shame.
Comments:
This article has 8 comments, give your comment
ZTE is under investigation for corruption in Mongolia, following the arrest of a Mongolian tax official who handled the
company's tax affairs.
E. Amarat, the lead investigation officer of Mongolia's Anti-Corruption Agency, confirmed the
earlier speculation of a bribery probe in March during a press conference, in a report
(http://www.ft.com/intl/cms/s/0/94ced06e-a362-11e2-ac00-00144feabdc0.html#axzz2QUmJX5oo) last
Friday by the Financial Times.
Senior managers of the Chinese firm had reportedly been detained for alleged bribery
involving a digital education project, according to The Standard
(http://www.thestandard.com.hk/news_detail.asp?we_cat=2&art_id=132170&con_type=3) . Following tip
offs, Mongolian anti-corruption officers had raided ZTE offices and its managers' homes, the article added.
The Standard noted from 2007 to 2012, the telecoms gear marker has been linked to bribery in the Philippines,
Algeria and Norway.
In March, ZTE posted its second straight quarterly loss for it fourth quarter (http://www.zdnet.com/cn/zte-books-456m-
annual-loss-on-delayed-deals-7000013224/) to round off its first yearly loss ever at US$456 million. It blamed a delay in
overseas projects and low-margin contracts.
That same month, the firm revealed it had reduced some middle and senior management positions
(http://www.zdnet.com/cn/zte-cuts-senior-middle-management-roles-in-restructure-7000012432/) amid an ongoing organizational
review which begun last year to streamline the organization.
ZTE, along with Chinese counterpart Huawei, have been under scrutiny by the United States government for being a
national security threat due to their alleged links to the military. It had also been under investigation by the FBI
(http://www.zdnet.com/zte-in-fbi-probe-for-allegedly-selling-spy-kit-to-iran-7000000860/) for allegedly selling surveillance
equipment against trade sanctions to Iran (http://www.zdnet.com/zte-to-restrict-iran-biz-after-alleged-spy-equipment-sale-
2062304280/) .
Grace Cao
Senior managers of ZTE Corp (0763) have reportedly been detained in Mongolia for alleged bribery involving a digital
education project.
Acting on tips, officers of Mongolia's anti- corruption bureau raided ZTE offices and managers' homes as well as
checking cars and garages, itxinwen.com quoted insiders as saying.
"The bureau found evidence of bribery after a comprehensive investigation into the documents relating to ZTE's digital
education projects," according to a claim yesterday.
Executives of the Shenzhen-based firm - the world's fifth-largest telecommunications equipment supplier - were
refusing to comment on the arrests, according to the Global Times, though they were reported as saying the firm had
acted in accordance with the laws of Mongolia.
From 2007 to 2012, ZTE was linked to bribery in the Philippines, Algeria and Norway.
The Mongolia case was not the only matter troubling ZTE yesterday.
It is in a patent dispute with Huawei Technologies, which won an injunction from a German court on a complaint about
4G-ready base stations. ZTE is to appeal.
ZTE issued a profit warning in January, estimating losses for the past year would come up to 2.9 billion yuan (HK$3.62
billion) on project delays and lower sales.
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The European Commission plans to send a formal warning to China that it is ready to levy
sanctions against telecoms equipment makers Huawei and ZTE Corp over illegal subsidies,
according to reports.
The decision will mark an intensification of the European Union's efforts to guard against what Brussels says is dumping by
China Photo: Getty Images
EU trade chief Karel De Gucht is set to win support from the bloc's executive on Wednesday to send the
warning letter and show China's new president, Xi Jinping, that Brussels is serious about countering what
it says is state support, Reuters claimed.
"We want to send a warning to the Chinese, a letter of intent that if they don't change their practices, there
will be duties," said a source, who added that Mr De Gucht had the full backing of European Commission
President Jose Manuel Barroso.
The decision will mark an intensification of the European Union's efforts to guard against what Brussels
says is dumping by China, the EU's second-largest trading partner. From June, the Commission will also
levy duties on billions of dollars of solar panels from China, EU officials have told Reuters.
EXHIBIT B: Sourced Articles and Webpages Accessed Page 1
Source No. 21 January 30, 2014 at 2:20 PM EST
Huawei was a little known telecoms firm less than a decade ago but today, along with its smaller rival
ZTE, it holds almost a quarter of the European market.
That poses a security risk, the Commission says, because European industries ranging from healthcare to
water utilities are becoming reliant on cheaper Chinese wireless technology.
An internal EU report last year recommended that the 27-member bloc should take action against
Chinese telecoms equipment makers as their increasing dominance of mobile networks made them a
threat to security as well as to home-grown companies.
A Huawei spokeswoman in Brussels declined to comment on the move, but the company denies
receiving unfair subsidies. It says its advantages are due to low-cost manufacturing and that its products
are secure. There was no comment ZTE on Tuesday, but it also denies allegations of illegal subsidies.
Mr De Gucht told Reuters in February there were serious concerns about China's growing presence in
mobile telecoms networks, noting that the US and Australia had effectively shut Huawei out of their
markets.
Last year, Germany excluded Huawei from supplying the infrastructure for a national academic research
network.
But European manufacturers Ericsson, Alcatel-Lucent and Nokia Siemens Networks fear retaliation in
China if they push to launch an anti-subsidy case, so the Commission has been collecting evidence on
Huawei and ZTE with a view to launching a case on its own initiative.
Division between EU countries over the telecoms issue meant De Gucht has trodden cautiously. Britain
and the Netherlands have embraced Huawei as a major job provider, while France and Italy have been
backing De Gucht on going ahead with sanctions.
"This is a political decision tomorrow," said another person briefed on the Commission's thinking. "It's
basically saying, we have all the evidence we need, we don't need to launch an investigation," the person
said.
The Huawei spokeswoman noted that the company had offered several times to meet the European
Commission but was rebuffed.
By Michael Malakata
October 23, 2013 05:03 pm | Computerworld Z ambia
Government investigators say that Huawei Technologies illegally imported $13 million worth of telecom
equipment into Ethiopia, adding to the number of cases involving allegedly corrupt activities by Chinese
telecom companies in Af rica.
T he equipment was allegedly imported into the country in the name of Ethio Telecom, a state-owned telecom
company, without Ethio’s knowledge, according to the Ethiopia Revenue & Customs Authority (ERCA). T his
was done to avoid paying taxes, ERCA said.
ERCA has said it will conf iscate the equipment and is likely to slap the company with tax avoidance charges.
T he equipment has been stuck at the country’s port since last year.
Ethio Telecom signed an $800 million telecom equipment deal with Huawei and another $800 million contract
with China-based Z T E to expand its mobile phone network only three months ago. T he equipment under
investigation, however, was imported into the country toward the end of last year.
Questions are being asked regarding the timing of the imports. Industry are asking how Huawei Technologies
knew it should start importing the equipment about nine months bef ore the Ethio tender was actually awarded
to the company.
Huawei imported a total of 235 items including energy storage units, various types of batteries and microwave
telecom communication products. Ethio has told ERCA that it never told Huawei Technologies to import any
telecom equipment on its behalf .
T he projects with Huawei and Z T E aim to introduce 4G broadband internet in the capital, Addis Ababa, and
increase mobile phone and 3G Internet access across the country.
Less than 1 percent of Ethiopia’s 85 million people have access to the Internet on mobile phones, according to
the International Telecommunications Union. Ethio Telecom is the only operator in the East Af rican country that
is still under tight state control and the government wants it to expand its coverage to meet the growing
demand in the communications market.
“China’s growing inf luence in Af rica is one that is now turning into a heap of unprecedented embarrassment
due to underhanded methods being used to win tenders by Chinese companies,” said Edith Mwale, telecom
analyst at Af rica Center f or ICT Development.
Chinese telecom companies have also been f acing numerous corruption allegations around Af rica because of
the manner in which telecom contracts are awarded to them.
In Algeria, Kenya, Uganda and Nigeria, Chinese companies have f aced investigations over corruption related to
telecom tenders. In Algeria, Huawei and Z T E are banned f rom bidding f or telecom tenders f or two years
f ollowing convictions f or corruption charges.
Z e-Habesha Website may contain advice, opinions, and statements of various inf ormation and content
providers. T he Website neither represents nor endorses the accuracy of inf ormation or endorses the contents
provided by external sources. All blog posts and comments are the opinion of the authors.
Relat ed Post s:
AFRICA NEWS
Towers like the one pictured have spread cellphone use across Ethiopia. Matthew Dalton/The Wall
Street Journal
LAKE WENCHI, Ethiopia—In the green highlands here southwest of Addis Ababa, farmers like Darara
Baysa are proud owners of cellphones that run on a network built by China's ZTE Corp.
The trouble is, they have to walk several miles to get a good signal. "The network doesn't work well," says
Mr. Baysa, a former army sergeant, stopping on the unpaved road near his home to show his hot-pink
smartphone.
China's financial firepower helps its firms win many of these contracts. But in agreeing to such deals,
some governments appear to have flouted rules meant to foster sound public investment. When countries
sidestep such rules, say experts at institutions such as the World Bank, big projects often cost more and
are more likely to be poorly executed.
Tony Duan, chief executive of Huawei's Ethiopian division, says the company is "fully aware of the issues
linked to poor quality telecom services and frequent interruptions of mobile networks in the country."
Jia Chen, chief executive of ZTE's Ethiopian business, acknowledges that the network's service has been
uneven. He blames delays in awarding the next phase of expansion, construction projects that cut
telecom lines and slack maintenance by Ethio Telecom. "Maintaining the network is not our job," he says.
Governments need competitive bidding and other controls to get the best prices and ensure projects are
well-planned, says Neill Stansbury, director of London-based Global Infrastructure Anti-Corruption Centre,
who contributed to the World Bank report on Ethiopia's project.
Large loans can obscure project costs, he says: "You may end up overall, over 20 years, with a much
more expensive package than you would have done buying another manufacturer's equipment at a more
expensive financing cost."
ZTE and Huawei have grown to be two of the world's largest telecom-equipment makers, aided by access
to hefty financing that helps them outbid Western rivals.
Western companies can get loans supported by government export-finance banks. But almost all these
banks, unlike China's, have signed an agreement backed by the Organization for Economic Cooperation
and Development limiting such lending, especially to countries with debt-problem histories.
The state-owned Export-Import Bank of China and the China Development Bank finance exports and
overseas projects. They provided nearly $50 billion in financing for Africa from 1995 through 2012, mostly
export credits, according to estimates by Deborah Brautigam, director of the International Development
Program at Johns Hopkins University. Chinese companies also get financing from state-run China Export
and Credit Insurance Corp.
The U.S. Export-Import Bank has provided about $12 billion in financing for African buyers during the
same period. The U.S., the European Union, China and other nations have been negotiating international
guidelines on export financing that Western governments hope will restrain Chinese state-run banks.
China has had a sizable presence in Ethiopia for more than a decade, and ties between the two grew
closer after Ethiopia's disputed elections in 2005. Then-Prime Minister Meles Zenawi, who led Ethiopia for
more than 20 years until his death in 2012, began to view the West as less friendly.
He aligned Ethiopia with China, awarding ZTE the 2006 telecom deal, which was funded with loans from
the Export-Import Bank and China Development Bank. China Development Bank didn't respond to a
request for comment.
A ZTE spokesman says it has built more than 2,000 cellphone transmission sites in Ethiopia and laid
about 5,000 miles of fiber-optic cable in forbidding terrain. ZTE says paying cellphone users in Ethiopia
have soared from around one million in 2005 to over 12 million in 2013, a seventh of the population.
The network has vastly improved quality of life for many. Cellphone service now extends across much of
Ethiopia, an impoverished country whose 90 million people form one of Africa's largest, fastest-growing
markets.
In rural areas, where most live, the network has ushered in new ways of doing business.
"Otherwise we keep it and find another way to sell it another time," he says, as a team of oxen threshed
golden piles of teff on his farm west of the capital.
Two years ago, before he got a cellphone, Mr. Baysa, the farmer with the pink phone, says he sometimes
had to travel three days from his home by foot, horse and bus simply to check on friends and family.
Still, he wouldn't mind a luxury he has heard others enjoy: phoning from bed.
Ethiopians elsewhere also complain about the network's spottiness. In the capital of Addis Ababa, the
phone network appears overburdened and is sometimes inaccessible during the day.
If the network and other infrastructure projects don't work well, Ethiopia could see economic growth suffer
and its foreign-exchange reserves depleted to repay debts, says Benedicte Vibe Christensen, an
economist who was an Africa expert at the International Monetary Fund until 2009.
"If the quality of investment projects is not good, at the end of the day the risk is that foreign exchange
reserves would be insufficient to repay all loans," she says.
The Chinese loans for the 2006 project account for about 12% of Ethiopia's nondomestic public-sector
debt, according to government data. Ethio Telecom doesn't publish financial statements. It started
repaying the loan in 2010, and it has repaid around $300 million in principal, according to a person
familiar with the repayment.
Financing has a cost: ZTE's Mr. Jia says ZTE must charge Ethiopia more for its network partly because
the loans are large, the repayment period is long—13 years—and ZTE is liable if Ethio Telecom doesn't
repay.
"If you just think about the price compared with the others, you think, 'Oh, your prices are very high, then
you make a lot of money,' " Mr. Jia says. "But you have to think: This money, I'm going to get it back in 13
years!"
The network's uneven performance echoes worries that former Ethiopian telecom managers say they had
about ZTE's gear before it won the 2006 contract. Calls to and from ZTE-covered areas were frequently
dropped, and the mobile-phone signal in those areas was so weak that people living in brick or stone
houses often had to go outside to use their phones, the former managers say.
A ZTE spokesman says interconnection problems such as those the network experienced in that era are
a common result of different suppliers' equipment using the same frequency.
Some of those managers say they raised concerns about giving contracts to ZTE—and were punished for
it.
The former managers say they argued that Ethiopia's telecom operator hadn't run a proper competitive
bidding process for the 2006 ZTE contract. They say they worried the deal would make Ethiopia
completely dependent on ZTE.
EXHIBIT B: Sourced Articles and Webpages Accessed Page 5
Source No. 23 January 30, 2014 at 2:19 PM EST
"We complained: It will damage the future of the Ethiopian Telecommunications Corporation," says a
former manager at the ETC, a predecessor to Ethio Telecom. "If we select only one company, we are
going to depend on one company."
The managers who say they raised the concerns were among two dozen employees that the Federal
Ethics and Anti-Corruption Commission of Ethiopia prosecuted in 2008 for violating government
contracting rules, mainly for a previous contract that they awarded to Ericsson in 2005.
A court sentenced some to jail, including the former chief executive, Tesfaye Birru, who has denied the
charges and remains in jail.
Senior government officials "tried to intimidate others not to speak against the Chinese company," says
the former ETC manager.
Officials at the anticorruption commission deny the prosecutions were an attempt to silence ZTE's critics.
The commission didn't accuse the managers of personally profiting from the Ericsson deal.
The anticorruption commission says: "What is confirmed is that the defendants abused their power,
violated existing rules and regulations, conspired to benefit others and caused the government to incur
unnecessary costs."
A former Ericsson manager in Ethiopia who is no longer in the country, Moncef Mettiji, says there were no
improprieties involved in the 2005 contract.
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Norwegian telecommunications giant Telenor banned for six months Chinese company ZTE
Corp. from participating in tenders and new business opportunities because of an alleged breach
of its code of conduct in a procurement proceeding,” international news agencies reported.
Telenor announced the ban Monday last week, October 13. It will take effect until March 3, 2009.
The news reports did not give further details on the breach.
Based on its company profile, Telenor ranked as the world’s 7th largest mobile operator having
ownership interests in 12 mobile operators across Europe and Asia. In 2007, it enjoyed annual
revenue of NOK 105 billion.
“This situation between Telenor and ZTE has arisen because of the actions of a single employee
in a ZTE subsidiary acting on his own behalf,” news agencies Reuters and Wall Street Journal
quoted a statement of ZTE Corp.
“The individual concerned has been disciplined and we are reviewing possible legal action. ZTE
has a very clear code of conduct and, as a listed company, our employees have to adhere to the
highest business standards,” the ZTE Corp.’s statement also said.
ZTE Corp. gained notoriety in the Philippines after its involvement with the government’s
controversial national broadband deal project.
Several witnesses came forward to testify on the allegedly irregular procurement process
undertaken by government agencies in awarding the project to ZTE Corp.
In a Senate hearing in February, self-proclaimed ZTE Corp. local consultant and liaison officer
Dante Madriaga testified that the Chinese company advanced a total US$41 million to President
Arroyo and her agents to seal the deal.
EXHIBIT B: Sourced Articles and Webpages Accessed Page 1
Source No. 24 January 30, 2014 at 2:18 PM EST
Before Madriaga, witnesses Jose “Joey” De Venecia III and Rodolfo Noel “Jun” Lozada surfaced
to accuse the President of involvement in the anomalous broadband deal project. But it was
Madriaga who named ZTE official Fan Yan’s involvement in the cash advances.
Madriaga said back then that Fan Yan (or Fan Yang) personally told him about the advances.
The ZTE official was supposedly worried about the delayed approval of the deal.
The controversy led President Arroyo to cancel the project with ZTE Corp. The Chinese
government, on the other hand, later cleared ZTE Corp. of any violations and laws and rules in
relation to its dealings in the Philipines.
All these moves did not provide a closure to the controversy, however. The allegedly anomalous
government project is one of the charges in the latest impeachment case against President
Arroyo.
as of 10/21/2008 2:49 PM
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Business Top Stories ZTE Norway's telco giant bans ZTE for 6 months
Links:
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Telenor spokesman Dag Melgaard said that "for the moment we have
NEWS ANALYSIS
suspended ZTE from tender processes and new business opportunities for six
RAY LE MAISTRE, months, ending March 3 next year, because of a breach of our code of conduct
Editor-in-chief related to a recent tender process." He said the ban is worldwide, covering all of
10/13/2008 Telenor's international operations.
COMMENT (18)
Melgaard would not provide any details about the nature of the breach, or which
tender process it referred to, but an industry source has told Light Reading that
ZTE representatives attempted to bribe Telenor officials in the course of a recent
Login business tender.
ZTE says the problem was caused by a rogue employee. In a statement emailed
50% 50%
to Light Reading and attributed to the vendor's CEO Yin Yimin, the company
Tweet 0 noted: "ZTE has a very clear Code of Conduct and, as a listed company, our
Share 1
employees have to adhere to the highest business standards."
0
It continued: "This situation between Telenor and ZTE has arisen because of the
actions of a single employee in a ZTE subsidiary acting on his own behalf. The
individual concerned has been disciplined and we are reviewing possible legal
action. We expect to continue the strong and positive relationship between our
two companies in the very near future."
ZTE is a supplier of GSM mobile infrastructure to Telenor. (See ZTE Touts GSM
Growth.)
Copyright © 2014 UBM Electronics, A UBM company, All rights reserved. Privacy Policy | Terms of Service
Which way for Huawei? To ban or not to ban – the reasons why
Australia is the latest country following the U.S. and India to ban Huawei from bidding to supply equipment to
networks considered to be a critical part of national infrastructure. The justification for these bans is that Huawei may
introduce “trap doors” or other software-based means into the equipment it installs that will facilitate the Chinese
military or Chinese Government’s ability to monitor communications in the country or to disrupt communications and
information systems and other vital ICT-dependent facilities (e.g. the electric grid) whenever they decide it is in their
interests to do so. The Indian Government lifted its ban in 2010 after a few months of negotiation but ordered that all
Chinese equipment pass extensive security checks before certification, while the U.S. has if anything been reinforcing
the obstacles Huawei faces in becoming a major competitor in the U.S. market.
The bans on Huawei in these countries for bidding on sensitive network projects (and in the U.S. as well for acquiring
U.S. companies that supply equipment to the military and security agencies) highlight the growing concerns among
their governments over the increasingly frequent Chinese cyberattacks on their companies and governments' IT
infrastructure as well as the claims that China is not adhering to the rules of the World Trade Organization (WTO) of
which it is a member. The U.S. government has specifically named China as the "most active and persistent" cyber
attacker against the U.S. and allied governments.
Furthermore the treatment of Google in and by China is one example of Chinese behavior which has received
significant publicity. The obstacles Google has encountered in operating in China represent in American eyes not only
unreasonable censorship accompanied by the hounding and punishment of dissenters by Chinese authorities, but also
discrimination against a U.S.-based company accompanied by allegations of theft of its source code.
The protestations from Huawei about these bans have to contend with stories and evidence about computer hacking
originating from China to collect commercial and military and intelligence information as well as concerns about the
protection (or lack thereof) of intellectual property on the part of Chinese companies. Huawei was founded by a
former member of the PLA’s (People Liberation Army) research institute where he was credited with several
technological achievements before entering the electronic sector. In other words, so the argument goes, Chinese
companies, especially ones suspected of continuing and long-term ties to the Chinese military, do not play “fair” in
competing with non-Chinese companies. Furthermore use of the equipment and software provided by Chinese
suppliers in key parts of a country’s network infrastructure could pose an unacceptable risk to the national security of
that country and the ability of other companies to keep commercially sensitive information confidential.
There are several reasons which are outlined below to question this one-sided picture of Huawei’s role and activities.
However Huawei’s attempts to allay the fears about its behaviour are inhibited by its opaque ownership structure as
well as by widely reported stories of the proportion of hacking into U.S.-based and other computer systems that
reportedly originates from China. The Chinese claim reciprocally that their computers are regularly hacked into from
the U.S. and elsewhere. Furthermore the Western media regularly cover unfavourable commentaries about the
difficulties which Google has encountered in operating in China and the often apparently random ways in which
internet users in China find their communications blocked. These stories are used to persuade Western public opinion
and politicians who are only too happy to pander to jingoistic and paranoid tendencies among voters and accuse
It is true that Chinese attitudes and traditions about what is considered legitimate and illegitimate behaviour in
commercial transactions and the rights of citizens differ from those that are prevalent in the U.S. and other Western
countries, which fosters an atmosphere in which it is easy to demonize Chinese companies. Nevertheless the
characterization of Huawei as an arm of the Chinese Government or military which competes unfairly against upright
Western companies and is simply a Trojan horse for China’s military and intelligence services neglects other
characteristics of the markets in which Huawei operates and the roles of many other players.
Several other factors paint a more nuanced picture than the one which emerges by simply focusing on concerns
about China that generate and underlie apprehension about Huawei and the risks it may pose. Firstly defenders of
civil liberties in the countries that have introduced bans on Huawei may or arguably should be as worried about the
activities of their own governments and locally-based companies as they are about threats from China. Provisions of
the U.S. Patriot Act as well as the role of AT&T in assisting the U.S. Government with the surveillance of the
telephone and Internet communications of millions of Americans indicate that significant threats to human rights can
arise from domestic as well as foreign sources. Are the risks from the actions of domestic organizations involved in
networks also not significant as well as those from foreign suppliers, if not in military terms at least in terms of the
daily lives of citizens?
Secondly India one of the countries which imposed bans on Huawei (and its fellow Chinese supplier ZTE) presents an
unusual and ironic twist to the debate about whether or not Huawei should be banned from bidding on sensitive
contracts. India has perhaps a more obvious justification than Australia or the U.S. for being leery about the
involvement of Chinese companies in its networks since it has a longstanding border dispute with China that
triggered the 1962 Sino-Indian war in which India suffered a humiliating defeat. Nevertheless in an apparent paradox
in mid-2011 India reportedly turned to Huawei for help in searching imported smartphones and communications
devices for signs of malware and spyware. Huawei opened a research lab at Bangalore's Indian Institute of Science
that will be used for this purpose among others. Of course it can be argued that opening a joint Indian-Chinese
cybersecurity lab may also present problems for Huawei, since it creates an environment where it will be easy for
Indians to observe Huawei's techniques and corporate behaviour. In other words perhaps there is a cyberanalogy to
the saying, “Keep your friends close and your enemies closer” as the Chinese general and military strategist Sun Tzu
wrote about 2400 years ago. The purpose of intimacy with possible enemies is to get to know them as well and
thoroughly as possible in order be able to anticipate and counter any hostile initiatives they may undertake.
Thirdly other countries most notably the U.K. , and very recently also New Zealand which has given approval for
Huawei to participate in its ultrafast broadband project, have not found it necessary to ban Huawei from participation
in supplying equipment to its major networks. Yet the U.K. presumably has comparable concerns as the U.S. and
Australia about both the risks as well as the benefits of allowing Chinese companies to sell ICT equipment in their
domestic market. In the UK, the fixed line incumbent BT has reiterated its confidence in Huawei, and said that it was
able to examine source code for products to check for "back doors" or eavesdropping functions. BT said in a
statement: "BT's relationship with Huawei and other suppliers is managed strictly in accordance with U.K. laws and
security best practice. BT's network is underpinned by robust security controls and built-in resilience. We continue to
work closely with all our suppliers and the government, where appropriate, to ensure that the security of the network
is not compromised."
Fourthly of course there is also the risk of retaliation in the Chinese market against firms based in countries that
impose bans on Huawei. It would be ironic for example if the competitive beneficiaries of bans on Huawei in the U.S.
– most obviously the Sweden-based Ericsson and the French headquartered Alcatel-Lucent - were also beneficiaries
of formal or informal reciprocal bans imposed on U.S.-based companies (such as Cisco and Juniper Networks) in the
Chinese market.
Finally it should not be forgotten that Huawei is competing against other companies not countries, and is not the sole
or necessarily preferred representative of Chinese telecommunications technology. In South Africa this competitive
environment has been made obvious by the filing of a law suit by the local arm of the second Chinese
telecommunications supplier ZTE which alleges irregularities in the award of Telkom’s contract for a major network
upgrade. In Telkom’s tender process the bid from ZTE was rejected and Telkom awarded the business to Huawei and
Alcatel-Lucent.
Conclusion
Huawei has already taken significant steps to attempt to allay and overcome fears about its motivations and
behaviour such as establishing local manufacturing and development facilities, hiring local nationals with
distinguished backgrounds and pedigrees to make its case and occupy executive positions in the target countries, and
offering third parties (such as BT above) access to its software so that it can be certified as safe to use. However,
these steps have manifestly not been sufficient in some countries.
As for the countries that impose these bans on Huawei, rational analysis (which may be as improbable as changes in
Huawei’s behaviour within China, at least in the U.S. given the prevailing dysfunctional political climate in this country
which makes coherent debates almost impossible to initiate or admit to in decision making circles) would suggest
that a more nuanced view of threats and risks should be developed. After all in the context of the portfolio of risks
that may conceivably have Chinese origins some risks may be inherent in the use of ICT equipment sold by non-
Chinese firms that are delivered from facilities in China owned by or under contract to non-Chinese suppliers, or from
Chinese nationals working outside China who develop products and software while employed by non-Chinese
companies or are enrolled in graduate programmes at major U.S. universities which work on sensitive research and
development programmes funded by the U.S. Department of Defense. It is also possible as in the Cold War era that
non-Chinese staff in sensitive positions in key suppliers may be persuaded by financial incentives or ideology to act
on behalf of Chinese interests in ways that are harmful to the country of which they are citizens. Furthermore the
reported success of the Stuxnet virus in destroying some of the centrifuges used in Iran’s nuclear programme
illustrates that there are many avenues for wreaking cyberdamage that do not depend on the insertion of spyware or
malware in equipment installed in a target’s own networks. The price of security like that of liberty may be eternal
vigilance, but the vigilance should be intelligent or properly targeted and proportionate. Some of the bans imposed
on Huawei may be neither.
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All of the content on this web site is copyright BMI-TechKnowledge Group 2013
Report............................................................................................................................... 1
I. The threat posed to U.S. national-security interests by vulnerabilities in the
telecommunications supply chain is an increasing priority given the country’s
reliance on interdependent critical infrastructure systems; the range of threats these
systems face; the rise in cyber espionage; and the growing dependence all
consumers have on a small group of equipment providers. ..................................... 1
C. Investigative Challenges................................................................................ 10
A. The Committee finds that Huawei did not fully cooperate with the
investigation and was unwilling to explain its relationship with the Chinese
government or Chinese Communist Party, while credible evidence exists that
Huawei fails to comply with U.S. laws. ........................................................ 12
i. Huawei did not provide clear and complete information on its corporate
structure and decision-making processes, likely remains dependent on the
Chinese government for support. .............................................................. 13
ii. Huawei failed to explain its relationships with the Chinese government,
and its assertions denying support by the Chinese government are not
credible. ..................................................................................................... 21
iii. Huawei admits that the Chinese Communist Party maintains a Party
Committee within the company, but it failed to explain what the Party
i
iv. Huawei’s corporate history suggests ties to the military, and Huawei failed
to provide detailed answers to questions about those connections. .......... 24
vi. Huawei failed to explain its relationships with western consulting firms,
and any claims that its success is on account of those relationships, rather
than support by the Chinese government, are not credible. ...................... 26
ix. Evidence shows that Huawei exhibits a pattern of disregard for the
intellectual property rights of other entities and companies in the United
States. ........................................................................................................ 31
xi. Huawei refused to provide details on its R&D programs, and other
documents undermine its claim that Huawei provides no R&D for the
Chinese military or intelligence services. ................................................. 33
xii. Former and current Huawei employees provided evidence of a pattern and
practice of potentially illegal behavior by Huawei officials. .................... 34
ii
i. ZTE did not alleviate Committee concerns about the control of Chinese
state-owned enterprises in ZTE’s business decisions and operations. ..... 37
ii. ZTE maintains a Chinese Party Committee within the company, but has
not fully clarified how the Party Committee functions, who chooses its
members, and what relationship it has with the larger Chinese Communist
Party. ......................................................................................................... 40
iii. ZTE failed to disclose information about its activities in the U.S. ........... 42
iv. ZTE failed to provide any answers or evidence about its compliance with
intellectual property or U.S. export-control laws...................................... 42
iii
Executive Summary
iv
Recommendation 1: The United States should view with suspicion the continued
penetration of the U.S. telecommunications market by Chinese
telecommunications companies.
The United States Intelligence Community (IC) must remain vigilant and
focused on this threat. The IC should actively seek to keep cleared private
sector actors as informed of the threat as possible.
vi
vii
Second, the security vulnerabilities that come along with this dependence are
quite broad, and range from insider threats5 to cyber espionage and attacks from
sophisticated nation states. In fact, there is a growing recognition of vulnerabilities
resulting from foreign-sourced telecommunications supply chains used for U.S. national-
security applications. The FBI, for example, has assessed with high confidence that
threats to the supply chain from both nation-states and criminal elements constitute a high
cyber threat.6 Similarly, the National Counterintelligence Executive assessed that
Third, the U.S. government must pay particular attention to products produced by
companies with ties to regimes that present the highest and most advanced espionage
threats to the U.S., such as China. Recent cyber-attacks often emanate from China, and
even though precise attribution is a perennial challenge, the volume, scale, and
sophistication often indicate state involvement. As the U.S.-China Commission
explained in its unclassified report on China’s capabilities to conduct cyber warfare and
computer network exploitation (CNE), actors in China seeking sensitive economic and
national security information through malicious cyber operations often face little chance
of being detected by their targets.8
Chinese intelligence collection efforts against the U.S. government are growing in
“scale, intensity and sophistication.”12 Chinese actors are also the world’s most active
and persistent perpetrators of economic espionage.13 U.S. private sector firms and cyber-
security specialists report an ongoing onslaught of sophisticated computer network
intrusions that originate in China, and are almost certainly the work of, or have the
backing of, the Chinese government.14 Further, 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.15
A sophisticated nation-state actor like China has the motivation to tamper with the
global telecommunications supply chain, with the United States being a significant
priority. The ability to deny service or disrupt global systems allows a foreign entity the
opportunity to exert pressure or control over critical infrastructure on which the country
is dependent. The capacity to maliciously modify or steal information from government
and corporate entities provides China access to expensive and time-consuming research
and development that advances China’s economic place in the world. Access to U.S.
telecommunications infrastructure also allows China to engage in undetected espionage
against the United States government and private sector interests.18 China’s military and
intelligence services, recognizing the technological superiority of the U.S. military, are
actively searching for asymmetrical advantages that could be exploited in any future
conflict with the United States.19 Inserting malicious hardware or software implants into
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. Malicious implants in the components of critical infrastructure,
such as power grids or financial networks, would also be a tremendous weapon in
China’s arsenal.
In addition to supply chain risks associated with hardware and software, managed
services also pose a threat. Managed services, sold as part of the systems maintenance
3
Huawei and ZTE have proposed similar schemes for products entering the United
States market, administered without U.S. government involvement, but by Electronic
Warfare Associates or other private-sector security firms.22 These partnerships seek to
address concerns that the companies could permit the Chinese government to insert
features or vulnerabilities into their products, which would assist espionage or cyber
warfare. Unfortunately, there are concerns that such efforts if taken in the United States
The evaluation of products prior to deployment only addresses the product portion
of the lifecycle of networks. It is also important to recognize that how a network operator
oversees its patch management, its trouble-shooting and maintenance, upgrades, and
managed-service elements, as well as the vendors it chooses for such services, will affect
the ongoing security of the network.
Vendors financing their own security evaluations create conflicts of interest that
lead to skepticism about the independence and rigor of the result. A product
II. Investigation
A. Scope of Investigation
The Committee’s goals in this investigation were to inquire into the potential
security risk posed by the top two Chinese telecommunications companies and review
whether our government is properly positioned to understand and respond to that threat.
An additional aim of this process has been to determine what information could be
provided in an unclassified form to shed light on the key questions of whether the
existence of these firms in our market would pose a national-security risk through the
potential loss of control of U.S. critical infrastructure.
Recent studies highlight that actors in China are the source of more cyber-attacks
than in any other country. The National Counterintelligence Executive, for example,
7
Both Huawei and ZTE assert that the Committee should not focus only on them to
the exclusion of all other companies that manufacture parts or equipment in China. The
Committee recognizes that many non-Chinese companies, including U.S. technology
companies, manufacture some of their products in China. But it is not only the location
of manufacturing that is important to the risk calculation. It is also ownership, history,
and the products being marketed. These may not be the only two companies presenting
this risk, but they are the two largest Chinese-founded, Chinese-owned
telecommunications companies seeking to market critical network equipment to the
United States. To review supply chain risk, the Committee decided to focus first on the
largest perceived vulnerabilities, with an expectation that the conclusion of this
investigation would inform how to view the potential threat to the supply chain from
other companies or manufacturers operating in China and other countries.
B. Investigative Process
Specifically, on February 23, 2012, Committee staff met with and interviewed
corporate executives of Huawei at its corporate headquarters in Shenzhen, China. The
delegation toured Huawei’s corporate headquarters, reviewed company product lines, and
toured a large manufacturing factory. Officials involved in the discussion from Huawei
included Ken Hu, Huawei’s Deputy Chairman of the Board and Acting CEO; Evan Bai,
On April 12, 2012, Committee staff met with and interviewed corporate
executives of ZTE at its corporate headquarters in Shenzhen, China. In addition to these
meetings, the delegation took a brief tour of ZTE’s corporate headquarters, including a
factory site. Officials from ZTE included Zhu Jinyun, ZTE’s Senior Vice President,
U.S. and North America Market; Fan Qingfeng, Executive Vice President of Global
Marketing and Sales; Guo Jianjun, Legal Director; Timothy Steinert, Independent
Director of the Board (and Ali Baba Counsel); Ma Xuexing, Legal Director; Cao Wei,
Security and Investor Relations with the Information Disclosure Office; Qian Yu,
Security and Investor Relations with the Information Disclosure Office; and John
Merrigan, attorney with DLA Piper.
After the meetings, the Committee followed-up with several pages of written
questions and document requests to fill in information gaps, inconsistent or incomplete
answers, and the need for corroborating documentary evidence of many of the
companies’ factual and historical assertions. Unfortunately, neither company was
completely or fully responsive to the Committee’s document requests. Indeed, neither
Huawei nor ZTE provided internal documents in response to the Committee’s letter.30 To
attempt, again, to answer the remaining questions, the Committee called each company to
an open hearing.
On September 13, 2012, the Committee held an open hearing with representatives
of both ZTE and Huawei. The witnesses included Mr. Charles Ding, corporate senior
vice president and Huawei’s representative to the United States, and Mr. Zhu Jinyun,
ZTE senior vice president for North America and Europe. The hearing was designed to
be both thorough and fair. The witnesses were each given twenty minutes for an opening
statement and each was aided by an interpreter during the question and answer portion of
the hearing to ensure that the witnesses were given the maximum opportunity to
understand the questions and answer completely and factually.31
C. Investigative Challenges
The Committee thus focused primarily on reviewing Huawei’s and ZTE’s ties to
the Chinese state, including support by the Chinese government and state-owned banks,
their connections to the Chinese Communist Party, and their work done on behalf of the
Chinese military and intelligence services. The Committee also probed the companies’
compliance with U.S. laws, such as those protecting intellectual property, to determine
whether the companies can be trusted as good corporate actors. The Committee did not
attempt a review of all technological vulnerabilities of particular ZTE and Huawei
products or components. Of course, the Committee took seriously recent allegations of
backdoors, or other unexpected elements in either company’s products, as reported
previously and during the course of the investigation. But the expertise of the Committee
does not lend itself to comprehensive reviews of particular pieces of equipment.
The investigation sought to answer several key questions about the companies that
would, including:
What are the companies’ histories and management structures, including any
initial ties to the Chinese government, military, or Communist party?
11
The Committee is disappointed that Huawei and ZTE neither answered fully nor
chose to provide supporting documentation for their claims, especially given that Huawei
requested a thorough and complete investigation. The Committee simply cannot rely on
the statements of company officials that their equipment’s presence in U.S. critical
infrastructure does not present a threat, and that the companies are not, or would not be,
under pressure by the Chinese government to act in ways contrary to United States
interests. The findings below summarize what the Committee has learned from
information available, and suggest avenues for further inquiry.
A. The Committee finds that Huawei did not fully cooperate with the
investigation and was unwilling to explain its relationship with the
Chinese government or Chinese Communist Party, while credible
evidence exists that it fails to comply with U.S. laws.
These allegations were not the focus or thrust of the investigation, but they were
uncovered in the course of the investigation. The Committee believes that they reveal a
potential pattern of unethical and illegal behavior by Huawei officials, allegations that of
themselves create serious doubts about whether Huawei can be trusted to operate in the
United States in accordance with United States legal requirements and international codes
of business conduct.
Available information does not align with Huawei’s description of this structure,
and many analysts believe that Huawei is not actually controlled by its common
shareholders, but actually controlled by an elite subset of its management.45 The
Committee thus requested further information on the structure of the company’s
ownership. For example, the Committee requested that Huawei list the ten largest
shareholders of the company. Huawei refused to answer.46 At the hearing on September
13, 2012, Huawei admits that its shareholder agreement gives veto power to Ren
Zhengfei, the founder and president of the company.47 Other public statements by the
company undermine the suggestion that the 60,000 supposed shareholders of Huawei
control the company’s decisions. For example, in the company’s 2011 report, Mr. Ren
highlighted that Huawei’s Board of Directors:
Such statements undermine the credibility of Huawei’s repeated claims that its
employees control the company. Thus, to explore these conflicts, the Committee focused
much attention on the shareholder program. Of note, the only nonpublic, purportedly
internal documents that Huawei provided to the Committee in the course of the
14
Huawei officials explained that Chinese law forbids foreigners from holding
shares in Chinese companies absent a special waiver.49 Current and former Huawei
employees confirm that only Chinese nationals working at Huawei in the United States
participate in the shareholding plan. The inability of non-Chinese employees of Huawei
to hold shares of the company further erodes its claim that it is truly an employee-run
organization as an entire group of employees are not only disadvantaged, but
automatically excluded from any chance to participate in the process.
Huawei consistently asserted that the Chinese government has no influence over
corporate behavior and that the company is instead managed as an employee-owned
enterprise through Huawei’s Employee Stock Ownership Program (ESOP). Officials
explained that the shareholding plan is not a benefits plan; rather, it provides high-
performing employees an option to buy dividend-providing shares and thereby share in
the value of the company. Eligible employees are given the option to buy shares at a
certain company determined price, and can only sell the shares when they leave the
company or with approval.50
Huawei further explained that in 1994, the first Company Law of China was
officially published, regulating the establishment and operations of limited liability
companies.51 Under this law, the maximum number of shareholders was 50 individuals.
Thus, in 1997, Huawei claims to have changed its legal structure to a limited liability
company, and started the employee stock ownership program through the union.
Similarly, Huawei asserted that in 1997, the City of Shenzhen issued policies regarding
15
Questions remained after the Committee staff’s meeting with Huawei officials.
Most importantly, the Committee did not receive clear information about how precisely
candidates for the Board of Directors are chosen. This is a concern because such
individuals are key decision-makers of the company and those whose potential
connections to the government are of high concern. According to Huawei officials, the
previous Board nominates the individuals for the current Board. But it is not clear how
the original Board was established and Huawei refuses to describe how the first Board of
Directors and first Supervisory Board were chosen.54
16
The current stock price is the net asset value of the stock from the
previous year. When an employee purchases more shares or the
Union takes shares back, it is based on the current stock price. The
dividend amount of each year is based on the performance of the
company.
a. The Commission
17
b. The Board
18
c. Supervisory Board
d. Validity of Resolutions
19
The relevant resolutions shall take effect in the event that the
owner(s) of the right of veto does (do) not exercise the right of
veto against the aforementioned resolutions.
20
The Committee thus inquired into the precise relationship between the Chinese
government and Huawei. During the Committee’s meetings with Huawei executives, and
during the open hearing on September 13, 2012, Huawei officials consistently denied
having any connection to or influence by the Chinese government beyond that which is
typical regulation.59 Specifically, Huawei explained in its written responses to the
Committee, that “Huawei maintains normal commercial communication and interaction
with relevant government supervisory agencies, including the Ministry of Industry and
Information Technology and the Ministry of Commerce.”60 Huawei claims that it “does
not interact with government agencies that are not relevant to its business activities,
including the Ministry of National Defense, the Ministry of State Security, and the
Central Military Commission.”61 Huawei, however, did not provide information with
which the Committee could evaluate these claims, as Huawei refused to answer the
21
The Committee did not expect Huawei to prove that it has “no ties” to the
government. Rather, in light of even experts’ lack of certainty about the state-run
capitalist system in China, the Committee sought greater understanding of its actual
relationship with the Chinese government. The Committee requested that Huawei
support and prove its statements about its regulatory interaction by providing details and
evidence explaining the nature of this formal interaction. Any company operating in the
United States could very easily describe and produce evidence of the federal entities with
which it must interact, including which government officials are their main points of
contact at those regulatory agencies.
Similarly, Huawei officials did not provide detailed answers about the
backgrounds of previous Board Members. Rather, the Committee simply received the
same biographies as previously disclosed of current members of the Board of Directors
and Supervisory Board.63 Previous Board Members may have significant ties to the
Party, military, or government. And since the previous Board is responsible for
nominating the current Board members, this information is important to understanding
the historical progression of the company. Because the biographies of the previous
members would highlight possible connections to military or intelligence elements of the
Chinese government, Huawei’s consistent failure to provide this information is alerting.
iii. Huawei admits that the Chinese Communist Party maintains a Party
Committee within the company, but it failed to explain what that
Committee does on behalf of the Party or which individuals compose
the Committee.
Huawei’s connection to the Chinese Communist Party is a key concern for the
Committee because it represents the opportunity for the State to exert its influence over
22
Huawei admits, however, that an internal Party Committee exists within Huawei.
Huawei simply states that party committees are required by Chinese law to exist in all
companies in China.66 The existence of these Committees is, however, of particular
relevance. Huawei states in its defense that all economic institutions in China are
required to have a state Party apparatus inside the company. This is not, however, a
compelling defense for companies seeking to build critical infrastructure in the United
States. Indeed, experts in Chinese political economy agree that it is through these
Committees that the Party exerts influence, pressure, and monitoring of corporate
activities. In essence, these Committees provide a shadow source of power and influence
directing, even in subtle ways, the direction and movement of economic resources in
China.67 It is therefore suspicious that Huawei refuses to discuss or describe that Party
Committee’s membership. Huawei similarly refuses to explain what decisions of the
company are reviewed by the Party Committee, and how individuals are chosen to serve
on the Party Committee.
Similarly, Huawei officials did not provide information about Mr. Ren’s role or
stature in the Party. In his official biography, Mr. Ren admits that he was asked to be a
member of the 12th National Congress of the Communist Party of China in 1982. The
National Congress is the once-in-a-decade forum through which the next leaders of the
Chinese state are chosen. The Party members asked to play a role in China’s leadership
transition are considered key players in the state apparatus.68 Mr. Ren proudly admits
that he was invited to that Congress, but he will not describe his duties. Shortly after
being given such a prestigious role, Mr. Ren successfully founded Huawei, though he
asserts he did so without any government or Party assistance.69 Huawei likewise refuses
to answer whether Mr. Ren has been invited to subsequent National Congresses or has
played any role in Party functions since that time.70
23
iv. Huawei’s corporate history suggests ties to the Chinese military, and
Huawei failed to provide detailed answers to questions about those
connections.
With respect to Huawei’s founders, Huawei cited a Chinese legal requirement that
new companies in the economic development zone must have a minimum of five
24
The Committee struggled to get answers from Huawei on the details of this
founding, including how Mr. Ren came to know the initial individual investors, whether
his connections to the military were important to the eventual development of the firm,
and whether his role in the Party remains a factor in his and his company’s success.
Huawei officials claimed that after growing in rural areas in China throughout the
1990s, the Chinese government investigated the company at length between 1998-99 for
tax fraud.77 Huawei officials stated that they believed this investigation was politically
motivated and performed at the urging of the company’s competition – specifically, other
telecommunications companies that are also state-owned enterprises. Mr. Ken Hu
explained the investigation was a turning point in the history of the company.
Specifically, Mr. Hu stated that Huawei’s movement to opportunities outside of China
was the result of this investigation.78 Indeed, these officials sought to explain that this
episode proves that Huawei was not in fact a “national champion” or otherwise a favored
company in China.79
Given the obvious importance Huawei placed on this tax-fraud investigation, the
Committee’s subsequent questions and document requests sought detailed information
and further documentary support for its version of events. In particular, the Committee
sought information on the conclusion of the Chinese investigation. This information is
particularly important to the Committee given the apparent pride displayed by certain
Huawei officials in Shenzhen when describing how they successfully used their
connections to end the investigation. The ability of these corporate officers to end a
politically-motivated investigation suggests that Huawei officials were not as lacking in
political power or influence with the government as they suggested.
25
Huawei officials stated that one reason for the company’s success was its reliance
on the advice of western consulting firms, such as IBM, Accenture, and Price Waterhouse
Cooper.82 Huawei sought to convince the Committee that it was the advice of these
companies -- and not support by the Chinese government -- that explains Huawei’s
miraculous growth in recent years.83
Because of the importance Huawei places on the advice given by these consulting
firms, the Committee sought greater information and evidence showing that such advice
had important effects for the company. The Committee made clear that it did not seek
information on the terms of the contractual arrangements with the consulting firms, but
rather what information they reviewed from Huawei and what advice was provided. The
Committee offered to keep such information confidential to avoid concerns about
disclosing proprietary information.
Huawei responded with only a vague description of the advice provided by these
companies. Specifically, although “[s]ince 1997, Huawei has relied on western
management consulting firms to help improve [its] capabilities, build [its] processes, and
develop a comprehensive management system driven by customer requirements,”
Huawei failed to provide details about how those companies reformed the company other
than providing a few sentences mentioning standard business practices, including lead to
cash (LTC), integrated product development (IPD), issue to resolution (ITR), and
integrated financial services (IFS). Huawei, refused “to provide additional details as to
[its] consultancy relationships” citing concerns about proprietary information contained
in that advice.84 The Committee explained that it is most interested in evidence revealing
what Huawei did in response to the advice of these firms, and specifically financial or
other evidence that supports its position that those changes were responsible for
efficiencies, growth, and market success.85 Huawei could have answered such questions
without revealing proprietary information held by these companies.86 The Committee
26
Huawei has made the details of this consulting advice relevant to this
investigation by attributing its rapid success to the advice rendered by these consulting
firms. It is not then reasonable for Huawei to withhold that information from the
Committee so that it could evaluate those claims. If Huawei has within its possession
information and documents that would prove that the advice given by these firms was key
to Huawei’s success, Huawei should provide such information.88 The Committee was
and remains willing to enter into confidentiality agreements with all parties to solve any
concerns about the release of proprietary information. Huawei has failed to accept this
offer. Its failure to do so is indicative of the lack of cooperation shown throughout this
investigation.
During the Committee’s hearing, Mr. Ding suggested he did not understand and
had no knowledge of the term “national champion,” which is often used to describe
favored Chinese companies throughout the economic literature on China.91 The
Committee finds that Mr. Ding’s suggestion that he does not understand the term is not
credible. Huawei itself provided Capitol Hill offices a slide presentation in November
2011, which used the term “national champion” several times.92 In response to the
Committee’s questions about use of the term in that document, Huawei did not deny that
it used the document and provided the document containing the term.93 Rather, Huawei
stated that the particular slide in the larger document was created by a third party and thus
not Huawei’s responsibility.94 The Committee finds that Huawei’s knowing use of the
document in its discussions with United States elected representatives is sufficient
evidence to prove that Huawei does in fact have an understanding of the term. Mr.
27
Huawei officials also deny that they have received any special financial incentives
or support from the Chinese government.96 Huawei claimed that the company simply
takes advantage of general Chinese banking opportunities, but does not seek to influence
or coordinate with banks such as the Chinese Development Bank and the Export-Import
Bank, which are both state owned. In previous presentations, Huawei had suggested that
it served as an “intermediary and bridge” between the state-backed financial institutions
and Huawei customers.97 Huawei refused, however, to provide more detail about
precisely how those lines of credit developed. Huawei also refused to answer specifics
about its formal relationships with the Chinese banks, opting to simply answer that it
maintains “normal business relations” with the Export-Import Bank of China.98
Similarly, Huawei refused to describe the details of its relationships with Chinese
state-owned banks. For example, in Mr. Ding’s statement for the record, he explained
that Huawei receives loans from ten Chinese banks. But Mr. Ding refused to answer how
many of those ten banking institutions in China are state-owned.102 As described in the
28
In sum, Huawei admits that its customers receive billions of dollars in support
from Chinese state-owned banks and that it has received favorable loans from Chinese
banks for years. Huawei refuses to provide answers to direct questions about how this
support was secured, nor does it provide internal documentation or auditable financial
records to evaluate its claims that the terms of these agreements comply with standard
practice and international trade agreements. The Committee is equally concerned with
statements by company leaders that undermine the Committee’s confidence in the
financial information the company has provided. For example, in a June 2007 speech to
Huawei employees in the United Kingdom, Mr. Ren stated that he appreciated the
subsidiary’s attempt to create financial statements, “whether the data is accurate or
not.”105 Based on available information, the Committee finds that Huawei receives
substantial support from the Chinese government and Chinese state-owned banks, which
is at least partially responsible for its position in the global marketplace.
29
Similarly, the extent to which Huawei’s subsidiaries in the United States operate
independently of the parent company in Shenzhen remains unclear. Such information is
important, because any connections between the parent company in China to the Chinese
government might affect the operations and behavior of the company in the United
States. The Committee therefore requested information on the extent to which Huawei
USA’s decisions are controlled, influenced, or reviewed by the parent company.
Huawei explained that the first US-based Huawei subsidiary was established in
the United States in 2005 with headquarters in Plano, Texas. Huawei stated that the
parent company does not require approval for individual contracts in the United States.109
Rather, it stated that the Board of Directors in China does set general terms for operations
in the United States, and the parent company can help mobilize resources and set strategy
should the subsidiary need it. The Committee has heard from several former Huawei
employees in the United States who dispute Huawei’s explanation of its business model.
Sources from around the United States have provided numerous specific instances of
business decisions in the United States requiring approval by the parent company in
China. In one instance, an individual with first-hand knowledge explained that senior
30
To resolve this conflict, the Committee sought more information through its
written questions to understand the precise mechanisms through which the Huawei parent
company in Shenzhen controls Huawei’s strategy for entry and growth into the United
States market. Concerns that Beijing’s support to Huawei could impact the U.S. market
were heightened by Huawei officials’ statements to Committee staff that Huawei USA is
given general guidance and “resources” from the parent company if needed.112 In its
written response, however, Huawei failed to answer the Committee’s detailed questions
or provide any further information about the level of coordination between Huawei USA
and the parent company.113
ix. Evidence shows that Huawei exhibits a pattern of disregard for the
intellectual property rights of other entities and companies in the
United States.
The Committee has reason to believe that Huawei is careless with its compliance
with intellectual property protections. Investigators heard from numerous sources that
Huawei has a checkered history when it comes to protecting the intellectual property of
other entities.114 Specifically, several former employees of Huawei said it is known to
purposely use the patented material of other firms. First-hand accounts of former
employees suggest that Huawei does not appropriately purchase software applications for
use by its employees.115 Similarly, the Committee heard from industry experts that
31
Huawei’s defense is not credible. First, with respect to the Cisco litigation,
Huawei’s statements do not comport with statements made by Huawei officials at the
time of the lawsuit acknowledging that the company will remove infringing equipment.120
Second, the Cisco settlement itself required Huawei to “update and change all of the
products that have been accused of violating copyright or intellectual property rights.”121
Finally, during the hearing on September 13, 2012, Charles Ding refused to answer the
clear question of whether Cisco code had ever been in Huawei equipment.122 Mr. Ding’s
obstructionism during the hearing undermines Huawei’s claims that it did not violate
Cisco’s patented material.
Huawei’s ability to comply with international sanctions regimes and U.S. export
control regulations is an important indicator of the company’s ability to comply with
international standards of corporate behavior and to abide by U.S. laws irrespective of
China’s influence or interests. Public reporting raises questions about the company’s
compliance with these laws.
32
Huawei has refused, however, to answer detailed questions about its operations in
Iran or other sanctioned countries. In its written submission to the Committee, Huawei
again reiterated that it limited its future business in Iran because of the enhanced
sanctions and an inability to collect payment for operations in Iran. Huawei highlights,
though, that “Huawei respects the contracts signed with [its] customers” and thus will not
end current contracts in Iran.123 Huawei claims to “observe laws and regulations of the
UN, the U.S., the E.U. and other countries and regions on sanctions.”124 It also claims to
have instituted an internal program on trade compliance representing best practices to
manage these issues.125 But Huawei refused to provide any internal documents relating
to its decision to scale-back operations in Iran or otherwise ensure compliance with U.S.
laws.
Such documents would have validated Huawei’s claims that the decision was
based on legal compliance requirements and not influenced by any pressure by the
Chinese government.
xi. Huawei refused to provide details on its R&D programs, and other
documents undermine its claim that Huawei provides no R&D for the
Chinese military or intelligence services.
33
In its answers to the Committee’s questions after the hearing, Huawei again
simply asserted that it “has never managed any of the PLA’s networks” and “has never
been financed by the Chinese government for R&D projects for military systems.”
Huawei did admit, however, that it develops “transport network products, data products,
videoconferencing products, and all centers, and voice over IP (VoIP) products” for the
Chinese military “accounting for .1% of Huawei’s total sales.”129 Huawei also claimed,
however, that it “develops, researches, and manufactures communications equipment for
civilian purposes only.”130
The Committee finds that Huawei’s statements about its sales to the Chinese
military are inherently contradictory. The Committee also finds that Huawei’s failure to
respond fully to questions about the details of its R&D activities, coupled with its
admission that it provides products for the Chinese military and documents received from
employees, undermine the credibility of its assertion that it does not perform R&D
activities for the Chinese government or military.
During the course of the investigation, several former and current Huawei
employees came forward to provide statements and allegations about Huawei’s activities
in the United States. Given the sensitivities involved, and to protect these witnesses from
retaliation or dismissal, the Committee has decided to keep the identities of these
individuals confidential. The Committee has received multiple, credible reports from
these individuals of several potential violations by Huawei officials. Those allegations
include:
34
Second, employees have alleged instances fraud and bribery when seeking
contracts in the United States.133 Those allegations will be referred to the Justice
Department for further review and potential investigation.
Finally, the Committee heard from former Huawei employees that may constitute
a pattern and practice of Huawei using pirated software in its United States facilities. As
previously described, the Committee received information with Huawei’s logo that
knowingly and admittedly violated another firm’s copyrighted material.135 The
Committee thus finds that Huawei has exhibited a careless disregard for the copyrighted
material of other entities. As there may indeed be credibility to these employee
allegations, the Committee will also refer these claims to the Justice Department for
investigation.
35
ZTE sought to appear cooperative and timely with its submissions to the
Committee throughout the investigation. ZTE consistently refused, however, to provide
specific answers to specific questions, nor did the company provide internal
documentation that would substantiate its many claims. As with Huawei, the Committee
focused its review of ZTE on the company’s ties to the Chinese state, as well as the
company’s history, management, financing, R&D, and corporate structure. The
Committee did not to receive detailed answers on a number of topics described below.
ZTE did not describe its formal interactions with the Chinese government. It did not
provide financial information beyond that which is publicly available. It did not discuss
the formal role of the ZTE Communist Party Committee and only recently provided any
information on the individuals on the Committee. The Committee did not receive details
on ZTE’s operations and activities in Iran and other sanctioned countries. Finally, ZTE
refused to provide detailed information on its operations and activities in the United
States.
Importantly as well, ZTE argued at great length that it could not provide internal
documentation or many answers to Committee questions given fear that the company
would be in violation of China’s state-secrets laws and thus subject ZTE officials to
criminal prosecution in China.136 In fact, ZTE refused even to provide the slides shown
to the Committee staff during the meeting in April, 2012, for fear that they might be
covered by state secrets. To the extent ZTE cannot provide detailed and supported
answers to the Committee because China’s laws treat such information important to the
security of the Chinese regime, the Committee’s core concern that ZTE’s presence in the
U.S. infrastructure represents a national-security concern is enhanced.
The Committee notes that ZTE’s many written submissions were never numbered
to align with the Committee’s specific questions and document requests, as would be
typical with formal legal processes. The Committee believes that, through this method,
ZTE sought to avoid being candid and obvious about which questions it refused to
answer. Moreover, ZTE’s answers were often repetitive, lacking in documentary or
other evidentiary support, or otherwise incomplete.
The Committee also notes that ZTE did not simply deny all national-security
concerns arising from the global telecommunications supply chain. ZTE has advocated
for a solution – one based on a trusted delivery model – in which approved “independent
third-party assessors” transfer “hardware, software, firmware, and other structural
elements in the equipment to the assessor.”137 Such a model, as advocated by ZTE,
36
As with Huawei, the Committee is concerned with the influence of the Chinese
state in ZTE’s operations. Such access or influence would provide a ready means for the
Chinese government to exploit the telecommunications infrastructure containing ZTE
equipment for its own purposes. To evaluate the ties to the Chinese state, the Committee
focused on the company’s history, structure, and management. Many commentators
have noted that ZTE’s founding included significant investment and involvement by
Chinese state-owned enterprises, and thus the Committee sought to unpack the current
operations and ownership structure with the hope of understanding whether there are
remaining ties to the Chinese state.
During the interviews with ZTE officials in April and May 2012, ZTE officials
stressed that ZTE is a publicly traded company, having been listed on the Shenzhen stock
exchange in 1997, and the Hong Kong stock exchange in 2004. ZTE contends that it did
not begin with government assistance, either with technology transfers or financial
37
These officials often relied on this public listing to claim that ZTE finances are
transparent and comply with both Chinese and Hong Kong regulations regarding
financial disclosures. The officials often simply referred to the fact that they have annual
reports that detail information requested, such as amount and extent of government loans,
subsidies, and credits. ZTE refused, however, to explain whether it would be willing to
meet the reporting and transparency requirements of a western stock exchange such as
the New York Stock Exchange.141 As with Huawei, when the Committee sought more
detailed answers from ZTE on its interactions with key government agencies, ZTE
refused to answer.
The history and structure of ZTE, as admitted by the company in its submissions
to the Committee, reveal a company that has current and historical ties to the Chinese
government and key military research institutes. In response to questioning, the ZTE
officials first discounted and seemingly contradicted their own public statements, which
suggest that ZTE formed originally from the Ministry of Aerospace, a government
agency. In fact, exhibits displayed during the meeting in Shenzhen highlighted an early
collaboration between ZTE and the government-run No. 691 Factory, and other state-
owned enterprises. ZTE refused to provide the Committee copies of the slides presented
during this meeting.
ZTE officials instead suggested that Mr. Hou Weigui founded ZTE in 1985 with
five other “pioneer” engineers. Although they had all previously worked for state owned
enterprises, ZTE officials insisted that the formation of ZTE did not arise from any
relationship with the government. The company’s written submission to the Committee
admits that the company had an early connection to No. 691 Factory, which was
established by the Chinese government.142 As described by ZTE, No. 691 Factory is now
known as Xi’an Microelectronics Company, and is a subsidiary of China Aerospace
Electronics Technology Research Institute, a state-owned research institute. In its
submission, ZTE admits that Xi’an Microelectronics owns 34% of Zhongxingxin, a
shareholder of ZTE.143 ZTE’s evolution from research entities with connections to the
Chinese government and military highlight the nature of the information-technology (IT)
sector in China. In fact, taking as true ZTE’s submission of its history and ownership,
38
In 1997, ZTE was publicly listed for the first time on the Shenzhen stock
exchange. ZTE executives claim that it was at this point that other state owned
enterprises began investing in ZTE.
Currently, 30% of ZTE is owned by Zhongxinxin group and the remaining 70% is
held by dispersed public shareholders. The Committee is particularly interested in
whether the 30% ownership by Zhongxingxin constitutes a controlling interest or
otherwise provides the state owned enterprises an opportunity to exert influence over the
company. This question is particularly relevant because two state owned enterprises own
51% of Zhongxingxin. ZTE executives stressed that the public ownership of ZTE is
increasing as Zhongxingxin sells its shares (for example, in 2004, Zhongxingxin owned
44% of ZTE, and now Zhongxingxin holds only 30%). In ZTE’s July 3 submission to the
Committee, ZTE states that “[v]ery few knowledgeable individuals in China would
characterize ZTE as a state-owned entity (SOE) or a government-controlled company.”145
But the Committee specifically asked how it is that ZTE remains accountable to its
shareholders and not influenced or controlled by its largest shareholder given this
ownership structure. In its submission to the Committee, ZTE admits that a 30% share is
the point at which Hong Kong and Chinese law considers the holder to be a “controlling
shareholder.”146 ZTE simply stated that the company’s fiduciary duty to the numerous
shareholders means that the controlling shareholder does not in fact exert much actual
control over the company.147 ZTE does not explain in more detail how the Board
members, five of whom are chosen by state-owned enterprises, and some of whom are
acknowledged members of the Chinese Communist Party and members of ZTE’s internal
Communist Party Committee, would not exert any influence over the decisions of the
company.
39
ii. ZTE maintains a Chinese Party Committee within the company, and
has not fully clarified how that Committee functions, who chooses its
members, and what relationship it has with the larger Chinese
Communist Party.
During interviews with ZTE officials, ZTE refused to answer whether the
executives or board members are members of the Chinese Communist Party. ZTE first
downplayed the existence of the Party Committee within ZTE, and company
representatives were unable to answer whether any members of the Board were also
members of the state Party. Subsequently, in response to continued Committee
questions, ZTE acknowledged that it does, in fact, contain an internal Committee Party,
which ZTE suggests is required by the laws of China.148 In response to the Committee’s
written questions, ZTE again refused, however, to provide information about the names
and duties of the Party Committee members. At the September 13, 2012, hearing, Mr.
Zhu attested under oath that ZTE would provide the names of those individuals on the
Party Committee.149
In response to questions posed at the September 13, 2012, hearing ZTE did
provide the Committee a list of 19 individuals who serve on the Communist Party
Committee within ZTE. At least two of those individuals appear to be on the ZTE Board
of Directors. Other individuals are major shareholders in ZTE entities. ZTE has
requested and the Committee has agreed to keep the names of these individuals out of the
public domain. ZTE discounts the influence of that these individuals may have over the
company. The company asked that the Committee not release the names of the
individuals for fear that the company or the individuals might face retaliation by the
Chinese government or Communist Party. The Committee has decided to keep the
names of those members out of this public report, but the company’s concern with the
potential retaliatory measures it faces by the government for simply providing the
40
ZTE also did not fully explain the function of the Party Committee. Instead, ZTE
simply states that the Party Committee is controlled by company management. This
assertion is contradicted by ZTE’s own statement that ZTE executives and board
members actually are members of the [Chinese Communist Party] and delimit its
activities.”150 To the extent these executives and Board Members have obligations to
both the company’s shareholders and the State through the Communist Party, there is an
inherent conflict of interest in their duties, and this statement provides confirmation that
the Party likely does in fact have influence and input into the business affairs of the
company through these individuals.
The affidavit by the independent director, Timothy Steinert, seeks to allay any
concerns of influence by the government or Party by stating that:
This statement does not resolve the Committee’s concerns. First, there is a range of
operational and strategic decisions made on a daily basis within companies that are not
decided by or reviewed by the Board. Mr. Steinert’s affidavit says nothing about the role
of the Party Committee in those decisions prior to their reaching the Board, or for
decisions that do not reach the Board at all. Second, the Party’s influence through ZTE’s
Party Committee may not be facially obvious in the decision documents appearing for
review to the Board. Since at least two members of the Board are also members of the
Chinese State Party, it is impossible to know whether the votes of the Board are
conducted without influence by the Chinese Communist Party. When considering ZTE’s
activities or voting on certain measures, those Board members need not cite the Party to
be acting on the state’s behalf or in pursuit of the state’s interests. For these reasons, the
Committee finds unpersuasive ZTE’s claims that Mr. Steinert’s affidavit “confirms that
ZTE business decision making is not influence by the government or Party
considerations”152
41
iii. ZTE failed to disclose information about its activities in the United
States.
iv. ZTE failed to provide any answers or evidence about its compliance
with intellectual property or U.S. export-control laws.
The protection of intellectual property and compliance with United States export
control laws are a core concern for U.S. interests. The ability of a company to comply
42
Given ZTE’s background, the Committee was interested in ZTE’s R&D activities,
and particularly its R&D activities with or on behalf of the Chinese military or security
services. This information would help the Committee evaluate whether a company
seeking to build critical infrastructure in the United States could also be working with the
Chinese government on R&D projects with the purpose of finding or exploiting
vulnerabilities in those systems.
Recommendations
44
Recommendation 1: The United States should view with suspicion the continued
penetration of the U.S. telecommunications market by Chinese telecommunications
companies.
The United States Intelligence Community (IC) must remain vigilant and focused
on this threat. The IC should actively seek to keep cleared private sector actors as
informed of the threat as possible.
The Committee on Foreign Investment in the United States (CFIUS) must block
acquisitions, takeovers, or mergers involving Huawei and ZTE given the threat to
U.S. national security interests. Legislative proposals seeking to expand CFIUS
to include purchasing agreements should receive thorough consideration by
relevant Congressional committees.
45
1
Ken Hu, “Huawei Open Letter.” http://online.wsj.com/public/resources/documents/Huawei20110205.pdf
(accessed August 2, 2012).
2
Huawei’s letter was issued in February, 2011, when the Committee on Foreign Investment in the United
States (CFIUS) issued a recommendation that Huawei voluntarily divest assets it received in a 2010 deal
with 3Leaf, a United States company that developed advanced computer technologies. Shayndi Raice,
“Panel Poised to Recommend Against Huawei Deal,” Wall Street Journal, February, 11, 2011.
http://www.wsj.com/article/SB20001424052748704629004576136340771329706.html (accessed August
2, 2012)
3
A classified annex to this report provides both classified information relevant to the discussion, as well as
information about the resources and priorities of the IC.
4
Steven M. Rinaldi, James P. Peerenboom, and Terrence K. Kelly, “Identifying, Understanding, and
Analyzing Critical Infrastructure Interdependencies,” IEEE Control Systems Magazine, December 2001.
5
“The former National Counterintelligence Executive, Mr. Robert Bryant, recently noted that, ‘Insider
threats remain the top counterintelligence challenge to our community.’ An insider threat arises when a
person with authorized access to U.S. Government resources, to include personnel, facilities, information,
equipment, networks, and systems, uses that access to harm the security of the United States. Malicious
insiders can inflict incalculable damage. They enable the enemy to plant boots behind our lines and can
compromise our nation's most important endeavors. Over the past century, the most damaging U.S.
counterintelligence failures were perpetrated by a trusted insider with ulterior motives.”
http://www.ncix.gov/issues/ithreat/index.php
6
FBI, Intelligence Bulletin, “Supply Chain Poisoning: A Threat to the Integrity of Trusted Software and
Hardware,” June 27, 2011: 1.
7
Office of National Counterintelligence Executive, Report to Congress on Foreign Economic Collection
and Industrial Espionage, “Foreign Spies Stealing US Economic Secrets in Cyberspace.”(October 2011,
Washington, DC: 1.)
8
United States Congress, 2011 Annual Report of U.S.-China Economic and Security Review. (2011,
Washington DC: 59.)
9
National Institute of Standards and Technology, Draft NISTIR 7622, “Piloting Supply Chain Risk
Management for Federal Information Systems,” June 2010, 28.
10
Joint Press Conference, March, 29, 2012, Sydney, Australia. http://www.pm.gov.au/press-
office/transcript-joint-press-conference-sydney-1.
11
The Economist, “Huawei: The Company that Spooked the World,” Economist, August, 4, 2012.
http://www.economist.com/node/21559929 (accessed September 30, 2012).
12
United States Congress, 2011 Annual Report of U.S.-China Economic and Security Review. (2011,
Washington DC: 148.)
46
48
51
52
ZTE has made very plain to us that the Chinese government is the
largest owner of their company. However, we simply do not believe
that this gives ZTE the right to act as if unbound by the laws of this
country," says Williams.
In addition, the letter asked the FCC to "describe in detail whether the
effective implementation for the Communications Assistance for Law
Enforcement Act (CALEA) is impacted by outsourcing to foreign
companies..."
The PTA-FLA complaint alleges that fully functioning CALEA was one
of the capabilities the ZTE equipment failed to provide.
The Free Library > Communications > News, opinion and commentary > The Frontier Star (Northwest Frontier Province, Pakistan) > August 27, 2012
The Free Library > General Interest/Informational > General interest > The Frontier Star (Northwest Frontier Province, Pakistan) > August 27, 2012
The Free Library > Date > 2012 > August > 27 > The Frontier Star (Northwest Frontier Province, Pakistan)
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Customs Authorities to take action against
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ZTE on duty evasion.
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Islamabad -- Despite the fact that NAB has disclosed the details of the financial Tariffs
scam of different telecom operators but forgot to mention a similar scam by Zhongxing Telecommunications equipment
industry
Telecom Pakistan (Pvt) Ltd.
Despite making million in profits in Pakistan, some foreign companies try to use back
door channels with the help of corrupt officials of Federal Board of Revenue (FBR) to
get rebate in taxable profits. The corrupt officials at the FBR seemed more loyal to the
Telecom Companies.
It was reported that Rs. 149,205,836/- are recoverable in the form of custom duties
from M/S Zhongxing Telecom Pakistan (it is called as "ZTE Pakistan" in the market) up
till 31st May, 2012 despite the orders of Islamabad High Court on 3rd May, 2012 for the
recovery of such amount. It all started when ZTE enters into a contract with PTCL for
the installation of the telephone exchanges in 2001 for which ZTE had imported certain
components but it was later found out by the customs officials that the entire
exchanges were imported and the proper customs duties were not paid by the ZTE.
Though ZTE filed a petition against the court orders and the stay has been granted to
the same in a span of 3 days only raising doubts of the involvement of high ranked
officials in the government. NAB and the FBR have reached an agreement of giving no
such waiver and the evaded tax is to be recovered. When asked from the NAB official
of not taking any such action, the official responded that the case is now with the
Supreme Court and they would only take action against them once the detailed
judgment is announced.
When our correspondent asked for the business implications of the said judgment from
PTCL, they said that the said dispute may affect their business relation with M/S ZTE
Pakistan once the final verdict comes from the SC or the custom officials themselves.
Upon asking from the Customs Authority, the official said that Customs has imposed
an import ban on the ZTE Pakistan in the mid of July, 2012 and will stay until the
dispute is settled between the authorities and ZTE.
He also said that the Custom Office wants to settle the dispute through negotiations
but there is lack of co-operation from M/s ZTE Pakistan for the past 2 years and there
is still huge sum of money pending with ZTE Pakistan is the form of duties. In this
case, it seems the imposed ban on ZTE may take some months to a year at least till
the settlement of the complete disputes, since the gap between the parties are wide
and the court proceedings are dragging in the Supreme Court. The official warned that
this would have serious consequences for ZTE Pakistan and even some third party
those who are in business relations with ZTE Pakistan such as cellular companies may
also be affected by the imposed ban on importation on ZTE Pakistan.
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The Free Library > Communications > News, opinion and commentary > The Frontier Star (Northwest Frontier Province, Pakistan) > August 27, 2012
The Free Library > General Interest/Informational > General interest > The Frontier Star (Northwest Frontier Province, Pakistan) > August 27, 2012
The Free Library > Date > 2012 > August > 27 > The Frontier Star (Northwest Frontier Province, Pakistan)
KATHMANDU: ZTE – global telecommunications equipments and network solutions provider – has agreed to compensate Nepal
Telecom as it provided faulty equipments.
It is providing CDMA equipments worth $5,08,332 as compensation to Nepal Telecom, according to the Ministry of Information and
Communication source.
At least 15 various equipments — including Base Transceiver Station (BTS) related equipments — imported from ZTE in 2004 were
under question due to its poor quality, according to a letter of Nepal Telecom.
The Quality of Service of CDMA mobile service has hit due to the low quality equipments supplied by ZTE that has agreed to
compensate them by replacing the equipments free of cost.
“Consumers have been facing connection problems due to low quality of equipments,” the Nepal Telecom letter to the ministry
stated.
“It is very unfortunate that the consumers have been compelled to use low Quality of Service for nearly seven years due to
inefficiency of Nepal Telecom,” according to the ministry sources.
ZTE — in 2004 — had won the biggest CDMA contract — in the history of Nepal Telecom — under which ZTE had to supply
equipments for CDMA technology to build a network to cover the country’s major populated areas.
However, Nepal Telecom official said that the problem was minor. “The problem has not affected the Quality of Service of CDMA
service,” the Telecom source defended, but agreed that ZTE had missed to provide some equipments according to the agreement
between Nepal Telecom and ZTE.
However, Nepal Telecom never thought of complaining since last six years making the consumers suffer.
CIAA decree
KATHMANDU: Commission for Investigation of Abuse of Authority (CIAA) directed Prime Minister Office, Finance Ministry, Ministry
of Information and Communication and Nepal Telecom board and its management not to distribute bonus to its staffers breaching
the Company Act. “Nepal Telecom’s staffers are also shareholders of the company since they own 4.93 per cent of the share,” the
directive said, adding that bonus in cash and other forms cannot be distributed to shareholders without approval from the company’s
annual general meeting.
Probe on ISPs
KATHMANDU: Suspecting deliberate involvement in illegal Voice over Internet Protocol (VoIP), the Central Bureau of Investigation
has put the Global Internet Service — an Internet Service Provider (ISP) under scanner. “The bureau will take action under the
existing law, if found guilty,” said the bureau chief Rajendra Singh Bhandari. The Central Investigation Bureau of Nepal Police on
May 24 had raided an illegal business firm dealing in VoIP equipment and arrested its operator Prakash Kumar Pawan from
Kupondole. The police had also recovered a huge cache of VoIP equipment worth over Rs 10 million.